Terms of Service
User terms
This website and associated applications, functionality and services are owned and operated by ‘Beloved Hampers’ and all affiliated trademarks are owned by Amy Tarca (A.B.N. 27872489972) (we, us and our).
By using this website, including ordering hampers, you agree to be bound by these terms, as amended from time to time. If you do not agree to these terms, do not use this website. The use of this website and these terms will be governed by and construed in accordance with the laws of Australia.
We may update these terms from time to time by posting a new version on our Website, and the terms (as varied) will be binding on you and us from the date they are posted on our Website.
Exclusion of implied warranties
The only conditions and warranties binding on us in respect of the state, quality or condition of any goods supplied by us to you are those imposed and required by law to be binding on us (including under the Competition and Consumer Act 2010 (Cth) and applicable state fair trading laws). All other conditions and warranties, whether express or implied by law, in respect of the goods which may apart from this clause be binding on us, are hereby expressly excluded and negated.
Limitation of liability
To the fullest extent permitted by law, our liability (if any) arising from a breach of any applicable terms, conditions or warranties is, at our option, limited to, and completely discharged by either the supply by us of equivalent goods, the repair or replacement by us of the goods supplied to you, or the refund by us of the price paid for those goods.
Except to the extent already set out in this clause, we have no liability (including liability for negligence or recklessness) to any person for any loss or damage (direct, consequential or otherwise) suffered or incurred by any person in relation to any goods supplied by us. Without limiting the generality of this limitation, we have no liability for any loss or damage resulting from any failure, defect or deficiency of any kind in any goods, and we are not liable for any loss of profit or special, indirect or consequential damages of any kind.
Any valid claim by you against us must be presented in writing to us within a reasonable time, and in no event longer than 60 days after the goods have been supplied. No action may be maintained by you against us unless a timely written claim has been given under this clause, and unless legal action is commenced within 6 months after the supply of the relevant goods.
Third party supplies – pass through terms
The terms set out in this clause have priority over any other terms.
From time to time we may provide you Goods (a Third Party Supply) from or on behalf of a third-party provider (the Principal). We may provide a Third Party Supply as principal or as agent.
We do not warrant the performance or integrity of any Third Party Supply. We merely pass through to you whatever end-user representations and warranties the Principal provides to or through us with the Third Party Supply.
We are not responsible for any acts or omissions of the Principal, for any obligations undertaken or representations that they may make, or for any other products or services they may supply to you, either directly or through us.
We have no control over the intellectual property in a Third Party Supply, and therefore do not take any responsibility for any liability arising as a result of the Third Party Supply. We do not indemnify you for claims by third parties that may arise as a result of a Third Party Supply infringing any intellectual property of any third party. We will pass through to you any indemnity or cover provided by the Principal in respect of the Third Party Supply.
Orders
We will only accept orders via this website where payment is made at the same time. By placing an order on this website, you are irrevocably offering to purchase the liquor listed in your order, warrant that you are 18 years of age or older, and warrant that any person on whose behalf you are purchasing the products are 18 years of age or older.
We may accept or reject your offer to purchase at our discretion. If we accept your offer to purchase, you will be bound to purchase the goods ordered, subject to the cancellation policy below.
Product information
We make every effort to ensure the accuracy of the information displayed on this website. However, as we rely on information provided by a number of third parties, we cannot guarantee the accuracy of all information, nor that this website is free from errors or faults.
Subject to obligations under the Australian Consumer Law, we make no representation or warranty that the information provided on this website is timely, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made on any information or material provided on this website, or for any incorrect or misleading information provided on this website.
Contents of products
Some of the hampers may contain nuts or other food items which cause allergic reactions in some people. Some of the products may also not be suitable for people with skin allergies or sensitivities. Senders and receivers of hampers should check the product list, product information and product packaging on this website and inside the hamper if there are concerns about the suitability of any of the products. Unless the product is manufacturer by us, we will not alter the original packaging of the products in its hampers.
Because our hampers contain unique products that may have limited lifespans or availability, we reserve the right to substitute products that are unavailable.
