Terms & Conditions

  1. About the Website
    1. Welcome to www.firstclasshampers.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
    2. The Website is operated by First Class Hampers Pty Ltd (acn: 122 866 988) t/a First Class Hampers (‘FCH’). Access to and use of the Website, or any of its associated Products or Services, is provided by FCH. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
    3. FCH reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FCH updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FCH in the user interface.
  3. Registration to use the Purchase Services
    1. In order to access the Purchase Services, you may be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Email address
      2. Preferred username
      3. Mailing address
      4. Telephone number
      5. Password
    2. You warrant that any information you give to FCH in the course of completing the registration process will always be accurate, correct and up to date.
    3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
    4. FCH will create a user account for you if you make an order by telephone or e-mail. In this case, you must ensure that information is up to date and accurate as per cl. 3.2.
    5. FCH reserves the right, at its sole discretion to refuse any order placed with FCH.
    6. You may not use the Purchase Services and may not accept the Terms if:
      1. you are under 18 years of age; or
      2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
  4. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
    2. You will use the Purchase Services only for purposes that are permitted by:
      1. the Terms;
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
      4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FCH of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FCH providing the Purchase Services;
      6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by FCH for any illegal or unauthorised use of the Website; and
      8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
  5. Customer Loyalty Club Membership
    1. In addition to Membership for usage of the Purchase Services, you have the option of registering for a Customer Loyalty Club Membership (‘Loyalty Club Membership’). Loyalty Club Membership is subject to cl. 3 and 4.
    2. Loyalty Club Membership is available for a $25 a year. Loyalty Club Membership automatically expires after 365 days and can be renewed after this time by you.
    3. If you choose to terminate your Loyalty Club Membership prematurely, you will still be liable for the annual fee.
    4. Loyalty Club Members are liable for Freight Forwarding Surcharges as outlined in cl. 8.3 as well as shipping costs due to delivery issues and failed delivery as outlined in cl. 8.5.
    5. Loyalty Club Membership benefits such as free delivery do not apply when used in conjunction with any other offers including, but not limited to, coupons and discounts unless communicated to you in writing by FCH.
    6. By becoming a Loyalty Club Member, you agree to receive FCH latest discounts, gift and product updates, e-newsletters and marketing materials via email and SMS.
    7. Same day delivery charges are not covered on Loyalty Club Membership. Same day delivery incurs a fee in the amount of $19.95.
  6. Purchase of Products
    1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
    2. Payment of the Purchase Price may be made through eWay (the 'Payment Gateway Provider').
    3. All prices quoted, unless otherwise stated, are inclusive of GST and are quoted in Australian dollars (AUD).
    4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
    5. Following payment of the Purchase Price being confirmed by FCH, you will be issued with a receipt to confirm that the payment has been received and FCH may record your purchase details for future use.
    6. Prices for the Products are subject to change without notice. FCH reserves the right to modify or discontinue a Product without notice at any time. FCH is not liable to you or any third party for the discontinuance, modification or price change of a Product line that you consider a representation of your business.
  7. Bulk Orders and Trade Accounts
    1. If you wish make a Bulk Order or establish a Trade Account, you must contact FCH via telephone at 1300 131 151 or e-mail at sales@firstclasshampers.com.au.
    2. All Bulk Orders and Trade Account Orders are subject to these Website Terms and any terms and conditions provided to you by FCH.
  8. Delivery
    1. You acknowledge that the Purchase Services offered by FCH integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
    2. In providing the Purchase Services, FCH may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that FCH is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
    3. Orders made for recipients in remote postcodes incur a Freight Forwarding Surcharge. This charge is dictated by the Delivery Service Providers and will be added to the shipping cost. This will be clearly displayed when completing an order.
    4. Orders must be received by 2pm AEST Monday – Friday for next business day delivery. Orders are processed for dispatch on business days, for next business day delivery. No deliveries are made on public holidays or weekends. Order cut off times will change during the Christmas period and other high traffic times. Please refer to the delivery information page for more information.
