Terms and Conditions
The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions ( the "Sales Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Sales Terms and Conditions at any time.
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Prices, Shipping and Handling Charges
All prices include charges for shipping and handling on checkout. This price is dependent on Local (Australian Market) and International Markets and is based on both weight and cubic metres.
Although availability may be indicated on the Site, we cannot guarantee product availability and products. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered.
Compliance With Laws
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the Customer Service section of this Site) is incorporated herein by reference and made part of these Terms and Conditions.
Termination of Usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Disclaimer and Limitation of Liability as to Products Sold
Any product offered by us is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by us on an "AS-IS" basis without warranty by us. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited warranty statement may be included with each product shipped to you. gifts2remember will be obligated to honor any such warranty only upon our receipt of payment in full for the product to be warranted.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of gifts2remember or their content suppliers and is protected by Australia and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of gifts2remember, in the Australia and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of gifts2remember, or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree that any legal action brought against gifts2remember shall be governed by the laws of Australia without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate court.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of Australia. The products offered here are solely for the use of our customers.
We guarantee our products are of the highest quality, we guarantee to put a smile on your recipient's face and that your gift baskets and hampers will be delivered on time every time.