Terms & Conditions

1. Primary


These terms and conditions, as well as our privacy policy terms, constitute an agreement between Gift Tree (Gift Tree, we, our, us) and you, the user, governing your access and use of the Gift Tree website accessed through the www.gifttree.com.au and any of our related domain names (our website). By accessing or using our website or registering with us, you acknowledge that you have read, understood and are deemed to have accepted, without limitation, and agree to abide by these Terms. You, the user, agree that your use of our website is at your sole risk and you agree that you will be personally responsible for your use of our website and for all your communication and activities on our website. Gift Tree abides by the laws of Australia, including but not limited to the Consumer Guarantees Act 1993, Privacy Act 1993, and Fair Trading Act 1986. We reserve the right to vary and amend our Terms from time to time, at our sole discretion, without prior written notice to you. By placing an order on this website you are deemed to accept our current Terms.

2. Purchasing on our Website

The purchase and delivery of our products is strictly limited to eligible parties residing in Australia only, who can lawfully enter into contracts on the internet in accordance with the laws of Australia. Additionally, when purchasing our products, you will be required to provide payment details and you represent and warrant to us that the payment details you provide on ordering are both valid and correct and that you are the person referred to in relation to the information provided or you have authority to make the payment on behalf of the person whose details you have provided. Overseas customers who are purchasing our products for delivery to an Australian address must acknowledge that the final price will be calculated in AUD (Australian Dollars) and at the applicable exchange rate on the day your payment is processed. Whether you meet our eligibility terms is at Gift Tree’s sole discretion.

3. When orders are placed with Gift Tree

Gift Tree offers products for sale that are in stock and available for dispatch from our location in Australia. All orders are sold on a first-come, first-served basis and are subject to acceptance and availability. As there is a delay between the time when your order is placed and the time when your order is accepted by us, the stock position relating to particular products may change during this time. If a product you have ordered becomes out of stock before we accept your order, we will notify you as soon as possible, and we will happily refund* by way of store credit to your Gift Tree Account or exchange with a similar product (see Section 9 (a) Returns & Exchanges).
Please be aware that products in your shopping basket are not classed as sold until payment has been approved and may be purchased by other customers within that time.

Gift Tree is not responsible for any delays, costs, or losses resulting either directly or indirectly from matters not under its control, including, without limitation, delays due to destination customs clearance within Australia or caused by the shipping company.

4. Accepted order by Gift Tree

Once your order has been placed, you will receive an email acknowledging the details of your order. The email is just a confirmation that we have received it, and it has not yet been processed. Upon acceptance of your order with Gift Tree, we will then email confirmation that your order has been processed and dispatched.

We aim to dispatch all orders within 3 business days from the date you placed the order (excluding Saturdays, Sundays, and Australian Public Holidays). Please be advised, we will also close for periods of time over the Christmas holidays every year. We will post relevant dates on our website regarding when your order will be processed.

We reserve the right NOT to accept your order in the event we are unable to obtain payment, shipping restrictions apply to your product, the product ordered is out of stock, does not satisfy our quality control standards and is withdrawn, or if you do not meet our eligibility criteria or at our sole discretion.

We may also refuse to accept a transaction for any reason and at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any of our products from our website (whether or not those products have been sold), removing, screening, or editing any materials or content on our website, refusing to accept an order, or suspending any transaction after processing has begun.


5. Gift Tree Pricing Policy

Gift Tree has a policy of continuous improvement and reserves the right to modify features and pricing at any time without prior notice, and all listed prices are valid except in cases of obvious error. All prices and offers displayed on our website are in Australian dollars (AUD) and are exclusive of GST. Products may vary from images shown. Overseas customers who are purchasing our products for delivery to an Australian address must acknowledge that the final price will be calculated in accordance with the applicable exchange rate on the day your payment is processed (for example, for customers paying by credit card, this will be the date your credit card company processes the transaction). All orders will only be shipped to addresses within Australia. Furthermore, if you have any suggestions or notes as part of our continuous improvement process, we welcome your feedback. Email: sales@gifttree.com.au

6. Privacy

7. Your payment processes

Payment can be made by Visa, Mastercard, and Afterpay. All payments with Visa and Mastercard will be debited and cleared from your account prior to the dispatch of your order by Gift Tree. You confirm that the credit/debit card used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

All payments made or paid forward with Afterpay are subject to Afterpay’s Terms and Conditions policy, not Gift Tree. If the issuer of your credit/debit card or Afterpay payment refuses to authorise payment to Gift Tree, we will not be liable for any delay or non-delivery of your product.

Security is of importance to us. All credit card transactions on our website are processed using Pin Payments and a secure online payment gateway that encrypts your card details in a secure host environment. We will take all reasonable care to keep the details of your order and payment secure, but you agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.


