BULLSEYE GIFTS – TERMS AND CONDITIONS

NSW FAIR TRADING ACT – DISCLOSURE OF PREJUDICIAL TERMS – OUR DISCLOSURES TO YOU:

This disclosure is made by us to you if you are purchasing products in New South Wales. We are required by New South Wales law to disclose to you any terms or conditions of the Terms that may substantially prejudice you, as set out below. By accepting the Terms, you agree that:

subject to your consumer law rights (including under the Australian Consumer Law), you have not relied on any representations or warranties made by us prior to accepting the Terms that are not included in the Terms;
subject to your consumer law rights (including the Australian Consumer Law), our liability for the provision of the products will be limited to, at our discretion, the repayment of the Price paid by you to us;
subject to your consumer law rights (including under the Australian Consumer Law), we exclude our liability for consequential losses, however, your liability for consequential loss is also excluded; and
you will be liable for and agree to indemnify us and hold us harmless for any liability that we may suffer as a result of you or any of your personnel infringing any intellectual property rights or any claim that we are infringing any intellectual property rights as a result of our use of the intellectual property provided by you to us.

Acceptance

This website (Site) is operated by Bullseye Corporate Solutions Pty Ltd (ACN: 624 304 338) ATF Bullseye Corporate Solutions Unit Trust T/A Bullseye Gifts (ABN: 63 217 737 531) (we, our or us). It is available at: https://www.bullseyegifts.com.au and may be available through other addresses or channels.
By accessing and/or using the Site you:
1. warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years old);
2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
3. agree to use the Site in accordance with the Terms.
You must not place an order for products through the Site unless you are at least 16 years old and you must not place any order for alcohol if you are under 18 years old.

