TERMS AND CONDITIONS
Terms & Conditions
THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.SHARINGISCARINGAUSTRALIA.COM AND THE PURCHASE OF ANY GOODS AND SERVICES FROM IT.
www.sharingiscaringaustralia.com is owned and operated by Media Space Pty Ltd (ABN 72 631 060 921). When we say “you, your” etc, we mean the person using our site. When we say “our, we, us” etc, we mean SHARING IS CARING (Media Space Pty Ltd). Please note that by using this website you agree to be bound by its terms, conditions, disclaimers, and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions.
Prices and Payment
You agree to pay for all products and services you order. Prices given on product pages exclude delivery (see below under delivery for more detail). The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by Visa and Mastercard. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.
SHARING IS CARING offers a same-day delivery service across Melbourne, Geelong, Bellarine Peninsula and the Surf Coast via local courier. These same areas are also serviced by a set-day delivery where you can select your future delivery date and we will deliver on that date via local courier. The rest of Australia is serviced via Australia Post Express Post. Australia Post orders are dispatched within 48 hours of order being placed (majority of orders are dispatched the day of order being placed). 90% of Australia Post orders are delivered within 1-2 days of dispatch however, sometimes they can take a little bit longer (up to 5 days) depending on delivery location and Australia Post timelines. Please refer to Australia Post shipping timelines for an accurate and up to date estimate of current shipping times. The cost of delivery is dependent on delivery type and area. Delivery costs start at $18. Delivery costs are subject to change and will be updated on our website as the changes occur. Our delivery times are 9am - 7pm, Monday to Sunday. Please note we are not able to guarantee delivery at a specific time of day. A block out delivery date is a date where we are not offering delivery. This applies to same day and set day delivery and will be shown as an unclickable date on the calendar at check out. Block out delivery dates are rare. In the circumstance of a gift not being received by the recipient, please email email@example.com and we will investigate with our couriers and provide a resolution within 24 hours. Unfortunately, we cannot send to PO Boxes as part of our same-day or next-day delivery options.
Third-party courier service
SHARING IS CARING uses reputable third-party contract couriers to deliver gifts across Australia, including but not limited to Australia Post. Due to the reliance on third-party courier services, SHARING IS CARING cannot be held responsible for delays during transit. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a gift not arriving at a certain time or place. Once a gift has been delivered to a concierge or front desk at the address specified we cannot be held responsible for the gift getting to the recipient. In regards to hospital deliveries, if the patient has been discharged the gift will be returned to SHARING IS CARING HQ and a re-delivery fee will apply. In the unfortunate event of a delay or delivery issue, SHARING IS CARING will work with the customer to assist in resolving any issues that may be a result of a third-party failure.
A gift is considered as undeliverable if (i) the Recipient’s address is incomplete, incorrect, or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift (iii) the delivery is refused by the recipient before opening the package.
All undeliverable gifts will either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to SHARING IS CARING HQ where the customer will be liable for all charges and fees incurred in returning, storing, or disposing of an undeliverable gift. When a gift is re-directed to a local post office a courier card will be left at the recipient’s address to inform them of their local collection point. Due to the perishable nature of some of our products (e.g. flowers), it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the courier card. SHARING IS CARING cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24-hour time frame from the date and time of attempted delivery.
Units and apartment buildings
Couriers sometimes face problems with delivering goods to units and apartment buildings which can result in gifts arriving late, going missing, or being returned to the closest SHARING IS CARING HQ. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’ and either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to SHARING IS CARING HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.
In the event of an undeliverable gift being re-directed to a local post office, a courier card will be left at the original delivery address to inform the recipient where to collect the gift. SHARING IS CARING is not responsible for gifts not collected by the recipient.
Incorrect and incomplete addresses
Please be very careful in providing us with correct, complete, and up-to-date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to SHARING IS CARING HQ, we can redeliver but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished. If you identify that you have provided incorrect or incomplete delivery information, please email firstname.lastname@example.org with correct delivery details. If your order has not been processed we will be able to update delivery details.
Substitution and Seasonal Availability Disclaimer
SHARING IS CARING endeavors to fulfill all orders in compliance with product descriptions, however, flower orders may be subject to seasonal and product availability. SHARING IS CARING reserves the right to substitute flower varieties when necessary, however, we will always take utmost care to ensure the final product is similar in quality to the requested item. For our gifts, where a product is not available, we will substitute for a similar product with equal or higher value. Substitutions and alterations to the style of a product will always be of similar quality and value.
