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About Us
Wishes and Things is a
privately owned Australian Business located in Sydney.
We aim to provide an
Australian world class online shopping facility which is a
convenient, secure shopping environment, open all the time, we hope
that you find it the quality service we are striving for!
We will always be
extending our product range and we are constantly working to improve
this website, the choice of products, and the service that we
provide.
We welcome any
suggestions you may have.
If you have any
queries or suggestions, please contact us on:
service@wishesandthings.com.au
or alternatively you
can phone/fax us on +61 2 9475 0822.
Many thanks for
visiting Wishes and Things, we hope you enjoy browsing our product
range and look forward to seeing you back here again soon!
Wishesandthings.com.au - Customer Terms and Conditions of Use
Please read these Customer Terms and Conditions prior to using the Wishes and Things Website. These
Terms and Conditions govern the use of the Wishes and Things Website
including the purchase of any goods or services from it.
We recommend that you check back regularly to update yourself as to
the current Terms and Conditions.
Acknowledgment and Acceptance of Terms and Conditions
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This is a website operated by Wishes and Things (ABN: 20
944 012 676) and the domain name
"wishesandthings.com.au".
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By accessing, browsing or using the Wishes and Things Website, you
agree to these terms, conditions and disclaimers as amended from
time to time and acknowledge and
agree that you have read and understood the Terms and Conditions.
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By downloading any of the material on the Wishes and Things
Website, purchasing an item from this Website and/or by completing
the registration process to become a member of Wishes and Things, you expressly agree to be bound by the Terms and
Conditions.
Acceptance and Changes to Terms and Conditions
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You acknowledge and accept that your use of the Wishes and Things
Website indicates your acceptance of these Terms and Conditions
and Privacy and Security Statement contained on the Wishes and
Things Website.
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These are current Terms and Conditions. These Terms and Conditions
may be amended from time to time. Any amendment
will be effective immediately upon publication of the varied terms
in this section of the Wishes and Things Website. Your continued
use of the Wishes and Things Website after any amendment becomes
effective constitutes an agreement by you to abide by and be bound
by these Terms and Conditions, as so amended.
User and Other Information Provided By You
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You agree to provide certain current, complete, and accurate
information about yourself as prompted or requested to do so by
the Wishes and Things Website; and maintain and update this
information as required to keep it current, complete and accurate.
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Any order placed by you with the Wishes and Things Website must
contain your name, email address, mailing address, credit card
name and number (including the CVC number) and the expiry date of your credit card so that
Wishes and Things can process your order accurately. You must
ensure that the recipient's name and mailing address is correct,
as you will be liable for any freight charges arising out of the
information provided which is not correct.
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All information provided by you when you sign up to become a
Member or which you provide when placing an order is referred to
in these Terms and Conditions as "User Information". You grant to
Wishes and Things the right to disclose to third parties certain
aspects of your User Information, provided that such disclosures
do not include your name, mailing address, email address, credit
card details, account number or phone number, unless you expressly
direct Wishes and Things to disclose such information.
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The Wishes and Things Privacy and Security Statements contains
further information concerning the collection and usage of User
Information.
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You represent and warrant that all User Information provided by
you is true and correct and agree to indemnify Wishes and Things
for any losses, costs, expenses or damages that Wishes and Things
may suffer if any of this information is not correct.
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You must not transmit or attempt to transmit any material of any
kind to the Wishes and Things Website which contains a virus,
malicious computer code or other harmful component or otherwise
attempt to alter any of the content on the Wishes and Things
Website.
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If any User Information provided by you is incomplete or
inaccurate or you attempt to transmit any material of any kind to
the Wishes and Things Website which contains a virus, malicious
computer code or other harmful component or you otherwise attempt
to alter any of the content of the Wishes and Things Website, or
you are otherwise in breach of these Terms and Conditions, Wishes
and Things retains the right to terminate your rights to use the
Wishes and Things Website and to prosecute you to the full extent
of the law.
Disclaimer & Limited Liability
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The information contained on the Wishes and Things Website is
provided by Wishes and Things in good faith on an "as is" basis
and any reliance or use of this information is made solely at your
own risk. The information is believed to be accurate and current
at the date the information was placed on the Wishes and Things
Website.
