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| Terms and Conditions |
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| Introduction |
| Welcome to Gallery Gifts online. Gallery Gifts provides our services to you subject to the following terms and conditions. If you visit or shop at Gallery Gifts you accept these conditions, whether or not you have read them fully.
In brief, we hope you enjoy using our site, but require that as a condition of doing so that you agree with the terms and conditions set out below. Please note that these Terms and Conditions are also likely to change without notice to you so please check them frequently. |
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| Privacy |
| Please see our privacy notice for details relating to privacy. |
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| Electronic Communication |
| When you visit Gallery Gifts online or send e-mails to us you are communicating with us electronically. You consent to receive communication from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satiosfy any legal requirements that such communications be in writing. |
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| Copyright |
| All content included in this site, such as text, graphics, logos, images, icons, audio, downloads iis the property of Gallery Gifts or its content suppliers and is protected by Australian and international copyright laws. |
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| Trademarks |
| All trademarks used on this site are the property of the respective owners, who may or may not be affiliated with Gallery Gifts. |
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| License and Site Access |
| Gallery Gifts grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of Gallery Gifts. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative ise of this site or its contents; any downloading or copying of account information for the benefit of another merchant; orany use of data mioning, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, dupplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gallery Gifts. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proporietary information (including images, text, page layout or form) of Gallery Gifts and our affiliates without the express written consent of Gallery Gifts. You may not use any meta tags or any other hidden text utilising Gallery Gifts name or trademarks with the express written consent of Gallery Gifts. Any unauthorised use terminates the permission or limited license granted by Gallery Gifts to you. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Gallery Gifts so long as the link does not portray Gallery Gifts, its affiliates, products or services in a false , misleading or derogatory or otherwise offensive manner. You may not use any Gallery Gifts logo or other proprietary graphic or trademark as part of the link without express written permission. |
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| Your Account |
| If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gallery Gifts does not sell to anyone under 18 years of age. If you are under 18, you may use Gallery Gifts only with involvement of a parent or guardian. Gallery Gifts and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. |
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| Reviews, Comments, Communications and Other Content |
| Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a submission or other content. Gallery Gifts reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Gallery Gifts and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gallery Gifts and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gallert Gifts or its affiliates for all claims resulting from content you supply. Gallery Gifts has the right but not the obligation to monitor and edit or remove any activity or content. Gallery Gifts takes no responsibility and assumes no liability for any content posted by you or any third party.
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| Copyright Complaints |
| Gallery Gifts and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitues copyright infringement, please contact us as soon as possible. |
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| Risk of Loss |
| All items purchased from gallery Gifts online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. |
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| Product Descriptions |
| Gallery Gifts and its affiliates attempt to be as accurate as possible. However, Gallery Gifts does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gallery Gifts itself is not as described, your sole remedy is to return it in unused condition. |
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| Pricing |
| Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Gallery Gifts, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Gallery Gifts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gallery Gifts shall immediately issue a credit to your credit card account in the total amount of the charge.
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| Disclaimer of Warranties and Limitation of Liability |
| THIS SITE IS PROVIDED BY GALLERY GIFTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. GALLERY GIFTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GALLERY GIFTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GALLERY GIFTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GALLERY GIFTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GALLERY GIFTS 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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| Applicable Law |
| By visiting Gallery Gifts, you agree that the laws of the state of South Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gallery Gifts or its affiliates. |
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| Disputes |
| Any dispute relating in any way to your visit to Gallery Gifts or to products you purchase through Gallery Gifts shall be submitted to confidential arbitration in Adelaide, South Australia, except that, to the extent you have in any manner violated or threatened to violate Gallery Gifts's intellectual property rights, Gallery Gifts may seek injunctive or other appropriate relief in any state or federal court in the state of South Australia, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. |
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| Site Policies, Modification and Severability |
| Please review our other policies posted on this site. These policies also govern your visit to Gallery Gifts. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. |
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| Delivery |
| All our parcels are sent to you by Australian Air Express Couriers. We can also offer pickup facilities from one of our stores given sufficient notice. We only send with this courier and you must pay our standard freight charges. |
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| Delivery Requirements |
We ONLY send to listed addresses that can be found in the Australian White Pages.
At our discretion, we also may refuse to send to a unit or apartment block if we decide that it is an unsafe or difficult delivery location for our courier. |
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| Issues With Delivery Or Goods Damaged In Transit |
| As with any issue or concern, please contact us as soon as possible. Where there is an issue with delivery or the condition of goods delivered, Gallery Gifts must be notified of any such issues as soon as the customer becomes aware. Items are always delivered within 7-10 business days to even the most remote locations. We therefore will not be made liable for non-delivery or damaged items if we are notified outside of 14 days from the day of despatch. |
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| Exchanges & Returns |
| In certain extremely rare cases you may be able to exchange or return your purchase to Gallery Gifts. Please contact us if you wish to discuss the possible return or exchange of your purchase. You must do so within 7 days of receipt of your goods. You will also be required to pay shipping costs and a re-stocking fee of 15% of the purchase price.
Exchanged/returned products must be in brand new, mint condition.
Items must be in the original, undamaged manufacturer's packaging with all packaging materials, including booklets, packing inserts, plastic bags and blank warranty cards. The manufacturer's labeled packaging must be enclosed within a new shipping carton.
Please note that the warranty card must not be filled out.
SHIPPING AND HANDLING FEES, IF APPLICABLE, ARE NOT REFUNDABLE
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