Days of operation
We operate seven days a week, year round. Black out delivery dates are dates we do not offer our same day and set day delivery service. These dates are shown as unclickable dates on the calendar at check out. Black out delivery dates may also be advertised on our website. Australia Post delivery dates are subject to the operation dates of Australia Post.
Warranties, refunds, and cancellations
Due to our quick turnaround times, we’re unable to refund if you change your mind about a ‘same day’ purchase or if we have already ‘processed’ your set day or Australia Post order. This can be seen by receiving the ‘processing’ email. We are also unable to offer a refund if incorrect delivery information is given to us. It’s the sender’s responsibility to make sure they provide us with detailed and accurate delivery instructions. If the wrong delivery address is given we can re-deliver, but this may be at an additional cost. Cancellations can be requested by emailing email@example.com or by dropping us a line on (03) 4227 3751. Every flower is different and some are more delicate than others. You should expect your flowers to last at least 3 days. If for any reason (excluding extreme spikes in temperature) they last less than 3 days, or you’re not happy with your order, please let us know immediately so we can do our best to put things right. If you are at all unsatisfied with our gift order, please let us know within 48 hours so that we can discuss and find resolution.
Liability and general matters
We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on firstname.lastname@example.org
WARNING: Under the Liquor Control Reform Act 1998 it is an offence
– To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000)
– For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $700)
User Content and Content Rules
Images uploaded by a User on SHARING IS CARING AUSTRALIA .com are treated as "User Content" for the purposes of these Terms.
You must not upload User Content, or otherwise deal with User Content through SHARING IS CARING , if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to SHARING IS CARING or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it;
infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to SHARING IS CARING and to authorise the subsequent use of it;
infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
contravene any applicable law (including, without limitation, any criminal law) or regulation;
include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
misrepresent the User's identity in any way or impersonate any person;
contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
harass, upset, embarrass, alarm or annoy any person;
give the impression that it emanates from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site.
We may without notice cancel any Personalised Photo product order which appears to breach our Content Policy.
Promotion Terms and Conditions
‘Discounts and offers’
These Terms and Conditions govern all SHARING IS CARING discounts and promotions. Participation in a SHARING IS CARING discount or promotion is deemed acceptance of these Terms and Conditions. Any purchase not complying with these Terms and Conditions is invalid.
1.1 The promotional discount is available to individual purchasers only. It is not applicable to institutional or trade purchases.
1.2 The promotional discount is only valid for purchases made online via www.Sharing is Caring AUSTRALIA .com
1.3 Promotional discount codes can only be used once per individual. Only one promotional discount code can be used per order.
1.4 A promotional discount code cannot be used:
1.4.1 after an order has been placed; or
1.4.2 in conjunction with any other offer or discount
1.5 Promotional discounts are:
1.5.1 only available while stocks last;
1.5.2 non-transferable, not for resale, and not redeemable for cash; and
1.6.3 only valid for one use per customer
1.7 SHARING IS CARING reserves the right to withdraw, amend or cancel a discount offer at any time.
2.1 SHARING IS CARING reserves the right to withdraw any promotion codes or offers at any time and without notice.
2.2 All promo codes exclude SHARING IS CARING loves items and cannot be used in conjunction with codes or offers.
3.2 SHARING IS CARING reserves the right to amend these Terms and Conditions at any time. Any revised version will be effective immediately that it is displayed on this website.
3.3 In the event that these Terms and Conditions are translated into any language other than English, the terms of the English Language version shall prevail in the event of any conflict.
Prizes, Giveaways & Substitutions
4.1 If the prize specified by SHARING IS CARING in a giveaway is not available for any reason at the time of sending, we will substitute the prize for a product of equal or greater value, decided by SHARING IS CARING .
4.1.1 This includes but is not limited to:
If the prize is flowers but the recipient lives outside our flower delivery zone.
If the winner of the prize is deemed to have entered under false pretences or have not followed the guidelines of the competition or giveaway.
5.1 The Promoter is SHARING IS CARING (Media Space Pty Ltd), having its registered office at Inshore Drive, Torquay VIC.
5.2 These Terms and Conditions shall be governed by the law of Victoria, Australia.