(a.k.a The Serious Boring Things)
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise. We endeavour to ensure that our price list is current.
Product Descriptions & Replaced Items
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. From time to time a particular item may be sold out in a gift box and we will in that instance source and provide an alternative item of similar description and value.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We supply and despatch our products to customers within Australia only.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- We are an Australian business and all prices are in Australian Dollars (AUD), inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- The quoted shipping charge is for delivery to the front door or base of the building at the delivery address, or the first contact point of the delivery address from the access road, with such location to be at the sole discretion of the delivery driver. We do not carry products into lifts, up stairwells, through corridors or any other thoroughfare to get to individual rooms, suites or apartments unless stated otherwise.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- For all Standard Delivery orders, all risk of loss or damage to the goods passes to you when we dispatch the goods.
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Return/Refund Policy/ Item is Damaged
At hamperly, we take exceptional pride in delivering an amazing service and beautiful gifts that you and your recipient will fall in love with. If your item is faulty, or does not arrive in the condition that it left our warehouse in please contact us within 7 business days at firstname.lastname@example.org with details of the damage with a photo attached, to discuss how we can rectify the issue i.e with a replacement of the item damaged. In the event that the sender has provided hamperly with an incorrect address, we are unable to provide refunds after the item has left our warehouse.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy & Membership
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- When you sign up as a member at hamperly you agree for us to send you marketing material on an intermittent basis.
- Any liquor featured in our bundles is designed to be delivered as a gift and is packaged together with other homewares or gifts. The bundle is packaged and presented in such a manner with a gift card and wrapping that it is taken to be a gift. For all gifts with liquor included, YOU MUST ENSURE that the recipient is not a person who is less than 18 years old AND THAT not more than 1.5 litres of liquor is supplied to any recipient in any one day. If you fail to do so, the exemption which we enjoy from the provisions of the Liquor Control Reform Act 1998 may be prejudiced and we might be obliged to hold you responsible for penalties imposed on us or losses incurred by us. Liquor is not able to be purchased on its own.