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Honey Truffle Hampers Pty Ltd
Terms and Conditions

  1. DEFINITIONS
    In this document:
    1. Afterpay” means Afterpay Pty Ltd (ACN 169 342 947).
    2. “Agreement” means any contract or agreement, whether formal or informal, written, oral or partly written and partly oral, formed between the Client and Honey Truffle Hampers, including but not limited to by way of Honey Truffle Hampers’ acceptance of an Order placed by the Client on the Website pursuant to clause 4.2.
    3. “Client” means the individual, business, partnership or company entering into an Agreement with Honey Truffle Hampers and includes the Client’s successors and assigns.
    4. Goods” means the provision of goods by Honey Truffle Hampers to the Client including hampers containing gourmet food products, alcoholic and non-alcoholic beverages, jewellery, homewares, and clothing.
    5. Notice” means a notice in accordance with clause 15.
    6. Honey Truffle Hampers” means Honey Truffle Hampers Pty Ltd (ACN 644 309 768) and each related entity as defined in the Corporations Act 2001 (Cth) of Honey Truffle Hampers Pty Ltd (ACN 644 309 768) now or at any time Goods or Services are supplied to the Client in the future.
    7. Order” means an order placed by the Client on the Website for the Goods and/or Services at the Specified Prices.
    8. Party” means each party to an Agreement, including Honey Truffle Hampers and the Client, and “Parties” has a corresponding meaning.
    9. PayPal” means PayPal Australia Pty Ltd (ACN 111 195 389).
    10. “Price” has the meaning stated in clause 5.
    11. Services” means the provision of services by Honey Truffle Hampers to the Client including the delivery of the Goods.
    12. Specified Prices” means the prices specified for the Goods and/or Services as stated on Honey Truffle Hampers’ Website at honeytrufflehampers.com.au and as amended by Honey Truffle Hampers from time to time.
    13. “Terms and Conditions” means the terms and conditions set out herein subject to any amendments expressly made by Honey Truffle Hampers pursuant to clause 3.3.
    14. Website” means Honey Truffle Hampers’ website at honeytrufflehampers.com.au.
    15. Unless context requires otherwise:
      1. the singular includes the plural and vice versa;
      2. a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
      3. a reference to any gender includes all genders;
      4. a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms and Conditions;
      5. a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, restated or replaced from time to time;
      6. a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
      7. a reference to a body, other than a Party to the Contract (including, without limitation, an institute, association or authority), whether statutory or not:
        • which ceases to exist; or
        • whose powers or functions are transferred to another body, is a reference to the body which replaces it, or which substantially succeeds to its powers or functions;
      8. If a party comprises two or more persons, the covenants and Agreements on their part bind and shall be observed and performed by them jointly and each of them severally and may be enforced against any one or any two or more of them;
      9. A reference to a Party includes its executors, administrators, successors and permitted assigns;
      10. No provision of these Terms and Conditions will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms and Conditions or that provision;
      11. Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
      12. All references to A$, $, dollar, or to currency are references to Australian dollars;
      13. “Including” and similar expressions are not and must not be treated as words of limitation; and
      14. Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.
  2. SUPPLY OF GOODS AND/OR SERVICES
    1. Honey Truffle Hampers agrees to provide the Client with the Goods and/or Services subject to these Terms and Conditions. These Terms and Conditions apply in respect of all Agreements, offers to sell, quotations and other commercial transactions for the supply of Goods and/or Services by Honey Truffle Hampers to the Client.
  3. OPERATION AND APPLICATION
    1. The Agreement between the Client and Honey Truffle Hampers shall be upon these Terms and Conditions and shall be read in conjunction with these Terms and Conditions.
    2. These Terms and Conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of Honey Truffle Hampers’ quotations or other communication or documentation and shall supersede all prior Agreements.
    3. From time to time, Honey Truffle Hampers may review and amend these Terms and Conditions of the Agreement and the Client shall be bound by any variation which shall apply to the supply of any of the Goods and/or Services following the effective date of the variation.
  4. ORDERS AND FORMATION OF AGREEMENT
    1. When submitting an Order the Client must follow the instructions on the Website.
    2. An Order submitted by the Client is an offer by the Client to purchase the Goods and/or Services at the Specified Prices. Upon making an Order the Client will receive an order confirmation to the Client’s email address nominated in the Order (“the Confirmation“). The Confirmation is only an acknowledgment of the Order and does not constitute Honey Truffle Hampers’ acceptance of the Order. The Agreement for the purchase of the Goods and/or Services will only be formed, and the Order will have been accepted by Honey Truffle Hampers, once the Client has received delivery confirmation from Honey Truffle Hampers to the Client’s email address nominated in the Order.
