Terms and Conditions

Terms & Conditions

1.1            Definitions

Account Holder means a wholesale or bulk Buyer who may have an agreed credit terms account with The Gift Section.

Buyer or You means the purchaser of the Goods and/or the User where the context requires.

The Gift Section means The Gift Section Pty Ltd (ACN 671 375 303), being the seller of the Goods.

Goods means the various products sold by The Gift Section to the Buyer. Including, but not limited to, gifts, hampers, boxes, and any other item available from time to time, via their Website.

Intellectual Property means all intellectual property rights owned by The Gift Section or licenced exclusively to The Gift Section including but not limited to all “The Gift Section” branding, trademarks, service marks, logos, trade names, domain names and URLs, product designs, product packaging designs, product catalogues and imagery, discoveries, inventions, present and future patent and patent applications, rights to inventions, copyright and related rights, rights in good will or to sue for passing off, rights in designs, rights in processes, recipes, ingredient combinations, flavours, registered designs, database rights, rights in confidential information (including know-how and trade secrets), any technical materials and user manuals associated with the use or supply of the Goods and any other intellectual property rights. These rights may be registered or unregistered.

Invoice means a tax invoice issued by The Gift Section to the Buyer specifying the price for the Goods ordered by the Buyer and payable by the Buyer to The Gift Section for the Goods.

Order means a confirmed order for purchase of the Goods by the Buyer from The Gift Section.

Personalised Goods means any item, or items, which have been personalised by the Buyer in their Order.

Terms means the terms and conditions set out in this document.

User means a viewer or user of the Website, whether for purchases, research, recreation or other personal or commercial use.

Website means The Gift Section website at the following domain: https://thegiftsection.com.au/

1.2            Interpretation

(a)             A singular word includes the plural, and vice versa.

(b)             If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

(c)             The parties agree that time is of the essence in the performance of their duties.

(d)             Any stipulation or act having legal effect which binds or benefits two or more persons under this contract binds or benefits those persons jointly and severally.

(e)             A reference to any legislation includes:

(i)              any replacement or amending legislation; and

(ii)             any regulations, by-laws or other instrument issued under it.

(f)              A reference to a period of time means:

(i)              in the case of a day, the period of time commencing at midnight and ending 24 hours later;

(ii)             in the case of a month, a calendar month; and

(iii)           that period of time is calculated exclusive of the day on which any event occurs or on which the thing relates to.

(g)             Where the performance by any party of any duty expressed in or implied into this contract requires the cooperation of the other party, that party must cooperate with the first party to assist the first party to perform that duty.

(h)             The headings and notes in this contract do not control the meaning of the stipulations to which they relate.

(i)              Nothing in these Terms exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

(a)             The Goods and all other products sold by The Gift Section are sold pursuant to these Terms. These Terms (or any part of them) can only be waived in writing signed by The Gift Section and the Buyer.

(b)             The Buyer is deemed to have agreed to these Terms if the Buyer:

(i)              submits an Order for Goods (whether via the Website or otherwise);

(ii)             accepts a quotation for the supply of Goods from The Gift Section verbally or in writing; or

(iii)           otherwise provides instructions to The Gift Section in relation to the supply of Goods.

(c)             If The Gift Section accepts an Order for Goods from the Buyer, the parties will have created a binding contract and The Gift Section will supply the Goods to the Buyer, and the Buyer will pay the purchase price to The Gift Section as specified in any quotation and/or Invoice in accordance with these Terms.

(d)             By making use of the Website, Users are deemed to have accepted all of the Terms herein which are relevant to use of the Website.

(a)             For all Orders via the Website:

(i)              The Gift Section requires payment in full for the Goods prior to shipping; and

(ii)             payment will only be accepted electronically, using the payment methods available on the Website.

(b)             You understand that personal information (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

(c)             The Buyer agrees to provide current, complete and accurate purchase and account information for all Orders submitted to The Gift Section. You agree to promptly update account and other information which may have changed, including email address, telephone number and credit card numbers/expiration dates, so that The Gift Section can process Orders effectively and contact You in relation to your Order, if required.

