Forming part of the agreement between Love the Occasion and the Customer
In this document:
- The singular includes the plural and vice versa;
- A reference to one gender includes a reference to all other genders;
- Headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the clauses to which they relate;
- References to any statute or statutory provision include that statute or statutory provisions as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
- When a party comprises two or more persons the rights and obligations of such persons pursuant to this Document shall enure for the benefit of and bind all of them jointly and each of them severally;
- This document shall bind each party’s legal personal representatives, successors and assigns;
- a reference to Client is a reference to any customer of Love the Occasion
- a reference to the Company is a reference to Love the Occasion.
The use of the information and data contained on Love the Occasion’s website is at your sole risk. The information contained on Love the Occasion’s website is subject to change without notice. Love the Occasion makes every effort to ensure that the information contained on this website is accurate and reliable and takes no responsibility for any information that may not be accurate or may be incomplete. Love the Occasion recommends you read our Terms and Conditions at every visit to www.lovetheoccasion.com.au.
Confidentiality / Privacy
Love the Occasion is a small business and not required to comply with the National Privacy Principles (NPPs) contained in the Commonwealth Privacy Act 1988. Nevertheless we respect your privacy and will store your data as required in a manner to protect your personal information.
Love the Occasion will not disclose or sell your personal details, unless required by a matter of law. We respect your privacy and your personal information and will only use your information (which usually includes an individual’s name, address, contact details and other information specific to the service we are providing) to process your order. To place an order with us you must be a registered Customer. We may use your personal information to keep you up to date on the latest product announcements, special offers, and other information we think you would like to hear about. We may also contact you from time to time to obtain your thoughts on our services and products and how we could improve your Customer experience.
You can remove your personal information from Love the Occasion by contacting us in writing, via email. Please allow 7 days for your request to be processed. Once removed, you will not be able to purchase from Love the Occasion without re-registering. You can view or change your personal information at any time by clicking on ‘My Account’. The My Account page contains a record of all the personal information you have provided to us. In the absence of instructions we will assume that you authorise us to retain data solely for our own use as outlined above.
All payments to Love the Occasion will be processed via PayPal, subject to PayPal’s User Agreement as applies from time to time. We do not store credit card numbers.
Once your order has been placed, your credit card details are removed from the databases for privacy and security purposes.
When browsing Love the Occasion’s website, you are not required to enter any personal information and will remain anonymous during your entire visit. Generally, we don’t collect personal information when you browse.
Returns / Exchanges / Refund Policy
Love the Occasion ensures all products are in excellent condition prior to being dispatched. In the unlikely event you receive an item that is faulty, please contact us immediately, in writing via email, to advise details of how the goods are defective or faulty. We will then contact you within 24 hours (business hours) with a ‘Returns Form’. You will then need to return the defective or faulty goods for assessment by Love the Occasion within 7 days, along with the Returns Form and a copy of your invoice/receipt. The returned product must be in its original condition, unused and in its original packaging. Returned products will not be accepted if any items are missing from the original packet. Once the item has been received by Love the Occasion and a fault is detected, a full refund of the item price will be issued or a replacement product provided. Where a replacement is out of stock the Customer will be contacted.
Love the Occasion will not accept responsibility for any items damaged as a result of neglect or inadequate storage including direct sunlight, dampness, heat and spillages. As a number of our products are hand-crafted these items may vary slightly from individual item to individual item.
Return delivery is at the cost of the sender. Once assessed, should the returned product be found to not have a fault or is not defect or if the product has been damaged by misuse or through normal wear and tear, the product will be returned at the Customers expense.
Refunds are not given for Customers who may change their minds about goods purchased, chose the wrong product, did not receive their order in time for an occasion (due to Australia Post delivery), no longer want the products or you have ordered too many.
For goods damaged in transit, when the order has been sent by Australia Post, please contact Australia Post regarding the damage. When the order has been sent by courier the Customer must contact Love the Occasion in writing via email within two days of receiving the goods. The goods must be packaged well and returned to Love the Occasion at the Customers expense. This does not apply if the packaging alone is damaged.
We will not offer refunds or replace an item/s if you fail to contact us as soon as your product is received. Discounted / sale items purchased on our website, cannot be returned or exchanged. For all special order items, all sales are final due to the nature of the product. We do not provide refunds on balloons. Although our suppliers use the highest quality latex, balloons are fragile in nature and if not handled carefully, they can burst upon inflation. We therefore recommend you purchase extra balloons if you are concerned.
Refund will be given by either a cheque in the mail or by the same method as originally paid. This is at the discretion of Love the Occasion. Refunds will take up to two weeks to be processed once goods are assessed as faulty or damaged.
Our Returns / Exchanges / Refund Policy is at all times subject to and conditional upon the relevant wholesale supplier or manufacturer’s policy. In the event of any conflict between Love the Occasion’s policy and the wholesale supplier or manufacturer’s policy, the wholesale supplier or manufacturer’s policy will prevail. Love the Occasion will not be liable to accept a return, exchange a product or refund any payment unless the wholesale supplier or manufacturer of the product also accepts the return, exchange or refund, as the case may be.
