Terms & Conditions

Website: www.gifttree.com.au
Business Name: Gift Tree / Gift Tree AU / Gift Tree Australia / we / us / our These Terms & Conditions govern your access to and use of our website, including any purchase of products through www.gifttree.com.au and any related pages, services, features, or content made available by us. By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree to these Terms, you must not use this website.

1. Eligibility and Use of Website

You may use this website only if you are legally capable of entering into a binding contract under Australian law. By using this website or placing an order, you represent and warrant that:

• you are at least 18 years old or otherwise legally capable of entering into a binding contract;
  
• all information you provide is accurate, current, and complete;
  
• you are authorised to use the payment method submitted; and
  
• your use of the website does not breach any applicable law or third-party right.
  

We reserve the right to refuse service, suspend access, cancel orders, or terminate accounts where we reasonably suspect fraud, misuse, unauthorised activity, policy breach, or conduct that exposes us to legal or commercial risk.

2. Business Model and Fulfilment Structure

Gift Tree operates using a hybrid retail and supplier-fulfillment model. Some products may be stocked directly by us in Australia, while others may be sourced or fulfilled through third-party suppliers, distributors, warehouses, or fulfilment partners in Australia or overseas. By placing an order, you acknowledge and agree that:

• product availability may depend on supplier inventory and fulfilment status;
  
• products may be shipped from different fulfilment locations;
  
• a single order may arrive in multiple parcels;
  
• packaging, branding, labels, and presentation may vary depending on the supplier or fulfilment route used.
  

3. Product Listings, Images, Descriptions, and Availability

We make reasonable efforts to ensure product titles, descriptions, images, specifications, dimensions, colours, materials, and availability are presented as accurately as possible. However:

• product photographs, mock-ups, renderings, and lifestyle images are for general illustration only;
  
• actual products may differ from website images due to supplier updates, manufacturing changes, packaging revisions, screen settings, lighting, photography, or batch variation;
  
• colours, finishes, textures, patterns, dimensions, accessories, materials, and minor design details may vary;
  
• props, décor, or presentation items shown in images are not included unless expressly stated in the product listing.
  

We do not guarantee that any delivered product will be identical in every respect to the website image or product description. All products are offered subject to availability. We reserve the right to withdraw, update, discontinue, replace, or amend any product listing, image, description, specification, or price at any time before order acceptance.

4. Product Sourcing, Variations, and Substitute Fulfilment

Because we source products from multiple suppliers, we reserve the right, at our sole discretion, to fulfil an order using the same product or a substantially similar product from an alternate supplier where necessary due to:

• stock shortages;
  
• supplier unavailability;
  
• discontinued items;
  
• manufacturing updates;
  
• packaging or branding changes;
  
• freight or logistics issues;
  
• import restrictions; or
  
• other operational circumstances beyond our reasonable control.
  

Permitted variations may include differences in:

• branding;
  
• packaging;
  
• labelling;
  
• colour tone;
  
• finish;
  
• pattern placement;
  
• minor design details;
  
• dimensions within reasonable manufacturing tolerances;
  
• included accessories; and
  
• material composition.
  

Where reasonably practicable, we may notify you of a significant supply issue or substitution before dispatch. However, prior notice is not guaranteed in every case, particularly where a substantially similar substitute is supplied to complete your order efficiently. Nothing in this clause excludes or limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

5. Orders and Acceptance

When you place an order, you are making an offer to purchase the selected product(s) subject to these Terms. Receipt of an order confirmation email does not mean your order has been accepted. It only confirms that we have received your order request. Your order is accepted only when we send a dispatch confirmation or otherwise expressly confirm acceptance. We reserve the right, at any time before or after payment, to:

• refuse or cancel any order;
  
• limit quantities;
  
• split shipments;
  
• require additional verification;
  
• substitute substantially similar items in accordance with these Terms; or
  
• cancel all or part of an order due to stock, supplier, payment, pricing, fraud, shipping, legal, or operational issues.
  

If we cancel an order after payment has been received, we may issue a refund, exchange option, or other lawful remedy at our discretion, subject to applicable law.