APPA Membership
1. We are a proud member of the Australasian Promotional Product Association (APPA) and we use APPA’s services to safeguard our customers. APPA is the professional trade association governing body in the Australasian region specifically for promotional products and promotional marketing.
Purchasing products
1. While we require information from you, such as your name, street address and email address when requesting a quote, you are not required to create an account with us to purchase any of our products. You must ensure that any personal information you give to us when requesting a quote is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
Quotes and Orders
(Quote).
1. The Quote will be valid for 14 days from the date it is sent to you and it may be withdrawn or amended by us at any time by written notice before it is accepted by you.
2. Prices for any products listed on our Site are subject to change without notice to you. If the price of any product changes prior to your acceptance of the Quote, we reserve the right to amend the Quote by written notice to you.
3. If you accept the Quote, you must notify us of your acceptance by email or, if applicable, on your company’s letterhead. If you are accepting the Quote on behalf of a company, you must either have the authority to accept the Quote or notify us in writing that you have sought and obtained the approval to accept the Quote from someone with authority to accept the Quote. If you accept the Quote without authority to do so, we will not be liable to you for any refund for any products that were ordered without authority.
4. Your acceptance of the Quote results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
5. Once the Quote has been approved, we will send you by email an order confirmation which will specify:
  1. the products you have chosen;
  2. the total price for the order, including GST, any set up costs and freight or delivery costs; and
  3. approximate lead time.
6. Following the order confirmation email, usually within 3 business days we will send you by email a sample image of the artwork provided by you printed on the products you have chosen (Artwork Layout Sample). If you are not satisfied with the Artwork Layout Sample, we will provide a revised Artwork Layout Sample free of charge. Any further revisions to the Artwork Layout Sample will incur a fee per request.
7. You must approve the Artwork Layout Sample by email. Until such time as the Artwork Layout Sample is approved by you, we will not process your order. Lead times for your order will commence as soon as the Artwork Layout Sample is approved.
8. Following the approval of the Artwork Layout Sample, we will send you by email an invoice for the order, inclusive of any freight or delivery fees (if applicable) (Invoice).
9. Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years of age or older. If your request for a quote includes hampers that contain alcohol, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol in accordance with the law and at all times sensibly.
Minimum Order Requirements
1. There are Minimum Order Requirements for the products available on the Site.
2. If you would like to purchase less than the Minimum Order Requirement for a product, you may contact us at skye@bullseyecs.com.au with your request. We may, at our sole discretion, accept or reject a request to purchase and increase the price of any products in a quantity less than the Minimum Order Requirement.
Fulfillment
1. As we often supply large quantities of products, there is a risk that there will be a discrepancy of up to 5% in the quantity of products supplied. If we supply you with less than the quantity of products that you have ordered, we will provide you with a refund for the value of the products that have not been provided within 14 days of delivery.
Samples
(Sample confirmation).
1. If you accept the Sample confirmation, you must notify us of your acceptance by email. Until such time as the Sample confirmation is accepted by you, we will not process your request or provide you with the sample products.
2. Once you have accepted the Sample confirmation, we will send you by email; an order confirmation which will specify:
  1. the products you have requested samples of;
  2. the total price for the sample products;
  3. an Invoice; and
  4. an estimated dispatch date.
3. If, following receipt of the sample products, you purchase any of the sample products in accordance with clause 4 of these Terms, we will provide you with a credit for that order, equal to the amount paid for the specific sample products ordered.
Price and payments
1. You must pay us the purchase price of each product you order plus any applicable set up, freight or delivery, additional Artwork Layout Sample or sample product costs as set out in the Invoice (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display freight or delivery costs separately from the product price.
2. Payment must be made by way of credit card or electronic funds transfer using the details outlined in the Invoice. Payments via credit card or debit card will incur a surcharge.
3. For your first three orders, you must pay the Price upfront by one-off payment following your receipt of the Invoice. Only once the Price has been paid in full will print production commence, following which we will dispatch your products to you.
4. Following your first three orders, at our sole discretion, we may extend your payment terms as follows:
  1. for orders less than $10,000, you will have 7 days following your receipt of the Invoice to make payment; and
  2. for orders $10,000 and over, 50% of the Price must be paid as a deposit upfront following your receipt of the invoice. Once we receive payment of the 50% deposit, we will process your order and commence print production. You must pay the remaining 50% of the Price within 7 days of delivery of the products.
5. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
Availability and Cancellation
1. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
2. We cannot guarantee that the products in our hampers will be available at the time of purchase. If any products within the hampers become unavailable, we will swap those products for similar products of equal or greater value.
3. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order or if for any reason, we cannot supply the products you order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a credit or to place your order on backorder. If you choose a refund or credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
4. You may cancel your order at any time before the Artwork Layout Sample is approved. However, if you cancel your order, you will be charged a cancellation fee, which will be calculated based upon the costs incurred by us and/or our suppliers. We may, at our sole discretion, either accept or reject a request to cancel an order following your approval of an Artwork Layout Sample. We will not accept any cancellation of orders following dispatch of the products.
Delivery, Title and Risk
1. If possible we will deliver the products to the delivery address you provide when submitting a request for a quote. We deliver Australia wide (unless our delivery company does not deliver to your area).
2. For orders valued at $1,000 or over that are to be delivered within the Melbourne metropolitan area, there are no delivery fees.
3. For orders valued less than $1,000 and/or that are to be delivered outside the Melbourne metropolitan area, delivery fees will apply, which will be outlined in our order confirmation email to you.
4. We normally dispatch products within 3-4 weeks of receiving your approval of the Artwork Layout Sample, unless we notify you otherwise. Any delivery periods are estimates only and we accept no liability for any delay in delivery.
5. You may make a request, by email, for products to be dispatched sooner than normal (Express Service). We may, at our sole discretion, accept or reject such a request for Express Service. If we accept your request, additional charges per product may apply.
6. If you need to change the delivery date or delivery address, please notify us immediately in writing.
7. We may deliver the products using a range of delivery methods. You must take delivery of the products when they are tendered for delivery. If you are not available to take delivery of the products, then you will be liable for any costs associated with redelivery and, if applicable, storage of the products.
8. Products may be delivered in separate instalments. We will provide you with notice in writing if we become aware that the products will be delivered in separate instalments.
9. Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
10. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
ReturnsChange of mind returns
Australian Consumer Law
1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
2. Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
Manufacturer’s warranty
1. The description of the products will inform you whether the manufacturer provides a warranty for that product. Unless otherwise stated, if a warranty applies, the manufacturer warrants that the product will be free from defects (Manufacturer’s Warranty) for the period set out on the products (Warranty Period). If there is a defect in the products within the Warranty Period, the manufacturer may, repair or replace the product, or offer refund or compensation as applicable to the defect.
2. If the Manufacturer’s Warranty applies, please contact us with details of the defect in the product, alongside any pictures and additional information which we may request (e.g., proof of purchase), and we will liaise with the manufacturer as to your claim under the Manufacturer’s Warranty. The manufacturer may require you to return the defective products directly to them and the costs of the return may need to be borne by you.
3. You agree that we do not provide any warranty against defects in the products, and, to the maximum extent permitted by law, our obligations to you for any defects in the products is limited to the remedies you have available under the Australian Consumer law.
Intellectual property
1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
2. You must not, without our prior written consent:
  1. copy or use, in whole or in part, any of our intellectual property;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
  3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
3. You grant us a non-exclusive, irrevocable, worldwide, sub-licensable and transferable right and licence to use any intellectual property that you provide to us for the purpose of producing the products you have ordered from us.
4. In providing us with any intellectual property, you must not commit any breach of any intellectual property rights.
5. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
  1. you or any of your personnel infringing the rights of any third party (including any intellectual property rights); and
  2. a claim that our use or enjoyment of any part of the intellectual property provided by you infringes the rights of any third party (including any intellectual property rights).
Limitations
1. Despite anything to the contrary, to the maximum extent permitted by law:
  1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
  2. neither party will be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
    whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
  1. loss of, or damage to, the products, or any injury or loss to any person;
  2. error or defect in the Artwork Layout Sample;
  3. breach of intellectual property rights;
  4. failure or delay in providing the products; or
  5. breach of the Terms or any law,
    where caused or contributed to by any:
  6. use of the products by any person for which they are not suitable;
  7. event or circumstance beyond our reasonable control; or
  8. act or omission of you or your related parties,
    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Collection Notice
1. We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
General
1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your request for a quote. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
3. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
4. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
5. Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
6. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
7. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
8. Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
9. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Quote which you have accepted, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when accepted the Quote.
10. Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

For any questions and notices, please contact us at:

Bullseye Corporate Solutions Pty Ltd (ACN: 624 304 338) ATF Bullseye Corporate Solutions Unit Trust T/A Bullseye Gifts (ABN: 63 217 737 531)

Skye Dawson and Suzy Ruggieri

Email:

Skye: skye@bullseyecs.com.au

Suzy: suzy@bullseyecs.com.au

Phone Number: 1300 627 778

Last update: 21 june 2023