(d)             The Gift Section reserves the right to limit or prohibit orders that, in The Gift Section’s sole judgment, appear to be placed by dealers, resellers or distributors. Wholesale or retail resellers are encouraged to contact The Gift Section directly in order to become an Account Holder.

(e)             For Account Holders, payment in full is required in full as indicated by the due date nominated on the Invoice unless otherwise agreed in writing.

(f)              If an Account Holder fails to make payment of any amount on the due date for payment, the Account Holder Buyer must pay to The Gift Section:

(i)              interest on the full amount outstanding at the rate equal to 4% higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received; and

(ii)             any reasonable administration costs incurred by The Gift Section associated with or incidental to the failure to make payment including but not limited to one-off charges of $25 for the issuing of financial statements, payment reminders and debtor telephone calls.

(g)             If notice of outstanding amounts has been given to the Account Holder Buyer and, notwithstanding the notice, the Buyer fails to pay any amount due to The Gift Section, The Gift Section will be at liberty to suspend the supply of Goods until such time as outstanding amounts have been paid in full.

(h)             The Buyer must reimburse The Gift Section for the full amount of any bank or other fees associated with any dishonoured payments or cheques and hereby indemnifies The Gift Section against any legal, debt recovery or other expense associated with any action by The Gift Section to recover money from the Buyer.

(i)              The Buyer may not withhold, make deductions from, or set-off payment of any monies due to The Gift Section for any reason.

(a)             Buyers are restricted to one designated Website account each. It is prohibited to set up multiple accounts for the one Buyer.

(b)             Prices for Goods on the Website can be impacted by a range of factors such as availability, labour costs, and other production related factors. Prices displayed on the Website are subject to change without notice.

(c)             The Buyer expressly agrees and acknowledges that prices quoted for the Goods on the Website do not include costs of despatch, transport, and delivery of the Goods which will be added at checkout (prior to payment) and be at the expense of the Buyer.

(d)             The Gift Section makes reasonable efforts to display as accurately as possible the colours and images of Goods that appear on the Website, however, cannot guarantee that computer monitor's display of any colour or shapes of Goods will be render an accurate representation.

(e)             The Gift Section reserves the right to:

(i)              limit the sale of our Goods;

(ii)             prevent the sales of our Goods; or

(iii)           cancel an Order for any Goods

to any person, geographic region or jurisdiction where it determines (in its absolute discretion) that it is not legal, reasonably practical, economically viable or sufficiently safe to process the Order as requested by the Buyer. The Gift Section also reserves the right to discontinue any Goods at any time.

(f)              When purchasing Goods that include alcoholic products, the Buyer confirms that they, and each Recipient of any gift, is over the age of 18.

(g)             Whilst The Gift Section makes reasonable efforts to ensure the information contained on the Website is accurate and current, it cannot accept responsibility if information displayed on the Website is not accurate, complete or current.

(h)             Any nutrition related material or data displayed on the Website is provided for general information only and should not be relied upon or used as the sole basis for making health related decisions. You are encouraged to always consulting primary, more accurate, more complete or more timely sources of information and, where reasonable, seek the professional opinion of a medical practitioner or dietician. Any reliance on nutrition related information on the Website is at the Buyer’s own risk.

(i)              Any offer for Goods made on the Website is strictly subject to availability which cannot be reasonably assessed until after the Order is processed. Where Goods are not available, a refund, credit or substitution of Goods will be offered to the Buyer.

(j)              The Gift Section may, through its offering of Goods and through its Website, provide You with access to third-party goods over which The Gift Section neither verifies nor has any control nor input. You acknowledge and agree that we provide access to such third-party goods “as is” and “as available” to enhance your purchase without any warranties, representations, or conditions of any kind and without any endorsement. The Gift Section shall have no liability whatsoever arising from or relating to the Buyer’s use of optional third-party goods. Any use by You of third-party goods offered through the Website is entirely at the Buyer’s own risk and discretion and You should ensure that you are familiar with and approve the terms of the relevant third-party goods.