8. Freight & Delivery of your product

All freight is $8 nationwide and free if you spend over $150 AUD Excludes Custom Gift Boxes on products. All orders must be delivered to a physical address only, as we do not deliver to P.O. Boxes. Once your order is delivered, all risk in relation to the product purchased passes to you. If you have requested a recipient who is not yourself for delivery purposes (for example, as a gift), then you accept that delivery at the recipient’s address is evidence of delivery and of your order by Gift Tree.

Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Gift Tree is not responsible for any delays caused by delivery processes, postal or courier delays, or damages, missing items, or parcels.

9.  Returns & Exchanges

Change your mind? Wish to exchange it? Faulty/Unsaleable? Unfit for Purpose?
9(a)
If you want to refund* or exchange a product for a ‘change of mind’ or another similar reason, you must contact us at sales@gifttree.co.au as per the steps listed below, within 5 days of delivery of the product, and we must have received the product within 14 days of the date of delivery.

Please note: ALL items under 'Clearance' categories are non-refundable and are sold as is, so please choose carefully.

  1. Describe the issue with the product, i.e., Change of Mind (C’o’M), exchange, faulty, unfit for purpose.
  2. Indicate whether you would like a refund* to your Gift Tree Account or an exchange. If an exchange, please provide details of the replacement item. Please note refunds will only be provided to a Gift Tree account as an online credit.
  3. Provide us with proof of purchase (email confirmation and payment details).
  4. Refrain from using the product immediately and ensure the item is retained in its original packaging.
  5. Organise the return of the product to us (return details will be provided through email once confirmed).

All product returns are at your cost. We advise using a track-and-trace courier for easy tracking. If the product is found to be faulty under Gift Tree’s ‘faulty product return process,’ as per Section 9(e)1 of Returns & Exchanges, courier fees will be waived at Gift Tree’s sole discretion. Gift Tree shall not be liable for any product returned to us which is not delivered/received at our nominated address.

9(b)
Where possible, all products must be returned in their original packaging and/or ensure they are adequately protected in transit (packaging is considered part of the product) along with all Gift Tree tags attached (if any). Gift Tree reserves the right to refuse your return if the packaging is damaged or missing.

9(c)
We understand that sizing can be daunting. If a growing child does not fit the product as anticipated, we are happy to accommodate an exchange for the same item (if in stock) or a similar product, if available. Gift Tree is not obliged to exchange such products, and the decision is at Gift Tree’s sole discretion. See Section 9(e)2 of Returns & Exchanges.

9(d)
Returns or exchanges that are damaged or soiled out of the package will NOT be accepted and may be sent back to you, and/or a refund* refused. Any decisions about whether to accept the product are at our sole and absolute discretion.

(*) Meaning – Where Gift Tree accepts a product for refund, this will be processed to your Gift Tree account by way of store credit only. This will be held for a period of 6 months, after which, if unused, will be automatically forfeited by you.


9(e) Faulty Product Return Policy -

1. Faulty or not of saleable quality – All items must be identified and Gift Tree AU notified within 30 days of customer recieving their goods (Outside this time frame may incur a non returnable/refundable outcome at Gift Trees discretion); where product is materially flawed when purchased and does not meet our Quality Control Standards, or is not in accordance with the product description. Your purchase will be subject to Section 9 (a) of Returns and Exchanges. Return Courier fees will be waived subject to Gift Trees Discretion.

2. Unfit For Purpose – Where product doesn’t do what you reasonably expected it would, nor how the product was described to you prior to purchase. We will accept returns or exchanges as per Section 9 (a) of Returns and Exchanges.

 

* Please Also Note *

Product damaged as a result of fair wear and tear or through negligence’s of receiver/owner are NOT considered under Section 9 (e)1, (e)2 of Returns and Exchanges, and therefore non-refundable.

Gift Tree makes every effort to display as accurately as possible all products that appear on our website. Gift Tree is not responsible nor guarantee, that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All descriptions will depict what is pictured as best we can and therefore, will NOT be considered under Section 9 (e)1, (e)2 of Returns and Exchanges and therefore non-refundable

10. Gift Tree Intellectual Property Rights

You acknowledge and agree that any and all trade marks, copyright, designs, the ‘look and feel’ of our website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, software and all html and other code contained in our website and all other intellectual property remains at all times vested in Gift Tree and/or are the property ‘of’ and must not be used in any manner without the prior written consent of Gift Tree Ltd

11. Your Obligations and Responsibilities 

When accessing and using our website, you agree to comply with these Terms and any special warnings or instructions posted by Gift Tree on our website from time to time. You will always act in accordance with the NZ law, custom and in good faith. You may not make any change or alteration to our website or any content or services that may appear on our website and may not impair in any way the integrity or operation of our website.