    3. Honey Truffle Hampers is not obligated to supply the Goods and/or Services to the Client until Honey Truffle Hampers has accepted the Order pursuant to clause 4.2 above.
    4. Honey Truffle Hampers may, in its sole discretion, refuse to accept an Order for any reason including but not limited to:
      1. unavailability of the Goods;
      2. if the Goods have been included in a sale or promotion by way of error;
      3. if Honey Truffle Hampers cannot deliver to the address nominated in the Order for delivery of the Goods; or
      4. if the Specified Price on the Website is incorrect.
    5. If Honey Truffle Hampers refuses to accept the Client’s order pursuant to clause 4.4 above Honey Truffle Hampers will refund any payment made by the Client.
    6. The Client acknowledges and agrees that if the Client places an Order for Goods that are unavailable or out of stock, Honey Truffle Hampers may replace the unavailable Goods with Goods of a similar value.
  5. PRICE AND PAYMENT
    1. The Client shall pay to Honey Truffle Hampers the price specified for the Goods and/or Services as stated in the Specified Prices as at the date of the Order and all taxes, credit card fees, delivery fees, handling fees, and other charges in respect of the Goods and/or Services (“Price“).
    2. The Client agrees to pay the Price for the Goods and/or Services in accordance with these Terms and Conditions.
    3. The Client must pay for the Goods and/or Services in full at the time of making the Order by one of the payment methods accepted by Honey Truffle Hampers on the Website, including but not limited to credit or debit card, or through Paypal or Afterpay.
    4. The Client warrants that its nominated payment method has sufficient clear funds available to pay the Price.
    5. The Client warrants that:
      1. if its nominated payment method is through PayPal, it has read, understands, and agrees to be bound by PayPal’s terms and conditions as stated on the PayPal website (paypal.com) as amended from time to time; or
      2. if its nominated payment method is through Afterpay, it has read, understands, and agrees to be bound by Afterpay’s terms and conditions as stated on the Afterpay website (afterpay.com) as amended from time to time.
    6. Time of payment is of the essence of the Agreement.
    7. Where the Client has provided details of a debit or credit card for payment to Honey Truffle Hampers in the Agreement, the Client agrees and authorises Honey Truffle Hampers to charge or make deductions from the debit or credit card to satisfy the Price or any part of the Price at any time without notice to the Client.
    8. Honey Truffle Hampers may charge an additional 1.2% to the Client where the Client has provided details of a debit or credit card for payment to Honey Truffle Hampers.
  6. COSTS RECOVERABLE
    1. Should the Client default in the payment of any monies due under any Agreement, then all monies due to Honey Truffle Hampers shall immediately become due and payable and shall be paid by the Client within 7 days of the date of demand.
    2. Honey Truffle Hampers shall be entitled to charge the Client interest calculated at 12% per annum, on the balance of all overdue accounts and invoices from the date of due payment until the date of actual payment.
    3. The Client shall pay on an indemnity basis all expenses, costs and disbursements, including debt collection agency fees, commission and any fees paid to Honey Truffle Hampers’ solicitors (on an indemnity basis) incurred by Honey Truffle Hampers or its appointed agents in recovering payment of any outstanding monies, enforcing its rights under the Agreement, or in investigating or defending any action or threatened actions.
  7. DELIVERY
    1. The Client warrants that the address for delivery of the Goods nominated by the Client at the time of the Order is correct.
    2. Honey Truffle Hampers will not be liable for any damages, loss, costs or charges incurred by the Client due to the Client’s failure to comply with the warranty in clause 7.1.
    3. The Client hereby releases and indemnifies and agrees to keep Honey Truffle Hampers indemnified from any and all costs incurred by Honey Truffle Hampers due to the Client’s failure to comply with the warranty in clause 7.1.
    4. Any time or date named and accepted by Honey Truffle Hampers, including on the Website, for the completion of the Services, including for delivery, dispatch, or arrival of the Goods, is an estimate only and does not constitute a condition of the Agreement or part of the description of the Goods and/or Services and is not of the essence of the Agreement.
