The Website contains graphics, information, data, editorial and other content accessible by our registered users. You must register before you can access the user only portion of the Website and to gain access to the services. You acknowledge and agree that, as between you and us, the Company is the owner of the intellectual property rights in the Website including all trademarks and logos on the Website and that those intellectual property rights remain the sole and exclusive property of the Company at all times. You are licensed to use the Website content only for personal use. You may not download the whole or significant portions of any image, content or work. Online or other republication of Website or any portion thereof is prohibited. Violation of this license may result in your registration being revoked and legal action for injunction, damages or both.

As part of the registration process, you will select a username and password. You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of these Terms. Due to the fact that our gifts often include alcohol, you must be at least 18 years old to register. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorisation; or (iii) use a name that we, in our sole discretion, deem inappropriate. The Website is operated in Australia and operated to be in compliance with the laws of the Commonwealth of Australia. Access is governed by these terms and conditions under the laws of the State of Victoria and the Commonwealth of Australia. Registration as a user of the Website or services provided results in your customer information being stored and processed in Australia, and you, in registering, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of the Website from outside Australia you consent to the storage and processing in Australia of the personal information you submit. You may and should review and correct your personal information regularly. You must notify us by regular mail or by e-mail at enquires@kirbyandkirby.com.au of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You will be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others for access to the Website is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

The price of each gift is set out on the Website and, where applicable, GST has been calculated and included in the total cost of the gift. If you require a personalised or modified gift, we will provide you with an estimate of the cost prior to your confirmation of your order. We accept most credit cards and bank cards through our on-line shopping cart and check-out system. You may only access this online order and payment system once you have registered and agreed to these Terms. In addition to credit card payments, payment may be made by Cheque or Electronic Funds Transfer (EFT) however, you must arrange for such payment by contacting us [refer to the “Contact Us” section of the Website]. Please be aware that the ordered items will not be despatched until the relevant cheque is cleared or EFT is verified. Your security is important to us and we use secure servers and secure socket layer (SSL) data transfer for strong encryption of all customer information. Entering a secure area on our site switches on the padlock (bottom right-hand corner of your screen). In your address bar you see ‘s’ added to ‘http’ indicating encryption of data. This means personal data entered at our site cannot be intercepted and read by a third party. We switch to a secure server before requiring you to enter any credit card information. Although all care has been taken to provide a secure environment, the security of payments made over the internet cannot be guaranteed.

Delivery charges are not included in the price of the gift. The appropriate delivery cost will be added to your order during the on-line check out process. Details of our delivery fees, terms and timeframes are set out in the “Delivery” section of the Website.

Unless otherwise indicated, copyright in all information and other materials on this Website is owned by or licensed to us. All rights are reserved.
You may not reproduce, alter, adapt, distribute, display or otherwise exploit for any commercial purpose this Website or any part of this Website unless you obtain our prior express permission. Nothing contained on this Website should be construed as granting any licence or right of use of any trade mark displayed on the Website without our express written consent.

We will send electronic mail to you, for the purpose of informing you of changes or additions to the Website, or of any of our related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word “unsubscribe” (without the quotes) in the subject line.

Any personal information that we collect about you through the Website is considered private and confidential. We will not knowingly divulge information or data without specific permission from you. The only information provided to third parties is the client or delivery address details to enable delivery of the gift. We do not sell or trade customer information.

When an advertised item is not available, that item will be replaced with one of equal quality and value (price). For display purposes, some products on the Website have been featured with additional props or items. Unless an item is listed, it is not included in the order.

Please chose carefully as we do not accept returns or offer refunds for gifts once delivered. In the unlikely event that a product does not reach you or the gift recipient in good condition, you must notify us within 48 hours of receipt of the product, and we will replace the product at no charge upon the product being returned to us.

Cancellation of a delivery, or alternations to an order must be made at least 24 hours prior to despatch. Please note that if you cancel an order outside of this period you may be charged for costs we incur in acquiring perishable goods to make up the gift ordered by you.

Links to other websites are provided for your convenience. We does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this Website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not accept any liability for your access, use or reliance on those websites. You may not link to our Website without our consent.

We have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Website, however we make no representation or warranty of any kind, whether express or implied, as to the reliability of the information it contains. The information is believed to be accurate and current at the date the information was placed on the Website. We disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. We do not accept any responsibility arsing in any way (including negligence) for errors in, or omissions from, the information contained in this Website. To the maximum extent permitted by law we exclude liability for any losses or damages or expenses (including legal costs) whatsoever arising out of your use of this Website. We can not ensure that files you download from the Website will be free of viruses or contamination or destructive features. We do not warrant that the Website is free from anything which may damage your computer.

Where legislation implies in these terms any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, our liability for any breach of such condition or warranty or any other breach of these terms and conditions will be limited, at our option, to one or more of the following:

(a)    If the breach relates to goods:

(i)    the replacement of the goods or the supply of equivalent goods;

(ii)    the repair of such goods;

(iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)    the payment of the cost of having the goods repaired; and

(b)    If the breach relates to services:

(i)    the supplying of the services again; or

(ii)    the payment of the cost of having the services supplied again.

Except in jurisdictions where such provisions are restricted, in no event will we be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, business interruption of the loss or data or information, even if we have been advised of the possibility of such damage.

All orders are processed and distributed by Kirby & Kirby Pty Ltd ACN 128 458 435. All orders are transmitted from our licensed premises at 138 Salmon Street, Port Melbourne Victoria 3207 (Licence number 36109161). Persons under 18 years of age are not permitted to place orders for alcohol. Our delivery arrangements include strict checks in relation to proof of age of all purchasers.

Under the Liquor Control Reform Act 1998 it is an offence:

• To supply alcohol to a person under the age of 18 years [Penalty exceeds $6,000]
• For a person under the age of 18 years to purchase or receive liquor [Penalty exceeds $500]

www.kirbyandkirby.com.au supports the responsible service of alcohol.