Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND PLACING AN ORDER WITH US.

Last updated: 19 April 2021

www.asweetgesture.com.au (our Website) is operated by A Sweet Gesture, ABN 14 198 169 919 (A Sweet Gesture). If you continue to browse and use our Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer, govern A Sweet Gesture’s relationship with you.

By using our Website, you signify your acceptance of these terms and conditions. For the purposes of these terms and conditions, “us”, “our” and “we” refers to A Sweet Gesture and “you” and “our” refers to you, the client, visitor, website user or person using our Website.

  1. AMENDMENT OF TERMS

1.1 We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

1.2 Any amendment that we may make to these terms and conditions is effective immediately.

  1. ACCEPTANCE OF TERMS

2.1 If you choose to access our Website, browse our Website or place an order with us, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and A Sweet Gesture’s rights and obligations to each other.

  1. AGE

 3.1 By using our website, you acknowledge that you are over the age of 18 years.

  1. PRICES
4.1 All prices displayed on our Website are in Australian Dollars (AUD).
  1. LIMITATION OF LIABILITY

5.1 It is an essential pre-condition to you using our Website that you agree and accept that A Sweet Gesture is not legally responsible for any loss or damage suffered as a result of using our Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of our Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on our Website is entirely at your own risk, for which we shall not be liable.

5.2 It shall be your own responsibility to ensure that any products, services or information available through our Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  1. RESTRICTING ACCESS TO WEBSITE

6.1 We may restrict access to some parts of or the entire Website, from time to time. We will not be liable for any resulting loss.

  1. YOUR RESPONSIBILITIES WHEN PLACING AN ORDER WITH US

 7.1 When placing an order with us, you must provide us with:-

    1. correct and accurate information about yourself and the recipient of the order (if applicable);
    2. a current, up to date and valid phone number and email address; and
    3. a correct, valid and accurate delivery address.

7.2 You are responsible for and must ensure that your order is correct before payment.

  1. SAFTEY DISCLAIMER

 8.1 By placing an order with us, you acknowledge that:

    1. our chocolate bouquets contain sharp wires. As such, extra care must be taken when removing them. Sharp wires must be kept away from children and adequate adult supervision is required when disassembling chocolates and toys from the wires;
    2. the chocolates we use may contain traces of milk, gluten and nuts; and
    3. the chocolates and toys which are included in majority of our bouquets are a possible choking hazard and as such you must read the hazard warnings that accompany the respective goods.
    8.2 If the recipient of the goods from your order is somebody other than yourself, you must inform that other recipient, once the goods are delivered, of the above.
    1. COMPETITION AND CONSUMER ACT

    9.1 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010(Cth), A Sweet Gesture’s liability for any breach of a term of this agreement is limited to:

      1. The supplying of the goods or services to you again;
      2. The replacement of the goods; or
      3. The payment of the cost of having the goods or services supplied to you again.
    1. PROCESS FOR REFUNDS AND REPLACEMENTS

    10.1 A Sweet Gesture handles and processes refunds and replacements in accordance with the Australian Consumer Law.

    10.2 Should you wish to obtain a refund or replacement of the good(s) in your order, please notify us within 3 days of delivery with a valid reason for the refund or replacement and evidence to support your reason (such as photographs).

    10.3 Refunds will be processed promptly and will be made by the same method that you made payment. All refunds and replacements are made at the discretion of A Sweet Gesture.

    1. CANCELLATION POLICY ON A CHANGE OF MIND BASIS

    11.1 Any order that is cancelled on a change of mind basis after the goods are dispatched but before they are delivered will be charged in full and you will not be entitled to a refund.

    11.2 If you cancel your order after it has been placed but before it has been dispatched, we will offer you a full refund. 

    1. APPEARANCE AND SUBSTITUTIONS

    12.1 Whilst we will make every effort to ensure that the product you receive is as similar as possible to the images that appear on our Website, we cannot guarantee that the product you receive will be exactly the same on every occasion. You agree that the images that appear on our Website are indicative only.

    12.2 If a part of the product you have chosen becomes temporarily unavailable we will, with your express approval, replace that part with another item of similar appearance or style that is of equal or greater value. Alternatively, if this is not suitable for you when we contact you, you may choose to substitute your chosen product for another product we offer. The substitute item will be of equal or greater value. If you eventually choose not to proceed with a substitution of any kind, we will happily provide you with a full refund.

    1. DELIVERY OF GOODS

    13.1 Please see our Delivery Policy for further information on shipping and delivery times. 

    1. LINKS TO OTHER WEBSITES
    14.1 We may from time to time provide on our Website links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between A Sweet Gesture and the owners of those websites. A Sweet Gesture takes no responsibility for any of the content found on the linked websites.
    14.2 Our Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
    1. DISCLAIMER
    15.1 To the fullest extent permitted by law, A Sweet Gesture absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website or the server hosting our Website is free of viruses or any other harmful components.
    15.2 Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in our Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
    15.3 It is your sole responsibility and not the responsibility of A Sweet Gesture to bear any and all costs of servicing, repairs, or correction. The applicable law in your State or Territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our Website or any products or services that may be offered through it. It is your responsibility to do so.
        16. PERSONALISATION
    16.1 The accuracy of any personalised message you provide us for order is your responsibility (including content, spelling and grammar).

    16.2 We may at our absolute discretion:

      1. vary your personalised message; or
      2. delete a personalised message entirely,

                  if in our opinion the message contains content that is offensive.

        17. YOUR PRIVACY

    17.1 At A Sweet Gesture, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

    17.2 All information we receive from our customers is protected and processed by Shopify Inc, the online e-commerce platform hosting our store that allows us to sell our products to you. Shopify Inc’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us.

       18. THIRD PARTIES

    18.1 We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.

       19. DISCLOSURE OF INFORMATION

    19.1 A Sweet Gesture may be required, in certain circumstances, to disclose information in good faith and where A Sweet Gesture is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers.

       20. EXCLUSION OF COMPETITORS

    20.1 If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of A Sweet Gesture. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term then A Sweet Gesture will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. A Sweet Gesture reserves the right to exclude and deny any person access to our Website, services or information in our sole discretion. 

       21. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

    21.1 Our Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on our Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on our Website.

    21.2 A Sweet Gesture expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.

    21.3 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge our Website as the source of the material.

    21.4 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

    21.5 A Sweet Gesture acknowledges and in no way intends to infringe the Trademarks on the products contained within our goods.

       22. WHOLE AGREEMENT

    22.1 These terms and conditions represent the whole agreement between you and A Sweet Gesture concerning your use and access to our Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

       23. EXCLUSION OF UNENFORCEABLE TERMS

    23.1 Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

       24. JURISDICTION

    24.1 This agreement and our Website are subject to the laws of New South Wales and Australia. If there is a dispute between you and A Sweet Gesture that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.

       25. CONTACT INFORMATION

    25.1 Questions about these Terms and Conditions may be sent to us at asweetgesture@outlook.com. Alternatively, you may call our friendly team on 0491 013 219. Our address for service is: PO BOX 342 Winston Hills NSW 2153 Australia.