Customer Terms & Conditions

The following Terms and Conditions ("Terms") govern the use of the Red Wrappings™ website (the "Site") and the purchase of any goods, products or services from it. By using the Site or purchasing any goods, products or services from Red Wrappings™, you acknowledge that you have read and understood these Terms and agree to accept and be bound by them. We reserve the right to modify and revise our Terms at any time without notice to you. Any such changes shall be effective immediately upon posting of the change onto the Red Wrappings™ website. By using the Site, you agree to review these Terms and shall be conclusively bound by any such future modifications.

1. Definitions

In these Terms:

'Site' shall mean the Red Wrappings™ website where products are offered for sale using the Red Wrappings™ interface.

'Company' shall mean Red Wrappings™ owned and operated by Red Wrappings™ Pty Ltd ABN 30 138 452 838.

'Suppliers' shall mean the individual, company or organisation including their related third parties operating on their behalf, working with Red Wrappings™ to supply products, goods or services under the Red Wrappings™ Supplier Terms of Trade.

'Goods' or 'Products' shall mean any goods, products or services provided or produced by the Supplier and made available to customers through the Red Wrappings™ website .

'Work' shall mean any output using the Intellectual Property of Red Wrappings™ Pty Ltd that includes but is not limited to design, artwork, drawings, graphics, images, sketches, illustrations, paintings, photographs, fonts, dummies, models, mock-ups, negatives, interactive design, navigation elements, or any other items created for Red Wrappings™.

'Intellectual Property' shall mean strategies, concepts, processes, procedures, mechanics, devices, methodologies, tools, skills and skill sets, typesetting, source code and software used or developed for Red Wrappings™.

Definitions within these Terms where written in the singular form include the plural, where written in the plural form include the singular, and variations thereof.

2. Incorporation of Terms of Trade

All dealings or transactions with the Company, including but not limited to the 'Terms of Use' of the Red Wrappings™ website are subject to these Terms.

3. Disclaimer

Red Wrappings™, its affiliates and suppliers take every reasonable step to ensure all information including description of goods, products, services and pricing on the Site are current and as accurate as possible. However, Red Wrappings™ does not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If a product or service offered by Red Wrappings™ is not as described, you are able to return it in unused re-saleable condition. It is a condition of return or exchange that goods have to be returned to Red Wrappings™ undamaged, unopened, unused and in its original condition. Refer to section on Returns and Exchange for conditions on return and exchange of goods and list of goods excluded from the Returns and Exchange policy.

The Red Wrappings™ website is provided on an 'as is' basis. Red Wrappings™ makes no warranty, expressed or implied, on the operation of the Site, nor does it warrant its information, materials or content included within the site. Use of this Site is at your own risk. Red Wrappings™ accepts no responsibility for any outcomes that may arise as a result of misinterpretation of any of the information obtained from the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS; THAT THE QUALITY OF INFORMATION OR SERVICES OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, TROJANS OR SPYWARE, ERRORS OR OTHER HARMFUL COMPONENTS. WE WILL ENDEAVOUR TO ENSURE THAT ITS CONTENT IS ACCURATE AND ERROR-FREE. HOWEVER, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. RED WRAPPINGS™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RED WRAPPINGS™ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. Limitation of Liability

Red Wrappings™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from but not limited to:

- the use of the Site or the inability to use the Site;
- orders placed by customers using the Site
- non-deliveries and late deliveries
- backorders
- misrepresentation of products
- the cost of procurement of products resulting from any goods, data, information or messages received or transactions entered into through or from the Site;
- unauthorised access to or alteration of the user's transmissions or data;
- any other matters relating to the Site.

The Company shall be indemnified and held harmless from and against all claims for loss of profit, damages of any kind (including cost of litigation and legal fees) or injury or death to person(s) caused by, arising from or incidental to the use of the Red Wrappings™ website or the inability to use any software or any other service developed by the Company. The laws of The State of Victoria, Australia govern these Terms and Conditions.

5. Copyright & Intellectual Property

Red Wrappings™ is owned and operated by Red Wrappings™ Pty Ltd ABN 30 138 452 838. All content including text, images, name and logo are copyright Red Wrappings™. You may download the information, images and text as necessary to enable your access to the Site. However, other than the authorised use of the Site under these Terms, you may not retain, copy, reproduce, reverse engineer, modify, distribute or sell any information, images or text on the Site for any purpose, unless authorised by Red Wrappings™ in writing. You agree not to sell, resell, copy, reproduce or distribute this site in whole or in part for any commercial or other purpose. Red Wrappings™ retains full and total ownership of any Intellectual Property it creates for the Site and the Company.