6. Pricing and Payment

All prices displayed on the website are in Australian Dollars (AUD) unless stated otherwise. Prices are [inclusive/exclusive] of GST.

We reserve the right to correct pricing errors, typographical errors, shipping errors, promotional errors, and product information errors at any time before order acceptance. If an error affects your order, we may cancel the order or contact you with the option to proceed at the correct price. By submitting payment information, you represent and warrant that:

• the payment details provided are valid and accurate;
  
• you are authorised to use that payment method; and
  
• you authorise us and our payment processors to charge the total order amount, including shipping, GST, and any other applicable charges.
  

All payments are subject to verification, fraud checks, and approval by the relevant payment provider. If payment is declined, reversed, disputed, charged back, or otherwise not completed, we may suspend fulfilment, cancel the order, recover losses, and refuse future transactions to the extent permitted by law.

7. Shipping, Delivery, and Risk

We deliver to locations we choose to service. We may refuse shipment to certain addresses, regions, or products at our discretion. Estimated shipping and delivery times are estimates only and are not guaranteed. Delays may occur due to:

• supplier processing times;
  
• courier delays;
  
• customs or import clearance;
  
• incomplete address details;
  
• weather or natural events;
  
• public holidays; or
  
• circumstances beyond our reasonable control.
  

Tracking may not be available for every order or every shipment segment. You are responsible for providing a complete and accurate delivery address. If an order is delayed, returned, refused, or misdelivered due to incorrect information provided by you, we may require additional shipping and handling charges before reshipment. Risk in goods passes to you upon delivery, or at the time otherwise determined by applicable law.

8. Split Shipments and Third-Party Fulfilment

Products within the same order may ship separately and may arrive on different dates. Packaging, return sender details, dispatch location, courier details, parcel branding, or supplier labels may differ from what appears on the website or from your expectations due to our supplier and fulfilment arrangements.

9. Returns, Refunds, Replacements, and Remedies

9.1 General Returns Process

To request a return, replacement, refund, or other remedy, you must contact us and provide:

• your order number;
  
• proof of purchase;
  
• photographs or video where relevant;
  
• a description of the issue; and
  
• any further information reasonably required for assessment.
  

9.2 Change-of-Mind Returns

Unless required by law or expressly stated otherwise on the website, change-of-mind returns are not guaranteed. If we agree to accept a discretionary change-of-mind return:

• the item must be unused, undamaged, and in saleable condition;
  
• original tags and packaging must remain intact where relevant;
  
• return postage is at your cost unless we state otherwise; and
  
• original shipping charges are non-refundable unless required by law.
  

Any discretionary store credit issued by us is separate from your statutory rights.

9.3 Faulty, Damaged, Incorrect, or Not-as-Described Goods

Nothing in these Terms affects your rights under the Australian Consumer Law. If a product is faulty, damaged on arrival, materially incorrect, or not as described, you must notify us promptly and provide supporting evidence. Where a product does not meet a consumer guarantee, we will provide a remedy in accordance with the Australian Consumer Law. Depending on the circumstances and whether the failure is major or minor, the available remedy may include repair, replacement, refund, or another remedy required by law.

9.4 Reasonable Supplier Variations

A product will not be treated as faulty or not as described solely because of a reasonable supplier-related variation permitted under Section 4, provided the item remains of substantially similar type, intended use, and approximate value and your statutory rights are not affected.

10. Pricing Errors

If we discover that a product has been listed at an incorrect price due to a genuine error before dispatch, we may:

• contact you and offer you the option to proceed at the correct price; or
  
• cancel the order and issue a full refund.
  

If the pricing error is obvious and could reasonably have been recognised as an error, we reserve the right to cancel the order before dispatch and refund you in full. Nothing in this clause limits any rights you may have under Australian consumer law.

11. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute, you agree to contact us and provide a reasonable opportunity to review and respond to the issue. If you initiate a chargeback or payment dispute, we may provide these Terms, order records, shipment records, product records, and correspondence to the relevant bank, payment processor, or card issuer. Where a chargeback is determined in our favour, we reserve the right to recover associated costs to the extent permitted by law.

