Terms & Conditions

1.0 Acceptance

1.1

These terms and conditions form a legally binding agreement between you and Billabong Factor - ABN77 895 020 239 ("we" or "us") in relation to your order(s) of Products and Services placed through AustraliaGift.com web site, or by email, facsimile, telephone, or mail where link or reference to this Terms and Conditions was brought up or mentioned.
Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.

2.0 Changes to Terms and Conditions

2.1

These are the current terms and conditions. We may at anytime vary these terms and conditions by publishing the varied terms and conditions at the AustraliaGift.com website.

3.0 Information

3.1

When you provide us with any information e.g. order details or delivery details, you are representing and warranting to us that all of the information provided is correct and you indemnify Billabong Factor for any losses, costs, expenses or damages that we may suffer if any of the information is not correct.

3.2

When placing an order you accept these terms and conditions and any others we may advise you of.

4.0 Ordering

4.1

Placement of an order is an irrevocable offer by you to purchase products and services you have ordered. Billabong Factor is not obliged to accept your order and we may accept or reject your order for any reason, including, without limitation, un-availability of any product, an error in the price or the product description or an error in your order.

4.2

The contract with Billabong Factor for the purchase of products and services described in your order only becomes binding when we notify you that we have accepted your order and receipt of your payment has been confirmed.

4.3

Your order is considered to be placed when your payment is received and cleared and, if (where applicable), required artwork, layouts and quantities are not subject of further changes.

5.0 Price and Payment

5.1

For each order, you will be charged agreed price of the goods plus applicable service charges, if any. Such charges may include, delivery, printing, artwork adjustment, setup costs and GST applicable to those services. (Refer to Section 7.0 Goods and Services Tax).

5.2

Orders can be paid for by: PayPal, MasterCard, Visa Card, Bank deposit, Wire Transfer, Cheque. If you pay by cheque issued by Australian Bank, please allow 5 working days for cheque clearance. If cheque is issued by overseas (not Australian) bank, clearance takes 40 days and $15 service fee is applicable.
Credit Card Processing
For security reasons, Billabong Factor does not process any credit card details online. All payments are processed manually by one of our customer service members once your order has been received. This ensures that you are only charged for items that are despatched. You will be provided with a receipt of payment with your goods.

5.3

Payment must be received in full prior order is shipped. Orders with custom printed (engraved, or embossed) items must be paid in full prior we start printing.

5.4

Orders will not be processed until payment is cleared.

6.0 Refund and exchanges

6.1

We will replace the goods, or make a refund if the goods you've received

are not merchantable quality, and
if the goods return was accepted by us, and
if the goods are returned unused, in original package, in reasonable time

Postage for the returned goods is on sender's account unless otherwise was agreed.

6.2

We will not accept goods return and will not issue a refund for the goods purchased

if the goods arrived to you later than you would expect,
if you've changed your mind, or your circumstances have changed,
if the goods or designs haven't meet your expectations

6.3

Refunds on customized corporate gift orders are not accepted.

6.4

Exchanges on customized corporate gift orders are not available unless the goods are proven to be faulty or damaged as a result of the production process or our mistake.

6.5

We cannot accept returns or exchanges unless authorized by Billabong Factor corporate services. Request for return or exchange must be made within ten days of receipt of order. Unauthorized returns will not be accepted. All authorized returns will incur a re-stocking fee of 15% of the original retail value.

7.0 Goods and Services Tax (GST)

7.1

GST is not applicable for orders shipped overseas. GST is only applicable to orders shipped within Australia.

7.2

GST will apply to the sale of goods and services that are subject of Australian GST.

8.0 Delivery, Title and Risk

8.1

Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay.

8.2

All orders are delivered via agreed carrier to a nominated delivery address, unless agreed otherwise.

8.3

Following shipping options are available:

Carrier	Estimated Delivery Time	Type of service
in Australia
Fastway	1-10 days	Door-to-Door, Nation wide
Australia Post	1-7 days	Door-to-Door, Nation wide
Customer's arrangement
International
Australia Post, Airmail	5-20 days	Door-to-Door, no online tracking
Australia Post, EMS	3-7 days	Door-to-Door
Air Cargo	3-5 days	Delivery to your nearest International Airport. Clearance and pick-up from airport is Customer's responsibility. Recommended for shipments of more than 50kg / 110lb
FEDEX	3-5 days	Door-to-Door. Freight could be charged onto your FEDEX account
DHL Express	3-5 days	Door-to-Door. Freight could be charged onto your DHL account
Customer's arrangement

8.4

Insurance is optional, but recommended. Goods are in your responsibility once we transfer it to the carrier.

8.5

Risk in the goods and products passes to you once the goods and products are transferred for delivery to the carrier.

8.6

Title to the goods and products passes to you upon receipt of payment. All goods, delivered or not, remain our property until payment is received in full. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.

9.0 Order Cancellations

9.1

An order or part of order can be cancelled, prior the invoice is issued at no additional cost

9.2

We reserve the right to decline a cancellation request if:

9.2.1

the invoice has already been issued;

9.2.2

the order has been activated;

9.2.3

the payment has been cleared; or

9.2.4

not withstanding any of the above for any other reason at the discretion of Billabong Factor.

10.0 Privacy

10.1

Billabong Factor is committed to safeguarding information that is provided to us. When you place order with us, we collect information that that is required to process and complete your order.

10.2

Information may be shared with specialist service providers to administer the production and delivery of the goods.

10.3

You can request access to the information we hold about you and/or your company. You can also amend the information at anytime.

11.0 Disclaimers and Limitation of Liability

11.1

If the goods or any defects in the supplied goods cause death, injury or damage to any person or property, our liability for any loss or damage in respect of the goods shall be limited to the contract value of the goods that caused such loss or damage. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out in paragraph 6. Nothing in these terms and conditions shall affect the right of a consumer.

12.0 Applicable Law

12.1

These Terms and Conditions are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your order is exclusively subject to the jurisdiction of the courts of New South Wales, Australia.