1.Terms and Conditions of Use
By using the GiftBox website you are subject to the following terms and conditions of use. These Terms and Conditions of use govern your use of this web site and your use of this web site indicates your acceptance of these Terms and Conditions. GiftBox ("We, Us") may from time to time amend, update or change this web site including these Terms and Conditions without prior notice. Any promotion, competition, product or service identified or contained in this website is subject to these Terms and Conditions or those specified on the applicable webpage.

Our website is intended solely for persons who are 18 years old or older. Any access to or use of the website by anyone under the age of 18 is expressly prohibited. By accessing or using our website, you represent and warrant that you are 18 years old or older. Furthermore, you agree to be of the legal age required by the state of your residence when purchasing applicable products from our site. It is your responsibility to determine if you can legally buy certain products (“Products”) from the site, which may include, for example, tobacco products, smoking accessory products, or sexual wellness products, that may be available for purchase.

2. General Disclaimer
GiftBox is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

3.Content
Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. We reserve the right to change any of the material on this website at any time. We do not undertake to keep this web site updated and are not liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.

4.Intellectual Property Rights
All materials and third-party logos, brands, and trade names displayed on the website are either the property of or used with permission by Us and protected by copyright. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by legislation, these Terms and Conditions, or express written permission from Us. You may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialize any information, products, or services obtained from any part of this website, without prior written permission from Us. The trademarks must not be used or modified in any way without our express written permission or the relevant third-party owner. Any unauthorized use of images and third-party logos, brands, and trade names may violate copyright laws, trademark laws, the laws of privacy, and other civil and criminal statutes.

5.Hyperlinks
GiftBox makes no representations about websites accessed through this site which are not maintained, controlled, or created by GiftBox. GiftBox does not endorse these sites and is not responsible for their content.

6.Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

7.Limitation of Liability
Your use of the website is at your risk. We make no warranties or representations as to its accuracy and, to the extent permitted by law, we specifically disclaim any liability or responsibility for any errors or omissions in the content on the website. We will not be liable for any direct, incidental, consequential, or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings resulting from your access to, or use of, or inability to use this website and the content, whether based on warranty, contract, tort, negligence, or any other legal basis, and whether or not We know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation to a certain maximum extent, then our liability is limited to that extent.

8.Warranties
Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all products displayed on the website are provided to you "as is" and, to the extent permitted by law, is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Information on this Website may contain typographical errors, technical inaccuracies, or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice. We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or result of the use of the material on this site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. We are not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk and is only provided for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, we disclaim all warranties, express and implied, as to the accuracy, validity, legality, or otherwise of any materials or information contained on such sites.

9.Governing Law
The information contained in this website is intended for use by persons resident in Australia and is governed by the laws of the State of Victoria and the Commonwealth of Australia. This website may be accessed throughout Australia and overseas. We make no representations or warranties that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

10.Specific Warnings
10.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. GiftBox takes no responsibility for any such damage which may arise in connection with your use of the Website.

11.Goods
11.1 GiftBox takes no responsibility for the content of any Goods purchased through the Website.
11.2 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.

12.Pricing
12.1 Prices displayed on the websites are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes, either up or down, will not be retrospectively applied to accepted Orders.
12.2 You agree to pay the delivery charges specified at the time you submit your Order.
12.3 All prices listed are in AUD.
12.4 Online pricing is not indicative of in-store pricing.
12.5 Sales, Markdowns, and Promotional Codes
12.5.A Sale and Markdown Items – sale prices are displayed on our website with the current sale price, no further discounts apply.
12.5.B “$10 Off your first order” promotional code, offer valid on full-price GiftBox product only for order equal to or greater than $100, not valid in conjunction with any other offer or promo code offer. One voucher per transaction. Single-use voucher. This code must be used at checkout and cannot be reimbursed post-purchase.
12.5.C “Buy One Get One 50% Off” promotional code, offer valid on selected full-price GiftBox product only, not valid in conjunction with any other offer or promo code offer. This code must be used at checkout and cannot be reimbursed post-purchase.
12.5.D GiftBox Online promotional codes not previously mentioned, from time to time, we offer promo codes for free shipping or further discounts; these promotional codes are not valid in conjunction with any other offer or promo code.

13.Orders
13.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the "Complete Order" button. Orders will be deemed to have been received by GiftBox at the time GiftBox sends an Order confirmation to your nominated e-mail address.
13.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
13.3 GiftBox reserves the right to not accept Orders that request commercial quantities of Goods. If GiftBox is unable to supply your total Order, this Agreement will apply to the supply of all or part of the Order.
13.4 GiftBox will use its best endeavours to supply Orders placed through the Website; however, GiftBox reserves the right to cancel any Order without notice for any reason.
13.5 In the event of a cancelled Order, any payments processed by GiftBox will be promptly refunded.
13.6 Once an order has been placed and payment has been confirmed, the order cannot be changed or cancelled. You may return an order once it has been delivered by following our Returns Process.
13.7 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances, GiftBox accepts no responsibility.