(k)             Third-party links on the Website may direct You to third-party events or websites that are not affiliated with us. The Gift Section shall not be responsible for examining or evaluating the content or accuracy of third-party sites and does not warrant and will not have any liability or responsibility for any third-party events, materials or websites, or for any other materials, or products of third-parties, even if The Gift Section are involved in the promotion of said third-party events or websites. Please review carefully the third-party's policies on such third-party websites make sure You understand them before You engage in any transaction with a third-party. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.

(l)              The User warrants that it will not rely upon the content provided to it by another User (whether or not appearing on the Website) in making any purchase decision relating to the Goods.

The cost of any Account Holder special packing and packing materials used in relation to the Goods which are specifically requested by the Buyer shall be at the Buyer's expense, even if that cost has been omitted from any estimate or quotation issued by The Gift Section.

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect of short delivery has not been lodged with The Gift Section in writing within 3 days from the date of receipt of Goods by the Buyer.

(a)             For Buyers of Goods on the Website:

(i)              It is the Buyer’s obligation to enter the correct delivery address details at the time of ordering. If You enter the wrong address, The Gift Section shall not be liable to re-send the Order or bear any expense associated with the error.

(ii)             If You are not at the delivery address at the time of delivery, The Gift Section’s designated courier may leave the Order at the front door or in an area specified by You in the ‘special delivery instructions’ when placing the Order. The Gift Section recommends that care be taken by the Buyer in nominating appropriate drop areas as The Gift Section will not be liable for any damage to the Goods if left outside for extended periods of time or if the Goods are damaged or stolen after delivery has occurred.

(iii)           If You request Goods to be delivered to a secured apartment complex, please ensure You are home to receive the Order. If no one is available to collect the Order, we reserve the right to drop the Order at an appropriate position at the premises, return the Order to our premises, or return to the designated courier warehouse, at the entire discretion of the designated courier.

(b)             The Gift Section will provide the Buyer with an estimated date of delivery at the time of the Order and will make every reasonable effort to deliver by this date. However, sometimes unforeseen circumstances occur which cause delays. The Buyer thus acknowledges that the stated delivery times are estimates only and The Gift Section will not be liable for any loss, damage, expense or delay occasioned to the Buyer arising from late or non-delivery of the Goods at the estimated time.

(c)             It is the responsibility of the Buyer to inform The Gift Section by calling us on (03) 9988 0692 and/or [email protected] if an Order does not arrive. Once The Gift Section learns an Order has not arrived on the due date, it will make necessary enquiries and, in circumstances where the Order has not been delivered for some reason, will ensure delivery occurs as soon as possible.

(d)             Sometimes delivery by instalments may be necessary, for example, where Orders are too large to be delivered together, custom orders are still being processed, or stocks of an ordered item are unavailable at the time of the Order. The Gift Section may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement on the Order to the effect that the Buyer will not take delivery by instalments.

(e)             If The Gift Section delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:

(i)              this does not constitute a repudiation of the contract of sale formed by these Terms; and

(ii)             the defective instalment is a severable breach that may give rise only to a claim for replacement of that instalment.

(a)             The Gift Section have a wide variety of Goods to choose from so please take care when ordering Goods. The Gift Section recommends that the Buyer choose carefully prior to placing Orders including by checking ingredients for potential allergens, portion sizes, whether Goods form part of fixed pack of multiple Goods and that the Goods are fit for their intended purpose.

(b)             After placing an Order please review the Goods ordered carefully and contact us immediately if You believe a mistake has been made.

(c)             The Gift Section are not able to offer refunds if You simply change your mind, but we may be able to correct any errors in the Order process prior to shipment.

(d)             Personalised Goods on the Website are made to order. They may take longer than our ordinary Goods to be made and delivered. Due to the custom nature, these items are not returnable to the extent this is enforceable by law.

(e)             If the Goods You receive are different from what You Ordered, are damaged, or are otherwise not as expected, please contact us immediately at: [email protected]  Due to food safety issues and strict standards relating to food storage during transport, The Gift Section cannot accept the physical re-shipment of Goods containing food products by You to The Gift Section (regardless of their packaging condition). However, The Gift Section may (at its discretion) nominate a designated courier to retrieve Goods which You seek to return.