    5. A $15 Return Delivery Fee (‘Return Fee’) is payable by you in the following situations. No refund or return will be available:
      1. Denied acceptance of delivery by receiver;
      2. Inaccurate delivery address;
      3. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to FCH for the Return Fee.
      4. Re-direction during transit – Products re-directed while in transit will need to be returned to FCH before being sent to the new/correct address and will incur a Return Fee and any additional Shipping Costs.
      5. Amendments to gift card - Your order will need to be returned to FCH before a message can be changed. You will be liable for the Return Fee and any additional Shipping Costs.
    6. FCH will not recall or provide a refund for Products successfully delivered to an incorrect address if this address is provided by you.
    7. In the event that an item is lost or damaged in the course of the Delivery Services, FCH asks that you:
      1. contact the Delivery Service Provider directly to request a refund; and
      2. contact FCH by sending an email, with photo evidence, to sales@firstclasshampers.com.au within 5 days of the arrival of the Product, outlining in what way the Product was damaged in transit so FCH is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
    8. Same day Delivery is available in Melbourne Metro areas only and orders must be received by 1pm AEST Monday – Friday. If the receiver is not at home the item will be left at the premises of the delivery address. If it is not safe to leave, the hamper will be returned to FCH and an additional charge of $15.00 will be payable by You. If a hamper is returned to FCH, same day delivery will not be guaranteed as there may not be adequate time. All further delivery costs will be charged to You. No refunds will be processed if delivery is unsuccessful due to the recipient not being home.
  9. Refunds and Returns Policy
    1. FCH does not provide refunds for change of mind.
    2. Due to the perishable nature of the Products, FCH cannot accept returns if a Product has been opened or successfully delivered to the wrong person.
    3. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
    4. FCH wants you to be satisfied with your Product. If you have any issues with FCH Products or Services, you are obligated to call 1300 131 151 to seek a resolution. All refund requests must be made within 30 days of dispatch.
  10. Cancellations
    1. Once payment for an order has been accepted, cancellation is at the discretion of FCH. If you wish to cancel your order, please contact FCH immediately on 1300 131 151.
    2. Cancellation of orders must be made at least 24 hours prior to dispatch. Orders cannot be cancelled once they have been prepared and are with the Delivery Service Provider for delivery.
    3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, FCH reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
  11. Branding
    1. Branding
      FCH provides corporate branding options for certain Products. Please contact the FCH Customer Service team prior to placing an order via telephone at 1300 131 151 or e-mail sales@firstclasshampers.com.au. Branding lead time takes approximately 1 – 5 weeks to complete. All branding set up charges must be paid in full before production commences. Please see FCH Corporate Branding page at www.firstclasshampers.com.au/corporate-brandingfor more information.
    2. Branding Requirements and Branding Updates
      You must notify FCH of any change to your business logos or slogans. FCH takes no responsibility for incorrect branding being applied after final artwork approval. Any logo changes will incur additional set up charges to be provided on application.
    3. Ribbon Branding
      Ribbon Branding is available for a fee of $3 applied to each hamper after the initial set up charge. Set up charges vary.
    4. Cutting Board Branding
      Cutting Board Branding is available for a fee of $4.95 applied to each hamper. There is no set up charge for Cutting Board Branding.
    5. Gift Card Branding
      Personalised Gift Cards are provided free of charge with every hamper ordered. You must upload the relevant logo to the Website. FCH refuses to print photographs of any nature onto Gift Cards. FCH will not be liable for incorrect card messages, spelling, grammar or business logos. Once an order has left our warehouse and is with a Delivery Service Provider, a Gift Card message cannot be changed.
  12. Product Substitutions
    1. FCH makes every effort to have stock available of all items. In certain circumstances an item may be unavailable. If FCH is unable to supply an item, FCH reserves the right to make substitutions of items of equal or greater value as necessary to ensure timely delivery of your order. FCH reserves the right to make these changes without contacting you. FCH endeavours to ensure that the Product list is current, however gives no undertaking as to the availability of any Products advertised on the Website.
