Pre made hampers
Our terms & conditions
Our terms & conditions
1. Definitions:
1.1. In these Terms and Conditions:
‘Courier’ means Australia Post or another third-party courier elected by the Supplier in their sole discretion to provide the Services;
‘Customer’ means the person ordering the Goods and/or Services from the Supplier;
‘Fee’ means the fee payable by the Customer for the Goods and/or (where the situation permits) Services; ‘Goods’ means any goods available for purchase by the Supplier;
‘Local Area’ means an area within a 10 kilometre radius of the Ballarat Central post code of 3350
‘Recipient’ means the recipient nominated by the Customer to whom the Goods and/or Services may be provided to regardless of whether they are the Customer;
‘Services’ means the supply of prepared gift hampers and other goods (if any) to the Customer or Recipient by the Supplier either via delivery by a Courier or by the
Supplier depending on the circumstances set out in these Terms and Conditions;
‘Shared Data’ means tracking cookies from any online
platform, device information, personal data including
email, name and address and location information
‘Shared Data Purpose’ means sharing data across online platforms including but not limited to Facebook, Instagram, Google and Google Analytics for the purposes of marketing, quality assurance, order and customer identification;
‘Supplier’ means Lariesha Ann Beare (ABN 75 472 585 255) trading as Woven Lane; and ‘Terms and Conditions’ means these Terms and Conditions together with any document exchanged between the parties in relation to the Goods and Services.
2. Application
2.1. These Terms and Conditions will apply to the provision of Services by the Supplier to the Customer, and to the extent relevant and practical, to any other services which are provided by the Supplier to the Customer from time to time.
2.2. The operation of these Terms and Conditions shall commence immediately upon the Customer engaging the Supplier.
3. Services and Payment
3.1. The Supplier agrees to provide the Goods and Services
to the Customer for the Fee.
3.2. The Fee is payable by the Customer immediately upon
purchase of the Goods unless otherwise agreed in
writing and without set-off or deduction.
4. Provision of Services
4.1. The Supplier has the right to:
(I) decline requests in relation to the Goods and Services including an order for Goods and/or Services entirely; and
(II) cancel or postpone an accepted timeframe for supply of the Services (acting reasonably) at the sole discretion of the Supplier.
4.2. The Supplier may agree to provide, upon request from the Customer, additional Goods or Services not included or specifically excluded in the provision of Services at the request of the Customer. In this event, the Supplier is entitled to charge the Customer a revised amount in relation to the Fee.
5. Commencement of Services
5.1. The Customer acknowledges and agrees that the Supplier will not be obliged to commence performance of the Goods and Services until the Supplier has received payment of the Fee in full.
6. Purchase of Alcohol
6.1. The Customer acknowledges that the Supplier cannot under the Liquor Control Reform Act 1998 (Vic) (“the Act”) supply alcohol to any person under the age of 18 years and it is an offence for any person under the age of 18 years to purchase or receive alcohol from another person.
6.2. The Customer is restricted to a maximum 1.5 litres of alcohol per order made each day
6.3. The Customer acknowledges and accepts that in placing an order, they represent that the Customer and Recipient (if different to the Customer) are over the age of 18 years. The Customer recognises that it is an offence to falsely represent the Recipient is of legal age.
6.4. The Supplier reserves the right to request proof of valid
photo identification to verify the age of the Recipient and Customer either as part of the Customer placing any order for Goods and/or on delivery. If the Supplier reasonably suspects that the Recipient is under the legal age or otherwise will breach the Act or cause any health or safety risk to the Recipient or others, then they may refuse to complete delivery of the Goods.
6.5. The Customer agrees that, in the event they are able to select certain Goods to form part of a gift hamper then the value of any alcohol selected shall not be more than 50% of the total Fee for the Goods and Services. Notwithstanding any other provision in these Terms and Conditions, the Supplier has the right to reject supply of the Goods if this occurs.
6.6. The Customer indemnifies and shall at all times remain liable to the Supplier for any breach of the Act regardless
of if the breach is as a result of a Recipient who is not the Customer.
