Chrisco Hampers Australia Limited (ABN 41 080 852 535) (from here on in referred to as Chrisco)
TERMS AND CONDITIONS
1. PRODUCTS, SUBSTITUTIONS AND PRICING
While we make every effort to supply you with your chosen products, sometimes stock and suppliers may change.
1.1 Substitutions of goods - Hampers - Chrisco has the right to make substitutions of any goods for similar products of equal or greater value. If Chrisco substitutes more than 20% of the value of goods in the hamper in this way, Chrisco will notify you. You will then have the right to cancel the agreement and obtain a full refund of the payments you have already made. Our Cancellation policy will not apply.
1.2 Substitutions of goods - Merchandise – Where a product you have ordered has been discontinued or is no longer available to purchase from our suppliers, Chrisco has the right to make substitutions with a similar product(s) of equal or greater value. If this were to happen, Chrisco will notify you. You will then have the right to cancel the agreement and obtain a full refund of the payments you have already made. Our Cancellation policy will not apply.
1.3 Pricing – All weekly pricing is rounded up to the nearest 5 cents, excluding gift cards and vouchers. However, you will only ever pay the total of your order. All prices are inclusive of GST, tax and /or duty where applicable.
1.4 Changes in GST, Duty or Fuel – Should there be any alteration in rates of GST, tax or duty, or any unforeseen product or fuel price increases, Chrisco reserves the right to adjust hamper contents accordingly to cover the costs of the increase. We will cap any decrease in your hamper contents to 20% of the total hamper value. If this were to happen Chrisco will notify you. You will then have the right to cancel the agreement and obtain a full refund of the payments you have already made. Our Cancellation policy will not apply.
Your order requires you to make regular weekly, fortnightly or monthly payments (chosen by you)
2.1 How can I pay for my order? By Direct Debit, BPay, Cheque or Credit Card.
2.2 What is a Direct Debit Authority? A Direct Debit Request allows a payment to be automatically deducted from your bank account. By filling out the Direct Debit Request form in this catalogue or on our website, you are authorising Chrisco to debit your payments from your chosen account. At midnight on the day you have chosen (usually your pay day), our bank debits your account electronically.
2.3 Can I stop a Direct Debit payment? Yes, if you call us by midday the working day before your payment is due, we can stop a payment (Note this means before midday Friday for a Monday payment).
2.4 What happens if I can’t keep up my payments? We understand that circumstances change and if you are not able to keep paying, please call one of our friendly Customer Service team members on 1800 830 830 to discuss your options. See also the Cancellation Policy below.
2.5 Payments on Public Holidays? Your Direct Debit payment will come out the working day prior to the public holiday. Please note that Chrisco is located in Sydney, therefore we observe all NSW public holidays. If you wish to skip a payment that would land on a public holiday, you will need to let us know before Mid-day on the working day prior. Example: Australia Day 2020 observed on Monday 27th January 2020. Therefore, a payment due on that date would be taken on Friday 24th January 2020. If you needed to skip that payment you would let us know by midday Thursday 23rd January 2020.
2.6 Skipped or Missed Payments? We’ll automatically recalculate which will slightly increase your future payments so that your order is fully paid by Friday 23rd October 2020. We reserve the right to reduce your order in proportion to your missed payments (this may result in items being removed from your order) or to cancel your order should your payments fall too far behind. If this is necessary, our Cancellation Policy (set out below) will apply.
2.7 Will I be charged if a payment dishonours? Your bank, Credit Union or Building Society may charge you a fee. Chrisco will charge you a small administration fee of $3.50 to cover charges we incur as a result of the dishonour.
3. Cancellation Policy (all orders including confirmed Headstart Plan orders)
3.1 HeadStart Cancellation – HeadStart plans can be cancelled at any time and HeadStart Plan payments are fully refundable, until you convert your payments into an order or confirm an order placed for you – for more information see HeadStart Plan details below.
3.2 Order Cancellation - You may cancel your order at any time prior to the delivery of your goods. If you cancel your order within 21 days of the date of your original order confirmation (Cooling Off Period), there will be no cancellation fee.
3.3 After the Cooling Off Period, Chrisco will charge you a cancellation fee as follows:
· prior to 1 August: 20% of monies paid at the cancellation date (up to a maximum cancellation fee of $200)
· after 1 August: 50% of monies paid at the cancellation date (up to a maximum cancellation fee of $500)
3.4 Personalised Items - Cancellation fees will be incurred on all personalised items if manufacturing has commenced.
4. REFUND POLICY
4.1 Headstart Plan payments are fully refundable, until you convert your payments into an order or confirm an order that was placed for you
4.2 For Security reasons, refunds can only be applied to the account from which the funds were received. Therefore;
a. Direct Debits payments can only be refunded directly to the bank account originally charged
b. Credit Cards payments can only be refunded to the credit card originally charged
c. Cheque payments can only be refunded by cheque, made payable to the original payer
d. BPay payments can only be refunded by cheque, made payable to the original payer
5. HEADSTART PLAN
5.1 What is an HeadStart Plan?
A HeadStart Plan allows you to make payments towards next year’s order, while giving you time to decide exactly which products you want to choose. Once your 2020 order is fully paid, a HeadStart Plan for 2021 will automatically be created for you and your payments will continue (for the same amount as your second to last payment for your 2020 order), unless you instruct us otherwise (see Opting Out below).
