About this website
Website Owner – The Gift Concierge Co. (ABN 42 609 453 809) (www.thegiftconcierge.com.au & www.thegiftconciergeco.com.au) PO Box 687, Paddington NSW 2021
About these terms of use
The website “terms of use” and the associated Privacy Statement “privacy policy” govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.
Your access/use implies agreement
The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.
Modifications to the Terms
The Gift Concierge Co. may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
Modifications to the information
The Gift Concierge Co. does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of The Gift Concierge Co.
Errors and problems
The Gift Concierge Co. does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
License and Ownership
The copyright for the content on this website is owned or licensed by The Gift Concierge Co. and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of The Gift Concierge Co. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of The Gift Concierge Co.
The Gift Concierge Co. Privacy Policy
The Gift Concierge Co’s privacy policy governs the use of information collected from or provided by you on the website. A policy statement prepared by The Gift Concierge Co. for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at https://www.thegiftconcierege.com.au/privacy-policy.
Feedback, suggestions, comments or requests
We love hearing feedback, suggestions, comments and requests. These can be made at help@thegiftconcierge.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and The Gift Concierge Co. is under no obligation to keep such information confidential, and The Gift Concierge Co. will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by The Gift Concierge Co.. The Gift Concierge Co. makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. The Gift Concierge Co. may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from The Gift Concierge Co. website.
Inbound links
The Gift Concierge Co. generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and The Gift Concierge Co.. However, linking to any other page of the website is strictly prohibited, without express written permission from The Gift Concierge Co..
Jurisdiction
The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of NSW and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of NSW Australia.
Disclaimer of Warranties
The Gift Concierge Co. makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
Limitation of Liability
If The Gift Concierge Co. is found responsible for any damages, then The Gift Concierge Co. is only responsible for actual damages. In no event shall The Gift Concierge Co., be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
Liquor Act
Under the Liquor Control Act, gift’s including alcohol may only be purchased by people 18 years and over. For all gifts with alcohol included please ensure that the recipient is aged over 18 years and is available to receive delivery.
General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and The Gift Concierge Co. with respect to the subject matter hereof.
The goods delivered under this Agreement shall be of normal quality. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to The Gift Concierge Co. that you are able to make a legally binding contract.
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
The Gift Concierge Co. reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with The Gift Concierge Co. only comes into existence when The Gift Concierge Co. forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
This contract shall be governed by and construed in accordance with the law in effect in the State of NSW Australian and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to The Gift Concierge Co. if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by The Gift Concierge Co. within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
Ownership and property in the goods delivered shall pass from The Gift Concierge Co. to you when The Gift Concierge Co. accepts your offer and assigns product in The Gift Concierge Co. warehouse. Risk passes to you upon delivery to your agreed delivery point.
The Gift Concierge Co. shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and The Gift Concierge Co. shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify The Gift Concierge Co. in respect of any such use. The Gift Concierge Co. is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by The Gift Concierge Co. for the consequences of the use of damaged goods by you.
Nothing in these Conditions of Saleis intended to exclude, restrict or modify any statutory obligation of The Special Delivery Company implied by the Goods Act, 1958.
Photography
All images are copyright of The Gift Concierge Co. 2016 and cannot be used without prior permission from The Gift Concierge Co..
Cancellation & Refund Policy
If you wish to cancel your order, please contact The Gift Concierge Co. immediately on 1300 315 685. Once payment for an order has been accepted, cancellation is at the discretion of The Gift Concierge Co..
It is the responsibility of the customer to inform The Gift Concierge Co. if a gift has not been delivered. Upon notification we will investigate and ensure that the gift is delivered and received.
Refunds will not be given for late delivery that are out of our control due to delivery company. In the unfortunate event that a gift has been damaged through the delivery process, we will replace the gift with a no fuss attitude. Please call The Gift Concierge Co. on 1300 315 685 or email us at help@thegiftconcierge.com.au to organise for the replacement gift or damaged items to be re-sent.
In the event that you would not like a replacement gift or damaged items re-sent, we will refund the credit card used for the value of the total transaction or the value of the damaged items. We are committed to ensuring that your transactions with The Gift Concierge Co. are processed with excellent customer service and satisfaction.
