Common Questions

1. User Agreement.

1.1 By using the mandarinagifts.com website (and App and mobile sites) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and mandarinagifts.com.au (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

1.2 Additional terms and conditions of use may apply to any of our other sites or to any products or services offered by any of the Mandarina Gifts Online Sites. If additional terms of use or conditions apply we will bring them to your attention and you will be bound by them. Should any term within these Terms conflict with the additional terms and conditions of a particular site, the latter’s terms will prevail to the extent of the conflict.

1.3 By participating and continuing to use the Mandarina Gifts Online Sites you indicate your consent and agreement to these Terms.

 

2. Specific terms are applicable to marketplace sales.

2.1 In addition to selling its own goods and services, mandarinagifts.com also operates as a marketplace platform that allows independent, third-party sellers who abide by our standards to list and sell goods on our Website (“Sellers”). If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).

2.2 By buying these goods, you are transacting directly with the Seller, and mandarinagiftsaus.com is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

2.3 In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third-party Sellers.

2.4 You agree that as a platform for independent Sellers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Seller's goods or services. Sellers are the 'supplier' of the goods under the Australian Consumer Law responsible for all statutory guarantees and warranties (if any). To the extent permitted by law, mandarinagifts.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).

 

3. Registration and User Requirements.

3.1 You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

3.2 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

3.4 To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have the capacity to enter into a legally binding agreement with us.

 

4. Access and use of the Website.

4.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

4.2 You must not (or attempt to):

• interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;

• use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;

• interfere (or attempt to interfere) with security-related or other features of our site; or

• use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

4.3 We may refer to fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorized activity on your account if you fail to keep your account login information secure.

4.4 You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

4.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

 

5. Information on this Website.

5.1 Information about goods on the Website is based on material provided by third-party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

5.2 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

5.3 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

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6. Disclaimer and Liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

6.1 errors, mistakes or inaccuracies on the Website or our social media pages;

6.2 you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;

6.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
6.4 any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

6.5 any interruption or cessation of transmission to or from the Website;

6.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
6.7   the quality of any product or service of any linked sites.

6.8 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party Sellers of goods and services.

6.9 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

6.10 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions. 

 

7. Indemnity 

7.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement. 

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8. Placing Orders 

8.1You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

8.2 The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

8.3 Orders placed by you are offers to purchase either:

8.4 A voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or

8.5 Goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

Goods sold by mandarinagifts.com are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.

8.6 When an order is placed for a Sellers goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.

8.7 We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.

8.8 Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances, the order will be refunded in full.

8.9 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.

8.10 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

8.11 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

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9. Price, Payment and Use of Discount / Coupon Codes

9.1 The prices of goods, delivery and other charges shown are in Australian dollars.

9.2 All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

9.3 A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.

 

10. International Sellers and Direct Import Goods

10.1 Where you purchase goods from an overseas-based Seller, they may be subject to the GST low-value import threshold, whereby goods with a value of less than $1,000 are not subject to GST. More information can be found at border.gov.au. You may be required to lodge a Customs Import Declaration and pay relevant taxes if the cost of goods exceeds the threshold.

10.2 By purchasing goods from these Sellers and importing them into Australia you acknowledge and agree that you will be recorded as the importer of the goods and will be the responsible for paying any taxes where applicable (including GST, duties and other charges ) associated with the importation of these goods, as well as, where applicable, compliance with any Australian standards or laws that may apply to the importation of such goods.

10.3 Multiple goods from an international Seller(s) delivered to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether any customs duties and/or GST is payable on such orders.

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11. Shipping and Delivery

11.1 We will use our best endeavours to meet stated time frames for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for a standard post). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.

11.2 Please note, your order may arrive in multiple packages from multiple carriers.
11.3 Standard and express post, are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges these charges will be highlighted on the product. Before you make your way to the checkout.

11.4 Express Post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.

11.5 Express Delivery Time frame

11.6 Metro delivery; 2 - 10 business days

11.7 Regional delivery; 7 - 14 business days

11.8 Remote delivery; 8 - 21 business days

11.9 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery.

(a) We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames;

(b) A parcel has been signed for delivery has occurred (regardless of whether or not you have personally accepted delivery).

