These terms and conditions regulate the business relationship between yourself and us. By using our website in any way, or by buying from us, you agree to be bound by them.
Macarthur Baskets - ABN: 84974921149 BRN: BN98407823
A visitor to our website / our customer.
In this agreement:
“Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
“Our website” means the entire computing hardware and software installation that is or supports our website.
“Goods” means any of the goods we offer for sale on our website.
“Content” means information in any form published on our website by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to our website; and
2.1.2 in any event to you as a buyer or prospective buyer of our goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our website.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
2.5 All descriptions, weights and sizes of goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
2.6 If we do not have the goods you order in stock, we will - in the case of flowers/plants/hampers - send an alternative which will be of equal or greater value, quality and style.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.3 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. Should the recipient not be present at the delivery address redelivery fees apply to you.
5.2 If we are not able to deliver your goods within the date(s) you have specified on your order, we shall notify you by e-mail or phone to arrange another date for delivery.
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
5.4 We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods returned
Because you are buying the goods by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply
7.1 You must tell us you wish to cancel within 2 days prior to the delivery of your of the goods;
7.2 In any event, you may not cancel orders for food or other perishable goods, nor for handmade, specially commissioned or personalised goods;
7.3 The goods must be returned to us within 7 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.5 If you do not return the goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover goods from you, but if we do, our costs will be payable by you.
8.1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.
8.2 You are advised that content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the goods for your purpose.
8.3.2 the truth of any information given on our website;
8.3.3 any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose;
8.3.4 compatibility of our website with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our website may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation;
10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of our website;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18 Governing Law
This agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.