Terms & Conditions
IntroductionWelcome to HisGifts.com.au and thank you for taking the time to familiarise yourself with our Terms and Conditions. These Terms and Conditions govern the use of HisGifts.com.au (“this website”) and cannot be varied by any individual or entity, unless there has been a prior written agreement between that individual or entity and HisGifts.Please also consider our list of Frequently Asked Questions and feel free to Contact Us with any further queries you may have. HisGifts.com.au is owned and operated by HisGifts Pty Ltd and Gerard Patrick Pty Ltd trading as HisGifts (ABN 59 803 448 961), who maintain this website for your personal entertainment and information. For your convenience our Terms and Conditions are categorised under the headings General Use and Online Purchasing as set out below: |
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Security and Privacy Policies, should also be interpreted as being part of these Terms and Conditions. |
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General UseThe following ‘General Use’ Terms and Conditions govern the manner in which this website is to be used and specific obligations that users must accept prior to using this website. In addition to these terms, there may also be additional terms that govern your use of or access to specific parts or sections of this website, including, but not limited to the Terms and Conditions associated specifically with Online Purchasing and Competitions.Your access, use or browsing of this website signifies your acknowledgement and acceptance of these terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). HisGifts reserves the right to amend or update these Terms and Conditions at any time without providing notice to you. Users that do not fully agree with these Terms and Conditions should immediately exit this website. If you are under 16 years of age, we require that you obtain the consent of your parents or guardians before providing us with any information or making any purchases. Go to Top of Page Membership AccountsA HisGifts Member may not have more than one active membership, whether this is by use of name, e-mail address, alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as vouchers, promotional benefits and the value therein. Membership accounts are non-transferable and as a HisGifts Member, you agree to take responsibility for all activities that occur under your membership account.Go to Top of Page SubmissionsBy sending us your reviews, photos and video clips (including accompanying text) you are stating that you have read, agree to and understand the following terms and conditions:
Go to Top of Page Intellectual PropertyCopyright in this website is owned by HisGifts. Images, photos, video clips, designs, logos and product copy are either property of, or used with permission by HisGifts and are protected by copyright, trademarks and other intellectual property right laws.Material on this website may only be used for the purposes of browsing this website and acquiring the goods of HisGifts. Trademarks used in this website are the property of their respective owners. The absence of a product or service name or logo from this website does not constitute a waiver of the respective owners’ trademark or other intellectual property rights concerning that name or logo. Any unauthorised use of material on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Users of this website must obtain permission before copying, downloading or altering material from this website where this is not used for the purposes of browsing this website and acquiring the goods of HisGifts. HisGifts will enforce its intellectual rights to the fullest extent of the law, including the seeking of legal prosecution. Please direct all queries relating to the use of intellectual property on this website to document.write(‘‘ + ‘management’ + ‘@’ + ‘HisGifts.com.au‘) . Go to Top of Page External LinkagesThis website may include links to other websites operated by other individuals or entities. These links are provided for your convenience and do not constitute an endorsement or sponsorship of the practices, views or information contained at any linked website. HisGifts do not make any warranty or representation about any linked sites nor can any liability be accepted for any loss or damage which may arise as a result of accessing or using any material which may appear at a linked website. Linking to any other website or off-site page is at your own risk.The material on this website may include the views or recommendations of third parties, which do not necessarily reflect the views of HisGifts. While we take all care to ensure that this website and its data transmissions are free from viruses, we do not guarantee that material on this website or any linked website will be free from viruses, Trojan horses, worms or anything else that may interfere with or damage the operation of your computer systems, and we accept no liability for any such interference or damage. It is your responsibility to scan any such data with current virus-scanning software. The information contained in this website is only to be displayed in full screen format (not framed) unless permission has been obtained from HisGifts. Users posting information either on or through this website, or linking this website to another website, indemnify HisGifts for any loss or damage resulting from the posted material or link. HisGifts do not guarantee that access to this website will be uninterrupted. Go to Top of Page Disclaimer of LiabilityHisGifts is committed to providing a quality