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Terms & Conditions

These Terms and Conditions apply to the ordering, purchase and delivery of Products available for sale on the Ngiilay Gift Boxes ABN 60 907 830 318 (Ngiilay Gift Boxes, we, us, our) Online Shop, which can be found at www.ngiilaygiftboxes.com.au (Online Shop). The Online Shop is part of the Ngiilay Gift Boxes website (the Website) and there are additional terms and conditions that apply to general use of the Website and our Online Shop, which can be accessed at [Insert specific URL] (or any replacement web page from time to time) (Website Terms of Use). These Terms and Conditions should be read in conjunction with the Website Terms of Use.

By placing an Order through this Online Shop, you accept these Terms and Conditions and agree to abide by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must stop using the Online Shop. By placing an Order through this Online Shop, you warrant and represent to us that you are legally entitled to do so and are an adult over the age of 18.

We may modify these Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on our Website. Any modifications become effective when they are first published on our Website and only apply to use of the Online Shop and Orders made after these Terms and Conditions have been modified. If you have agreed to receive communications from us via email, we may notify you of modifications to the Terms and Conditions via the email address which you gave us to receive email communications from us. If these Terms and Conditions are amended, then your continued use of the Online Shop constitutes acceptance of the updated Terms and Conditions. We recommend that you regularly check these Terms and Conditions for any amendments.

If you do not understand these Terms and Conditions or if you have any questions, please visit the ‘Contact Us’ section of our Website, available at www.ngiilaygiftboxes.com.au/contact.

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

These Terms and Conditions, including any additional terms and the Website Terms of Use, form an agreement between you and us. These Terms and Conditions apply to use of our Ngiilay Gift Boxes Online Shop website and the ordering, purchase and delivery of our Products. In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain terms that affect you. However it is not a substitute for reading and understanding the Terms and Conditions. Please contact us if you have any questions.

Limitations of our liability

Ngiilay Gift Boxes liability to you and certain third parties is limited under the Terms and Conditions.  These limitations of liability generally apply where Loss or liability:

  • is caused by your use of the Online Shop or the Product(s);
  • is caused by Ngiilay Gift Boxes rejecting an Order;
  • is caused by any discontinuance or suspension of a Product;
  • is due to you providing us with an incorrect Delivery Address or because we are unable to change your Delivery Address;
  • is caused by circumstances outside our reasonable control;
  • is caused because of any delay in the delivery or change in delivery times of the Product(s); or
  • is due to any delay in processing a refund, return or exchange due to you.

We also limit our liability to the extent any Loss or liability is caused as a result of your act, omission or breach of these Terms and Conditions.

Under the Australian Consumer Law (and other similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).  The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.

To the extent permitted by law and subject to the Consumer Guarantees, Ngiilay Gift Boxes excludes from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this exclusion to be void).

Your liability and warranties

You will be liable for any charges incurred by us that are caused by your failure to state the Delivery Address correctly (for example, redelivery fees).

You represent and warrant to Ngiilay Gift Boxes that:

  • all information (including personal information) supplied by you to us is true, accurate, complete and up to date;
  • if you are providing the personal information of another person, you have obtained consent from that other person to do so;
  • you are above the age of eighteen (18) and have capacity to enter into a contract of purchase;
  • you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and
  • you are not acting in contravention or any law or regulations.

 

Personal information

We may disclose your personal information to our third party service providers to enable us to deliver the Products to you or another recipient, which may include third party service providers who are located overseas.

1. Definitions

Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

Business Day means any day other than a Saturday, Sunday, public holiday or bank holiday in Sydney (NSW).

Confirmation Email has the meaning given in clause 7.4.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Guarantees has the meaning given in clause 9.1.

Delivery Address has the meaning given in clause 8.2.

Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

Order means an offer made by you to purchase any Products available on the Online Shop.

Order Date has the meaning set out in clause 7.4.

Payment Partner means the third party payment platform or gateway used and authorised by us to facilitate or process payments made by you on the Online Shop.

Privacy Statement means our privacy policy, as amended from time to time and published on the Website accessible using the address www.ngiilaygiftboxes.com.au (or any replacement web page from time to time).

Product(s) means any and all goods and services advertised, sold, distributed and promoted by us on the Online Shop, whether sold in the form of a gift box or as sold separately.

2. Your Obligations

2.1 You agree to comply with and observe all applicable laws, regulations, codes of practice and directives including the laws of Australia in connection with your access to, and your use of, the Online Shop.
2.2 You acknowledge our Products are only available to be purchased for private, non-commercial use and agree not to re-sell or otherwise deal with the Products in breach of this clause 2.2.

