Terms and Conditions

Last Modified: 15 . November . 2019

Welcome to Cadeaurable. Thank you for stopping by, we are glad to have you here. The following content forms our terms of the agreement between you and Cadeaurable. We have tried our best to filter out any complicated legal terms but if there is anything that you would like us to further clarify, please don’t hesitate to contact us.

Before we go on, please note that whenever we mention "you / your" in this document, we mean the visitor browsing our website or the customer purchasing a product or number of products from our online store and whenever we mention "we / us", we’re talking about Cadeaurable.

About These Terms and Conditions

By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof.

We may update these Terms and Conditions from time to time and the current version will always be shown at the top of this Terms and Conditions page. Please make sure you check this page often to take notice of any changes we may have made as they are binding on you.

Accessing Our Website

From time to time, we may need to restrict access to our website (wholly or partly). As much as possible, and as far as it is within our control, we will endeavour to warn you beforehand or, otherwise, refrain from causing any inconvenience by restricting access to our website. However, when circumstances do not allow for an advance notice or a more restrained restriction, we will not be liable if, for any reason, our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through an internet connection that you provide or by permissibly using a device that you own are aware of these Terms and Conditions and that they comply with them.

Our Products

We endeavour to ensure that all the products on offer at our online store are accurately described. Unfortunately, on some occasions, it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. Since most of our products are handmade and/or made from natural or organic materials, please note that there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing.

As far as possible, we endeavour to endure that all colours are displayed correctly in the photographs of the products on offer, but you should be aware that colours on different displays and screens may not always appear exactly as in the photographs. The variance in shade of colour from screen to screen is not a fault nor an error. For this reason, please be aware that any requests for returns or refunds arising from this or similar reasons will be classified as a change of mind and processing such a return or refund will be at the expense of the customer.

On rare occasions, circumstances may render a product material no longer available in the exact same specification as described and photographed on our website. We reserve the right to withdraw any products from our website at any time and/or remove or modify any content on our website.

Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, removing or editing any content on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Your Order

After you have placed an order and we have processed your payment, we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the third party who is looking after dispatch, the contract between you and us is complete.

If delivery of an order will result in unacceptable high freight charges to Cadeaurable, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel you order under these circumstances, we will issue a full refund to you.

In the unlikely event that a product is no longer available, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to make you aware of this change.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Processing Time: Processing time varies depending on the size and nature of the order as well as the type(s) of product(s) purchased (whether they are standard products or personalised products). The average processing and handling time will be from 3 to 5 business days for most orders but be aware that this is only a guide. We do our best to process items as quickly as possible without compromising on quality or discrepancy. We will contact you by email if any unforeseen delays or problems arise.

Urgent Orders: If you require your order to be processed sooner than the average processing time of 3 to 5 business days, i.e. urgently, please notify us by leaving a note during checkout. Anything similar to the following would suffice:

• Please process my order urgently
• This is an urgent order
• Could you make this order urgent, please?

and then follow it up with an email which includes your name and order number to make sure that we have received your request.

We will email you confirming that we have received your request and whether or not it is possible to escalate your order to Urgent Status as well as the extra charges involved in priority processing. Please note that unless you receive an email confirming that we have escalated your order to Urgent Status and you have paid the extra charges, your order will be actioned in ordinary processing time, i.e. Not Urgent.

Prices, Payment and GST

All prices displayed on our website are in Australian dollars inclusive of the Goods and Services Tax (GST). All payments are processed in Australian dollars. We accept payment by credit card (Visa and MasterCard) and PayPal.

Prices are subject to change effective immediately upon posting to our website or other form of notification.

Payment Security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order and notify you by email.

Delivery

Delivery Fees: Delivery fees are calculated based on the size and weight of your order as well as the destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and then included in the total price of your order. Changes made to the delivery address after placing an order may incur additional charges which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor.

Delivery Time: Typically, orders will be dispatched from our warehouse within 2 business days of successful processing. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.

We do not accept any liability for any loss, theft or damage to the products after delivery.

Delivery Methods and Locations: We currently only use Australia Post for all deliveries nationwide. Delivery is to a ground floor; if the delivery is in a multi-story building, the delivery company will not travel past the ground floor front door.

