These terms and conditions apply to the use of the Wrapped website found at www.wrapped.com (the Site). The Site is a website operated by Red Balloon Pty Ltd (ABN 13 097 376 442) (RedBalloon, we or our). We reserve the right to change these terms and conditions without notice.
These terms and conditions specifically refer to the following products and services which may be purchased or accessed via the Site:
- Wrapped Gift Products
- Wrapped Gift Cards
Throughout these terms and conditions, the above products and services are collectively referred to as 'Wrapped Gift(s)'.
1. Making a Purchase
When you make a purchase and tick the box that says 'I understand and accept the Terms and Conditions', you become legally bound by these terms and conditions. Please do not proceed to purchase your Wrapped Gift until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist.
Phone: 1300 87 55 00 (inside Australia)
+61 2 8599 3435 (outside Australia)
Fax: (02) 9566 4887
Wrapped Gift Product suppliers
The Site includes Wrapped Gift Products available for purchase from various suppliers (‘Product Supplier(s)”). If you place an order for Wrapped Gift Products on the Site, you are placing an order with the Product Supplier of the Wrapped Gift Products, and not us. We make the Wrapped Gift Products available for purchase (including by taking orders and collecting payment) as the agent of the Product Supplier, and not on our own behalf. As such:
- All Wrapped Gift Products are sold subject to the terms and conditions of each Product Supplier and these RedBalloon terms and conditions.
- We make no guarantees or warranties about the products that are provided to you by the Product Suppliers.
- The Product Supplier delivers products directly to customers.
- We do not control the business operations of any Product Supplier.
3. Wrapped Gift Cards
- Wrapped Gift Cards can be redeemed at checkout. The value of a Wrapped Gift Cards will be issued as credit in your account.
- All Wrapped Gift Cards are denominated in Australian dollars.
- All Wrapped Gifts purchased are non-refundable
- Guarantees and Warranties required by law.
RedBalloon complies with Australian Consumer Law (ACL) in respect of guarantees and warranties for products. In respect of products it is our responsibility to ensure the products are of acceptable quality, free from defects and fit for the purpose considering the prices and description provided to you at the point of sale. If the product does not fulfil any of these criteria then we will consider a refund in conjunction with the Product Supplier based on each case so long as the complaint is made to us within a reasonable period of time.
Under the Australian Consumer Law (ACL) you may have certain rights which cannot be excluded. Nothing in these Terms and Condition shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
To the extent permitted by law and without limiting your rights under the ACL, if RedBalloon or its Suppliers fail to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits RedBalloon and or its Suppliers to limit their liability in respect of such failure, the liability of RedBalloon and or its Suppliers is limited to the cost of the Product.
- We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia. Where a separate delivery fee or credit card fee is payable, this is clearly highlighted during the purchase process and on the final payment screen.
6. Delivery of Wrapped Gift Products
- All Wrapped Gift Products are shipped directly from the Product Suppliers. Estimated delivery times are included in the product description on the Site but delivery time frames cannot be guaranteed.
- It is the responsibility of the purchaser to correctly address gift orders.
- We strongly recommend using a business address for delivery. Residential addresses may cause missed delivery issues.
- We accept no responsibility for any damaged, misdelivered or delayed orders.
7. Availability of Wrapped Gift Products
- All Wrapped Gift Products are offered by Product Suppliers subject to availability. Where you are advised by a Product Supplier that a product is no longer available subsequent to purchase you will be offered a full refund.
- All Wrapped Gift Products are subject to removal from our website at any time without notice.
- We accept no liability for the removal of Wrapped Gift Products from the website.
8. Descriptions of Wrapped Gift Products
- Product Suppliers provide the information about their products. Whilst we try to ensure that the product information is accurate and up-to-date, we cannot be held responsible for the accuracy of product information.
- The photographs used on the Site to illustrate products are provided to us by Product Suppliers and are used as an indication only of the product you are purchasing.
- The text and illustrations (including photographs) used on the Site are protected by copyright and must not be copied in whole or in part without the express permission of RedBalloon.
9. Expiry & Extensions: Wrapped Gift Cards
- Wrapped Gift Cards must be used within 12 months of purchase. Purchase will activate the time period.
- Extensions on Wrapped Gift Cards can be requested within 30 days of the expiry date upon request. Any further extensions requested outside of the 30 day grace period will not be considered.
10. RedBalloon's Liability
- No liability for any act, omission or default, whether negligent or otherwise of any Product Supplier or third party.
- No liability for any loss or damage occasioned by any negligent act or omission of any Product Supplier or third party.
- Where RedBalloon's liability cannot be excluded by law, such liability is limited to the value of the Wrapped Gift Product purchased.
12. Promotional Offers
By redeeming a Promotional Code, you agree to accept and comply with all of the following terms and conditions of use.
- If you have been provided a valid Promotional Code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.
- All discounts arising from Promotional Codes are applied to transactions only after any Wrapped Gift Card Credit is used.
- Promotional codes carry a minimum spend value unless stated otherwise. This minimum spend value refers to payments made using credit card, BPay and Paypal. Minimum spend amount does not include payment by Wrapped Gift Card Credit.
- Promotional Codes cannot be used in conjunction with Gift Cards.
- Promotional Codes must be used before the designated expiration date. No extensions will be allowed under any circumstances.
- Unless otherwise specified Promotional Codes may only be used once per person.
- Where multiple Promotional Codes are offered, only one can be used per transaction.
- We reserve the right to verify the validity of Promotional Code use at any time. If there has been (or we have reason to believe there has been) any unauthorised use we will immediately cease all activity on your Account.
- We reserve the right to remove any Promotional Code without notice at any time.
By submitting any content to us via the Site, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights of the content of your review, and that the content of your review does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- For any content that you submit, you grant RedBalloon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;
- All "moral rights" you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by RedBalloon;
- You are at least 18 years old if completing a review for a Wrapped Gift Product that includes alcohol;
- You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended;
- The content you provide to us: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.
You agree to indemnify and hold RedBalloon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your email address in connection with your rating and review, you agree that RedBalloon and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
REVIEW WRITING GUIDELINE:
We want to publish your review, so please:
- Focus on the product you have purchased and your individual experience using it
- Provide details about why you liked or disliked a product
- Avoid anything that could be offensive
- Omit any personally identifying information, such as names
- Avoid writing about customer service, contact us instead if you have issues requiring immediate attention
- Refrain from mentioning company names, competitors or the specific price you paid for the product