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None of Wishes and Things, its related bodies corporate, any of
their directors, officers, employees or shareholders makes any
representation or warranty as to the reliability, accuracy or
completeness of any of the information or ideas contained on the
Wishes and Things Website (including in relation to any products
or services) and none of them accept any responsibility arising in
any way (including negligence) for errors in, or omissions from,
the information contained on the Wishes and Things Website. To the
fullest extent permitted by applicable law, Wishes and Things
disclaims all representations and warranties, express or implied,
including but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. Wishes and Things makes no warranty that the
Wishes and Things Website, any information or ideas contained on
the Wishes and Things Website or any products or services
advertised on the Wishes and Things Website will meet your
requirements, or that the Wishes and Things Website will be
uninterrupted, timely, secure or error free.
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You expressly acknowledge and agree that Wishes and Things does
not control other users including Members, of the Wishes and
Things Website, the providers of information or ideas to the
Wishes and Things Website or the suppliers of goods and services
purchased from the Wishes and Things Website and Wishes and Things
is therefore not liable for their opinions or their behaviour,
including any information or advice provided by them or any
defamatory statements made by them or any offensive conduct on
their part.
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No advice or information, whether oral or written, obtained by you
from or through the Wishes and Things Website creates any warranty
not expressly made in these Terms and Conditions.
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Information on the Wishes and Things Website (including
information relating to products, services and competitions) has
been prepared in accordance with Australian law for the supply of
information, products and services in Australia only. This
information may not satisfy the laws of any other country. To the
extent that it does not satisfy the laws of the country in which
you reside or from which you are accessing the Wishes and Things
Website, it is not directed at you and cannot be relied upon by
you and you are unable to order any products or services from the
Wishes and Things Website. If you do, you agree to indemnify
Wishes and Things for any losses, costs, expenses or damages
Wishes and Things may suffer as a consequence.
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None of Wishes and Things, its related bodies corporate, any of
their directors, officers, employees, or shareholders will in any
way be liable for any direct, indirect, incidental, special or
consequential damages (including negligence), resulting from
your use or your inability to use the Wishes and Things Website;
your reliance on any information or advice contained on the Wishes
and Things Website or for the cost of procurement of substitute
products or services or resulting from any products or services
purchased or obtained or messages received or transactions entered
into through the Wishes and Things Website or resulting from
unauthorised access to or alteration of your transmissions or data
or of any information contained on your computer system or on the
Wishes and Things Website, including but not limited to, damages
for loss of profits, use, data or other intangible, even if Wishes
and Things has been advised of the possibility of such damages.
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Where any Act of Parliament implies in these Terms and Conditions
any term, condition or warranty, and that Act avoids or prohibits
provisions in a contract excluding or modifying the application of
or exercise of, or liability under such term, condition or
warranty, such term, condition or warranty shall be deemed to be
included in these Terms and Conditions, however, the liability of
Wishes and Things for any breach of such term, condition or
warranty shall be limited, at the option of Wishes and Things, to
any one or more of the following:
i. - if the breach relates to goods;
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the replacement of the goods or supply of equivalent goods;
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the repair of such goods;
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the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
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the payment of the cost of having the goods repaired; and
ii. - if the breach relates to services:
Ordering Products or Services
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Any order placed by you in the manner described in the Wishes and
Things Website is an offer by you to purchase a particular product
or service for the price (including the delivery and other
charges) specified in the Wishes and Things Website at the time
you place your order.
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Wishes and Things reserves the right to accept or reject your
offer for any reason, including, without limitation, the
unavailability of any product or service, an error in the price or
the product or service description posted on the Wishes and Things
Website, or an error in your order.
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There may be reasons why Wishes and Things cannot fulfil your
order. Therefore, your contract with Wishes and Things only comes
into existence when Wishes and Things advises you that it has
accepted your order, receipt of your payment has been confirmed
and your products have been shipped for delivery.
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Prices of products and services and delivery and other charges
displayed on the Wishes and Things Website are current at the time
of issue, but may change at any time and are subject to
availability. The availability of products and services may change
from time to time.
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Your receipt of an electronic or any other form of your order
confirmation does not signify Wishes and Things' acceptance of
your order, nor does it constitute confirmation of Wishes and
Things' offer to sell.
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Wishes and Things can at any time after receipt of your order
accept or reject your order for any reason whatsoever.
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By placing the order you agree to pay for and accept delivery of
the goods ordered unless you cancel your order in accordance with
the Terms and Conditions herein prior to the goods being
dispatched to you.
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Wishes and Things can at any time after receipt of your order
without any prior notice to the customer supply you less than the
quantity of goods ordered of any item and your order will be
varied to reflect that lesser amount.