If the delivery courier is unable to complete the delivery, for whatever reason, they may leave a card at the address you have provided, and you will need to pick up the delivery from an Australia Post outlet.

We apologise as we are not able to accept orders for international delivery at this time.

Delivery Failure: It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges incurred in the attempt of getting your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us.

Returns

30 Day Returns: We want you to love the products you buy from us. If you change your mind, you may return it to us within 30 days of the date you received it, no questions asked.

Please note that change of mind returns are only accepted on standard items and not personalised items.

You will be responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes the costs of shipping the item to you in the first place and the cost of shipping back to us.

If you would like to issue a return, please lodge a return request via the 'My Account' page, find the order in question and click on ‘Return Items?’ next to that order. Alternatively, you can contact us with your name and order number and our customer care team will arrange the return for you.

Items returned must be in 'as-new' condition and still in their shrink-wrapped packaging. This means you have not used, assembled, damaged, washed, laundered or unwrapped any of the items. We pack your goods in a clear shrink-wrapped film so that they can be inspected without having to be unwrapped.

Please return items secured in their original packaging. If you cannot return an item 'as new' in its original packaging, a handling and restocking fee may apply up to 20% of the value of the item.

Non-returnable items excluded from all change of mind returns include:

• Products described as "personalised"
• Personalised items
• Gift Cards
• Orders for commercial or non-domestic use

Within 5 business days of receiving your return, and subject to confirming it is in 'as-new' condition, we will process your request. If you have requested store credit or a full refund, we will provide you with an amount equal to the price you paid for the product, less the cost to ship the product to you and the return shipping back to the warehouse.

Damaged in transit: Unfortunately, items are occasionally damaged in transit.

If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage and contact us as soon as possible, ideally within 2 business days of receiving your delivery.

The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that best suits you.

If we require you to return the product to us, we will pay the cost of the return.

Wrong item delivered: Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can, ideally within 2 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pick-up and return of the incorrectly shipped item at no cost to you.

Faults and Warranty Claims

Cadeaurable warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law.

If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 2 business days of receiving your delivery.

The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that best suits you.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

This Faults and Warranties policy does not cover:

• Normal wear and tear
• Damage arising from improper assembly or modification
• Damage arising from abnormal use or abuse
• Damage, wear and tear as a result of improper or lack of maintenance and/or care
• Damage to external or product packaging only
• Insignificant minor variations in dimensions, colour, grain or finish
• Insignificant minor imperfections or superficial blemishes

Cancellations

You may cancel an order, or part thereof, only before an order reaches the processing stage. In this case you will receive store credit or a refund in the amount you paid for the product, including shipping. After an order, or part thereof, reaches the processing stage, cancellations or changes may not be possible. As we endeavour to begin processing your order as soon as possible, which often can be within 24 hours, requests for cancellations need to be lodged as soon as practicable after ordering. Once we have begun processing your items, you cannot cancel them. This cancellation policy applies to all of our products, personalised or standard.

Exchange

Unfortunately, we do not offer exchanges. Simply return your items in accordance with our returns policy and place a new order.

Your Consumer Rights

The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our team will look after you.

Our Rights

We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse or failure to take reasonable care.

Gift Cards

Customers may purchase digital Gift Cards from our website. Gift Cards and store credits cannot be used to purchase Gift Cards.

In the case of digital Gift Cards, we will email the Gift Card to the recipient 's email address, as provided by the purchasing member. The email will include instructions and a link for redeeming the Gift Card. After the recipient has redeemed the Gift Card, the Gift Card amount will appear in your ‘My Account’ section of the members profile.

Gift Cards, once redeemed, may only be used for purchases at the Cadeaurable website. If a purchase made using a Gift Card is for less than the amount of the Gift Card, the remaining balance will appear on the recipient's account for future use. If a purchase made using a Gift Card is for more than the amount of the Gift Card, the purchaser will be required to pay the excess using another payment method. The amount remaining can be viewed on your ‘My Account’ page. If an order made using a Gift Card is cancelled or returned, the portion of the purchase attributable to the Gift Card will be refunded as a store credit only, this is not redeemable for cash.

Gift Cards are not transferrable and cannot be returned or exchanged wholly or partly for cash. Gift cards should be treated as cash. You are responsible for the use and safety of your Gift Card. Cadeaurable is not responsible for any loss or damage resulting from lost or stolen gift cards or gift cards used without permission. Lost or stolen Gift Cards will not be replaced or refunded.

