Terms and Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website. These conditions are current as of October 1, 2018.
1. Products and Payment
1.1. All payments are processed in Australian dollars (AUD).
1.2. In the event that an item is not available, Be Present Gifts will replace that item with one of similar appearance and of equal or greater value.
1.3. For photographic purposes we may have used props in photographs. Unless an item is listed, it is not included in the gift box.
1.4. You must be at least 18 years old to create an account with us and purchase online.
1.5. In the rare event of a reaction or side effect from a product, Be Present Gifts does not accept responsibility. The product company is responsible and specific questions regarding reactions should be sent to the product company directly.
1.6. Be Present Gifts has the right to refuse sale and to cancel the sale contract at any time if deemed necessary.
1.7. By ordering from our website, you agree not to commercially re-sell or reproduce any of the products. Commercially reselling the products is a breach of these terms and conditions and your agreement with us.
1.8. Depending on where you are located, you will be given various delivery options. The amount of the delivery fee will depend on the delivery option you decide to choose. You will be able to find all the delivery methods available for your country during the checkout process.
1.9. By placing an order on our website, you guarantee to us that you are at least 18 years of age. You agree to provide the following:
Your legal name
Your current email address
Your current billing address
A delivery address (this maybe the same as your billing address)
A contact phone number (in case we need to speak to you about your order)
1.10. By using Paypal you accept PayPal’s terms and conditions.
2.1. Be Present Gifts do not accept responsibility in the event that a gift box is missing or damaged if delivered without a signature.
2.2. All delivery requests are an approximation only and are conducted by companies external to Be Present Gifts. While we will endeavour to ensure delivery is within the specified time frame given by the delivery company, this is not always possible due to unforeseen circumstances. You agree that late delivery does not constitute or refund or cancellation of your order.
2.3. No deliveries are made on weekends or public holidays. Delivery timeframes are shown in business days and are intended as a guide only. Please read delivery times carefully.
2.4. If you choose to collect your gift box by local pick up, Be Present Gifts does not accept responsibility if the box is damaged or missing.
2.5. An order will not be processed until payment is received in full by Be Present Gifts.
2.6. Please enter all delivery details carefully. Inaccurate or misspelt delivery information often results in delays in delivery. Be Present Gifts does not accept liability if a gift box is delivered to the wrong address due to incorrect details entered. In instances where re-delivery is required due to wrong information being entered, a re-delivery fee will be charged.
3. Returns and Cancellations
3.1. All cancellation of orders must be done with 12 hours of confirmation of purchase, cancellation after 12 hours will not be accepted. We do not accept cancellations under any circumstances once the gift box has left our premises.
3.2. Once payment has been made, Be Present Gifts has the right to refuse to amend an order at the customers request.
3.3. Returns are accepted only in the event that a product within the gift box is damaged and proof of damage must be provided. Return costs are the responsibility of the customer.
3.4. Refunds will only be issued in the event that a product is damaged and the gift box and products are returned in their complete and original condition.
3.5. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:
Strikes or other industrial action. Civil commotion, terrorism or threat of, war or threat or preparation for. Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster. Disruption to supplies or delivery methods. Acts of government or regulatory bodies. Disruption to public or private telecommunications networks.
4.1. The information published on this website, both written words and images, are intended as information only and are not intended to be considered 'advice' for individual conditions or based on tried and proven research. We recommend speaking with your doctor or pharmacist if you are suffering from a medical condition and before changing your personal care regime, products or diet. Only your doctor or pharmacist can provide you with medical advice on what is safe and effective for you.
4.2. Your use of any information or materials on this website is entirely at your own risk, for which Be Present Gifts is not liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4.3. By visiting this website, videos, newsletter, by following Be Present Gifts on any social media platform or by purchasing any products from Be Present Gifts you agree to the Terms and Conditions outlined.
5.1. We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
6.1. Copyright exists in the websites, videos, newsletter and all social media posts from Be Present Gifts and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios, recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
7. Competitions and Prizes
7.1. To enter our competitions, entrants must complete all requirements as listed on the website or social media platform and entries must be received by the promoter by the close of business on the specified closing date (AWST).
7.2. The winner may be required to take part in promotional activity related to the prize draw and the winner shall participate in such activities at our reasonable request. The winner consents to the use by us and our related entities, both before and after the closing date of the prize draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites or social media hosted by us and our related entities) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the prize draw, all entrants consent to the same.
7.3. The judges’ decision is final and binding. As such, no correspondence will be entered into.
7.4. Be Present Gifts accepts no responsibility for any damage loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize. If any prize is unavailable, for whatever reason, the promoter reserves the right to substitute the prize for a prize of equal or lesser value.
7.5. Each entrant’s personal information (‘PI’) is collected to enable the promoter to administer and promote this competition and the winner. The PI of winners may be provided to third parties who are assisting the promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the promoter at its sole discretion, to be ineligible to win a prize. Errors and omissions may be accepted at the promoter’s discretion. Failure by the promoter to enforce any of its rights at any state does not constitute a waiver of those rights.
Be Present Gifts can be reached for any question regarding these Terms and Conditions and matters connected to orders and purchase at the following email address: firstname.lastname@example.org.