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In making an order, you agree to allow Wishes and Things to debit
your credit card upon receipt of the order from you and in the
event that Wishes and Things is unable to supply or the goods are
returned you agree to allow Wishes and Things to credit your
account in accordance with the Terms and Conditions contained
herein.
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Wishes and Things reserves the right to require additional
verification or further subsequent information it shall deem it
requires before accepting your order.
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Until you have made payment in full for products you have ordered
title in such goods will not transfer to you, but all risk in the
products will pass to you on dispatch from Wishes and Things' or
its agents' distribution centre. You are responsible for any
taxes, duties or other liabilities imposed by any governmental
agency, including without limitation, any customs duty, goods and
services taxes or any value added tax imposed on any products or
services acquired or ordered by you from the Wishes and Things
Website.
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Wishes and Things agrees to process your order as quickly as
possible. When goods are in stock the order will be processed
within 3 days, if out of stock of particular items the orders will
be processed as soon as possible which will be within 30 days from
the date of your order. Wishes and Things agrees to notify you of
any delay in processing of your order, or delivery of your order
if when Wishes and Things is aware of these circumstances.
Delivery
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All times for delivery listed on the Wishes and Things Website are
indicative only. Wishes and Things necessarily relies upon
Australia Post, Wishes and Things Suppliers, couriers and freight
companies and will not be liable for any failure to observe these
delivery times, whilst every care is taken and Wishes and Things
constantly monitors the performance of couriers and Australia
Post, the day to day matters regarding freight are outside of the
direct control of Wishes and Things. You understand and agree that
you shall not be entitled to withdraw or modify any commitment
made for the purchase of products or services from the Wishes and
Things Website once that commitment has been made for any reason
other than those detailed in the Terms and Conditions, including
without limitation, any delay in delivery.
Returns and/or Exchange
Our Return and/or Exchange Policy is incorporated into these Terms
and Conditions as follows:
i. - Any items that are faulty, were damaged in transit or were
not as ordered can be returned within 14 days of receipt by
the purchaser;
ii. - Return of perishable items will not be accepted;
iii. - Returned products (unless faulty or damaged in transit)
must be in re-saleable condition;
iv. - Items delivered longer than the time specified can only be
returned where Wishes and Things failed to process the order
within the time specified in the disclaimer and delivery details of these Terms and
Conditions. Where the delay is caused solely by Australia Post,
courier or freight companies, Wishes and Things shall not be
liable for a return exchange or refund although Wishes and Things,
in its absolute discretion, may waive this term.
v. - Upon request of a refund in accordance with the above terms
the original method of payment will be credited with the price of
the returned goods, excluding delivery and any handling fees
Wishes and Things is liable to pay (unless the goods were faulty,
damaged in transit or not as ordered.
vi. - If you change your mind following the dispatch of the goods
ordered, Wishes and Things agrees to refund the purchase price to
you so long as the product is as received by you. That is, all
packaging is intact and has not been opened, and all seals are
intact. Wishes and Things is not able to refund an opened,
tampered with product that is not defective. These products will
be forwarded back to you and the necessary freight charges
deducted. All refunds for non-defective items exclude all freight,
packaging, bank, and processing charges, if any, and there may be
15% surcharge by way of a restocking fee which will be debited to
your credit card, this is at the discretion of Wishes and Things.
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Wishes and Things is only able to accept products that are in a
"returnable condition".
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For goods to be in a "returnable condition", they musts be
returned with all items included in the original sale, including
any free items, and must be sealed in the original packaging
materials.
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In returning the goods, you will need to provide a detailed note
of the fault.
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Wishes and Things does not accept liability for the loss or
destruction of the goods during return transit.
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Any goods to be returned are to be insured via Australia Post as
Wishes and Things cannot accept liability for damage occurring
whilst goods are being returned.
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You must affix the warehouse delivery address details to the
parcel to be returned which will be forwarded to you when you
contact us about returning your goods, and you must ensure that the goods are
returned to the correct address.
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In the event that Wishes and Things ascertains or establishes that
persons are maliciously returning goods without justification or
if the reason for the return is not bona fide, or if customers are
damaging or in any way unlawfully dealing with products intended
to be returned, Wishes and Things reserves the right to waive any
of the conditions contained herein that allow for the return of
goods.
Membership
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Membership is free and does not obligate you to purchase anything.
You will however, be responsible for any tax, duty or similar
liability arising from any Membership benefit that you receive or
become entitled to.
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Membership is non-transferable. You may change your information on
an existing membership account only to update your membership
account.