Liability

To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:

• in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
• in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.

Intellectual property

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.

You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Third party websites

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).

Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.

Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website.

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

Email communication

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

Facebook, Instagram and Blog

The purpose of our Facebook page, Instagram page and our Blog is to provide Cadeaurable's fans with inspiration, information on our sale events, access to special promotions plus the latest goings on at Cadeaurable and from our circle of friends. You're welcome to contribute your own comments, photos & videos.

To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We will delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol. We're big supporters of lively, open discussion and we don't shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so. We're happy for our material to be shared, but you should not copy our material and post it without attribution, nor use it for commercial purposes or claim it as your own. We support the Facebook and Instagram Statement of Rights and Responsibilities, and our social media pages adhere to the relevant policies. We reserve the right to ban users who don't abide by these guidelines.

Product Ratings & Reviews

Our customers can leave a review and submit a star rating about products they purchase from us.

We value and appreciate product ratings & reviews from people who have purchased products from us, have experienced them and decide to share their genuine opinion about them. We only accept ratings & reviews from customers who have bought our products and who have an account with us.

As a customer, you may share your opinion about your purchased products from the ‘My Account’ section of the website. Occasionally, we also send emails to our customers inviting them to rate and review their recent purchases.

By submitting your review, you agree that:

• any information, suggestions or ideas you send to us in relation to a product you purchase from us (review content) is non-confidential and non-proprietary and we may choose to provide attribution of your review content at our discretion;
• you grant us an irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, transmit, publish, distribute, create derivative works from and publicly display review content for any purpose whatsoever throughout the world in any media to the extent permitted by law;
• you own or have the necessary consents or permissions to submit your review content and have it published, and we are under no obligation to keep this content confidential;
• your review content contains your genuine opinion.

We reserve the right to investigate and verify the validity of reviews submitted to us. We reserve the right to not publish or remove any ratings & reviews that we consider not to be genuine or misleading or violate our moderation policies in any way.

Review Moderation Policies

Our moderators evaluate every submitted product review to ensure it is legitimate, appropriate, non-contradictory, and we protect the privacy of our customers. All reviews, positive and negative, that comply with our moderation policies are accepted for publishing.

The following content included in a review will violate our moderation policies and will cause the review to be rejected:

• Unlawful, misleading, profane, offensive, sexually inappropriate, threatening, abusive, hateful content or content defamatory towards a person's race, ethnicity, entity, belief or symbol
• Spam and advertising
• URLs and hyperlinks except for links to other products sold on our website
• Personal information including phone numbers, email or mailing addresses
• Competitor retailers mentioned
• Review submitted for the wrong product
• Not constructive and not product specific feedback including service or policy complaints.

If you have service experience feedback or disagree with our policies, please contact us.

We reserve the right to edit the review content if there are parts that violate our moderation policies, provided this does not materially change the substance of the review. For example, if a review contains service-related comments along with constructive product feedback we will consider removing service-related comments before accepting the review for publication.

Review Publishing Policies

All reviews accepted by our moderators advance to the publishing stage.

Because we understand that different people may have different needs and expectations when they buy products from us, we will only publish a review for a product once we have at least 3 reviews of that product from 3 different customers. This is to help other website users to make more informed purchasing decisions.

Product ratings & reviews submitted to us are not a guarantee of publication. We reserve the right to reject, remove, ignore, or edit any reviews for any reason, including a violation of our moderation policies.

Product Star Ratings

The product rating system is 1 to 5 stars, with 5 stars being the best. The aggregated star rating of a product represents the average rating of all reviews published for a product. The number of reviews which form the basis of an aggregated rating is displayed next to the aggregated rating. The aggregated ratings are displayed on product details pages along with full product reviews. The aggregated reviews are also displayed on product listing pages. We may present ratings & reviews elsewhere on the site and use them in marketing communications.

For further information, please contact us.

Other Policies

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular: your real name, billing address, shipping address, mobile phone number and email address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Applicable law

These Terms and Conditions, including our Privacy Policy are governed by the laws of Queensland, Australia and New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of Queensland and New South Wales. Our website is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.