7. Delivery of Goods
7.1. Subject to this clause 7, the Supplier agrees to provide the Customer with a quote and/or display of any costs associated with delivery of the Goods at the time of order which shall form part of the Fee.
7.2. Unless otherwise stated by the Supplier or explicitly agreed by the Supplier and Customer, where delivery is applicable, the Supplier will not deliver the Goods or supply the Services on any Sunday or before the hour of 9:00am or after the hour of 5:00pm on any weekday or before the hour of 9:00am or after the hour of 3:00pm on any public holiday or Saturday.
7.3. The Customer acknowledges that if they wish for delivery of the Goods, the Fee will be additional (unless otherwise agreed explicitly in writing between the Supplier and the Customer) and calculated in reference to the delivery address and proximity to the Local Area.
7.4. The Customer acknowledges that they shall not be able to specify a time for the delivery of the Goods.
7.5. The Customer acknowledges that all orders made to addresses that are greater than 20 kilometres from the Local Area will be dispatched with the Courier as soon as practicable after the order is placed and any Courier costs be additional to the Fee and payable at the time of placing the order.
7.6. The Supplier will not be responsible for any delays incurred via the actions of the Courier.
7.7. In the event that the Recipient is not available to accept delivery of Goods containing alcohol, the Courier or Supplier (depending on who is attending to delivery) will return the Goods to the Suppli and the Supplier is not required to re-attempt to supply the Services. In the event of this clause 7.7 occurring, the Customer shall be entitled to a refund in accordance with clause 11.4.
7.8. Where the Goods do not contain alcohol, the Courier or Supplier shall return the Goods to the Supplier where the Recipient is not available to accept the Goods or there is no safe drop-off location and the Customer shall be entitled to a refund in accordance with clause 11.4.
7.9. The Supplier acknowledges and accepts to take such reasonable case as necessary to ensure the accurate and safe delivery of Goods.
7.10. The Customer indemnifies the Supplier for and against any unforeseen circumstances resulting in the damage, destruction or delay of Goods during delivery or any other damage, destruction or harm to the Recipient or any other person or property.
7.11. The Supplier agrees to do all things reasonable to assist the Customer in resolving any issues incurred as a result of supply of the Goods and/or Services.
8. Customer Obligations
8.1. The Customer is responsible for providing the Supplier with a valid and correct:
(I) contact email address;
(II) contact phone number;
(III) postal address for delivery; and
(IV) name of Recipient
8.2. The Supplier will not be liable for acting with reliance on any incorrect information supplied by the Customer.
8.3. The Customer acknowledges and accepts that providing incorrect details or failing to amend incorrect details within a timely manner may result in the Goods being incorrectly delivered, undelivered or additional amounts to the Fee (such as delivery fees by the Courier to redirect).
8.4. The Customer acknowledges that it is their responsibility to ensure that they or the Recipient follow all instructions, recommendations and directions on the packaging of any of the Goods are followed and check any ingredients on any Goods for any allergies or other adverse effects.
9. Amendments to Orders
9.1. The Customer accepts that no amendments (including cancellations) may be made for orders already prepared or dispatched for delivery.
9.2. A Customer will be unable to receive a refund of such amount of the Fee paid for any order amendment that would result in a value less than the original Fee.
9.3. The Suppliers reserves the right to refuse alterations or amendments to orders.
10. Substitutions
10.1. The Customer acknowledges that some goods listed may, from time to time, become unavailable and require a substitution.
