Terms of service

TERMS OF SERVICE

Last updated: 30 September 2026

OVERVIEW

Welcome to Ever and Always Gifts.

The terms “we”, “us” and “our” refer to Ever and Always Gifts (ABN 68 792 624 826).

Ever and Always Gifts operates this website and online store, including the information, content, products, features and services made available through it (the “Services”).

Our online store is powered by Shopify, which provides the ecommerce platform that allows us to sell our products to you.

These Terms of Service (“Terms”) set out the terms that apply when you access our website, use our Services or purchase products from Ever and Always Gifts.

By accessing our website, placing an order or otherwise using our Services, you agree to these Terms and our Privacy Policy.

If you do not agree with these Terms, you should not use the Services.

Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

SECTION 1 – ELIGIBILITY AND ACCOUNT INFORMATION

You must be at least 18 years of age, or have the consent of a parent or legal guardian, to place an order with us.

When making a purchase, you agree to provide accurate, current and complete information, including your name, email address, billing information, delivery address and payment details.

If you create an account, you are responsible for maintaining the confidentiality and security of your login information and for activity undertaken through your account.

You must notify us promptly if you believe your account has been accessed without your permission.

SECTION 2 – OUR PRODUCTS

We take reasonable care to ensure that product descriptions, photographs, colours, dimensions and other information displayed on our website are accurate.

However, colours and product appearance may vary slightly depending on your device, screen settings, lighting and photography.

Packaging, ribbons, gift boxes, product labels and presentation may also occasionally vary from photographs shown on our website.

These reasonable variations do not affect your rights under the Australian Consumer Law.

All products are subject to availability and we may discontinue or change products from time to time.

SECTION 3 – HAMPERS AND PRODUCT SUBSTITUTIONS

Our hampers and gift boxes may contain a number of individual products sourced from different suppliers.

From time to time, a particular product, flavour, colour, fragrance, packaging style or other item shown in a hamper may become unavailable.

Where this occurs, we may substitute the unavailable item with another product of a similar type, quality and value, or greater value.

We will make reasonable efforts to ensure that any substitution maintains the overall quality, style, purpose and value of the hamper.

If a proposed substitution would materially change the nature of the hamper, we will make reasonable efforts to contact you before completing the order.

Product substitutions will not knowingly be made in a way that conflicts with a dietary requirement or other important requirement that we have expressly agreed to in writing.

SECTION 4 – FOOD, INGREDIENTS AND ALLERGENS

Some of our gift hampers contain food and beverage products supplied by third-party manufacturers.

Ingredient and allergen information is provided by the relevant manufacturer and may change from time to time.

Customers and gift recipients should always read the ingredient and allergen information displayed on the individual product packaging before consumption.

Products may contain, or may have been manufactured in facilities that handle, common allergens including nuts, peanuts, dairy, gluten, soy, sesame and other allergens.

If you or the intended recipient has a food allergy, intolerance or specific dietary requirement, please contact us before placing your order so that we can advise whether the selected hamper is suitable.

Unless we expressly confirm otherwise in writing, we cannot guarantee that a product or hamper is completely free from traces of a particular allergen.

Nothing in this section excludes any obligations or rights that apply under Australian law.

SECTION 5 – ORDERS

When you place an order through our website, you are making an offer to purchase the selected products.

An order is accepted once we have received payment and confirmed acceptance of your order.

We may decline or cancel an order where there is a legitimate reason to do so, including:

a product being unavailable;
an obvious pricing or product-description error;
suspected fraud or unauthorised payment activity;
an inability to deliver to the nominated address;
a breach of these Terms; or
circumstances where accepting the order would be unlawful.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled product or order using the original payment method unless another method is agreed with you.

You are responsible for reviewing your order carefully before submitting it.

If you need to change or cancel an order, please contact us as soon as possible.

We will make reasonable efforts to accommodate changes or cancellations, but we cannot guarantee that changes can be made once an order has been prepared, packed or dispatched.