    5. Honey Truffle Hampers will not be liable for any damages, loss, costs or charges incurred by the Client due to late completion of the Services or late delivery of the Goods ensuing from any circumstances whatsoever, either within or beyond the control of Honey Truffle Hampers.
  8. FORCE MAJEURE
    1. Honey Truffle Hampers will not be liable for any breach of the Agreement due to any matter or thing beyond Honey Truffle Hampers’ Furthermore, Honey Truffle Hampers is excused from performing any term, covenant or condition required by the Agreement during the time and to the extent that performance is prevented when such performance is prevented wholly or in part by circumstances beyond Honey Truffle Hampers’ control.
  9. NO WARRANTY
    1. Honey Truffle Hampers makes no express warranties to the Client, except those expressly set out in the Agreement and these Terms and Conditions.
    2. Honey Truffle Hampers will not be liable in any circumstances for any loss or damage whatsoever allegedly incurred and arising out of any:
      1. Conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void; and
      2. Alleged liability to the Client in contract for consequential or indirect damages arising out of or in connection with the provision of the Goods and/or Services, or the Agreement, even if Honey Truffle Hampers knew they were possible or they were otherwise unforeseeable, including, without limitation, lost profits and damages suffered as a result of claims by a third party.
    3. The Parties acknowledge and agree that:
      1. any prior representations, agreements and arrangements, including representations as to the suitability of the Goods and/or Services;
      2. any descriptions, illustrations and material contained in any advertisement, website, catalogue, price list or brochure, including on the Website; and
      3. all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, material or workmanship or otherwise, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
        are expressly excluded from, and do not form part of, the Agreement unless specifically stated in the Agreement to the contrary.
    4. The Client acknowledges that damage or defects to the Goods may occur during the provision of the Services and Honey Truffle Hampers makes no guarantee or warranty that the Goods will be free from damage or defects attributable to or caused by the transit or delivery of the Goods.
  10. THE CLIENT’S WARRANTIES
    1. The Client warrants that all information provided by the Client at the time of the Order is complete and correct.
    2. Honey Truffle Hampers will not be liable for any damages, loss, costs or charges incurred by the Client due to the Client’s failure to comply with the warranty in clause 10.1.
    3. The Client warrants that it has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by Honey Truffle Hampers or anyone on its behalf in respect of the Goods and/or Services, other than those that are expressly contained in the Agreement.
    4. If the Client is purchasing Goods containing alcohol, the Client warrants that:
      • the Client is over 18 years of age; and
      • if the Client is obtaining the Goods for or sending the Goods to another person, that person is over 18 years of age.
    5. The Client hereby releases and indemnifies and agrees to keep Honey Truffle Hampers indemnified from any and all costs incurred by Honey Truffle Hampers due to the Client’s failure to comply with the warranty in clause 10.4.
  11. NO LIABILITY FOR THIRD PARTIES
    1. The Client acknowledges and agrees that Honey Truffle Hampers is not liable for any defects attributable to:
      1. the manufacture of any goods that are manufactured by third parties; or
      2. any damage or defects attributable to the provision of services by a third party, including a third party engaged by Honey Truffle Hampers to provide the Services (including to deliver the Goods to the Client).
  12. LIABILITY AND INDEMNITY
    1. Honey Truffle Hampers shall not be liable to the Client or any other party in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits, and the Client agrees that Honey Truffle Hampers may plead these Terms and Conditions as a bar to any such claims whether they arise at law, in equity, under any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.
    2. The Client hereby releases and indemnifies and agrees to keep Honey Truffle Hampers indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions (on an indemnity basis), damages, liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit), whether resulting from breach of contract, tort, warranty, strict liability, statute or any other legal theory or otherwise that Honey Truffle Hampers may incur in relation to the Client or any third party, including where the cost, damage, liability, penalty, fine, expense or loss is caused by or contributed to by Honey Truffle Hampers in any way or for any reason whatsoever.
  13. RETURNS
    1. If the Client believes that the Goods are damaged, defective of faulty and wishes to return the Goods it must give written notice to Honey Truffle Hampers by email to sales@honeytrufflehampers.com.au within 7 days of delivery of the Goods (“Return Request“).
    2. Honey Truffle Hampers may, in its sole discretion, accept or reject the Return Request and specify any terms and reasonable charges upon which such Return Request may be agreed to. If the Goods are defective or faulty, Honey Truffle Hampers will accept the Return Request.
