These Terms and Conditions constitute a contract between the customer (you) and Loma Investments Pty Ltd trading as Gift Hampers by Hamperesque (ACN 103 890 955) of 6/66 Maryborough Street, Fyshwick.

These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods from www.myer.com.au/hampers.  

Please read the following Terms and Conditions carefully before placing your Order with Gift Hampers by Hamperesque. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or if you have any questions, please email our Customer Service Centre on sales@myerhampers.com.au, and a representative will be happy to help you.

1.    Definitions

The following definitions apply to these Terms and Conditions:

Business Days means a week day on which trading banks are open for the transaction of banking business in ACT.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form, excluding Post Office Boxes.

Delivery Agent means any nominated third party delivery company for Gift Hampers by Hamperesque.

Delivery Fee means the fees charged by the Delivery Agent for the delivery of Goods in accordance with clause 7, as amended from time to time.

Goods or Products means the items offered for sale, described and displayed on the Website.

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Myer means Myer Pty Ltd ACN 004 143 239.

MYER one Card means a MYER one membership card (including any additional card or temporary MYER one card) that is linked to your MYER one program account.

MYER one Program means the program called “MYER one" operated by Myer Pty Ltd (ABN 83 004 143 239) of 800 Collins Street, Docklands, Australia, in which members earn Shopping Credits, receive MYER one gift cards and other benefits.

MYER one Program Terms and Conditions means the terms and conditions with respect to the MYER one Program, located at www.myerone.com.au.

Order means a request by you to purchase Goods from Gift Hampers by Hamperesque in accordance with these Terms and Conditions.

Order Confirmation means an electronic confirmation of your Order, containing the details of your transaction.

Personal Data means the data collected at the time of placing the order including the billing details and shipping details.

Price means the purchase price of each Good as specified on the Website.

Privacy Notice means the Gift Hampers by Hamperesque Privacy Notice found on this website.

Returns Policy means the Gift Hampers by Hamperesque Returns Policy found on this website.

Shopping Credits means the points earned by you (including on your behalf by an additional cardholder) in accordance with the MYER one Program Terms and Conditions.

Taxes means any taxes (including value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.

Terms and Conditions means theses terms and conditions, as amended from time to time.

We or us means Loma Investments Pty Ltd trading as Gift Hampers by Hamperesque (ACN 103 890 955).

Website means www.myer.com.au/hampers.

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

You or Your means you as the purchaser of Goods pursuant to these Terms and Conditions.

2.    Compliance with Terms and Conditions

2.1    You agree to be bound by these Terms and Conditions when you submit an Order.

2.2    Each Order you place will be a separate and binding agreement between you and Gift Hampers by Hamperesque with respect to the supply of Goods, in accordance with these Terms and Conditions.

3.    Placing Orders for Goods

3.1    You may place an Order through the Website by completing and submitting the electronic Order form on the Website.

3.2    An Order submitted by you through the Website is an offer by you to Gift Hampers by Hamperesque to purchase Goods for the Price (plus any additional Delivery Fee) as specified at the time of submission of the Order.

3.3    In completing the electronic Order form, you agree to provide us with complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order.  This information will also be used by the Delivery Agent to fulfill your Order. Neither Myer nor Gift Hampers by Hamperesque will be liable to you for your loss or that of any third party for failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order.

You also agree to obtain consent from your nominated recipient for gifts to provide us with their personal details.

3.4    You may only place an Order through the Website if you are over the age of 18.  

3.5    You must check your Order carefully prior to submitting your Order with us. Gift Hampers by Hamperesque does not allow you to cancel your Order, however, we will allow you to return Goods in accordance with the Refunds & Returns Policy.

3.6    Once you submit your Order, changes to your Order cannot be made. It is your responsibility to check and ensure that the electronic Order form is correct, including the Goods selected and the quantities stated.

3.7    Where you place consecutive or separate Orders for Goods, we cannot consolidate the Order into one. A separate Delivery Fee will apply to each Order. Subject to clause 3.3, you can order as many Goods as you would like in an Order.

3.8    You will be provided with an automatic Order number upon submission of your Order to the Website.

4.    Acceptance and rejection of Orders

4.1    Gift Hampers by Hamperesque reserves the right to accept or reject your Order for any reason at any time.

4.2    When we accept an Order, it represents an agreement by Gift Hampers by Hamperesque to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3    In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within 3 Business Days after the placement of the Order.  Neither Myer nor Gift Hampers by Hamperesque will be liable to you for your loss or that of any third party for the rejection of an Order.

4.4    Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Gift Hampers by Hamperesque is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

5.    Availability of Goods

5.1    You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil your Order.  Where we are unable to fulfil all of your Order, we will reject the Order in accordance with clause 4. Where we are only able to partially fulfil your Order, we will proceed to send you the component of the Order we are capable of fulfilling, and will reject the remainder of the Order in accordance with clause 4. If you are not satisfied with the partial fulfilment of your Order, you can return it to us in accordance with the Returns Policy.