online shopping experience for its customers and makes every attempt to ensure the accuracy, currency and reliability of information contained in this website. However, changes in circumstances after time of publication may impact the quality of this information and HisGifts do not warrant the accuracy, adequacy or completeness of any material on this website. All information on this website is subject to change without notice.The information provided on this website does not constitute legal or professional advice nor is it conveyed or intended to be conveyed in the course of any adviser-client discourse. HisGifts makes the material available on this website on the understanding that users exercise their own skill and care with respect to its use. Before relying on the material in this website, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes. HisGifts will not be liable for any misinterpretation of information contained on this website. By accessing information at or through this website each user waives and releases HisGifts to the full extent permitted by law from any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of, or attributable to, any content, goods or other material on this website whether in contract, tort (including negligence), statute or otherwise. HisGifts will not accept any liability for defamation resulting from third party material on this website and is not liable for the actions of users of this website, the providers of information or ideas to this website or the suppliers of goods purchased from this website. If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited, at our exclusive option to the:
Go to Top of Page Applicable LawIf any part of these Terms and Conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts.Go to Top of Page |
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Online PurchasingThe following ‘Online Purchasing’ Terms and Conditions outline the various terms of the purchase agreement that must be agreed to before any transaction can proceed.If you purchase goods from this website or create a membership account with us, we may require you to provide your name, e-mail address, credit card number or other details to enable the processing of any orders that you make. You agree to provide HisGifts with current, complete and accurate customer information when asked to do so by this website or a customer service representative of HisGifts. Please note that some products we sell may not be suitable for children because they represent a choking or some other safety hazard. All customers warrant that they are over 16 or have the consent of their parents or guardians to enter into a purchase agreement with HisGifts. Should you have any complaints about a purchase from HisGifts, please direct these to: document.write(‘‘ + ‘management’ + ‘@’ + ‘HisGifts.com.au‘) . We also encourage you to visit the Department of Consumer and Employment Protection for further information about your rights as a consumer. Go to Top of Page Pricing, Ordering and PaymentPrices of goods, delivery and other charges displayed on this website are current at the time of display. All prices are in Australian Dollars (AUD) and inclusive of the Goods and Services Tax (GST) at the current rate of 10%. These prices are subject to variation without notice. Ordering and paying online is the most convenient way for you to make a purchase from HisGifts. You can order any time of the day or any day of the week. This also ensures that your order will be processed in the quickest possible timeframe reducing the time it takes to receive your goods. Shopping on this website is much like shopping at a traditional ‘bricks and mortar’ store: Browse through this website and make your product selection by clicking ‘Add To Cart’. By clicking ‘View Cart’ you can check / amend your order before checking out. Once you have finished shopping and adding items to your shopping cart, click ‘Checkout’ to commence our safe and secure ordering process. You will receive an e-mail seconds after placing your order confirming what you have ordered, total price and other details. Please review this e-mail and reply as soon as possible if there are any errors.B. Telephone To place orders over the telephone simply choose the product(s) you would like to purchase and call our Order Line on: 1300 LATEST to speak to a customer service representative (between 10am to 4pm Australia wide Monday to Friday, excluding public holidays). We will confirm your order by e-mail or phone once we have processed and received your payment. To order by fax simply download, complete and fax this Order Form to: 1300 30 48 70. Please ensure that your fax includes all required details on the Order Form and is sent with subject ‘ORDER’. We will send you an e-mail or call you to confirm your order once we have received payment. D. Post To order by post simply download, complete and post this Order Form to: HisGifts(Attn: Orders Department) PO Box 3009 BASSENDEAN DC WA 6942 Australia Please note that where you do not order online, nominating an e-mail address and password will allow you to log into the Your Account section of this website and check the status of your order(s). By registering in this way, you will also receive e-mail updates on the status of your order(s). For your security, please do not send credit card details by e-mail. The most secure and convenient method of credit card payment is via this website. Alternatively, please include your credit card details on our Order Form when ordering by fax or post or have your details ready for phone orders. Please note that most online and phone credit card orders are charged upfront, at the time the order is made (unless your order comprises pre-order or back-order items). We do this to validate the order and to substantially reduce our processing time. This ensures that as a customer, all you need to do is sit back and wait for your order to arrive. PayPal, the trusted leader in online payments, enables buyers and businesses to send and receive money online. PayPal has over 100 million member accounts in 103 countries and regions. It’s accepted by merchants everywhere, both on and off eBay. Please visit www.paypal.com.au for more information on the PayPal system. 