10.2. The Supplier reserves the right to substitute any good with another good of equal or higher value.
11. Cancellation and Returns
11.1. The Customer accepts that they will only be entitled to a refund for the Fee (but not including any delivery charges) for a change of mind in the following circumstances and subject to clause 11.4: (I) The Customer requests the refund from the Supplier within 14 days of Purchase; (II) If the Goods have been delivered, then the Goods are returned to the Supplier at the cost of the Customer;
(III) The Goods are returned in an unused and saleable condition with all original packaging and ticketing still in tact and the Goods are free from any damage including any damage from transit;
11.2. Regardless of any rights set out in this clause 11, the Customer shall not be entitled to a refund of their purchase of the Goods for change of mind if any of the following items are to be refunded as part of their Goods:
(I) Body piercings;
(II) Hair, face or body products which are not sealed such as soaps;
(III) Drink bottles, cups, cutlery, crockery which are not sealed;
(IV) Dried flower arrangements;
(V) Goods marked as clearance, sale or end of line; and
(VI) Where the refund is due to a discrepancy in the colour of the Goods where the Supplier believes (acting reasonably) that the discrepancy of any colour of the Goods is due to the Customer’s computer, tablet or other device and the item is reasonably depicted on the Supplier’s online platform as similar colour. or the Good is a gift hamper.
11.3. The Customer accepts that in the event the Supplier exercises the right to reject the supply of an order, the Customer will be entitled to a refund in accordance with clause 11.4.
11.4. In the event of a refund in accordance with this clause 11, the Customer acknowledges and agrees that any delivery charges forming part of the Fee shall be forfeited and the Supplier shall be entitled to charge a refund fee to the amount of 20% of the Fee which is to be retained from the amount of the Fee to be refunded.
12. Goods and Services Tax
12.1. ‘GST’ means the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST Act’) and terms used this clause 12 have their meanings derived from the GST Act.
12.2. The Fee is inclusive of any GST unless otherwise stated.
12.3. The Supplier shall deliver to the Customer a tax invoice for the supply in a form which complies with the GST Act and any ancillary regulations.
13. Consumer Laws
13.1. Where the Customer is a consumer for the purposes of the Australian Consumer Law (“ACL”), Goods and Services are sold with consumer guarantees prescribed in the Competition and Consumer Act 2010 (Cth). Subject to the ACL, where there is a failure that amounts to a breach of such guarantees, the Supplier will: (I) if the failure is a material breach (at the Customer’s option) either arrange for a re- supply of the Services or Goods or a proportionate refund of the Fee for the relevant Services; or
(II) if the failure is not a material breach, arrange for a re-supply of the Services or Goods.
13.2. Where the Services or Goods are not acquired predominantly for personal, domestic or household use, the Supplier’s liability is limited to either re-supplying the Services or Goods or refunding a proportionate amount of the Fee paid by the Customer and the Customer shall not be entitled to any consequential loss as a result of a failure by the Supplier to meet the prescribed consumer guarantees.
14. Force Majeure
14.1. The Supplier shall not be in default or be liable for failure to observe or perform in accordance with these Terms and Conditions for any reason or cause which is outside of the reasonable control of the Supplier, including without limitation, war, insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of God, act of government, flood, storm, tempest, power shortages or power failure, pandemic or an inability to obtain sufficient labour to provide the Services or Goods or any additional services requested and paid for by the Customer.
15. Privacy
15.1. Any personal information collected by the Supplier in relation to these Terms and Conditions and the supply of the Services and Goods shall be kept confidential and in accordance with any and all applicable Australian privacy laws.
15.2. The Customer acknowledges and agrees that, whilst the Supplier shall use it’s best endeavours to keep all information supplied by the Customer stored safely electronically, the Supplier has not represented that any files, emails or use of their website and other online platforms are free from computer viruses or other faults or defects and the Customer accepted use of such platforms at their own risk.
15.3. The Customer consents to the Supplier providing their Shared Data for a bona fide Shared Data Purpose provided always clause 15.1 is observed.
16. Miscellaneous
16.1. These Terms and Conditions will be governed by the laws of Victoria and the parties agree to submit to the jurisdiction of the Victorian Courts.
16.2. If any of these Terms are determine invalid, unlawful or unenforceable in whole or in part, such term shall be severed and the remaining terms shall continue to operate to the fullest extent permitted by law.
16.3. The Supplier may vary these Terms and Conditions from time to time in its sole discretion by notice in writing to the Customer, or placing a notice and updated terms and conditions that supersede these Terms and Conditions to the Supplier’s public website.
16.4. Nothing in these Terms and Conditions shall act to restrict the Supplier from sub contracting any part or all of the Services to one or more third parties.
