Terms and Conditions
1. Definitions and Interpretation
In these Terms & Conditions;
“Ladybird Gifts” means Ladybird Gifts Pty Ltd (ABN 56093922412) and includes any of its contractors, servants, agents, successors and assigns.
- 1.1 “Client” means the person or entity nominated as the client in the Order and includes any of its contractors, servants, agents, successors and assigns.
- 1.2 “Goods” means the goods requested by the Client and made available by Ladybird Gifts at the price advertised on its website and/or advised to the Client (inclusive of GST), which price shall be correct at the time of purchase but shall be subject to change without notice.
2. Ordering and Supply of Goods
- 2.1 The Client may place an order (“Order”) for Goods from Ladybird Gifts verbally or in writing.
- 2.2 An Order constitutes an offer by the Client to purchase Goods from Ladybird Gifts pursuant to these Terms & Conditions.
- 2.3 Ladybird Gifts may accept or decline, in whole or in part, any Order. Acceptance may be verbal or in writing, or by Ladybird Gifts delivering or making the Goods available for collection (whichever occurs first). Acceptance of an Order by Ladybird Gifts gives rise to a contract for the supply of the ordered Goods.
- 2.4 Ladybird Gifts may, in its sole discretion, agree to a written request from the Client for cancellation or variation of an Order, including variation to delivery times, prior to dispatch of the Goods. Ladybird Gifts’ acceptance must be in writing.
- 2.5 Ladybird Gifts does not accept any cancellation or variation of an Order under any circumstances following the dispatch of the Goods.
3. Advertised Goods
- 3.1 All Goods advertised by Ladybird Gifts on its website and elsewhere are subject to availability. Ladybird Gifts shall not accept any responsibility for any Goods which are out of stock or which are discontinued whilst advertised online.
- 3.2 Ladybird Gifts uses its best endeavours to ensure that all information provided on its website is complete, accurate and up to date. Ladybird Gifts reserves the right to correct any errors, inaccuracies or omissions after an Order has been placed and to change or update information at any time without prior notice.
- 3.3 Small details and colours may vary between Goods advertised on the Ladybird Gifts website and those supplied to the Client. The quality of individual computer monitors will determine the quality of the resolution of images on the Ladybird Gifts website and Ladybird Gifts does not guarantee that the colours seen by the Client on their screen are an exact match with the colours on the Goods.
- 3.4 If any advertised item in a gift box shall be unavailable, Ladybird Gifts shall have the right to substitute an appropriate item of similar value.
- 3.5 The Client acknowledges and agrees that any gift box containing alcohol may only be sent to a recipient aged 18 years or over and that proof of identification may be requested. The Client indemnifies Ladybird Gifts against any loss or damage which Ladybird Gifts may incur, directly or indirectly, as a result of a breach of this clause.
4. Delivery and Collection
- 4.1 Ladybird Gifts may;
- (a) Make the Goods available for collection at Ladybird Gifts’ premises; or
- (b) Deliver or arrange delivery of the Goods in the manner it deems fit to the delivery address nominated by the Client (“Delivery Address”), which deliveries are generally made during normal working hours Monday to Friday.
- 4.2 Ladybird Gifts shall charge a fee for delivery of the Goods as advertised on the Ladybird Gifts website or as advised by Ladybird Gifts to the Client prior to dispatch of the Goods, which fee may be amended by Ladybird Gifts from time to time. Ladybird Gifts reserves the right to charge additional fees for heavy and/or bulky deliveries.
- 4.3 If the intended recipient of the Goods is not available, the Goods may be left with another person present at the Delivery Address.
- 4.4 If the Delivery Address is unattended, the Goods may be left in a safe place or, if Ladybird Gifts deems it unsafe to leave the Goods, a calling card may be left for the intended recipient to make contact to arrange re-delivery. Ladybird Gifts shall be entitled to charge an additional fee for such re-delivery in accordance with clause 4.2 hereof.
- 4.5 If any information provided by the Client in relation to the Delivery Address is inaccurate, incomplete or misspelt, resulting in Ladybird Gifts needing to arrange re-delivery, then Ladybird Gifts shall be entitled to charge an additional fee for such re-delivery in accordance with clause 4.2 hereof, which fee may be amended by Ladybird Gifts from time to time.
- 4.6 The signature of the deliverer on the delivery docket or other like documentation shall be conclusive evidence that the Goods were delivered.
- 4.7 To the maximum extent permitted by law, Ladybird Gifts shall not be liable to the Client for any costs, loss or damage whatsoever (including indirect or consequential loss) caused directly or indirectly by any delay or failure to deliver the Goods or to make the Goods available for collection on the date or at the time estimated for delivery. The Client must accept and pay for the Goods notwithstanding any extension or delay in the delivery or availability of the Goods.
- 4.8 To the maximum extent permitted by law, Ladybird Gifts shall not be liable to the Client for any property damage or personal injury or death arising from any loading, unloading or delivery of the Goods and the Client indemnifies Ladybird Gifts from any loss or damage suffered by Ladybird Gifts as a result of any property damage or personal injury or death.
- 5.1 Ladybird Gifts shall not provide a refund for Goods for incorrect choice but may, in its discretion, issue a credit voucher if the Goods are returned to Ladybird Gifts in original, unopened packaging within 14 days of the date of dispatch to the Client, with all associated delivery fees borne by the Client. Ladybird Gifts shall be entitled to charge a processing fee for such returns, which shall be deducted from the value of the credit voucher. The Client shall be responsible for all associated delivery and handling fees, which shall be excluded from the value of the credit voucher. No credit vouchers will be issued in respect of Goods sold on sale or as part of a stock clearance.