(f)              All requests for returns must be accompanied by a copy of The Gift Section invoice or proof of purchase.

(g)             The Gift Section reserves the right to use their nominated courier for returned Goods at the expense of the Buyer and any refunds granted will be made in the same mode as original payment for the Goods was received unless otherwise determined by The Gift Section.

The Gift Section’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law supply of Goods are limited to any one or more of:

(i)              the replacement of the Goods or the supply of equivalent goods;

(ii)             the repair of the Goods;

(iii)           the payment of the cost of replacing the Goods or of acquiring equivalent goods; and

(iv)           the payment of the cost of having the Goods repaired.

The Buyer acknowledges and agrees that:

(a)             all depictions, drawings, photos, product imagery provided by The Gift Section are approximate only and any deviation from any of these things does not vitiate any contract with The Gift Section or form grounds for any claim against The Gift Section;

(b)             the photos and illustrations contained in catalogues, price lists, the Website and other advertising matter are not intended to form part of the contract of sale of the Goods or of the description applied to the Goods; and

(c)             the Buyer acknowledges they have IP rights to any artwork provided to The Gift Section for orders of Personalised Goods.

(a)             The Buyer warrants that they will only use the Goods for their intended purpose in accordance with any guidance or recommendations appearing on the Goods.

(b)             The Gift Section will not be liable for any damage, loss, cost or expense suffered by the Buyer in circumstances where the Buyer has:

(i)              failed to use or consume the Goods in accordance with The Gift Section’s instructions and generally prudent or reasonable food handling or storage practice; or

(ii)             used the Goods for a purpose or in a way for which they were not designed, sufficiently rated or expressly recommended.

(c)             The Gift Section will not be liable to the Buyer or any other person for any lability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any consequential loss or any other remote abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties, in relation to the Goods.

(d)             Buyers may also place Custom Orders which may contain artwork provided by the Buyer or Account Holder. In these circumstances, the Buyer or Account Holder is solely responsible for any errors, spelling mistakes, IP permissions and licensing, and colouration of said artwork.

(e)             The Buyer agrees to indemnify and keep indemnified The Gift Section against any loss, liability, actions, claims, demands, damages, costs and expenses incurred or suffered by The Gift Section in connection with or arising in any way out of a breach by the Buyer of the provisions of these Terms.

(a)             Prior to title in the Goods passing to the Buyer under these Terms, the Buyer agrees that:

(i)              the Buyer has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation The Gift Section owes to the Buyer;

(ii)             the Buyer cannot claim any lien over the Goods; and

(iii)           the Buyer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by The Gift Section.

(b)             The Gift Section and the Buyer agree that:

(i)              the property of The Gift Section in the Goods remains with The Gift Section until The Gift Section has been paid in full for the Goods under all individual contracts for the supply of the Goods between The Gift Section and the Buyer; and

(ii)             the Buyer is a bailee of the Goods until such time as property in them passes to the Buyer and that this bailment continues in relation to each of the Goods until the price of the Goods has been paid in full.

(c)             Account Holders may from time-to-time order larger quantities of Goods which may extend the expected delivery time.

(d)             If the Buyer supplies any of the Goods to any person before all moneys payable by the Buyer have been paid to The Gift Section, the Buyer agrees that:

(i)              it holds the proceeds of resupply of the Goods on trust, and as agent, for The Gift Section immediately when they are receivable or are received;

(ii)             it must either pay the amount of the proceeds of re-supply to The Gift Section immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for The Gift Section; and

(iii)           if the Buyer fails to pay for the Goods within the period of credit (if any) extended by The Gift Section to the Buyer, subject to, and in accordance with, the Personal Property Securities Act (Cth) 2009 (PPSA), The Gift Section may recover possession of the Goods at any site owned, possessed or controlled by the Buyer and the Buyer agrees that The Gift Section has an irrevocable licence to do so.

(e)             For the purposes of the PPSA, this contract is a security agreement.

(f)              The interest of The Gift Section in the Goods and all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.

(g)             The Buyer consents to The Gift Section registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by The Gift Section to facilitate registration.

