Terms of Use

Prices and Payment

You agree to pay for all products and services you order. Prices given on product pages exclude delivery. The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by Visa and Mastercard. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.

Ordering

You may order products from our site by placing an order through the product pages. By placing an order with us, you are making an offer to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any offer you make us, for any reason, including but not limited to if the products requested are not available, payment not being processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy. Each offer you make to us and accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products. Maximum orders sizes apply, if you have large requirements, please contact us direct by emailing us at hello@kindfulgifts.com.au. For us to put your order through, we need some information from you. Some of these include your name, contact details, billing address, delivery address and payment details. For information on how we obtain, store and use your personal information please see our Privacy Policy. You should receive a message on screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing hello@kindfulgifts.com.au.

Delivery

Kindful Gifts offers Standard Courier delivery and Express parcel delivery Australia-wide for all gift boxes. The exception to this are our dried floral arrangements, which can only be delivered within Metro Melbourne currently. 

For gift box purchases, select your preferred delivery method at checkout. Delivery options are subject to change and will be updated on our website as changes occur. Please note we are not able to guarantee delivery at a specific time of day.  If you would like to arrange a custom delivery, please reach out and we will be more than happy to facilitate this if we can. Unfortunately we are currently unable to send to PO Boxes.

Third party courier service

Kindful Gifts uses reputable third party contract couriers to deliver gifts Australia wide. Due to the reliance on third party courier services, Kindful Gifts cannot be held responsible for delays during transit. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a gift not arriving at a certain time or place. Once a gift has been delivered to a concierge or front desk at the address specified we cannot be held responsible for the gift getting to the recipient. In the unfortunate event of a delay or delivery issue we will work with the customer to assist in resolving any issues that may be a result of a third party failure.

Undeliverable items

A gift is considered as undeliverable if (i) the Recipient’s address is incomplete, incorrect or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift  (iii) the delivery is refused by the recipient before opening the package.

All undeliverable gifts will either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to Kindful HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift. When a gift is re-directed to a local post office a courier card will be left at the recipients address to inform them of their local collection point. Due to the perishable nature of some of our products (e.g. flowers) it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the courier card. Kindful Gifts cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24 hour time frame from the date and time of attempted delivery.

Units and apartment buildings

Couriers sometimes face problems with delivering goods to units and apartment building which can result in gifts arriving late, going missing or being returned to Kindful HQ. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’ and either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to Kindful HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.

In the event of an undeliverable gift being re-directed to a local post office, a courier card will be left at the original delivery address to inform the recipient where to collect the gift. Kindful Gifts is not responsible for gifts not collected by the recipient.

Incorrect and incomplete addresses

Please be very careful in providing us with correct, complete and up to date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to Kindful HQ, we can redeliver but the customer will incur a additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.

Substitution and Seasonal Availability Disclaimer

Kindful Gifts endeavors to fulfill all orders in compliance with product descriptions, however dried flower orders may be subject to product availability. Kindful reserves the right to substitute flower varieties when necessary, however we will always take utmost care to ensure the final product is similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value. 

Days of operation

We do not operate on Victorian public holidays, so products will not be dispatched on these days. If you order a product for public holidays we will deliver on the next working day. 

Warranties, refunds and cancellations

Kindful Gifts does not accept refunds outside of the unlikely event a gift is damaged in transit. In these circumstances, you can return to Kindful HQ (if we are notified within 24 hours of the gift being received). All products are checked for quality before dispatch, and while we endeavour to deliver your product in perfect condition, what happens when the goods are dispatched is out of our hands.

Liability and general matters

We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on hello@kindfulgifts.com.au.