The goods delivered under this Agreement shall be of normal quality. Any description of such goods on this web-site has been given by way of identification only and the giving or use of such description shall not constitute a sale.
Goods must be packed with the minimum of packaging material so as to ensure its safe delivery. Environmentally friendly packaging material shall be used wherever practicable.
4. The Order
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
The order shall not be deemed to be complete until payment is made by you and the proceeds cleared for the use by wishing you well. Your contract with Wishing you well only comes into existence when wishing you well forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to wishing you well that you are able to make a legally binding contract.
5. Acceptance of Order
Wishing you well reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. This contract shall be governed by and construed in accordance with the law in effect in the State of NSW Australian and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to wishing you well if the goods are not in accordance with specified requirements.
If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by wishing you well within seven (7) days after receipt of goods by you.
The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
Ownership and property in the goods delivered shall pass from wishing you well to you when wishing you well accepts your offer and begins the delivery process. You may wish to cover this risk by insuring the goods.
Wishing you well shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and wishing you well shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Wishing You Well in respect of any such use wishing you well is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by wishing you well for the consequences of the use of damaged goods by you.
Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of wishing you well implied by the Goods Act, 1958.
8. About this website
This website is owned by Luseq2 Pty Ltd (ACN 116 641 297) trading as wishing you well (ABN 67116641297) (“wishing you well“).
Wishing you well does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of wishing you well.
Wishing you well does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
10. License and Ownership
The copyright for the content on this website is owned or licensed by wishing you well and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of wishing you well. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of wishing you well.
12. Disclaimer of Warranties
Wishing you well makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If Wishing you well is found responsible for any damages, then Wishing you well is only responsible for actual damages. In no event shall wishing you well, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
14. Refund policy
We do not provide refunds after the gift box(es) have been dispatched or if the wrong address was provided at checkout. Wishing you well takes no responsibility for the package once it has been delivered.
15. Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com.
Please contact us within 7 days of delivery of the hamper and we can arrange a replacement of the product (if exchange approved). Unfortunately we can’t offer you a refund or exchange if you contact us more than 7 days after delivery. You may be required to send the damaged product back to the Wishing you well office.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
Please email us with any questions: firstname.lastname@example.org
16. Refunds (if applicable)
Once your refund is approved, we will send you an email to notify you. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
17. Permission to give courier service 'Authority to Leave' for the parcel
By agreeing to the terms and conditions when placing an order you give permission for the parcel to have ‘Authority To Leave’ authorisation and for the courier to leave the parcel in a safe spot if no one is home. This is standard practice and allows the recipient to receive the parcel quickly without delay of organising redelivery or the recipient having to pick up from the closest drop off centre. If you do not wish to give your order ‘Authority To Leave,’ please inform us before your order has been processed, or leave a note in the ‘comments’ section when placing your order.
18. Additional charges:
Wishing you well takes no responsibility if you provide the wrong delivery address after the box has been dispatched. A re-delivery fee may apply is the gift box has been dispatched.
If any orders are returned to us due to an incorrect/insufficient address, inability to access a property, failure to contact a courier after a delivery attempt or failure to collect from the local collection depot or Australia Post outlet, there will be a re-delivery charge at the standard shipping rate.
19. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
20. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy for the purpose of viewing the Content for your own personal use.
21. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
22. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
24. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
25. Substituting products
If a product is out of stock we reserve the right to substitute with the similar product of the same or greater value.
26. Terms and conditions for sale and delivery of alcohol.
Wishing you well supports the responsible service of alcohol. Any alcohol included in our gift boxes are considered a genuine gift to a person and does not exceed two litres. The gift is packaged and presented in such a manner that it would be taken to be a gift. The gift can only be delivered to another adult who is not the purchaser.
Please note: Deliveries containing alcohol cannot be left unattended at premises. The recipient of any gift box that includes alcohol must be over the age of 18 years and be available to sign and receive the delivery.