TERMS AND CONDITION
These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’), use of the www.hamperlust.com.au (‘the website’) and relationship with Hamper Lust Group Pty Ltd and its subsidiaries (Hamper Lust), also trading as the website(s) whose registered office is at Baker Street, Port Adelaide, South Australia 5015 ABN 56 643 604 595.
Please read them carefully as they affect your rights and liabilities under law.
By making a purchase from our website(s) or from Hamper Lust Group Pty Ltd by phone or email, or in writing you agree to be bound by the Terms at the time of the transaction.
We reserve the right to update these Terms from time to time and any changes will be shown on the website(s).
You warrant that the personal information which you provide at registration or subsequently is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
In relation to your personal data, we act as Data Controller and it is very important that the personal data that you give us is correct and kept up to date. If you give us personal data about someone else, it is for the purpose of delivering of the goods and service and so we may share your/their data with a third party to facilitate the delivery process of the goods ordered.
- Protecting Your Security
We take the risk of internet fraud seriously. There is a possibility we may contact you to make security checks and we ask for your co-operation. By accepting these Terms, you consent to such checks being made.
The website(s) may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website(s) and use. You agree not to upload or transmit through the website(s) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our website(s) or any other person accessing the website(s) using your personal information.
- Third Party Links
As a convenience to our customers, the website(s) may include links to other websites or material. Whilst these links are provided with the intention that they will be of benefit to our customers, we will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services on such external websites.
All orders are subject to acceptance and availability.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website(s). The conclusion of a contract between you and us will take place when a delivery attempt has been reported by our couriers to the address(s) you have specified and payment has been received.
You will assume the risk for the products once they have been delivered to the delivery address which you specified. We accept no liability if you provide an incorrect delivery address.
- Deliveries & Returns Policy
- We aim to deliver all gifts (all year round) within 5 working days of receipt of order, weather permitting.
- All prices quoted include “Standard delivery” and are made during working hours (between Monday and Friday, excluding Public Holidays). If the recipient is not at home when the driver attempts delivery, the driver is instructed to use their discretion to leave the parcel with a neighbour, or in a safe place. To ensure safe delivery please give some thought as to whether the recipient will be available for the delivery and consider the possibility of delivery to a work address.
- Delivery is not available to a Post Office (PO) Box.
- Orders will not be despatched until payment is received in full.
- We will not be liable for any re-delivery costs if incorrect address information is supplied. Re-delivery will incur a redelivery cost equal to 25% of the total hamper price and will need to be accepted and paid for prior to any redelivery.
- We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place to an incorrect address.
- In the event of non-delivery or damage caused by our error, we will make a replacement delivery as soon as possible after receiving advice of the problem or provide a full refund to the sender.
- Gift hampers including alcohol may only be purchased and delivered to persons who are over the age of 18 or 21 depending on the country’s statutory requirement.
- In some circumstances beyond our control, delivery may be delayed. We cannot be held responsible for these instances, for example in extreme weather events. We will, however, do all we can to investigate and resolve this on your behalf.
- Price and Payment
Payment may be made by Visa/MasterCard, American Express or PayPal and should be made with an order unless a credit account has previously been arranged. Payments for an agreed credit account are due 28 days from date of invoice or as specifically agreed and should be paid by bank transfer unless specifically agreed otherwise.
Any discounts agreed on an order will apply only to amounts paid in accordance with the agreed terms and interest will be charged on all overdue accounts at a rate of 1.5% per month.
Prices agreed for offline purchases are agreed on acceptance by Hamper Lust of a duly authorised purchase order.
Title to goods remains with Hamper Lust until all sums due are paid in full.
Our hamper range is reviewed regularly but in full in September each year. Purchases on the website(s) will be charged at the prices ruling at the date of the order and will always be charged in Australian Dollars (AUD) inclusive of applicable GST. We reserve the right to amend prices from time to time.
Orders with a delivery address outside Australia may be subject to opening and inspection by local customs authorities. In respect of such orders the recipient is deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered and be subject to import duties and taxes. In the event that our carriers report any such import duties we will agree with you the settlement of such duty.
You confirm that you are authorised to use the payment method you select. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not authorise payment to us, we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
- Eligibility to Purchase
To be eligible to purchase goods on the website(s) and lawfully enter into and form contracts with Hamper Lust under Austrlalian law you must:
If an individual, be 18 years of age or over; and
Register your real name, address, phone number, e-mail address and any other details requested.
By offering to purchase goods and services you authorise us to transmit information (including updated information), and to obtain information from third parties, including but not limited to, administrators of the payment method selected.
It is a criminal offence to purchase or attempt to purchase goods with a stolen credit card, or with stolen personal details, or with a false name. We will take appropriate action if we discover any person is attempting to fraudulently purchase goods from our website.