6. Proprietary Rights

You acknowledge and agree that the Site and any software used by and in conjunction with the Site may contain proprietary and confidential information. This information is protected by applicable intellectual property laws and other applicable laws. Red Wrappings™ grants you a non-transferable and non-exclusive licence to use the computer code of its software through your internet browser and you agree not to copy, modify, reverse engineer, or attempt in any way to expose the code for sale, assignment or sub-license, or transfer or exchange any right in the code or its accompanying software, or allow any third party to do likewise. You agree to access the Site solely through the Red Wrappings™ interface.

7. Provision of information

Red Wrappings™ will require you to provide your name, address, contact details, credit card number or other details as necessary to effect the order and delivery of goods. We may also ask you for other details to help us improve our services to you. You agree to provide to Red Wrappings™ information that is current and accurate. Should you enter incorrect details Red Wrappings™ shall not be liable for any consequences arising from the inaccuracy of the information. Where incorrect delivery addresses have been entered, Red Wrappings™ will not be liable for the cost of resending the goods to the correct address.

8. Product Representation

All product descriptions, pricing, images and other details displayed on the Red Wrappings™ website are current at the time of display. We reserve the right to vary the details without notification. We will endeavour to be as accurate as possible with any information we display on the Site. However, Red Wrappings™ does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product or service offered by Red Wrappings™ is not as described, you are able to return it in unused re-saleable condition. It is a condition of return or exchange that goods have to be returned to Red Wrappings™ undamaged, unopened, unused and in its original condition within 14 days from time of original receipt of goods.

9. Placing an order

On receipt and full payment of an order, an email confirmation will be sent to you to confirm your order. By placing an order, you acknowledge that you have read and understood these Terms and agree to accept and be bound by them. Upon confirmation, all orders are subject to our Terms.

10. Order cancellation

Cancellation of orders must be notified to Red Wrappings™ immediately. To cancel an order, you can Call us on +61 7 5580 1231 or email . Once goods are despatched, cancellation of an order cannot be effected.

11. Stock availability

Red Wrappings™ will endeavour to ensure that products displayed on the Site are available. However, Red Wrappings™ cannot guarantee stock availability. As such, Red Wrappings™ will not be liable for stock unavailability or for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, due to stocks being unavailable for purchase.

12. Delivery

We endeavour to deliver your orders within 3-5 working days. For areas outside of major capital cities, remote areas within Australia and areas outside Australia, this may take longer.

Red Wrappings™ shall not be liable for late deliveries or for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from late deliveries.

13. Non-deliveries

If an order does not arrive within the expected time, please notify us at [email protected]. Red Wrappings™ will endeavour to track the status of the delivery and advise you accordingly. If your goods are lost in transit, Red Wrappings™ will replace the item and re-deliver at no cost to you. Red Wrappings™ reserves the right to investigate the nature of the non-delivery before agreeing to replace the item and re-deliver at its cost. If non-delivery is due to an incorrect delivery address provided by you, Red Wrappings™ will not be liable for the cost of replacing or resending the goods to the correct address.

Red Wrappings™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from non-deliveries.

14. Damaged goods

Goods that are damaged in transit or upon delivery must be notified to [email protected] within 7 days on receipt of goods. Red Wrappings™ will replace damaged goods and re-deliver at no cost to you. Red Wrappings™ however reserves the right to investigate the nature of the damage before agreeing to replace the item and re-deliver at its cost. Red Wrappings™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from damaged goods.

15. Defective goods

If a product is deemed to be defective, the warranty conditions (if specified) for that product will apply. Goods that are defective upon delivery must be notified to [email protected] within 7 days on receipt of goods. Red Wrappings™ will replace or repair defective goods and re-deliver at no cost to you. Red Wrappings™ however reserves the right to investigate the nature of the defect before agreeing to replace or repair the item and re-deliver at its cost.

If goods are found to be defective, return freight charges will be borne by Red Wrappings™. Red Wrappings™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from defective goods.

Please note: If goods are found to be not defective on return, the cost of the return and re-delivery will be chargeable to you.

16. Returns & Exchange

You can return and exchange your purchases if you or your gift recipient are not entirely happy with them. Any returns and exchanges must be notified to [email protected] for return instructions within 7 days.

Red Wrappings™ cannot accept return or exchange of the following items:

- Personalised items
- Jewellery
- CDs and DVDs
- Computer games
- Plants, flowers and perishable goods (including all food items)
- Underwear
- Items on Special or Clearance
- Gift Wrap
- Gift Vouchers

These items cannot be refunded.