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Wishes and Things may terminate your Membership and any Membership
program at any time. You may terminate your Membership by sending
a written notice or an email to Wishes and Things. Termination of
your Membership only becomes effective upon actual receipt by
Wishes and Things of your notification of termination.
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Your membership is identified by your email address. If you change
your email address you will need to re-register with your new
email details and any associated benefit of the old membership
will not be assigned.
Termination
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Your ability to purchase products and services from the
Wishes and Things Website may be terminated at any time by Wishes
and Things without notice. All restrictions, licenses and the like
granted by you and all disclaimers and limitations of liability by
Wishes and Things will survive termination.
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Should you object to any of these Terms and Conditions (including
any subsequent amendments), you must immediately discontinue use
of the Wishes and Things Website.
Security
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In the event of unauthorised use of your credit card, you must
immediately notify your credit card provider in accordance with
its reporting rules and procedures.
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Once you become a Member, you agree to take responsibility for the
safekeeping of your user name and password. You are entirely
responsible if you do not maintain the confidentiality of your
password. Furthermore, you are entirely responsible for any and
all activities, which occur under your email address, user name
and password.
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You agree to immediately notify Wishes and Things of any
unauthorised use of your email address or any other breach of
security that you become aware of. You agree to release and
indemnify Wishes and Things in relation to any liability arising
out of the unauthorised use of your e-mail address, user name
and/or password.
Links to other Websites
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This site contains links to Websites ("Third Party Websites")
maintained by other companies and organisations. Wishes and Things
does not make any warranties or representations:
i. - as to the quality, accuracy, merchantability or fitness for
purpose of Third Party Website material or products or services
available through Third Party Websites and Wishes and Things will
not accept any responsibility for the accuracy, ownership or any
other aspect of the information contained on those Third Party
Websites; or
ii. - that Third Party Website material does not infringe the
intellectual property rights of any person. Wishes and Things does
not authorise the reproduction of Third Party Website material by
linking material on the Wishes and Things Website to Third Party
Website material.
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All offers to sell and statements relating to goods and services
available on Third Party Websites are the responsibility of and
given by the Third Party Website operator. Wishes and Things
expressly disclaims acting in any other respect on behalf of Third
Party Website operators.
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The Wishes and Things Website also may contain third party
advertisements from time to time (including banner ads and referral buttons) which
contain embedded hyperlinks to Third Party Websites. All third
party advertising is paid for by the relevant third party
advertisers and the placement of third party advertisements on the
Wishes and Things Website does not constitute a recommendation or
endorsement by Wishes and Things of the products or services
advertised. The third party advertiser is solely responsible to
you for any representations or offers made by it and for the
delivery of any goods or services you agree to purchase from any
Third Party Website.
Intellectual Property
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Unless otherwise indicated, intellectual property rights in the
information on the Wishes and Things Website is owned or licensed
by Wishes and Things. All rights are reserved.
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Material contained in the Wishes and Things website cannot be used
in any way without the previous permission from Wishes and Things.
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Any trademark or logos which appear on the Wishes and Things
Website are owned or licensed to Wishes and Things. You must not
do anything to prejudice the rights of the trademark owner or
licensee to such trademark or logo.
Viruses
Release and Indemnity
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You hereby waive any
and all claims that you now have or may have in the future against
Wishes and Things, and its representatives.
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You further agree to hold Wishes and Things, and its
representatives harmless from any claim or demand, including the
costs of legal fees.
Participation in Promotions of Advertisers
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From time to time, Wishes and Things may communicate, via email,
items that may be of interest to you as a Member or as a user of
the Wishes and Things Website if and only if you have agreed upon
registration or subsequently to receive such emails.
Applicable Law
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These Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of New South Wales,
Australia. You and Wishes and Things agree to submit to the
exclusive jurisdiction of the courts of the State of New South
Wales, Australia and any courts of appeal.
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If any provision(s) of these Terms and Conditions is held by a
court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining
in full force and effect.
No Waiver
General
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The products and services offered for sale by Wishes and Things
are only available to individuals who can make legally binding
contracts. The products and services are not available to persons
under the age of 18 years old, except where such contracts are
permitted by law, and any other persons who are legally prohibited
from entering into binding contracts.
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Any party engaging in illegal activities involving the use of the
Wishes and Things Website may be subject to civil and criminal
prosecution. Wishes and Things cannot guarantee that it will be
able to prevent any illegal or inappropriate use of the Wishes and
Things Website, nor can Wishes and Things guarantee that it will
give advance notice or warning of any illegal or inappropriate use
of the Wishes and Things Website.
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