5.2    We reserve the right to withdraw, or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, neither Myer nor Gift Hampers by Hamperesque will be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3    Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process a refund of any money paid to us in respect of that Good within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Gift Hampers by Hamperesque is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.4.    Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, pricing or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Gift Hampers by Hamperesque will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return it to us in accordance with the Refunds & Returns Policy.

5.5    You acknowledge and agree that:

(a)    all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;

(b)    you have read any corresponding written description of the Goods prior to submitting your Order;

(c)    the colour of Goods as shown on the Website may vary slightly in shade in real life;

(d)    where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and

(e)    any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

6.    Price and payment

6.1    The Price in respect of a Good is specified on the Website.

6.2    Unless otherwise stated, all Prices quoted are in Australian Dollars and are inclusive of Goods and Services Tax (GST) of 10% expect where GST does not apply and exclusive of any applicable Delivery Fees.

6.3    Gift Hampers by Hamperesque reserves the right to change or alter Prices of Goods on the Website without notice to you (unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing).

6.4    In respect of any Order, we will charge you and you agree to pay:

(a)    the Price (which is the Price at the time the Order is submitted); and

(b)    the Delivery Fees.

Depending on your card issuer, this payment may incur an international transaction fee of 1-3% of the transaction value. This fee will either show in your statement as a separate item or be included into the transaction amount.

6.5    In respect of any Order certain Taxes may be levied by:

(a)    the destination country to which your Goods will be delivered; and/or

(b)    the country from which the Goods are shipped (where your Order is in relation to Goods purchased by you direct from our suppliers). You will be the importer of record for the purpose of customs and border processing. As the importer of the Goods, you agree that you are liable to pay such Taxes with respect to the Goods to the relevant authority in addition to your payment to us under clause 6.4. It is your responsibility to determine whether any such Taxes apply in your destination country for delivery or the country from which the Goods are shipped.  You agree that Gift Hampers by Hamperesque is not liable to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay Taxes in a particular jurisdiction.

6.6    You can pay for your Goods by credit card (Visa, MasterCard or AMEX) and you authorise Gift Hampers by Hamperesque to take such payment.  The name on the credit card used for the payment must match the name on the Order.  All payments for Goods purchased from Gift Hampers by Hamperesque are processed by Gift Hampers by Hamperesque’s payment data processor.

6.7    Gift cards of any form cannot be used as a form of tender for purchases from the Website.

6.8    You acknowledge and agree that any payment in respect of an Order must be cleared by Gift Hampers by Hamperesque before Goods which are the subject of an Order are despatched.  If your payment cannot be processed, your Order will be rejected and you will be notified immediately on the Website.

6.9    In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.10    You will receive an Order Confirmation email once payment in respect of your Order has been processed.

7.     Purchase of Alcohol

7.1    It is an offence to supply alcohol to a person under the age of 18 years and for a person under the age of 18 to purchase or receive alcohol. 

7.2    Gift Hampers by Hamperesque reserve the right to make further enquiries as to the age of any purchaser of liquor.

7.3    Alcohol cannot be delivered to or received by any person under the age of 18.

7.4    Myer Hampers are provided by Loma Investments Pty Limited t/as Gift Hampers by Hamperesque.     Hamperesque is authorised to sell liquor in accordance with its Liquor Licence, registered in the Australian Capital Territory.  Hamperesque holds a registered Liquor Licence number 14005535. 

8.    Delivery

8.1    Gift Hampers by Hamperesque arranges the delivery of your Order through a nominated Delivery Agent. You acknowledge and agree that you are the importer on record with respect to the delivery of Goods.  For information concerning the Delivery Fees applicable to your Order, see the Delivery section of the Website.

8.2    You may only have your Order delivered to the one Delivery Address (i.e. you cannot have multiple Delivery Addresses).

8.3    Goods cannot be delivered to a PO Box address.

8.4    Gift Hampers by Hamperesque will use reasonable endeavours to despatch your Goods to the Delivery Agent within two Business Days from the acceptance of your Order.

8.5     Any questions concerning the delivery of your Order should be directed our Customer Service Centre on 1300 134 115.

8.6    You acknowledge and agree that the delivery of your Order is subject to a satisfactory inspection and clearance of Goods by customs authorities in the destination country in which your Goods will be delivered.  

8.7    Gift Hampers by Hamperesque aims to achieve the delivery time frames specified in the Delivery section of the Website.  However, from time to time, this may not be achievable. You acknowledge and agree that notwithstanding anything else in this clause:

(a)    Gift Hampers by Hamperesque cannot guarantee that delivery will occur in the delivery time frames specified in the Delivery section of this website.

(b)    delivery time frames may change from time to time due to unforeseen circumstances;

(c)    inspections and clearance by customs authorities in the destination country in which your Goods will be delivered may cause delays, or in some circumstances, prevent your Goods from being delivered; and   

(d)    Gift Hampers by Hamperesque is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.  

8.8    Delivery of Goods will take place at the Delivery Address specified by you on the electronic Order form.

8.9    On delivery, the Delivery Agent may require you to provide them with proof of your identity and age (including photographic identification).  You may be required to sign a delivery docket to confirm that the delivery has taken place.