  13. Warranty
    1. FCH's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Products and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
    2. The Warranty does not apply to any appearance of the supplied Products below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
  14. Copyright and Intellectual Property
    1. The Website, the Purchase Services and all of the related Products of FCH are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by FCH or its contributors.
    2. FCH retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
      1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of FCH; or
      2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    3. You may not, without the prior written permission of FCH and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  15. Sale of Liquor
    1. FCH supports the responsible service of alcohol. Under the Liquor Control Reform Act 1998, it is an offence to:
      1. supply alcohol to a person under the age of 18 years (Penalty exceeds $6000).
      2. purchase or receive liquor if you are under 18 years of age (Penalty exceeds $500)
    2. If ordering a Product containing alcohol, you confirm that you are over 18 years of age. Additionally, it is a legal requirement that the person receiving the order is over the age of 18. FCH’s Liquor license number is: 3611531.
  16. Food and Skin Allergy Disclaimer
    1. Food Allergy Disclaimer - Food Products provided on the Website are produced and packaged by third-party companies and are labelled with possible allergen-containing ingredients by the manufacturer. FCH will not assume any liability for adverse reactions to food consumed.
    2. Skin Allergy/Reactions Disclaimer - Skin, bath and cosmetic products provided in certain Products are produced and packaged by third-party companies and may be labelled with possible allergen-containing ingredients by the manufacturer. You are encouraged to read the labels before using these products. FCH will not assume any liability for adverse reactions to skin, bath or cosmetic products.
  17. General Disclaimer
    1. You acknowledge that FCH does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. For photographic purposes some Products on the Website are displayed alongside additional props. Unless an item is listed as included in the Product ingredients, it is not included in the Product.
    3. FCH will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
    4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    5. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. FCH will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    6. Use of the Website, the Purchase Services, and any of the Products of FCH is at your own risk. Everything on the Website, the Purchase Services, and the Products of FCH, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of FCH make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of FCH) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, Social Media Links or any of its Content related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
      4. the Content or operation in respect to links which are provided for the User's convenience;
      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  18. Limitation of Liability
    1. FCH's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of FCH is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that FCH, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. FCH is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of FCH, by third parties or by any of the Purchase Services offered by FCH.
  19. Privacy
    1. FCH takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to FCH's Privacy Policy, which is available on the Website at www.firstclasshampers.com.au/privacy-and-security.
  20. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by FCH as set out below.
    2. If you want to terminate the Terms, you may do so by notifying FCH at any time. Your notice should be sent, in writing, to FCH via the 'Contact Us' link on our homepage.
    3. FCH may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. FCH is required to do so by law;
      3. the partner with whom FCH offered the Purchase Services to you has terminated its relationship with FCH or ceased to offer the Purchase Services to you;
      4. FCH is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
      5. the provision of the Purchase Services to you by FCH is, in the opinion of FCH, no longer commercially viable.
    4. Subject to local applicable laws, FCH reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FCH's name or reputation or violates the rights of those of another party.
    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and FCH have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  21. Force Majeure
    1. If circumstances beyond FCH’s control prevent or hinder its provision of the Products, FCH is free from any obligation to provide the Products or fulfil your order while those circumstances continue. FCH may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
    2. Circumstances beyond FCH’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    3. For the avoidance of doubt, if in FCH’s reasonable opinion, the provision of the Products will be affected by the COVID-19 Pandemic, or if FCH is unable to provide the Products, FCH may suspend the provision of the Products in part or in whole to you indefinitely. FCH will not be liable for any losses or damage to You due to the COVID-19 Pandemic.
  22. Indemnity
    1. You agree to indemnify FCH, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.
  23. Dispute Resolution
    1. Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victorian Law Society or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Victoria, Australia.
    4. Confidential
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
      If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  24. Venue and Jurisdiction
    1. The Purchase Services offered by FCH is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
  25. Governing Law
    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  26. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  27. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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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 $6000) and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).

Liquor Licence No: 36102224

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