- 5.2 Any claims by the Client for short delivery, missing parcels, damaged Goods and/or any other claim for adjustment to any invoice, must be;
- (a) Noted by the Client on the delivery docket prior to signing for the Goods; and
- (b) Notified to Ladybird Gifts in writing within 48 hours of delivery of the Goods together with a copy of the original Order, which the Client acknowledges is a sufficient and reasonable time for the Client to inspect the Goods and notify Ladybird Gifts of any discrepancies.
- 5.3 If required by Ladybird Gifts, the Client shall arrange to return any damaged Goods using a courier or an insured delivery service such as Australia Post Registered Mail (with receipted signature) the reasonable cost of which shall be borne by Ladybird Gifts.
6. Passing of Risk
- 6.1 The risk of any loss or damage to or deterioration of the Goods from any cause whatsoever passes from Ladybird Gifts to the Client;
- (a) When the Client collects the Goods from Ladybird Gifts’ premises; or
- (b) When the Goods leave the Ladybird Gifts premises for the purpose of transit to the Client.
- 6.2 For the avoidance of doubt, the Client acknowledges and agrees that Ladybird Gifts shall not be responsible for any loss or damage to or deterioration of the Goods during transit. It is strongly recommended that the Client effect suitable insurance protection for this risk.
7. Retention of Title
- 7.1 The Client agrees that legal and equitable title to the Goods remains with Ladybird Gifts until the Client has paid for the Goods in full and has paid any and all other monies owing to Ladybird Gifts.
- 7.2 Until title to the Goods passes, the Client;
- (a) Holds the Goods as the bailee and fiduciary agent of Ladybird Gifts;
- (b) Must not create or allow to be created any security interest or any other form of encumbrance over the Goods which is inconsistent with Ladybird Gifts’ title to the Goods;
- (c) Must not assign, charge or encumber or grant any interest over any obligations which any third party may owe to the Client as a result of the use or resale of the Goods; and
- (d) May not claim any lien or interest in the Goods to secure any liquidated or un-liquidated debt or obligation that Ladybird Gifts may owe to the Client.
- 7.3 Where the Client has not paid for the Goods in full by the due date for payment then the Client irrevocably authorises Ladybird Gifts to repossess the Goods and to enter any site owned, possessed or controlled by the Client at any time and without notice to search for, inspect or repossess the Goods. Ladybird Gifts is not liable to the Client as a result of any action taken pursuant to this clause.
- 7.4 The Client indemnifies Ladybird Gifts against any claim by a third party arising from, or in connection with Ladybird Gifts enforcing any of its rights in accordance with this clause.
- 7.5 To protect its security interest in goods supplied to the Client until payment in full is received, Ladybird Gifts may choose to register its interest under the Personal Property Securities Act 2009 and the Client agrees to do all things necessary to facilitate such registration.
Goods will not be dispatched by Ladybird Gifts until payment in full in cleared funds has been received from the Client.
- 9.1 The Client shall be taken to have committed an act of “Default” if the Client fails to pay for any Goods in full on the due date for payment in accordance with these Terms & Conditions, or otherwise breaches these Terms & Conditions and fails to rectify such breach within seven days after being given notice to do so.
- 9.2 If the Client commits an act of Default then, without limitation to any of Ladybird Gifts’ other rights, Ladybird Gifts may;
- (a) Suspend further supply of Goods to the Client;
- (b) Require immediate payment of all monies owing to Ladybird Gifts by the Client;
- (c) Immediately repossess any Goods to which title has not passed;
- (d) Charge interest on all monies owing to Ladybird Gifts by the Client at the rate of 10% per annum.
- (e) Recover all costs and expenses incurred in attempting to obtain payment of monies owing in accordance with these Terms & Conditions, including collection and legal costs on an indemnity basis.
- 9.3 The Client agrees to indemnify Ladybird Gifts against any loss or damage which Ladybird Gifts may incur, directly or indirectly, as a result of any breach of these Terms & Conditions by the Client.
All warranties and conditions which may by law be excluded are expressly excluded. Where such warranties or conditions cannot be excluded, modified or restricted Ladybird Gifts’ liability will be limited, at its option, to;
- (a) In the case of goods – the replacement of the goods, the resupply of equivalent goods or payment of the reasonable cost of replacing the goods.
- (b) In the case of services – the resupply of the services or payment of the reasonable cost of resupplying the services.
11. Limitation of Liability
To the maximum extent permitted by law, Ladybird Gifts shall not be liable to the Client or any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by the Client or any third party, whether such liability arises directly or indirectly as a result of;
- (a) Any breach by Ladybird Gifts of its obligations under these Terms & Conditions; or
- (b) The supply, performance or use of any goods or services; or
- (c) Any negligent act or omission or wilful misconduct on the part of Ladybird Gifts.
Ladybird Gifts reserves the right to amend these Terms & Conditions by notice to the Client in writing. The Client shall be deemed to accept any such amendment unless it notifies Ladybird Gifts of objection in writing within seven days of receipt of such notice.
13. Entire Agreement
These Terms & Conditions supersede all prior agreements, arrangements or understandings (whether written or verbal) between the parties with respect to the subject matter of these Terms & Conditions.
If any part of these Terms & Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the Terms & Conditions and the severed part shall not affect the validity and enforceability of any remaining part.
Any failure by Ladybird Gifts to enforce any of the provisions of these Terms & Conditions shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing executed by an authorised representative of Ladybird Gifts.
These Terms & Conditions shall be deemed to have been made in New South Wales and shall be interpreted in accordance with the laws of New South Wales and Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and Australia.
17. Delivery & Shipping
Orders will not be dispatched by Ladybird Gifts until payment is made in full and the funds are cleared. Courier costs are calculated at the time of checkout We can arrange same day delivery to Sydney Metro and Express delivery to anywhere in Australia. Extra costs will apply.
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