Terms of Service

Overview
This website is operated by The Simple Gesture (ABN: 86157650614). Throughout the site, the terms “we”, “us” and “our” refer to The Simple Gesture.  The Simple Gesture offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. Acceptance of our Terms
By visiting The Simple Gesture’s website, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to The Simple Gesture you agree to be bound by the following Terms and Conditions of Service. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.  You understand, agree and acknowledge that these Terms and Conditions constitute a legally binding agreement between you and The Simple Gesture and that your use of The Simple Gesture shall indicate your conclusive acceptance of this agreement.

2. Provision of Services
You agree and acknowledge that The Simple Gesture is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.

3. Proprietary Rights
You acknowledge and agree that The Simple Gesture may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.  Nothing contained on this Site is intended or will be construed as granting any express or implied right to you to, and you must not, use or exploit any patent, copyright, trade mark, trade secret or other intellectual property within the content of this Site.

4. Submitted Content
When you submit content to The Simple Gesture you simultaneously grant The Simple Gesture an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to The Simple Gesture.

5. Termination of Agreement
The terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties
You understand and agree that your use of The Simple Gesture is entirely at your own risk and that our services are provided "As Is" and "As Available". The Simple Gesture does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of The Simple Gesture website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability
You understand and agree that The Simple Gesture and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not The Simple Gesture has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of The Simple Gesture is limited to the greatest extent permitted by law. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

8. External Content
The Simple Gesture may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that The Simple Gesture is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by The Simple Gesture to resolve any legal matter arising from this agreement or related to your use of The Simple Gesture. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining Terms and Conditions will continue to be valid.

10. Entire Agreement
You understand and agree that the above Terms and Conditions constitute the entire general agreement between you and The Simple Gesture. You may be subject to additional Terms and Conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms and Conditions
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. The Simple Gesture reserves the right to modify these Terms and Conditions from time to time at our sole discretion and without any notice. Changes to our Terms and Conditions become effective on the date they are posted. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Payment
The Simple Gesture uses Stripe and PayPal payment gateway to process all payments. No payment details are stored on our servers. Fees and charges or any other amounts are included in the prices displayed at order confirmation.

Correspondence
The Simple Gesture will correspond with the customer via the primary contact email address provided at checkout. The Simple Gesture does not hold responsibility for correspondence not being received at this address. It is the customer's responsibility to immediately advise us of any changes to their primary contact email address.

Privacy
We only collect Personal Information from our Site users in connection with inquiries and fulfillment of orders. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Modification to product and/or service
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Product and Services
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Shipping fee
For all orders to be delivered to an Australian address outside the local delivery area there is a standard shipping fee via Australia Post or alternative courier. Please allow 1-10 business days for gift box to arrive.

Shipping

1. Where the Order is to be delivered to an Australian address outside the local delivery area, The Simple Gesture will: use reasonable efforts to deliver the Order within 10 working days (Monday-Friday excluding official public holidays) from the date the Order was submitted by you; and send the Order by Courier/Australia Post where the Order is to be delivered to a street address outside the local delivery area.  The Simple Gesture does not deliver to PO Boxes.
2. You will be required to sign for all deliveries made by registered mail and couriers.
3. The Simple Gesture is not responsible for delays caused by adverse weather conditions or the customs clearance process.
4. The Simple Gesture is not responsible for payment of return shipping costs or costs to resend the package if you supply an incorrect address, multiple failed attempts to reach you at point of delivery or otherwise.  You are responsible for all shipping costs associated with returned packages due to failed delivery.

Orders

1. To submit an order for The Simple Gesture gift box, you must: Create an account with The Simple Gesture on this website by registering your details and; Complete and submit payment via online order form through The Simple Gesture website.
2. The Simple Gesture reserves the right to refuse an Order.  If this is the case, The Simple Gesture will notify you as soon as possible and refund to you any payment in full.
3. All products ordered are for personal use and gifting only.  They must not be resold in any form or any place.  The Simple Gesture reserves the right to take legal action against unauthorised and unofficial sale of goods.

Prices and Payment

1. All prices on the website are in Australian Dollars. Prices are subject to change without notice. 
2. The amount payable to The Simple Gesture for an Order (Order Amount) will be the total of the following amounts: the sum of the price of each product ordered as indicated on the website at the time of submitting the order (product subtotal); the cost of delivery the sum of any other fees incurred for the Order You must pay the Order amount at the time of submitting the Order.

Returns
Our policy lasts 10 days. If 10 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such 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.

To complete your return, we require a receipt or proof of purchase.

Only items purchased on The Simple Gesture website can be returned to The Simple Gesture for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase.

The Simple Gesture will only accept the return of the items supplied by The Simple Gesture that are different to the one you have ordered.   We will replace the incorrect product with the correct item.  Please note items must be returned to receive a Refund/Exchange.  We recommend you use a tracked service to return items as we will not be liable for Refunds/Exchanges for any undelivered goods.  Returned items must be completed within 10 days of receiving your item. Refunds may take up to 10 working days depending on your bank.

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged.  

Return Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Contact information
Questions about the Terms and Conditions should be sent to us via the contact us form.