3. Placing an Order for Products

3.1 You may order Products through the Online Shop either using your registered account with us, or as a guest.
3.2 You may order Products by selecting and submitting your Order through the Online Shop in accordance with the online order form provided on the Online Shop and these Terms and Conditions.
3.3 We reserve the right to accept or reject any Order made by you on any reasonable grounds. We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order. We will notify you if your Order has been rejected either on the Online Shop or by using the email address you provide to us.
3.4 At this time, we only accept Orders from Australian customers.

4. Product Information

4.1 All of the information set out on our Website (Information) is provided for general information purposes only.
4.2 We will always attempt to be as accurate as possible with our product descriptions. However, we offer no warranty about the suitability, completeness, reliability or timeliness of the Information. You are solely responsible for the consequences of your use of any Information or Products, including any decision to act or not to act on the basis of the Information.
4.3 Information relating to a specific Product may be precise or more general in nature, including in relation to a gift box which may contain a number of Products, some of which may be expressly listed in the Product Description and some which may not be expressly listed, or described at all. Due to the nature of purchasing a gift box which may not list each Product contained therein, you accept responsibility for your decision to purchase a gift box on the basis of the Information provided.

5. Availability of Products

5.1 Descriptions of Products advertised, provided and made available on the Online Shop are subject to change at any time without notice. While we will use reasonable endeavours to do so, and subject to clause 9, we do not guarantee that the information contained on our Online Shop is always accurate and up-to-date.
5.2 If any Product in your Order is out of stock or unavailable (including despite our Website displaying that it is in stock and available) and you complete your Order, we will use reasonable endeavours to contact you within three Business Days of us receiving the Order to arrange an exchange or refund. If we are unable to get in contact with you within seven Business Days of us receiving the Order, we will provide a refund to you for the Product via the payment method you originally used to pay for the Order.
5.3 We reserve the right to discontinue or suspend the sale of any Product on the Online Shop at any time, without notice to you. Subject to clause 10.9, we disclaim and exclude any liability resulting from the discontinuance or suspension of any Product.
5.4 We reserve our right to correct any errors to descriptions, pricing, and any other information related to a Product displayed on the Online Shop.

6. Price

6.1 All prices displayed on the Online Shop are quoted in Australian Dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.
6.2 Prices indicated on the Online Shop for each Product do not, unless otherwise expressly stated, include delivery charges.
6.3 Delivery charges are shown at the checkout.
6.4 All prices contained on the Online Shop are subject to change at our sole and absolute discretion without notice to you. However, you will only pay the price for the Products which are identified on the Online Shop at the time of your Order.
6.5 A tax deduction is not available in respect of any amount paid to purchase Products sold by us.

7. Payment

7.1 Payment may be made by credit card, debit card or Paypal.
7.2 We use Payment Partners to process payments made on the Online Shop.
7.3 Payment of the full price of an Order (including applicable GST, other taxes and delivery charges) must be received by our relevant Payment Partner before we can accept your Order. If payment cannot be processed, your Order will be rejected and you will be notified of this on the Online Shop or to the email address you provide.
7.4 After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the total amount paid by you (Confirmation Email). The date of this Confirmation Email will be deemed to be the date of the Order (Order Date). We make no guarantee, endorsement, representation or warranty, express or implied, that you will receive a Confirmation Email, a Request Confirmation or any other written communication from us.

8. Delivery

8.1 We deliver Product(s) ordered from the Online Shop to addresses within Australia.
8.2 The Product(s) included in your Order will be shipped to the delivery address specified in your order form (Delivery Address). If you do not state the Delivery Address correctly, you will be liable for any extra charges incurred by us (for example, redelivery fees).
8.3 We will aim to ship the Product(s) included in your Order within three Business Days of the Order Date. However, you acknowledge and agree that Product(s) may not be available for immediate delivery and we are unable to warrant that this timeframe will always be met. We will not be liable for any Loss suffered by you or any third party, directly or indirectly, as a result of any delay in the delivery or change in delivery times of the Product(s) due to factors beyond our control.
8.4 If we are unable to ship your Order for delivery to you within three Business Days of the Order Date, we will contact you using the email address you have provided to us.
8.5 We deliver Products using courier services and once we have shipped your order, we will send you the relevant tracking number. We do not ship Products using express post.
8.6 You may request changes to the Delivery Address by contacting us at info@ngiilaygiftboxes.com.au at least 24 hours before the scheduled shipping date specified in the Confirmation Email. However, you acknowledge that we may not be able to accommodate all change requests and we reserve the right to decide whether to allow the requested change to the Delivery Address.
8.7 If your Order has been shipped and we are unable to make a requested change to the Delivery Address, we will not be responsible for any Loss suffered by you as a result of the Product(s) being delivered to the original Delivery Address you provided to us.

9. Consumer Guarantees

9.1 Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
9.2 The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.