SECTION 6 – GIFT RECIPIENT AND DELIVERY INFORMATION

Many of our products are purchased as gifts for another person.

You are responsible for ensuring that the recipient’s:

name;
delivery address;
contact details; and
gift message

are entered correctly when placing your order.

Please review these details carefully before completing checkout.

If an incorrect or incomplete address is supplied and an order is returned to us, you may be required to pay an additional delivery charge before the order can be resent.

Where an order has been delivered to the address supplied by you, we are not responsible for an incorrect delivery caused solely by incorrect address information supplied with the order, except where required by law.

SECTION 7 – PRICES AND PAYMENT

All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.

Prices include applicable taxes where required by law.

Delivery charges and any other applicable charges will be displayed before you complete your order.

Prices, promotions and discounts may change from time to time.

The price applicable to your purchase will generally be the price displayed at the time your order is submitted.

If we identify an obvious pricing error after an order has been placed, we will contact you.

Where appropriate, you may be given the option to proceed at the correct price or cancel the affected product or order for a full refund.

You agree to provide current, complete and accurate payment information and confirm that you are authorised to use the selected payment method.

SECTION 8 – SHIPPING AND DELIVERY

Available delivery options and applicable delivery charges are displayed at checkout.

Any delivery timeframe stated on our website or provided at checkout is an estimate rather than a guaranteed delivery date, unless we expressly state otherwise.

We will take reasonable steps to dispatch orders within the timeframe advised.

Delivery times may be affected by circumstances outside our reasonable control, including courier delays, severe weather, public holidays, high-volume periods and other transportation disruptions.

If your order is significantly delayed, damaged during delivery or does not arrive, please contact us so that we can investigate and assist with an appropriate resolution.

Nothing in this section limits your rights under the Australian Consumer Law.

SECTION 9 – RETURNS, REFUNDS AND AUSTRALIAN CONSUMER LAW

Our Refund Policy forms part of these Terms and explains our return and refund procedures.

We are not required to provide a refund or exchange simply because you change your mind, unless we have expressly agreed to do so under our Refund Policy.

However, our change-of-mind policy does not affect your rights under the Australian Consumer Law.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances, if a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy provided by law.

Nothing in these Terms or our Refund Policy is intended to exclude, restrict or modify those rights.

If there is a problem with your order, please contact us at:

everandalwaysgifts@outlook.com

Please include your order number and, where relevant, photographs showing the issue so that we can assist you.

SECTION 10 – PRODUCT AVAILABILITY AND ERRORS

We aim to keep the information on our website accurate and up to date.

Occasionally, information may contain typographical errors, inaccuracies or omissions relating to matters such as:

product descriptions;
product availability;
pricing;
promotions;
delivery charges; or
delivery estimates.

We may correct genuine errors or update information when they are identified.

If an error materially affects an order you have already placed, we will contact you and provide an appropriate option, which may include confirming the corrected information or cancelling the affected product for a refund.

SECTION 11 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content of our website, including our business name, branding, logo, graphics, photographs, product photographs, text, designs and other original content, is owned by or licensed to Ever and Always Gifts.

You may access and use our website for your personal, non-commercial use.

You must not copy, reproduce, republish, distribute, modify or commercially exploit our content without our prior written permission, except where permitted by law.

Third-party trademarks, product names and logos remain the property of their respective owners.

Shopify's trademarks and intellectual property remain the property of Shopify and its licensors.

SECTION 12 – REVIEWS, COMMENTS AND FEEDBACK

If you voluntarily submit a review, photograph, testimonial, suggestion or other feedback to us, you confirm that you have the right to provide that material.

You grant Ever and Always Gifts permission to use, reproduce and display that material for purposes reasonably connected with operating and promoting our business, including on our website and social media channels.

We will not knowingly publish content that we reasonably believe infringes another person's rights or is unlawful.