Out of Stock Items
Should any item you order be out of stock, we will contact you and provide you with one of the following:
- An estimated arrival date of the out of stock item
- A choice of a substitute item of similar value
- A reduction in the total of your order to the value of the out of stock item
Stock Control and Processing Times
Orders will be dispatched within 1-4 working days however please allow extra time during busy periods eg: Christmas. If you need particular products by a specific date, email us so we can aim to have them dispatched to you well before your requested date.
We strive to have all stock available, however, at times there may be stock shown that is no longer available. If a product you have ordered is no longer available at the time of your order, we will notify you as soon as possible and offer you a choice of refund or exchange, or if the item is going to be restocked we will notify you.
Love the Occasion is not responsible for, nor does it give any warranty in respect of any materials, or other supplies which give rise to:
- any adverse affect on any person due to allergy or intolerant reaction arising from that person’s use of any materials supplied by Love the Occasion
- any damage suffered by any person or property in the conduct of any game or activity supplied by Love the Occasion.
- any loss or damage to any material and goods agreed to be supplied by Love the Occasion, which damage occurs in transit, during delivery or in any other manner after the material has left the premises of Love the Occasion.
You the Customer, hereby indemnify Love the Occasion against all claims, actions, suits, demands or costs made on or against Love the Occasion by any person arising from the provision of any goods and materials supplied by Love the Occasion.
A number of products sold by Love the Occasion may have age recommendations and are to be used only for their intended use. These age recommendations are contained in the description of the product for you to read before purchasing and also on the products packaging. Love the Occasion accepts no liability or responsibility for any loss, injury, health issues or damage to persons or property caused by age recommendations not being adhered to or through misuse of the products.
Methods of Payment
We accept credit card (Visa and Mastercard) via PayPal or Direct Deposit.
Orders will not be dispatched until payment has been received and is cleared / deposited into Love the Occasion’s bank account.
Prices listed include GST. Prices listed do not include freight.
Prices listed may be subject to an adjustment for any increases by the manufacturer or supplier at the date of dispatch, an adjustment for increases of tax (both federal and state), an adjustment for increases of imported goods caused by varying rates of exchange, customs or other duties or for any other reason which may cause an adjustment for increase in price.
Due to the size and weight variation of our products our freight charges are calculated on weight and in accordance with the current Australia Post pricing structure.
Australia Post regular surface mail will be used for most items. Larger/fragile items may be sent by Love the Occasion’s nominated courier service. Should you require your order urgently, please contact us upon checkout and we can discuss options to ensure your order is received by the required time frame.
Australia Post Regular Parcel and Australia Post Express Post Parcel options are available at the checkout on all items sent via Australia Post. We highly recommend you select the Australia Post Express Post Parcel option upon checkout to enable tracking of your purchase. Postage on your order will be automatically calculated at the checkout prior to processing payment.
Love the Occasion accepts no responsibility for lost items once they have left our care.
We will dispatch your order in one to four business days; however, this may be longer if an item/s is out of stock. As a number of our products are imported from overseas, sometimes delays may be experienced. You will be informed as soon as possible after placing your order if there is a delay in product availability.
Our business days are Monday to Friday, 9am till 3pm. Orders will not be dispatched or processed on weekends or Public Holidays and some delays may be experienced.
We deliver anywhere in Australia. There is no delivery to PO Boxes unless by prior arrangement.
All items are professionally packaged and wrapped accordingly to ensure a safe delivery.