5.2 What will my payments be under a HeadStart Plan?
We calculate your HeadStart Plan payments using your second to last order payment amount, or the specific amount directed by you. We will write to you to confirm the amount and other details of your HeadStart Plan payments prior to commencing your payments.
5.3 Are my payments refundable?
Payments under your HeadStart Plan are fully refundable unless you convert them into an order. Once payments under your HeadStart Plan are converted into an order, Chrisco’s Cancellation Policy will apply to your order (see below for details.,
5.4 What if I don’t convert my HeadStart Plan into an order?
If you have not converted your HeadStart Plan into an order by March 15th 2020, Chrisco will automatically place an order for you for goods of a similar value to your previous years order (unless you tell us not to do this). Orders that are placed by Chrisco are fully refundable until you confirm your order. Once you confirm your order, Chrisco’s Cancellation Policy will apply.
5.5 If you continue to make BPay (or other automatic payments) after your 2020 order is fully paid, and you have not checked the red box at the bottom of your order form or told us you do not wish to participate, you will be automatically enrolled in our HeadStart Plan for 2021 (see HeadStart Plan terms below including terms for refunding your money or payment towards your 2021 order). Payments under your HeadStart Plan are fully refundable until you convert them into an order. (See our Refund Policy)
5.6 How do I opt Out of a HeadStart Plan?
If you do not intend to use the HeadStart Plan for 2021, please (1) cancel your Automatic Payment to us once your order for 2020 is fully paid and (2) Please either check the red box at the bottom of your order form, or tell us that you do not wish to participate in the HeadStart Plan. You can call us at 1800 830 830
5.7 Free Gift: to give you an extra helping hand, Chrisco will give a free gift to any customer whose HeadStart Plan is converted into an order and that order is fully paid. (Limit one free grift per customer per year).
5.8 Contacting You: we will try to contact you to get your instruction on any continuing payments, but we need to get hold of you to do this: see the “CONTACTING YOU” section below.
6. Contacting You
6.1 Contact Details - We may have to contact you during the year regarding your order. To ensure that we always have your most recent and accurate contact details, please contact us to update your contact details promptly if those details change. We will take reasonable efforts to contact you. However, if you have not updated your contact details and we cannot get hold of you we reserve the right to recoup the reasonable costs we incur in trying to find you. You agree that if we must do this, then we may deduct those costs from your credit balance.
6.2 Inactive Active Accounts - If we cannot get hold of you to get your instructions to apply or refund a credit balance that is greater than six months old and less than $25 in value (an Inactive Account) we may charge you an administration fee of up to $25 which will be deducted from the balance of the account. As long as your last transaction with us was in the last two years, if we later manage to find you, or you contact us, then we will restore your credit balance (including the administration fee).
7. Delivery, Processing, Packing and Administration
7.1 Package and administration fee – a fee of $9.95 is applicable per Home & Living order, and per Favourites order (excludes gift cards, vouchers, food & beverage hampers).
7.2 Heavy Items - Hampers with a Heavy Icon are subject to a $50 delivery surcharge per Hamper, to a maximum of $150 per delivery address. We will inform you of all delivery charges when we confirm your order and payment details.
7.3 GIFT CARD & VOUCHER FEES
7.3.1 Processing & Handling Fee - Physical Gift Cards, eCards and Vouchers are subject to $5 per Card/Voucher processing fee (reflected already in the price of the hamper).
7.3.2 Delivery Fee - Physical Gift Cards and Vouchers are subject to a delivery fee of $8 per delivery address. They are sent via Australia Post signature required. Exempt from Delivery fee are eCards and eVouchers as they are sent or retrieved via electronic means only.
7.3.3 Signature Required – Gift cards and vouchers sent via signature required post and must be signed for on delivery.
7.3.4 Delivery Date – Gift cards and Vouchers will be delivered no later than by the first week of December in plenty of time for your Christmas shopping.
7.3.5 Other Gift Card Conditions - Physical and electronic gift cards and vouchers are not redeemable for cash and cannot be used to pay off store accounts or finance agreements. No change will be given. Once issued, if lost, stolen or destroyed they cannot be replaced or refunded. For full terms and conditions visit the respective retailer’s website.