14.Payment
14.1 You may provide your nominated credit card details during the purchase process described on the Website.
14.2 Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, GiftBox will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard).
14.3 You authorise GiftBox to debit such amount from your nominated credit card.
14.4 If your nominated credit card is declined by your financial institution, GiftBox will not be able to guarantee the delivery of the Goods and may contact you to make alternative payment and delivery arrangements.
14.5 GiftBox may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to GiftBox.

15.Delivery, Risk, and Title in the goods
15.1 GiftBox will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order. However, GiftBox will not be liable to you or anyone else for any losses suffered or incurred due to delay.
15.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
15.3 All parcels are delivered using Startrack. Startrack reserves the right to request identification at the time of delivery. If the residence is unoccupied at time of delivery or identification cannot be provided, StarTrack will attempt to re-deliver the following day. If the residence is again unoccupied, the intended resident will be charged a return-to-sender fee and the goods will be returned to GiftBox Online where a full refund will be issued upon receiving goods.

16.Faulty or damaged goods
16.1 GiftBox will use its best endeavours to replace any faulty Goods, or Goods damaged prior to delivery.
16.2 Damaged or faulty Goods will be replaced (at the discretion of GiftBox) or where the replacement of damaged or faulty Goods is not possible (in the opinion of GiftBox), a full refund will be issued for the value of the faulty or damaged Goods.
16.3 All damaged and faulty goods must be returned to GiftBox.

17.Returns
If you have a return, please refer to our returns policy for more information.

18.Indemnity
18.1 You waive, release, discharge, and relinquish any and all claims that you now have or may have against GiftBox which are connected with, arise out of, relate to, or are incidental to the use of the Website.
18.2 You agree to indemnify GiftBox and keep us indemnified and hold harmless from and against any and all claims, loss, damage, taxes, liability, and/or expense that may be incurred by GiftBox arising out of or in connection with the Website by any other person as a result of your, or any person using your password's:
(a) act or omission;
(b) breach of these terms and conditions; or
(c) infringement of any Intellectual Property on the Website.

19.Privacy
Please refer to our website privacy policy for detailed information.

20.General
20.1 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
20.2 A failure or delay by GiftBox to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by GiftBox does not preclude its future exercise or the exercise of any other power or right.

21.International Online Customers
We do not accept any orders from international customers or international credit cards.

22.GiftBox
In these Terms of use, a reference to GiftBox is a reference to GiftBox Online (ABN 44 670 895 904) trading as GiftBox.

23.Layby (in-store service only)
23.1 All goods remain the property of GiftBox until the Lay-by is finalised, i.e., until full payment for the goods is received by GiftBox.

23.2 The minimum lay-by deposit is 20% payable in the initial transaction.

23.3 The price of the goods is to be paid by the customer in fortnightly instalments. Lay-by instalment payments are to be made every 14 days throughout the term of the lay-by period.

23.4 The lay-by must be finalised within 8 weeks of the deposit date.

23.5 GiftBox may cancel the lay-by if not finalised within the specified period noted in item 4.

23.6 No part of the lay-by goods can be separated and collected by the customer until the final payment has been made in full by the customer.

23.7 Any change of customer contact details must be notified to the store where the lay-by originated.

23.8 If you request the cancellation of the lay-by within the 8-week lay-by period and before the collection of the goods, your payments will be refunded.

23.9 Please note that if the agreement is cancelled by you as per clause 8 above, then a termination charge to cover GiftBox's reasonable costs will be applicable for the termination of the Agreement if:
(a) the agreement is terminated by you; and
(b) GiftBox has not breached this Agreement.

23.10 GiftBox may cancel the agreement if:
(a) you have breached a term of this agreement;
(b) GiftBox is no longer engaged in the business; or
(c) the goods to which the agreement relates are no longer available.

23.11 If a lay-by is not finalised within 8 weeks of the deposit date, then all payments including deposit will be refunded to you other than any termination charge that will be deducted from your refund to cover GiftBox's reasonable costs, which will be 50% of the deposit paid by you.

23.12 Please note that GiftBox is entitled to recover any unpaid termination charge from you as a debt if the amounts paid by you under this agreement are not enough to cover the charge.

23.13 All details of the lay-by docket form part of these lay-by conditions.

23.14 Both the customers and GiftBox shall have the benefit of any rights conferred and any warranties and conditions implied by law.

*At least two payments are required (including any deposit paid by the customer, which will comprise the 1st instalment) fortnightly.

In these Terms of Use, a reference to GiftBox is a reference to GIFTBOX ONLINE (ABN 44 670 895 904) trading as GiftBox.