    3. If Honey Truffle Hampers accepts the Return Request, it will provide the Client with a refund to the Client’s nominated account or replacement Goods to the same value as the Goods returned by the Client (“Replacement Goods“).
    4. If Honey Truffle Hampers accepts the Return Request, the Client must return the Goods to Honey Truffle Hampers within 14 business days of Honey Truffle Hampers’ acceptance of the Return Request, to the address specified by Honey Truffle Hampers.
    5. The Client acknowledges that the items in the Replacement Goods may be different from the returned Goods depending on availability and stock of the Goods.
  14. BREACH AND TERMINATION
    1. If the Client defaults in the due and punctual observe of all or any of its obligations, warranties or covenants under the Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any action for its winding up, is placed under official management, administration or receivership, then Honey Truffle Hampers may without prejudice to any other right or remedies it has:
      1. treat as discharged all or any obligation arising from any Agreement;
      2. retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to Honey Truffle Hampers; and
      3. take such steps as Honey Truffle Hampers may deem necessary in its sole discretion to mitigate its damages suffered including the putting to use, sale or disposal of any goods under the Agreement.
    2. In addition to any other rights under the Agreement, Honey Truffle Hampers may terminate the Agreement by notice in writing to the Client immediately upon any one of the following events:
      1. Any deliberate and substantial prevention of or interference with the provision of the Goods and/or Services or progress thereof caused by the Client whether directly or indirectly;
      2. Substantial damage to or interference with the Goods and/or Services or access thereto by any cause beyond the control of Honey Truffle Hampers including (but without limiting in any way the generality thereof) water, flood, fire, storm tempest, rioting, earthquake, pandemic, civil commotion or industrial action;
      3. Any substantial breach of the Agreement or these Terms and Conditions by the Client;
      4. If the Client shall make any assignment for the benefit of or enter into any arrangement or composition with its creditors or go into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or have a receiver appointed or commit an act of bankruptcy or if a sequestration order is made against the Client’s estate;
      5. Any failure by the Client to pay any part of the Price in accordance with clause 5 herein.
    3. If the Agreement is terminated, the Client shall pay Honey Truffle Hampers for all work done by Honey Truffle Hampers, and all goods or materials used or procured by Honey Truffle Hampers and properly chargeable to the date of termination.
  15. NOTICES
    1. A party must give any notice required under these Terms and Conditions or the Agreement in accordance with this clause 15.
    2. A notice must be served at the address or electronic mail address of the party set out in the Agreement.
    3. A party may deliver a notice by hand, post, or by electronic mail.
    4. If before 4.00pm local time in the place of delivery, a party delivers a notice by hand or by electronic mail and the sending party completes the transmission the notice will be taken to be given on the day of delivery or transmission, and in any other case on the next day. If the party gives notice by post the notice will be taken as given on the 7th day in the place of delivery after the notice is posted.
    5. A party may give notice of another address (within Australia) or an electronic mail address for service to the other party, and the new address or the electronic mail address shall be the address for service of the party for the purposes of this clause.
  16. MISCELLANEOUS
    1. Honey Truffle Hampers may assign, sub-contract or sub-let any of Honey Truffle Hampers’ obligations under an Agreement without seeking the consent of the Client.
    2. The Client may not assign, sub-contract or sub-let any of its rights, liabilities, or obligations under any Agreement, without the prior written consent of Honey Truffle Hampers.
    3. The covenants, agreements and obligations contained in any Agreement and these Terms and Conditions will not merge or terminate upon the repudiation or termination of the Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
    4. Any waiver by Honey Truffle Hampers must be in writing signed by Honey Truffle Hampers. Failure by Honey Truffle Hampers to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.
    5. If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions in these Terms and Conditions are not affected.
    6. These Terms and Conditions and the Agreement are governed and are to be construed in accordance with the laws in force in the State of New South Wales.
    7. These Terms and Conditions and the Agreement are subject to the exclusive jurisdiction of the Courts of New South Wales.
  17. RECEIPT AND ADVICE
    1. The Client hereby acknowledges receipt of these Terms and Conditions and agrees to be bound by them. The Client accepts these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable. The Client further acknowledges that it has had the opportunity to obtain independent legal advice and that the Client understands the Terms and Conditions outlined above.