You must not submit content that is:

false or misleading;
defamatory;
abusive or threatening;
obscene or unlawful;
in breach of another person's intellectual property or privacy rights; or
designed to introduce viruses, malware or other harmful code.

SECTION 13 – PROHIBITED USES

You must not use our website or Services:

for an unlawful or fraudulent purpose;
to infringe our rights or the rights of another person;
to transmit malicious software or harmful code;
to harass, threaten or abuse another person;
to provide deliberately false or misleading information;
to impersonate another person;
to interfere with the security or operation of our website;
to collect another person's personal information without lawful authority; or
to reproduce or commercially exploit our website or content without permission.

We may restrict or suspend access to our website where reasonably necessary to protect our business, customers, website or legal rights.

SECTION 14 – THIRD-PARTY SERVICES AND LINKS

Our website may contain links to, or integrations with, services operated by third parties.

These may include payment providers, delivery providers, social media platforms and other services.

Third-party websites and services are generally governed by their own terms and privacy policies.

We are not responsible for the content or operation of an independent third-party website that we do not control.

Nothing in this section affects any responsibility we may have under applicable law.

SECTION 15 – SHOPIFY

Our online store is hosted by Shopify.

Shopify provides the ecommerce technology that allows us to operate our online store.

Purchases made through our store are transactions between you and Ever and Always Gifts, rather than a purchase from Shopify.

Certain services involved in your transaction may nevertheless be provided by Shopify or other third-party providers and may be subject to their applicable terms and privacy policies.

SECTION 16 – PRIVACY

We respect your privacy.

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Because our website is hosted by Shopify, certain information may also be processed by Shopify and other service providers involved in operating our online store.

Please review our Privacy Policy for further information about how your personal information is collected, used, stored and disclosed.

SECTION 17 – DISCLAIMER AND LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

To the extent permitted by law, Ever and Always Gifts is not responsible for loss or damage caused solely by circumstances outside our reasonable control where we have taken reasonable steps to provide the products and Services promised.

Any limitation or exclusion of liability in these Terms applies only to the extent permitted by law.

Nothing in these Terms is intended to exclude liability where it would be unlawful to do so.

SECTION 18 – CUSTOMER RESPONSIBILITY AND INDEMNITY

You are responsible for losses reasonably suffered by Ever and Always Gifts as a direct result of your unlawful misuse of our Services, deliberate breach of these Terms or infringement of another person's rights.

This section does not require you to indemnify us for loss caused by our own negligence, breach of contract, breach of law or failure to comply with an applicable consumer guarantee.

SECTION 19 – SUSPENSION OR TERMINATION

We may suspend or terminate a customer's access to an account or to certain Services where reasonably necessary because of:

fraud or suspected fraudulent activity;
unlawful activity;
material misuse of our website;
a serious or repeated breach of these Terms; or
a legal or security requirement.

Termination of website access does not affect rights or obligations relating to an order already completed or any rights that have accrued before termination.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the extent necessary.

The remaining provisions will continue to apply.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into them, form the agreement between you and Ever and Always Gifts regarding your use of our Services.

Nothing in this section excludes any representation, guarantee or other right that cannot legally be excluded.

SECTION 22 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms to another person without our written consent where our consent is reasonably required.

We may transfer our rights and obligations in connection with a genuine sale, transfer or restructuring of our business, provided that doing so does not reduce any rights you have under applicable law.

SECTION 23 – GOVERNING LAW

These Terms are governed by the laws applicable in New South Wales, Australia, subject to the Australian Consumer Law and any other mandatory laws or consumer protections that apply.

Nothing in these Terms prevents a customer from exercising any right they may have to bring a claim in a court or tribunal with jurisdiction under applicable law.

SECTION 24 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, website, products, Services or applicable legal requirements.

The current version will be published on our website together with the date it was last updated.

Changes will apply from the date stated in the updated Terms and will not retrospectively remove rights that have already arisen in relation to an existing purchase.

Where required by law, we will provide appropriate notice of material changes.