11.10 We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

11.11 While we always strive to ensure on-time delivery, there might be instances when the package may be delivered past the confirmed date.

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12. Packaging and Labelling

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12.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

12.2 We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.

12.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.

 

13. Change of Mind Returns

13.1 The following clause applies to goods sold by mandarinagifts.com only. Sellers may have their own policies and procedures in relation to change of mind returns.

13.2 We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is,

13.2 (a) Returned within 28 days of order;

13.2 (b) Not used or worn (with original tags and/or packaging);

13.2 (c) In a resalable condition; and

13.2 (d) Are not damaged in any way.

13.3 We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.

13.4 If we allow a return in these circumstances, we will ask you to follow our returns process.

13.5 We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns is not accepted for intimates.

13.6 Several types of goods are exempt from being returned. Perishable goods as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable item:

- Gifts Cards

- Downloadable software products

- Some health and personal care items

To complete your return, we require a receipt or proof of purchase, and shipping shall be cover by the purchaser.

13.7 Credit

13.7 (a) Regarding handmade products and regarding a unique and individual item not able to replace due to one-off making, we provide credit once the product has been returned. These items shall be labelled on our website as Handmade.

13.7 (b) Gifts returns are refunded only with a credit voucher. Proof of purchase sale is required. If an item was been marked as a gift when purchased and shipped directly to you. You’ll receive a gift credit for the value of your return. Once the returned items are received, a gift certificate will be mailed to you.

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14. Problems with your goods – Contacting Us – Help Centre

14.1 If you have a problem with your goods, please contact us via the Help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.

14.2 For goods purchased from an independent Seller, click on the Help Centre button. We will otherwise assist you to contact the Seller if you contact us.

14.3 If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect; however, you may still contact us through our Help Centre.

14.4 Once an item is returned we will inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.

14.5 If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

14.6 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.

14.7 We aim to process refunds and replacements within 28 days of receipt by us of the original product; however, depending on your item and the number of returns in our system, this may take longer.

14.8 In the case of goods and/or services redeemable through a third-party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.

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15. Defective Goods

15.1 All goods sold on mandarinagiftsaus.com.au (whether by us or an independent Seller) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for 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.

15.2 Any product warranty given by mandarinagifts.com will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product's listing.

15.3 Goods that you purchase from our site (including Seller goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by mandarinagifts.com and rights you may have in relation to those warranties are separate to any warranty rights given to you by mandarinagifts.com. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

15.4 In the event that You have a warranty claim in respect of a Product delivered within Australia, you will be asked to return the relevant Product to an Australian support centre.

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16. Dispute Resolution – third party Seller goods

16.1 If you wish to raise a dispute with us concerning goods you have purchased from a third party seller, please contact our Help Centre.

16.2 You must first have attempted to resolve your dispute with the Seller prior to us opening a dispute case. Once a dispute case is opened, we will collect relevant information from both you and the Seller concerning your dispute to make a determination.

16.3 We attempt to resolve disputes as quickly as possible. We rely on you and the Seller promptly providing all the information we need to resolve a dispute.

16.4 We will make a determination on your dispute in accordance with our standard refunds and returns policies.

 

17. Social Media and Content

17.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user-generated material ("Social Media"), is the sole responsibility of the person from whom such content originated.

17.2 You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that are offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law; we do not accept liability in this regard.

17.3 As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:

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17.3a You do not have the right to post;

17.3b Is defamatory or in contempt of any legal or other proceedings;

17.3c Is misleading or deceptive;

17.3d Is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

17.3e Denounces religious or political beliefs;

17.3f Contains religious or political material;

17.3g Is indecent, obscene, vulgar, pornographic or offensive;

17.3h Infringes any copyright, trademark, patent or other intellectual property rights of another person;

17.3i Contains any unsolicited or unauthorised advertising or promotional material;

17.3j Contains or links to viruses, malware, spyware or similar software; or

17.3k Impersonates any person or misrepresents your relationship with any person.

17.3L We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.

17.3m You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

 

18. Intellectual Property

18.1 All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website are either owned, controlled, or licensed to mandarinagifts.com, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

18.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

18.3 You may not:

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18.3a Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or

18.3b Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

18.3c If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide. 

18.3d You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

18.3e We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

18.3f We shall be entitled to assign the benefit of any agreements we have with you to the third party.

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