Suburbs We Service
We aim to deliver our products to all areas within Australia serviced by Australia Post. These towns include but are not limited to:
Lithgow, Katoomba, Bathurst, Orange, Wetherill Park, Burnie ,Devonport ,Launceston, Melbourne, Ararat ,Benalla ,Ballarat ,Bendigo, Geelong, Hamilton ,Horsham , Moe, Morwell, Mildura ,Sale, Shepparton, Swan Hill, Traralgon, Wangaratta,Warrnambool, Mooroopna, Tatura, Wodonga, Airlie Beach, Rainbow Beach, Perth, Albany, Bunbury, Geraldton, Fremantle, Kalgoorlie, Mandurah, Wellington, Dubbo, Cowra, Forbes, Parkes, Young, Leeton, Griffith, Narrandera, Hay, Mildura, Goulburn, Yass, Cootamundra, Kiama, Nowra, Queanbeyan, Wagga Wagga, Albury, Deniliquin, Batemans Bay, Cooma, Merimbula, Wodonga, Wangaratta, Shepparton, Echuca, Swan Hill, Horsham, Bendigo, Seymour, Ballarat, Ararat, Portland, Warrnambool, Colac, Geelong, Warragul, Morwell, Traralgon, Sale, Bairnsdale, Mount Gambier, Mnt Gambier, Mt Gambier, Murray Bridge, Port Pirie, Pt Pirie, Gawler, Peterborough, Whyalla, Port Augusta, Augusta, Port Lincoln, Pt Lincoln, Burra, Kalgoorlie, Norseman, Esperance, Albany, Bunbury, Merredin, Busselton, Mandurah, Armadale, Fremantle, Midland, Northam, Moora, Geraldton, Carnarvon, Newman, Karratha, Port Hedland, Pt Hedland, Broome, Derby, Wyndham, Halls Creek, Collie, Adelaide River, Katherine, Alice Springs. Sydney, Albury, Armidale, Bathurst, Blue Mountains, Broken Hill, Cessnock, Coffs Harbour, Dubbo, Gosford, Goulburn, Grafton, Griffith, Lismore, Melbourne, Sydney, Darwin, Adelaide, Brisbane, Hervey Bay, Perth, Hobart, Tasmania, Cairns, Innisfail, Ingham, Townsville, Bowen, Mackay, Rockhampton, Gladstone, Bundaberg, Hervey Bay, Maryborough, Gympie, Charters Towers, Mount Isa, Mnt Isa, Mt Isa, Kingaroy, Roma, Dalby, Toowoomba, Ipswich, Warwick, Surfers Paradise, Tweed Heads, Murwillumbah, Ballina, Lismore, Tenterfield, Grafton, Glenn Innes, Inverell, Blacktown, Liverpool, Fairfield, Pennant Hills, Penrith, Narrabri, Moree, Bourke, Coffs Harbour, Armidale, Tamworth, Gunnedah, Coonabarabran, Gilgandra, Nyngan, Broken Hill, Kempsey, Port Macquarie, Pt Macquarie, Taree, Forster, Nelson Bay, Maitland, Cessnock, Gosford, Parramatta, Castle Hill, Pennant Hills, Hornsby, Liverpool, Penrith, Windsor, Moama, Lithgow, Maitland, Newcastle, Nowra, Orange, Queanbeyan, Tamworth, Wagga Wagga, Alice Springs, Darwin, Jabiru, Katherine, Litchfield, Palmerston, Tennant Creek, Wollongong, Brisbane, Bundaberg ,Cairns , Caloundra ,Charters Towers, Gladstone, Gold Coast, Hervey Bay, Ipswich, Logan, Cairns, Mackay, Maryborough, Mount Isa, Redcliffe, Rockhampton, Thuringowa, Toowoomba, Townsville, Adelaide, Mount Gambier, Murray Bridge, Port Augusta, Port Pirie, Mossman, Brighton, St kilda, Geelong, Batemans Bay, The Entrance, Bondi, Gold Coast, Miami, Burleigh Waters, Robina, Sunshine Coast, Port Lincoln, Victor Harbor, Whyalla , Hobart.
Amendments to these Trading Terms
Love the Occasion reserves the right to alter or change these Terms and Conditions at any time and without notice. Any transactions with Love the Occasion will be done as per these trading Terms and Conditions at the time of the applicable transaction(s). Love the Occasion recommends you print these Terms and Conditions at the time of placing your order and payment being made.
Copyright / Intellectual Property
All contents of Love the Occasions website are subject to copyright. All rights are reserved. No portion of Love the Occasion’s website may be reproduced in any form, or by any means, without prior written permission from Love the Occasion. While we love having people visit our site, please do not replicate/re-create what you see here.
Links to External/Third Party Websites
Love the Occasion’s website may contain links to external/third party websites. Love the Occasion takes all reasonable care in selecting the linked websites and provides these links for the convenience of its Customers.
a) If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. b) All goods and services supplied by the Company are subject to the laws of New South Wales and the Company takes no responsibility for changes in the law which affect the Goods supplied. c) The Company shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Company of these Terms and Conditions. d) In the event of any breach of this contract by the Company the remedies of the Client shall be limited to: i) in the case of the supply of goods, the cost of replacing the goods; and ii) in the case of the supply of services, the cost of re-supplying the services. e) The Client shall not set off against the Price amounts due from the Company. f) The Company may license or sub-contract all or any part of its rights and obligations without the Client’s consent. g) The Company reserves the right to review these Terms and Conditions at any time and from time to time. If, following any such review, there is to be any change in such Terms and Conditions, that change will take effect from the date on which the Company notifies the Client of such change. h) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
a) If any disputes arise between the Client and the Company as to any matter concerning the Agreement or its terms, then either party may give the other written notice of the dispute. b) Within five days after the giving of such notice, the parties shall meet at least once to attempt to resolve the dispute and the persons attending must have the authority to agree to a resolution. c) If a written notice of complaint is not received then it is presumed that the work has been carried out to the satisfaction of both the Client and the Company.
Acknowledgement and Agreement to the Terms and Conditions
The Customer acknowledges that he/she has read and understands the Terms and Conditions outlined in this document and agrees to be bound by such Terms and Conditions when visiting Love the Occasion’s website or purchasing goods from Love the Occasion.