It is a condition of return and exchange that goods have to be returned to Red Wrappings™
- undamaged, unopened, unused and in its original condition
- in its original packaging, in a saleable condition upon return
- returned within 14 days of delivery

Red Wrappings™ will not be liable for return freight costs. Any costs incurred by you in returning the goods must be borne by you. When returning goods, you are strongly advised to obtain appropriate proof of return. If goods are lost in transit to us, the goods will be deemed as not having been returned to Red Wrappings™. It is also your responsibility to ensure the goods are adequately packaged for return to ensure they are not damaged on return. Goods damaged upon return will be deemed as not in a saleable condition and as such, will not be covered under the Return and Exchange policy. Red Wrappings™ will charge for goods to be redelivered to you.

If goods have been purchased with the "Red Wrap It!" gift wrapping service, the cost of the gift wrapping cannot be refunded, returned or exchanged.

Red Wrappings™ reserve the right to reverse or amend this policy in the future.

17. Warranty

Any warranty terms on a product (if specified) are negotiated by Red Wrappings™ with the Supplier of the product and are offered to customers of Red Wrappings™. To the full extent permissible by applicable law, Red Wrappings™ disclaims all product warranties, expressed or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. Red Wrappings™ will however liaise with the relevant Supplier on your behalf to assist you in this matter.

18. Gift Vouchers

Red Wrappings™ Gift Vouchers can be redeemed on the Red Wrappings™ website. You can only use one Gift Voucher per purchase. When redeeming a Gift Voucher, if the product selected for redemption cost less than the value of the voucher, the balance amount on that voucher cannot be redeemed again. If the value of the selected item exceeds the value of the Gift Voucher, you can pay the difference at the check out using a credit card.

Gift Vouchers must be redeemed at the point of purchasing an item. Once you have paid for an item at check out using your credit card instead of using your voucher, you will be unable to redeem your Gift Voucher for that item.

Gift Vouchers cannot be used to purchase another Gift Voucher.

All Gift Vouchers have an expiry date which is indicated on the Gift Voucher and must be used within that expiry date. Expiry dates cannot be extended under any circumstances. It is the responsibility of the person holding the Gift Voucher to ensure that it is redeemed before the expiry date.

19. 'Red Wrap It!' Gift Wrap Service

The Red Wrappings™ Gift Wrap service includes:
1. having your chosen gift wrapped in red and secured with a white ribbon
2. a personalised Red Wrappings™ gift card with the option to include a personal message
3. a gift tag

20. Privacy

Red Wrappings ™ may collect personally identifiable information from you. Red Wrappings™ will not sell or rent any personally identifiable information that has been provided by its customers.

Our Privacy Policy is posted on the Red Wrappings™ website at www.redwrappings.com.au. Customer data or information shall not be used by any supplier or its related third parties for its own marketing, promotional or any other purposes without your prior permission.

The Company will take reasonable steps to protect the personal information it holds from misuse and loss, and from unauthorised access, modification or disclosure. However, as Red Wrappings™ does not have direct control over its suppliers and third parties involved in the supply of information, goods, products and services for Red Wrappings™, it therefore is not liable for any breach of the Red Wrappings™ Privacy Policy by its suppliers and related third parties.

21. Links

Red Wrappings™ may provide links to other websites on the internet. You acknowledge that Red Wrappings™ will not accept responsibility or accountability for the availability or content of any other websites. Furthermore Red Wrappings™ does not endorse or condone, is not responsible for or liable for any product or service, or any other content made available through links to these sites. You acknowledge and agree to indemnify Red Wrappings™ of any and all responsibility or liability, directly or indirectly for any loss or damage caused or purported to be caused by any link to these sites, or the reliance thereon.

22. General

These Terms constitute the agreement in its entirety and govern your use of the Site and the purchase of products from Red Wrappings™. These Terms are governed by the laws of the State of Victoria, and by the laws of the Commonwealth of Australia. Failure to exercise any right or provision under these laws shall not constitute a waiver. Any provision found by a court of Australian jurisdiction to be invalid shall not void any other part of these Terms. The parties (being Red Wrappings™ and any customer of Red Wrappings™) agree that a court of law shall endeavour to give good effect to the parties' intentions as described within these provisions. The user agrees that regardless of law or statute, any claim or cause arising from or related to the use of the Site must be filed within three months of the occurrence of the claim or cause of action. The user agrees that failure to submit a claim or cause of action within the three month period forfeits any right to such a claim.

23. Liquor Legal Notice

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 $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500). License No. 36134386. In order to comply, the recipient of any goods containing liquor will be required to show proof of age at the time of delivery.