8.10          If there is a problem with delivery because:

(a)    you are not available at the Delivery Address;

(b)    there is limited access to the Delivery Address, or it is not safe or practical to delivery to the Delivery Address;

(c)    you refuse delivery for whatever reason;

(d)    you do not meet the requirements of clause 8.2; or

(e)    you have not complied with customs or other border requirements as the importer of record for the Goods;

then:

(d)    the Goods will not be delivered to you; and

(e)    a calling card will be left for you to collect your Goods from the Delivery Agent.

8.11    Upon delivery, you must inspect and test your Goods, and check whether the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, or the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If parts of Goods are missing from the Order, you can either contact the manufacturer of the Goods (usually noted on the packaging of the Goods) or contact our Customer Service Centre on 1300 134 115.  If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. You can otherwise return Goods in accordance with the Returns Policy, as set out in clause 10.

8.12    Where you do not collect your Goods from the Delivery Agent within 28 days of a failed delivery in accordance with clause 7.9, you should contact our Customer Service Centre on 1300 134 115 for further information with respect to claiming your Order.

9.    Restricted Goods

9.1    You acknowledge and agree that some Goods may be subject to certain restrictions in the jurisdiction of the Delivery Address, including any Goods which may not be delivered to a minor (for example, alcohol and tobacco) (Restricted Goods).   You are responsible for ensuring that the Goods can be lawfully imported to the destination country.

9.2    You agree that in ordering Goods that are or contain Restricted Goods, that:

(a)    you are aged 18 years or over;

(b)    you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and

(c)    you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.

10.    Risk and Title

10.1    Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent in the country of export.

11.    Order Cancellations, Returns and recalls

11.1    No cancellations of Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.  You will, however, be able to return Goods in accordance with the Refunds & Returns Policy.  

11.2    Goods can only be returned to Gift Hampers by Hamperesque in accordance with the terms of the Refunds & Returns Policy. The Refunds & Returns Policy forms part of these Terms and Conditions.

11.3    Where a Good is subject to a product recall, a notice will be posted on the Notice section of the Website. You can return the Goods the subject of the product recall in accordance with the Refunds & Returns Policy.

12    MYER one

12.1    If you are a MYER one Member, you will earn Shopping Credits in accordance with the MYER one Program Terms and Conditions by specifying your MYER one membership number (located on your MYER one Card) on the Order form. By specifying your MYER one membership number in your Order, you represent that you are the person specified on that MYER one Card, and you have complied with the MYER one Program Conditions and you consent to Gift Hampers by Hamperesque and Myer Pty Ltd sharing your Personal Information for this purpose.

12.2    In accordance with the MYER one Program Terms and Conditions, you will earn two Shopping Credits for each Australian dollar spent on the Website, however, this may vary as advised to you by Gift Hampers by Hamperesque or MYER one from time to time.

12.3    For MYER one Program Terms and Conditions or to join MYER one, visit our FAQ section for more information or www.myer.com.au

13.    Privacy

13.1    Personal Data that you provide to us during the order process will be kept and used by us in accordance with the Privacy Policy found on this website.  Your Personal Data will be provided to Myer. 

14.    Website Terms

14.1    Your use of the Website is bound by the Website Terms found on this website.

15.    Warranties you make to Gift Hampers by Hamperesque

15.1    You represent and warrant to Gift Hampers by Hamperesque that:

(a)    all information (including Personal Data) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide his Personal Data to Gift Hampers by Hamperesque;

(b)    any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;

(c)    you are over the age of 18;

(d)    in placing your Order, you have complied with all Laws; and

(e)    for the purpose of the delivery of your Order, you are and will hold yourself out to be, the importer of record for customs and border clearance purposes.

16.    Myer and Gift Hampers by Hamperesque’ liability to you

16.1    Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, neither Myer nor we will be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

16.2    Subject to any rights you have under any consumer protection law, Myer and Gift Hampers by Hamperesque exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.

16.3    Myer’s and our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

16.4    Any express manufacturer’s warranty accompanying the Goods you purchase is a warranty between you and the manufacturer with respect to the performance of the Goods. In the event that you make a claim under that warranty, you must contact the manufacturer directly. Gift Hampers by Hamperesque does not make any express warranties with respect to Goods sold on the Website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

17.    Termination

17.1    Gift Hampers by Hamperesque reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:

(a)    for convenience, at any time, upon provision of notice to you;

(b)    immediately:

(i)    if Gift Hampers by Hamperesque reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or

(ii)    if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

18.    General

18.1    Allergy Information - some of the Hampers & Bouquets may contain traces of Nuts.

18.2    Gift Hampers by Hamperesque reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Gift Hampers by Hamperesque with respect to that Order.

18.3    Gift Hampers by Hamperesque may give notice to you by electronic mail. You may give notice to Gift Hampers by Hamperesque by electronic mail to sales@myerhampers.com.au.

18.4    Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

18.5    A failure or delay by Gift Hampers by Hamperesque to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by Gift Hampers by Hamperesque does not prelude its future exercise or the exercise of any power or right.

18.6    The laws of ACT, Australia, govern these Terms and Conditions.