(h)             Until title in the Goods has passed to the Buyer as contemplated by this clause 12 of these Terms, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create, a security interest over, the Goods in favour of the Buyer or any third party, The parties agree that this clause will not prohibit the Buyer from selling the Goods in the ordinary course of business..

(i)              The Buyer waives its rights to receive any notice under PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.

(a)             The Buyer acknowledges and agrees that:

(i)              the Intellectual Property is the sole property of The Gift Section or The Gift Section has the exclusive right to exploit the Intellectual Property; and

(ii)             these Terms do not confer on the Buyer any property right or title to any of the Intellectual Property.

(b)             The Buyer agrees that it will not:

(i)              publish, disseminate, or release any material (whether in print or electronic form) that contains any of the Intellectual Property; and/or

(ii)             utilise, display or portray any of the Intellectual Property (including logos and branding),

without The Gift Section’s approval in writing which can be withheld by The Gift Section in its absolute discretion.

(c)             Account Holder Buyers agree to comply with any reasonable request by The Gift Section for the return of any item containing the Intellectual Property (whether in physical or digital form) held by the Buyer.

(d)             The Buyer hereby agrees, both during and beyond the duration of these Terms, not to challenge or attempt to procure for itself or third parties’ ownership or registrations of any of the Intellectual Property.

(e)             In circumstances where the Buyer is a reseller of Goods, it will comply with the reasonable directions of The Gift Section regarding the display and promotion of the Goods and not do any act or thing which will diminish the goodwill or reputation of The Gift Section or the perceived quality of the Goods.

(a)             Either party may terminate these Terms if the other party is in material breach of any of its obligations under these Terms and, if the breach is capable of remedy, fails to remedy the breach for a period of 10 days after receipt of a written notice by the other party requiring rectification of the breach.

(b)             Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of these Terms. Notwithstanding any termination, nothing shall prejudice the rights of The Gift Section to recover payment in full (plus applicable interest) for Goods delivered to the Buyer but not yet paid for.

(c)             This agreement will automatically terminate if a party enters into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction).

(d)             The obligations of the parties that by their nature could reasonably be construed as being intended to continue to apply beyond the termination of these Terms will continue to apply.

(a)             If any dispute arises between the parties in connection with this contract (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

(i)              includes or is accompanied by full and detailed particulars of the Dispute; and

(ii)             is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

(b)             Within 10 Business Days after a Dispute Notice is given, a representative from each of the parties with the authority to resolve the dispute, must meet (either in person, via electronic means or otherwise) and seek to resolve the Dispute.

(c)             Subject to clause 15(d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.

(d)             Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

(e)             Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this contract and any related agreements.

(a)             The Gift Section takes seriously the parties’ obligations to safeguard personal information. A copy of The Gift Section’s Privacy Policy can be reviewed on our website.

(b)             It is a condition of these Terms that the Buyer:

(i)              review and accept The Gift Section’s Privacy Policy; and

(ii)             take all reasonable steps to comply with the Privacy Act 1988 (Cth) in its interactions with The Gift Section.

The Gift Section maintains certain policies in abridged form on its Website for the convenience of Website visitors. For example:

·                Refund Policy

·                Shipping Policy

The above polices are not intended to substitute these Terms and, in circumstances of any inconsistency, these Terms shall prevail.

A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of terms continue in force. The failure of The Gift Section to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect The Gift Section’s right to subsequently enforce that provision.

The Gift Section may change these Terms from time to time via updates to the Terms published on its Website. The Gift Section encourages the Buyer to review the Terms on each occasion on which it places an Order.

The Gift Section will not be liable to the Buyer for any failure to perform, or delay in performing The Gift Section’s obligations under this contract if the failure or delay is due to an act of war, revolution or terrorism, pandemic, an act of God, or any other event beyond the control of The Gift Section. If such a failure or delay continues for a period of 30 days The Gift Section may terminate this contract by giving written notice to the Buyer.

These Terms contains the whole agreement between the parties in respect of the subject matter of the agreement. The parties confirm that they have not entered into these Terms on the basis of any representation that is not expressly incorporated into this contract.

This contract shall be governed by and construed in accordance with the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria, Australia.