We reserve the right to withhold goods and terminate any account details with anybody whom we suspect of fraudulent practice and / or breach of these terms and conditions.
- Intellectual Property
The content of the website(s) is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website(s) shall remain with us or our licensors.
You may retrieve and display the content of the website(s) on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website(s).
- Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
Affects or limit your rights as a consumer under Australian Law; or
Will exclude or limit our liability for death or personal injury resulting from our negligence.
The website(s) are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether expressed or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website(s) and any information provided by you. You must bear the risk associated with the use of the internet.
We disclaim all liabilities in connection with the following:
- Incompatibility of the website(s) with any of your equipment, software or telecommunications links;
- Technical problems including errors or interruptions of the website(s);
- Unsuitability, unreliability or inaccuracy of the website(s); and
- Failure of the website(s) to meet your expectations.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of, or are related to the website(s).
If any part of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
- Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
- Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Australia and South Australia and any disputes will be decided only by the Australian courts.
- Food & Drink
To make the most of the goods content, we recommend that the food and drink items are consumed as soon as possible after delivery. Some items can be kept for many months, but some require immediate consumption & refrigeration, these include but are not limited to cheese, fruit, bread, meats & cakes. We cannot accept liability for spoiled products if the items in the order are not stored in the correct manner once delivered. It is the purchaser responsibilty to inform the receiver of the goods that their purchase contains perishable food or drink and that it must be opened and stored correctly immediately upon delivery.
Please note that that food items may contain allergens such as nuts, egg, milk & gluten and you should be aware that our hampers are stored and packaged in environments in which nuts may be present. Details of ingredients of item are as supplied by the manufacturer, are shown on manufacturers’ packaging and/or on our website(s) and are available on request.
Many of our gifts contain alcohol, therefore the minimum age to order from our site is 18 years of age. It is an offence to purchase or attempt to purchase alcohol if you are under thee age of 18.
We reserve the right to amend competition terms from time to time.
Competition rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise. By entering any competition entrants will be deemed to have read and understood the Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of Hamper Lust or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of the UK. All entrants are to be aged 18 or over.
All entries must be received by the closing date specified. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent. Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise. If for any reason an advertised competition prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner’s name will be selected in a random draw, after the closing date, from all correct answers received. The winner of a prize will be notified within 28 days after the winner has been ascertained. If the winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made, then we may dispose of the prize as we think fit without any liability to the winner for having done so. The names of the winners may be published on our website(s)and/or on any social media platform.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hamper Lust the right to use the name that you submit in connection with such content. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Clearwater.
The content and material is accurate;
Use of the content and material you supply does not breach any applicable Hampers.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
- Corporate Orders
Samples may be provided for potential large multiple corporate orders. These remain the ownership of Hamper Lust until an order has been placed or the account manager has acknowledged in writing that these samples can be kept without charge. Failure to return samples after 28 days will result in an invoice being produced at full retail value. Credit terms are available by application for large corporate orders. Our terms of payment are 50% of total invoice paid upfront. The remaining 50% will be invoiced once delivered and the customer will have 14 days from invoice date. Discounts are available for large volumes and as part of a promotion, please note failure to pay invoices where a discount has been applied within final 14 day day credit terms will result in the discount being withdrawn and reinvoiced at the full amount.
- Promotional Codes
We run a range of promotions during the year for which voucher codes may be issued. Only one voucher code can be redeemed against a single order. We are unable to retrospectively apply voucher codes to any orders.
Promotional vouchers and discount codes cannot be used in conjunction with any other offers or affiliate commission and cashback schemes.
Some products may be exempt from promotions and the use of promotional codes.
- Emails and Mailing List
By opting in to our email mailing list you expressly consent to receiving emails from Hamper Lust relating to our products and services. We do not share your information with any third parties (other than delivery services, if you replace an order), or use your email address for any other purpose. If you do not wish to be receive emails from Clearwater, please contact us or use the unsubscribe option and we will remove you from the mailing list.
- Hamper listings
While photography and descriptions are intended to be accurate, plates, glasses, boxes and other props shown in photographs may not be included in a hamper unless specifically listed in contents.
Hamper Lust reserves the right to substitute items of equal or greater value if, for any reason, those stated are unavailable at time of despatch.
- Gift Messages
Every gift ordered from Hamper Lust Group Pty Ltd either over the phone, by email or on our website(s) has the option to leave a personalised gift message. This is an open text box where you can leave a private message or create a video message to the recipient.
All photographs, copy, images, graphics contained within this website(s) are the wholly owned property of Hamper Lust. Any parties found to be using or copying any element of this website(s) without permission including our products or product descriptions will be deemed to be infringing our copyright.
We take complaints very seriously, in the first instance please submit your complaint in writing to firstname.lastname@example.org
We welcome your views about our website, terms and conditions, privacy and security policy.