Privacy & Terms

We take your privacy and rights seriously at Hampers.com.au. Please find our comprehensive Privacy Policy and Terms & Conditions below.

Privacy Policy

This Privacy Policy applies to all personal information collected by Interflora Hampers Australia via the website located at https://hampers.com.au

(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.

(b) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: contact information, postal address’ and other relevant information.

Any information you submit to us on our website, is collected and stored. You can choose not to provide this information, however we cannot reasonably be expected to know any information you do not provide and certain information is required in order for us to provide a minimum level of service.

Non-personal information, in a form that does not permit direct association with any specific individual, is automatically collected during your interaction with our website and stored separately to and unlinked from any personal information that you may provide.

We may collect personal information from you whenever you input such information into the website.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

A cookie is a small piece of information that is stored by a web browser. The information can be stored for a few minutes or it can be stored for years and then expire.

When visiting our website we may create a cookie containing a unique customer reference number so that we can identify your browse path on our website. No personal information is contained in or linked to the cookie, however non-personal information from your visit may be collected by us for marketing purposes and is linked to the customer reference number.
For personal information collected during your visit we instead use a concept called session variables. Session variables are stored for short periods of time on our web server. They help us to remember the state of what is being ordered and by whom. They vanish when session ends.

(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

(c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

 

The personal information that you provide us is used in responding to your requests, fulfilling the delivery of any orders placed or services requested, and communicating with you to ensure that any products or services are properly provided.

Certain personal information that is requested by a third party to fulfill your requests is only given where it is required by law, or is reasonably assumed to be required for the completion of your request.

Personal information that you provide us is also used anonymously to help us develop, deliver, and improve our products, services, content, and advertising.

Non-personal information, in a form that does not permit direct association with any specific individual, is automatically collected during your interaction with our website and stored separately to and unlinked from any personal information that you may provide.

Non-personal information that you provide us is may be stored, used, transferred, and disclosed for any purpose. The following are some examples of non-personal information that we collect about visitors to the site.

  • Length of time spent on a page, and the path a user has navigated through the website.
  • The browser version, screen resolution, and other technical information about the device used to access the website.

We do not sell products for purchase by children. We do sell some children’s products for purchase by adults. If you are under 18, you may use this site only with the involvement of a parent or guardian.

We will not sell or rent any of your personally-identifiable information to third parties. We will not share any of your personally-identifiable information with third parties except in the limited circumstances described below, or with your express permission.

We do share information with companies that help us process the transactions you request. For example, we may give your details to a courier to deliver an order, or your order details to an giftbasket outlet to have a product sent from a closer location.

We also share information with companies that protect our customers’ transactions from fraud. For example, we may report your credit card number to a service that screens for lost and stolen card numbers.

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by the hampers.com.au team and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.

In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: [email protected].

Terms & Conditions

(a) Welcome to https://hampers.com.au/ (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

(b) The Website is operated by hampers.com.au Pty Ltd(ACN 655 234 487). Access to and use of the Website, or any of its associated Products or Services, is provided by hampers.com.au Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. 

(c) hampers.com.au Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When hampers.com.au Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records. 

hampers.com.au Pty Ltd supports the responsible service of alcohol.

When ordering gifts which contain alcohol, you confirm that you are at least 18 years of age. You also confirm that you are not ordering on behalf or to supply anyone under the age of 18 years.

It is an offense to supply alcohol to minors or purchase alcohol under the age of 18 years.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by hampers.com.au Pty Ltd in the user interface.

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Preferred username
Mailing address
Telephone number
Password
Other

(b) You warrant that any information you give to hampers.com.au Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services. 

(d) You may not use the Purchase Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with hampers.com.au Pty Ltd; or
(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through Stripe, Paypal, Afterpay, ApplePay, GooglePay, ZipPay, Backpocket (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant
legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by hampers.com.au Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and hampers.com.au Pty Ltd may record your purchase details for future use.

(d) hampers.com.au Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 100 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

hampers.com.au Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty
Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to hampers.com.au Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to hampers.com.au Pty Ltd at 596-600 Tarragindi Road, Salisbury, Queensland, 4107 or by email
at [email protected].

You acknowledge that the Purchase Services offered by hampers.com.au Pty Ltd integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).

In providing the Purchase Services, hampers.com.au Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that hampers.com.au Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, hampers.com.au Pty Ltd asks that you:
contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

Regrettably, we are unable to guarantee times of delivery.

Unable to guarantee delivery day when update/or change of address occurs may take additional 1-2days.

Some Hospitals do not allow deliveries directly to the room or ward by the couriers and rely on volunteers to deliver the goods to the patients. We cannot take responsibility for delivery if there are delays getting it to the patient but happy to contact the hospital on your behalf. As soon at it is delivered to the front desk, volunteer station of receiving area (depending on hospital procedure), our system will flag this as delivered but it may mean that it still needs to be delivered to the patient internally via hospital staff and volunteers.

Deliveries on items requiring multiple days for delivery may be delivered earlier than anticipated due to 3rd party courier schedules.

Demand upon our resources during holiday periods is very high and we are unable to offer timed deliveries of any kind during certain periods.

Holiday Delivery requests are all accepted and delivered, but must be ordered by a certain date/time to guarantee delivery for the requested day. If orders are placed before the cut off date/time, orders will be delivered as requested.

Please note that for photographic purposes some gifts baskets may have been featured with additional props, e.g. wine glasses to display wine
Please refer to the list of contents on the product page to review full gift basket contents.

Even though the utmost care is taken to make sure that what you order at giftbasket.com.au If specific product components become temporarily unavailable, other components of greater or equal value may be substituted to facilitate delivery of your order on time. In the case where a specific product is unavailable within the given time frame of delivery, substitutions may be made for products of the same or greater value. Different products may be used if the overall effect of the hamper is maintained. In the event that the substitution constitutes a major departure from the content or style of the advertised product, we will make every effort to reach you by phone and email to seek your approval before proceeding. All substitutions will be made with appropriate products to the same value or greater than the original order.

If you choose to cancel or alter your order once it has been placed we are more than happy to offer a full refund back to your credit card (less a $15.00 administration charge). We are unable to offer a refund on the day of dispatch as the gifts will already be on the way. Any order that has been placed/dispatched and is in transit for delivery and is cancelled, will still be charged the delivery fee.

(a) The Website, the Purchase Services and all of the related products of hampers.com.au Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by hampers.com.au Pty Ltd or its contributors.

(b) hampers.com.au Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of hampers.com.au Pty Ltd; or
(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of hampers.com.au Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 

hampers.com.au Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to hampers.com.au Pty Ltd’s Privacy Policy, which is available on the Website.

(a) You acknowledge that hampers.com.au Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) hampers.com.au Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) hampers.com.au Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

(e) Use of the Website, the Purchase Services, and any of the products of hampers.com.au Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of hampers.com.au Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of hampers.com.au Pty Ltdincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of hampers.com.au Pty Ltd) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following: 

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

(a) hampers.com.au Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of hampers.com.au Pty Ltd is the resupply of information or Purchase Services to you. 

(b) You expressly understand and agree that hampers.com.au Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

(c) hampers.com.au Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of hampers.com.au Pty Ltd, by third parties or by any of the Purchase Services offered by hampers.com.au Pty Ltd.

(d) You acknowledge that hampers.com.au Pty Ltd does not provide the Delivery Services to you and you agree that hampers.com.au Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services

(a) You agree to indemnify hampers.com.au Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.

(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iii) The mediation will be held in Brisbane, Australia.

(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:
If 100 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

The Purchase Services offered by hampers.com.au Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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