3. BPay When paying by BPay, please use Biller Code: 43950 together with the numeric portion of your Order No. as the Customer Reference Number (eg. Order No. LR1215284 has Customer Reference Number 1215284). Please visit www.bpay.com.au for more information on the BPay system. Please note HisGifts will only dispatch goods upon receipt of cleared funds. This is normally 2 business days following a BPay, depending on the originating bank. Payment by credit card or PayPal is the quickest way of having your order on its way to you. All orders for which payment is not received within 10 business days will be cancelled. Placement of an order by you constitutes an offer to enter into an agreement with us. Upon the receipt of an order we will communicate to you (normally by e-mail), a confirmation that we have received the details of your offer. In the case of online orders we will also confirm the dispatch of your order, with consignment details for online tracking, where available. No contract will exist between you and HisGifts for the sale by it to you of any product unless and until HisGifts confirms acceptance of your order by e-mail or phone. In the case of e-mail communications, that acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time HisGifts sends the e-mail to you (whether or not you receive that e-mail). At all times we will contact you as soon as possible should a problem exist with your order. A customer service representative may also contact you from time to time for security reasons to confirm the authenticity of your order. Orders will be processed and dispatched, subject to product availability, based on the delivery service chosen. It is extremely important that order forms contain correct and complete information. Should you enter the wrong address, for example, we are not obliged to re-send the order to the correct address at our expense. Redirection to an address other than that contained within your original order will incur you additional charges. Accurate contact information, such as telephone numbers etc. allows us to contact you in the event of a problem with your order. Orders will not be dispatched until full payment has been received and HisGifts is satisfied with the integrity of the order. HisGifts is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. You can enquire about your order online through the Your Account section of this website, which will contain details of your order and its status. You are also welcome to use our Enquiry Form. Go to Top of Page CancellationWe reserve the right not to provide goods, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.If you wish to cancel a confirmed order, please contact us as soon as possible using our Enquiry Form. Our agreement with you only comes into existence once we have confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled (e.g. orders already dispatched) will be subject to our Terms and Conditions relating to Refunds. Accordingly, delivery charges may not be refundable. Go to Top of Page DeliveryHisGifts use an integrated network of reputable logistics companies who deliver to residential and business premises internationally. We offer a number of flat-rate delivery services Australia-wide and internationally, irrespective of the number of products you order.Please note:
It is the responsibility of the customer to inform HisGifts if an order does not arrive or if you believe the contents of your order are incorrect. Once we learn an order has not arrived by the due date, we will lodge an enquiry with our applicable logistics agent to ensure delivery occurs as soon as possible. We will always endeavour to work with our delivery partners to ensure prompt arrival of your products. Please allow up to the maximum estimated days for delivery. Also note that if an item has been lost in transit or if you have received an incorrect order, we may not dispatch correct or replacement items immediately. Items will be dispatched at our discretion. Should there be a problem with the delivery of your order, please contact us using our Enquiry Form. As a guide only, our carriers attempt to deliver between 9am and 5pm Monday to Friday. Unfortunately we are unable to give a guaranteed time of delivery. During checkout and under ‘Shipping Details’, we recommend that you provide your daytime address (e.g. business address) should there be any possibility of your usual contact address being unattended at the time of delivery. Where you have chosen our Standard, Standard Express, Super Express or Express Courier International (ECI) delivery service, recipients will be required to sign for delivery. By doing so, you agree that we have satisfied this condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the carrier’s discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us. In the event that a signature cannot be obtained on the first delivery attempt, the recipient will be left a card with details on how their parcel can be obtained. Please note that where applicable, re-deliveries after a second failed attempt will incur additional charges. If you do not select our Standard, Standard Express, Super Express or ECI delivery service, you agree that when our carrier is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the purchase agreement between you and us. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order. HisGifts rely on the delivery services of third party agents. We will not accept liability for any loss or damage arising from a late delivery nor will we accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place. Go to Top of Page Refund, Exchange and WarrantyTo enable you to shop with confidence HisGifts offer a 365 day ‘no quibbles’ money back guarantee on most items in our product range. If you’re not completely satisfied with your purchase, return it in its original packaging and condition within 365 days of receipt of your goods, and we will refund your money – less delivery charges (unless goods are dead on arrival, damaged, faulty or incorrectly dispatched and this is advised to us in accordance with these Terms and Conditions). Faulty goods may be able to be returned after the 365 day period, in accordance with an extended warranty provided by the manufacturer.To return goods to us, all we require you do is complete our Enquiry Form. Once we receive your completed Enquiry Form we will issue you with a Return Merchandise Authority (RMA) number and if we are responsible for return carriage under these Terms and Conditions, advise you the details of how best to return the product(s) to us. The RMA number must be written on your original invoice/receipt and return shipping label. Returns must be received by HisGifts within 14 days of the RMA number being issued. In most cases we will advise you to return products by post, in which case please use the following postal address:
Where you are responsible for return carriage under these Terms and Conditions, such as with a ‘change of mind’ purchase, please note that the risk of products in transit from you to us lies with you. Accordingly, you are free to choose any method of shipping available, including options such as registration, insurance and online tracking. However, please note that we are not able to process returns where we do not physically have possession of the product(s). In all instances, where possible, we recommend that you retain proof of shipping whenever returning items to us. If the product you are returning included a special offer, return of the additional item(s) will be at our sole discretion. Any return may also void a multiple purchase discount. For ‘change of mind’ purchases, goods can only be accepted for refund or exchange in unmarked, unused, 100% unworn, original condition and packaging, complete with all instruction booklets, warranty cards, accessories etc. Packaging seals (where applicable) must not be broken. HisGifts has sole discretion as to whether goods returned comply with these conditions. If you are unsure as to whether your ‘change of mind’ satisfies this criteria, please contact us using our Enquiry Form. We do not sell used items and returned products that do not comply with these conditions or cannot be associated with an RMA number may be returned to purchaser, further incurring you delivery charges. For ‘change of mind’ purchases you will incur the original delivery charge and the cost of returning the product(s) to us. At our option, we will either refund you the appropriate amount in the same manner that you paid us, provide you with a Gift Voucher of equivalent value, or exchange the product. Where a product is exchanged, differences between the purchase value of the new product (including applicable delivery charges) and your refund value will either require further payment or the issue of a Gift Voucher, as the case may be. We warrant that any product sold by HisGifts will be free from defects in materials and workmanship for a period of 365 days from your invoice/receipt date, or such longer period as may be offered by HisGifts in any particular case. If any defects in materials or workmanship in a product we have sold are identified and notified to us within this warranty period then we will, at our option, either repair or replace the product, or refund your money and take back the product. HisGifts does not accept any liability beyond this, and does not accept any liability for consequential loss. Our liability under this warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials, and was not caused by or substantially contributed to by other factors, or circumstances beyond our control, including (but not limited to) defective installation, maintenance or repair, accidental or malicious damage, alteration or modification of the product in a manner not recommended by the manufacturers or any neglect, misuse or excessive use. The HisGifts warranty does not extend to and we are not liable for, any damage to articles to which a product is attached or with which it is used, or for the consequences of a product being used for any purpose for which it has not been designed or for which its use is not recommended by the manufacturers. Please carefully inspect your goods when they arrive. If for some reason your product(s) arrive in a damaged state, are dead on arrival, or you believe they have been incorrectly dispatched, please contact us using our Enquiry Form within 48 hours of receipt of your goods. You will be required to complete our Enquiry Form and retain the original packaging for returning products to us. Where dead