10. Order Cancellations, Refunds and Returns

10.1 To cancel your Order, please immediately contact us via email at info@ngiilaygiftboxes.com.au, An Order cannot be cancelled once Product(s) have been shipped.
10.2 Please choose your Product(s) carefully as we will not provide a refund or exchange because you have changed your mind.
10.3 If, however, the Product(s) you have ordered arrive damaged, faulty or otherwise in contravention of the Consumer Guarantees or other applicable law, you may:
(a) be able to rely on your rights as a Consumer under the Australian Consumer Law as set out in clause 9; or
(b) elect to have the Product(s) replaced by us, by contacting us under this clause 10.
10.4 We always do our best to package Products appropriately to avoid any damages, however if you do receive a Product that has been damaged in transit, you must contact us within as soon as reasonably possible at info@ngiilaygiftboxes.com.au. We will then require the Product to be returned via post in order for you to receive a replacement. Return postage costs for all damaged Products will be reimbursed. If a replacement Product is not available, we will issue a full refund.
10.5 In the event of a Product being damaged or required to be exchanged or refunded as set out in clause 9 comprises a portion of a gift box, we will only offer a replacement, refund or exchange in relation to that portion of the gift box. If a refund is requested, we will provide a refund on a pro rata basis relative to the overall cost of the Product.
10.6 Subject to clause 9 we will not accept Products for exchange or refund after 14 days of the Products being delivered.
10.7 Once you have received an email confirming a return or refund request (Request Confirmation), you must mail the Products back to the address specified in the Request Confirmation, or provide photographic evidence of the Products by email. You will only receive a refund, replacement or exchange once we have received the Products, or photographic evidence of the Products (if requested by us), and are satisfied, acting reasonably, that you are entitled to a refund, replacement or exchange.
10.8 If a Product is lost during shipment, we will ship a replacement (depending on the availability of the Product) 6 weeks after the date the Product was dispatched. For clarity, a Product will not be considered to be lost during shipment if there is a considerable delay in delivery but package tracking indicates that the Product has not in fact been lost.
10.9 We will contact you to provide a full refund in respect of your Order if payment has been processed but we are unable to provide or otherwise deliver your selected Product(s) for any reason.
10.10 We will not be liable to you for any Loss which you or any third party may suffer as a result of any delay beyond our reasonable control in processing any refund, return or exchange due to you under these Terms and Conditions.

11. Warranties

11.1 You represent and warrant to us that:
(a) all information supplied by you to us is true, accurate, complete and up to date;
(b) if you are providing the personal information of another person, you have obtain consent from that other person to do so;
(c) you are above the age of eighteen (18) and have capacity to enter into a contract of purchase;
(d) you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and
(e) you are not acting in contravention or any law or regulations.

12. Exclusion and limitation of liability

12.1 To the extent permitted by law and subject to clause 9, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
12.2 To the maximum extent permitted by law and subject to clause 9, we disclaim all liability (including any indirect, special, incidental or consequential damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use of the Online Shop or the Product(s).

13. Privacy

13.1 Unless restricted by applicable law, you agree that any and all personal information and other data relating to you collected by us from the Online Shop from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms and Conditions, our Privacy Statement and applicable legislation.
13.2 When you place an Order we will collect your personal information from you and the personal information of the recipient of an Order (if this is another person or entity other than you). If you do not provide all of the information we request or need, we may not be able to process your Order. We may disclose this personal information to our third party service providers to enable us to deliver the Products to you or another recipient. We may also disclose personal information to third party service providers who are located overseas.
13.3 Our Privacy Statement explains more about the types of personal information we usually collect and how we handle your personal information, as well as how you can request access to and correct the personal information we hold about you, how you can complain about our handling of your personal information and how we deal with complaints.
13.4 You represent and warrant to us that:
(a) the personal information you provide to us is complete and accurate.
(b) you have obtained the consent of all recipients of an Order:
(i) for their personal information to be used by us and our service providers to prepare and deliver Products to those recipients; and
(ii) to receiving Products and associated communications from us and our service providers.

14. Interpretation

14.1 To the extent there is any inconsistency between any of the terms in the following documents:
(a) these Terms and Conditions and
(b) the Website Terms of Use,
the terms in the document listed first from paragraphs (a) to (b) above will govern to the extent of the inconsistency.

15. General

15.1 Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and us.
15.2 Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.
15.3 No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.
15.4 Entire agreement – These Terms and Conditions, including the Website Terms of Use, the Privacy Statement and any other additional terms which may be applicable at different stages of usage of the Online Shop, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.
15.5 Force majeure – To the extent permitted by applicable law and subject to clause 9, we will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.
15.6 Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
15.7 Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Online Shop, an Order or Product(s), you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.