12. Termination of Account

13. Third party advertising and links to external websites

The Gift Tree website may, from time to time, contain links to other websites, including links to other websites or resources operated by third parties, including advertisers. Gift Tree has not reviewed all websites linked to its website and does not necessarily sponsor, endorse or approve of any of the advertising, products, services or other materials on, or available from such websites.

 

Gift Tree makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any advertising, products, services or other materials on external websites to which its website is linked. Gift Tree also makes no warranties or representations that the advertising, products, services or other materials on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world and Gift Tree is not authorising infringement of any such rights by linking to such websites.

14. Continuous Improvement by Gift Tree

Gift Tree is an ever evolving and developing online business and is continuously striving to improve in order to provide the best products and services to its customers. Gift Tree reserves the right to, change and update, these terms and conditions from time to time, to reflect its changing business. Gift Tree will not increase your liability to Gift Tree when changes are made to the terms and conditions and Gift Tree will notify you of all updates to its terms and conditions as soon as possible. All amended terms and conditions will apply from the date posted on our website. You agree that Gift Tree is not obligated to provide you with notice about changes and does so at its own discretion and you further agree that it is your responsibility to check the terms and conditions for any changes. If you do not agree to any amended or updated terms and conditions, then you must immediately stop using our website and/or notify for termination of account (if applicable see Section 12).

15. Your Indemnity

You agree to indemnify, defend and hold harmless Gift Tree and its  staff, directors, agents, affiliates, licensors, suppliers and subsidiaries from and against, all liabilities, losses, damages, costs and expenses, directly or indirectly incurred or suffered by Gift Tree as a result of any breach of these Terms, by you, or any other liabilities arising from your use of our website and from all actions, proceedings, claims and demands made or brought against Gift Tree and its officers and directors, agents, affiliates, licensors, suppliers and subsidiaries.

16. Promotions & Competitions

Any Gift Tree Ltd promotion and competition can only apply and be redeemed within AU and in conjunction with any partners with Gift Tree Ltd and its third parties advertisers where applicable. We will, on occasion, use your personal information for advertising purposes ( i.e.  announcement of a winner of an online competition ).  All promotions and competitions are redeemed separately unless stated otherwise by us.

17. Gift Vouchers

The voucher entitles the recipient to access the maximum value specified on this voucher only. This voucher can only be used with the unique code at www.GiftTree.co.au and entitles the recipient to the opportunity to purchase any product available on our website (excluding other Gift Tree Vouchers). This voucher can be redeemed once only and is non-refundable. Any purchase where the product is less than the voucher's value is non-refundable, and the balance will not be credited or refunded (one-use voucher only). By purchasing this Gift Voucher, the purchaser and recipient acknowledge and accept all T&Cs applied to the use of this voucher.

All gift vouchers can be redeemed by applying your gift voucher code in the 'discount code' section in the cart when purchasing. Each voucher is individual and can only be used once. If the purchase made does not exceed the voucher's value, the difference is non-refundable (e.g., using a $100 voucher to purchase only $80 in items means $20 will be lost), so please be sure to utilise the full value of your gift voucher. If you lose your voucher and are unable to locate it, don't hesitate to contact us, and we will happily replace it if it has not yet been redeemed. Gift Tree vouchers will only be accepted by Gift Tree and cannot be utilised with any other vouchers. You have 12 months to redeem your voucher from the purchase date; otherwise, it will expire (non-negotiable).

18. Contact Us

You can contact Gift Tree by any of the following methods:

You agree that Gift Tree can contact you via any of the contact details you provided (including your postal or home address, your email address and your fax number) as advised by you to Gift Tree when you register with us (or any other contact details you advise in writing to Gift Tree) at a later date.

19. Transferring the terms and conditions to a new party

Gift Tree may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party without your prior consent.

 You may not assign your rights or obligations under these terms and conditions except with the prior written consent of Gift Tree Ltd.

20. In the extreme event

In any extreme event, circumstances or things beyond reasonable control causing either party unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.

21. Delays in Gift Tree enforcing its rights

Any failure by Gift Tree to enforce its rights under these terms and conditions (or which Gift Tree, has the benefit of under any applicable law) or any forbearance, delay or indulgence granted by Gift Tree to you will not be construed as a waiver of either parties’ rights and/or obligations under these terms and conditions and the applicable remedies will still be available to Gift Tree.

22. These terms and conditions are independent of one another

If any provision of these Terms do not comply with any applicable law and as a consequence, is illegal, invalid or unenforceable then where the offending term can be read down so, as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable.

23. Toy Safety Standards and Regulations

Gift Tree abides by AU Laws regarding all toys we sell, as meeting the safety standards as required by AU Law under ‘The Product Safety Standards (Children's Toys) Regulations 2005 (Regulations) who set that safety standard’ as AS/NZS ISO 8124.1:2002 Safety of toys;


 


Thank you for taking the time to read our terms and conditions and we hope you enjoy your shopping experience with Gift Tree!


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