on arrival or warranty claims are not found to be valid, you will be charged a no-fault fee of AU $100, plus applicable delivery charges. HisGifts will endeavour to process all returned goods within 5 business days of receipt. Excluding ‘change of mind’ returns, but including all valid warranty claims, we will pay for the shipping cost associated with returning the product(s) to us. At our option, we will either refund you the appropriate amount in the same manner that you paid us, provide you with a Gift Voucher of equivalent value, or exchange the product (subject to product availability) free of delivery charges. You will still be liable for the delivery charge associated with your original order and where we are providing free return delivery it is at our sole discretion what delivery service is chosen. If you have paid for all or part of a return with a voucher, your refund will comprise an equivalent voucher, available for you to use the next time you place an order with HisGifts. If the voucher you used would have expired at the time of refund, the voucher will be deemed to have no cash value. If you are returning an item given to you as a gift, these terms and conditions relating to the refund, exchange and warranty of items purchased from HisGifts equally apply. We are happy to exchange faulty or defective products or alternatively, issue a Gift Voucher for the value of the gift item you are returning. However, if a refund is required, please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser. Please allow 2 weeks for refunds from the time we have received returned goods and 4 weeks for credit to appear on your bank statements. We cannot refund to a different credit card to the one used when the purchase was made. A customer service representative will endeavour to communicate (normally by e-mail) the successful processing of all refunds, exchanges and warranty claims. Please note that all warranty claims and returns must be accompanied by a valid invoice/receipt. There are also expressed or implied conditions, warranties, guarantees, rights and remedies under the Competition and Consumer Act and you may also have additional rights under a manufacturer’s warranty on certain products. Where you pursue a manufacturer claim after expiration of our 365 day warranty, it will be your responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card. HisGifts is not responsible for any item that is not returned in the manner set forth above. Please feel free to use our Enquiry Form or Contact Us with any additional questions you may have. Go to Top of Page Warranty Against DefectsOur goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Product/Products In this Warranty, Product/Products means a product which HisGifts:
Our Warranty In addition to any other guarantee or warranty implied by law, HisGifts warrants that Products will be free from manufacturing defects for a period of 12 months from the date of purchase (Warranty). Exceptions: This Warranty does not cover normal wear and tear, or any damage, failure or loss caused by improper use, assembly, maintenance or storage of Products. How to claim To make a claim under this Warranty, simply follow these steps:
Questions? If you have any questions about this Warranty, please contact us via the contact details below.
Go to Top of Page VouchersGift Vouchers and unused balances are valid for 12 months from the date of purchase, including those issued as part of a Return. Where applicable, Gift Vouchers will only be activated and issued upon full confirmation of payment. Sales and Discount Vouchers (promotional codes) are valid according to their issued expiry dates.All vouchers will be sent via e-mail to the address(es) indicated and can be redeemed via our website or by phone, fax or post (using our Order Form). To redeem your vouchers online please follow these simple steps:
You can check the status of the Gift Voucher(s) you have purchased through the Your Account section of this website or by contacting us with your Voucher Code(s). Go to Top of Page Availability of GoodsWith the exception of gift hampers and personalised products, most goods can be delivered internationally.Please note that all transactions are charged in Australian Dollars (AUD). Any display of prices in other currencies is approximate only. While the 10% Australian GST is not charged for exported goods, you will be responsible for any additional import fees, taxes, brokerage fees and handling fees levied by the recipient country. These additional fees are not collected or controlled by HisGifts. Also, you might be contacted by your local customs office regarding the payment of customs fees, or to receive final delivery of your order. Customs processing of your shipment might cause delays in the delivery of your parcel. To avoid disappointment, we suggest you become familiar with your country’s customs process and fee structure before ordering. HisGifts supports the responsible service of alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. To buy alcohol, the buyer must be at least 18 years of age, be located within Australia and specify a delivery address within Australia. By placing an order, the buyer confirms they are at least 18 years of age. If buying alcohol as a gift, the recipient must also be at least 18 years of age. Please note that Adobe Reader is required to view and print certain documents on our website. If you do not already have Adobe Reader installed, please download and install the necessary software by clicking here. Go to Top of Page |
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