Alcohol
All alcoholic products offered for sale by Beloved Hampers are strictly not available to persons under the age of 18 years. Hampers containing alcohol can only be purchased by someone other than the ultimate receiver, and both the purchaser and the ultimate receiver need to be over 18 years of age.
Delivery
Delivery is only available in Australia.
We use the services of a delivery agent to deliver our hampers. Beloved Hampers will endeavour to ensure that delivery is carried out when requested. However, Beloved Hampers will not be responsible and will have no liability if delivery is not made within the time requested or represented on this website.
Any special instructions for delivery must be notified to us at the time the order is placed. Beloved Hampers will endeavour to comply with any delivery instructions, but will not be held responsible for its failure or inability to follow such instructions. Once we are notified by our carrier that the hamper has been delivered, Beloved Hampers takes no further responsibility for the hamper.
Sometimes a delivery may not be able to be completed due to circumstances outside of our control. In those instances, Beloved Hampers may elect not to deliver the hamper, and an additional delivery fee will be charged for re-delivery to the address or to a new address specified by the receiver or sender.
Pricing and GST
All prices advertised are listed in Australian dollars (AUD) and are inclusive of any applicable GST. We reserve the right to change our prices at any time. However, if you have already placed an order, then the price that applied at the time of placement will apply to that order.
Vouchers
Any vouchers issued by Beloved Hampers will be non-transferrable and subject to the terms printed on the voucher, including any applicable expiry date.
Cancellations and refunds
If you have any queries or concerns about a hamper you have ordered, sent or received, please call our customer service team on 0401 213 490
If you need to cancel your order, money will be refunded only if cancelled without 48 hours of purchase and at least 48 hours’ notice prior to the scheduled delivery date. All refunds will be credited back to the original credit or debit card on which the order was purchased. We are unable to cancel orders that are already prepared or are with our delivery agent for delivery.
Content and links
The copyright to all content on this website, except for material posted via embedded third-party websites and links to other websites, belongs to Beloved Hampers. You may use content on this website solely for your personal, domestic use.
This website may contain hyperlinks to other websites and services. These links are provided for information and convenience only, and Beloved Hampers takes no responsibility for the content and maintenance of, or privacy compliance by, any linked website or service. Beloved Hampers does not permit the linking of this website without Beloved Hampers’s prior consent.
Personal information
Beloved Hampers will collect personal information in order to provide services. Beloved Hampers will not provide personal information to any third parties except to the extent such disclosure is reasonably necessary to provide services or respond to an enquiry. Where personal information is disclosed to third parties, they will only be authorised to use personal information for the purpose it was supplied to them for. If those third parties are located overseas, then personal information may be transferred overseas. Beloved Hampers reserves the right to disclose any personal information as required by law or when disclosure is reasonably necessary to protect Beloved Hampers’s rights.
User name and password
You will be responsible for maintaining the confidentiality of your user name and password if you register on this website. You will be liable for any breach of privacy arising from unauthorised access to this website that is caused by or connected with your disclosure of your user name or password. Beloved Hampers will hold you responsible for all fees and charges incurred as a registered user arising from access to your account using your user name and password, irrespective of who has accessed your account.
Disclaimers and indemnity
While we take all due care in maintaining our Website, we do not provide any warranty, either express or implied, as to any usability or functionality of our Website.
We will not be responsible for any outages or downtimes that our Website may experience.
We do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to our Website or its use.
You should take all appropriate and adequate precautions to ensure that whatever is accessed through or downloaded from our Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded.
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 or inability to use our Website.
General operative terms
If any of these terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
Our rights and remedies under these terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
These terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia (as the context requires or permits), and each party must submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
We may terminate your right to access and use our Website at any time if you breach these terms.
Questions
Any questions about these terms, this website or Beloved Hampers’s hampers should be directed to Beloved Hampers using the following contact details:
Telephone: 0401 213 490
E-mail: belovedhampersa@gmail.com
Postal address: Beloved Hampers, 52 Western Branch Road, Lobethal, 5241