7.4 DELIVERY - All deliveries are made from November to mid-December, unless stipulated otherwise. We’ll send you a delivery or pick up advice closer to the time to advise your delivery details. If you order multiple items, you may receive your items over multiple days. We recommend you put frozen products into your freezer as soon as you receive them. If you cannot be home to accept delivery, please plan with friends or neighbours to accept it for you. ‘If you are not home and no arrangements have been made for someone to accept it for you at the delivery time advised, we may leave your item at your delivery address, including but not limited to where you have instructed us to do so, or we may return the item to our depot and either try to deliver again later or require you to collect it from our depot.’
7.5 ON FORWARDING FREIGHT CHARGES - Deliveries to islands or some remote communities may incur an on-forwarding freight charge depending on the postcode. Details can be obtained when placing your order, or see also the Delivery – On-forwarding Freight Charge section of the Terms & Conditions of Purchase online at www.chrisco.com.au/Shipping/
7.6 CHANGE OF ADDRESS - Should your delivery address change, please inform Chrisco immediately. If a delivery address is changed after the 23rd October 2020, Chrisco reserves the right to charge an administration fee.
7.7 DEPOT COLLECTIONS - If you have set your order as a pick up at a depot, or you live in an area that requires a pick up only, then your delivery date is the date you should plan to pick up your order from the depot. Your Delivery or Pick up Advice will include details of your pick-up date and location. If you fail to pick up your order on the date specified, a Chrisco representative will attempt to contact you (up to 3 times either via Phone, Email, SMS or Mail). If we have been unable to contact you within 3 business days, any perishable food will be donated to a local charity in your name, and Chrisco is not required to refund you the cost of such items.
7.8 NON-PERISHABLE HAMPERS - will remain at the depot for up to 20 business days. If we are still unable to contact you after 20 business days Chrisco will consider this order fulfilled and abandoned, and Chrisco is not required to refund you the cost of such items. For more information on our Cancellation Policy please see Cancellation Policy section of the terms and conditions.
7.9 RURAL DELIVERY OR PICK UP - If you live in or move to a remote rural area, we may ask you to collect your order from a local pick-up point and some very remote areas may not be within our courier delivery range. Please check this when you order. See also the Delivery - Rural section of the Terms & Conditions of Purchase online at www.chrisco.com.au/Shipping/
7.10 DISCLAIMER - While every effort is made to deliver on the intended delivery date, Chrisco is not liable for any loss resulting from delay due to the customer’s failure to fulfil the customer’s obligations as outlined or for any other reason beyond the control of Chrisco (and/or its staff). Chrisco is not liable for any loss resulting from a contracted party’s failure to deliver as advised.
8. Alcohol and Liquor ( Liquor Licence No. 24005030)
In accordance with liquor licensing legislation, customers who purchase hampers containing alcohol must be over the age of 18 years at the time of order. Proof of identity and age will be required.
Due to the perishable nature of our goods, we are unable to accept any Chrisco Hamper returns except as required under the Australian Consumer Law (http://consumerlaw.gov.au/the-australian-consumer-law/legislation/). We will gladly replace items or reimburse you should a product be damaged in transit and in accordance with our legal responsibilities as a merchant. We are unable to accept returns for other reasons, such as if you have changed your mind, or have made an incorrect choice about the product and no longer wish to keep it.
10. Warranties and Liabilities
Nothing in these Terms and Conditions is intended to exclude, restrict or modify your rights under the Australian Consumer Law and any consumer guarantees relating to goods or services under the Australian Consumer Law, which may not be excluded, restricted or modified by agreement (Your Consumer Rights) Subject to Your Consumer Rights, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of trade or otherwise are excluded to the fullest extent permitted by law. You are responsible for using all necessary skill and care in handling, storage and preparation of goods delivered to you.
11. Safety and Council regulations
11.1 Go Karts and ATVs - In the interests of safety, we recommend that Go Karts and ATV’s are assembled by a professional mechanic. For motorised products a motorbike helmet must always be worn, and children must be supervised by an adult. These items are intended for off road use only. Consult your local council or authority for advice on use and applicable regulations.
11.2 Outdoor Equipment, Swimming Pools and Spas - We recommend you contact your local council for outdoor equipment, swimming pool and spa safety and water use regulations.
12.1 Errors & Omissions - All efforts have been made to check for errors and omissions in typography and photography. However, inadvertent errors may occur for which Chrisco will not be responsible. Product images are for illustrative purposes only. Your statutory rights under Australian Consumer Law are not affected http://consumerlaw.gov.au/consumers-and-acl
12.2 Catalogue publication: October 2019. Copyright© 2019. Chrisco Hampers Australia Limited. All rights reserved. No part of this catalogue may be reproduced or transmitted in any form or by any means electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior permission from Chrisco in writing. There will be no contract between Chrisco and a customer until Chrisco issues a notice confirming the customer’s order. Each contract is governed by the law of the state or territory in which the customer resides except for residents of the ACT whose contracts will be governed by the law of NSW.
14. Online Terms and Conditions
You can also view a copy of these Terms and Conditions at www.chrisco.com.au/TermsAndConditions/