12. Product Restrictions and Legal Compliance

You are responsible for ensuring that any product ordered is lawful to possess, receive, import, store, and use at your location. We reserve the right to refuse, restrict, or cancel any order involving products that are prohibited, restricted, unsafe to ship, or impractical to deliver to your address.

13. Website Use Restrictions

You agree not to:

• use the website unlawfully or fraudulently;
  
• interfere with the website’s operation, security, or performance;
  
• submit false or misleading information;
  
• impersonate another person;
  
• upload malicious code, spam, or harmful material;
  
• reproduce, scrape, copy, or commercially exploit website content without permission; or
  
• engage in abusive, threatening, defamatory, or harassing conduct toward our staff or service providers.
  

We may suspend access, terminate accounts, or cancel orders where we reasonably believe this section has been breached.

14. Intellectual Property

All content on the website, including text, graphics, logos, product descriptions, photographs, images, icons, layout, code, videos, and branding, is owned by us or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, modify, republish, transmit, display, create derivative works from, or commercially exploit any website content without our prior written consent.

15. Reviews, Feedback, and User Content

If you submit reviews, comments, photographs, suggestions, or other content to us or through the website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, display, adapt, and distribute that content in connection with our business. You warrant that any content you submit:

• is accurate;
  
• does not infringe third-party rights;
  
• is not unlawful, defamatory, abusive, obscene, or misleading; and
  
• does not contain harmful code.
  

We may remove or refuse to publish content at our discretion.

16. Privacy

Your use of the website is also governed by our Privacy Policy. We may collect, use, store, and disclose personal information for purposes including:

• processing orders;
  
• arranging delivery;
  
• customer support;
  
• fraud prevention;
  
• account management; and
  
• legal compliance.
  

We may share information with payment processors, courier providers, fulfilment partners, suppliers, service providers, and professional advisers to the extent reasonably necessary to operate our business and fulfil your order. We handle personal information in accordance with the Privacy Act 1988 and, where applicable, the Australian Privacy Principles.

17. Third-Party Services and Links

Our website may contain links to third-party websites, apps, payment services, courier platforms, or external services. We do not control and are not responsible for third-party content, products, policies, or services. Your use of third-party services is at your own risk and may be governed by separate third-party terms.

18. Disclaimer

To the maximum extent permitted by law, and always subject to your statutory rights, the website and all services are provided on an “as is” and “as available” basis. We do not guarantee that:

• the website will always be available, secure, or error-free;
  
• product listings will always be complete, current, or error-free;
  
• supplier packaging, branding, or specifications will remain unchanged; or
  
• deliveries will arrive on a particular date.
  

Nothing in these Terms excludes any rights that cannot lawfully be excluded.

19. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Subject to that, and to the maximum extent permitted by law, we are not liable for any indirect or consequential loss arising out of or related to:

• your use of the website;
  
• shipping delays, courier issues, customs delays, or supplier disruptions;
  
• third-party supplier actions or omissions;
  
• product variations permitted under these Terms; or
  
• website downtime, errors, or security incidents.
  

To the extent permitted by law, our total liability for any claim relating to a product or order shall not exceed the amount actually paid by you for the relevant product or order.

20. Force Majeure

We are not liable for any delay, interruption, or failure in performance caused by events beyond our reasonable control, including natural disasters, severe weather, pandemics, labour disruptions, supplier failures, freight delays, customs issues, cyber incidents, governmental action, or courier network disruption.

21. Changes to Terms

We may update, modify, or replace these Terms at any time by posting the revised version on our website. The revised Terms take effect from the date of posting unless otherwise stated. Your continued use of the website or placement of an order after revised Terms are posted constitutes acceptance of the updated Terms.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of [Insert State or Territory], Australia, and the applicable laws of the Commonwealth of Australia. You agree that any dispute arising out of or relating to these Terms, the website, or any transaction with us will be subject to the non-exclusive jurisdiction of the courts of that State or Territory and the Commonwealth of Australia, unless applicable consumer law requires otherwise.

23. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will remain in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns Policy, and any additional policies expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the website and purchases made through it.

25. Contact Information

If you have questions about these Terms & Conditions, contact: Gift Tree AU
Email: sales@gifttree.com.au
Website: www.gifttree.com.au