THOSE WHO LIKE THE DETAILS

Updated August 2023

Introduction

These Terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and Thankly (TauSigma Pty Ltd ABN 84 662 101 859).  By using the Site in any manner, you agree and accept the Terms.  If you have an Account, you agree that these Terms (as amended from time to time) will apply to your use of the account and all of your Orders.

These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.  Thankly reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site.  Each time you use the Site, you should review and be aware of the current Terms.

Third Party Products

Thankly includes third party products in Thankly Gifts on thankly.co (Site). The relevant seller is indicated on the respective product information page (“Third Party Seller”) following the product brand name. The Site accepts product information from Third Party Sellers in good faith. Except where Thankly is the seller (for Thankly Cards), products are provided by Third Party Sellers who are not related to Thankly. To the extent permitted by Australian Law, Thankly gives no warranty in relation to any products provided by Third Party Sellers on the Site. Thankly does not endorse or warrant the accuracy of this content nor does Thankly accept any liability for inaccuracies or omissions in this content. Content and information on the Site relating to Goods offered for sale by Third Party Sellers do not imply Thankly’s endorsement or liability in respect of such content.

Compliance with Terms

You will be bound by these Terms each time you submit an Order.

Placing Orders for Goods

• By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
• Each Order you place will be a separate contract. Each product in your Order is sold by Thankly directly or on behalf of the Third Party Seller specified on the relevant product page.
• A tax invoice will be issued at the time the payment is made.
• You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
• From time to time, We may restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or as otherwise advised to you.
• We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
• You agree to obtain consent to provide Us with Personal Information of recipients of gifts or Goods Ordered by you.
• You may place an Order on the Site if you are aged 16 years or over (18 years if purchasing using using Afterpay), and have an active email account at which you can be contacted.
• If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
• We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid. We may at our discretion issue a partial refund payment less Stripe payment processing and administrative fees.
• Your Order becomes a sale when your Order is dispatched and We have issued you a Tax Invoice.

Availability of Goods

• From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
• We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. Thankly will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
• Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
• Thankly reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error.
• Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and Thankly will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can cancel the entire order and receive a refund under our refund policy.
• If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
• You acknowledge and agree that:
  • all pictures and images of Goods displayed are for illustrative purposes only;
  • any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
  • where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

Price and payment

• When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
• All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
• We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price.
• Payment methods are specified on the Website at the time you place your Order. They may include Thankly Gift card, Reward card, credit card, PayPal, Afterpay. The name on any credit card used for payment must match the name on the Order. If you pay using Afterpay, the Afterpay prevailing terms and conditions apply. View Afterpay terms at http://www.afterpay.com. Payment methods may be subject to change.
• Any payment for an Order must be cleared by Thankly before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
• In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

Delivery

• Free Standard Delivery is applied on all orders. Standard delivery excludes signature on delivery for Thankly Cards which may attract an additional fee. Express Delivery is offered for an additional fee. See Delivery & Shipping for details.
• This free delivery offer is subject to change at any time.
• Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which We are not responsible.
• Your Order may be fulfilled from multiple locations at different times depending on stock availability. You won’t be charged any more for delivery in this instance.
• A signature on delivery or pick-up (for Click & Collect) may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
• If no-one is home when your delivery arrives and is being delivered via Australia Post, Australia Post will contact you via the AusPost app, email or SMS with collection instructions. If your parcel has not been successfully synced with your MyPost account, your delivery driver will leave a collection card.
• Additional delivery fees may apply for redelivery.

Order cancellations and returns

• Unless otherwise explicitly stated by Us, Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
• Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.

Promotions and discounts

• The Goods, Prices, and promotions offered on the Website.
• Thankly does not offer a price matching service for similar products.
• You may receive online offers and promotions with your Order or emailed to you or available on the Site. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain orders or Goods on the Site. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
• All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.

Privacy

• Personal Information, which you provide to us during the Order including contact details, will be kept, used and disclosed by Us in accordance with Thankly’s Privacy Policy for the purpose of processing and delivering your Order. See Thankly’s Privacy Policy for further information on how to access or update your Personal Information.
• We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
• Unless otherwise indicated in your account settings or at the time you placed your Order, Thankly may send you marketing information
• If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account or follow the links in our emails to you.
• Thankly reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

Risk & Liability

• Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent.
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
• We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
• We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
• You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
• Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

Cancellation and Termination

We may refuse to accept or process payment on any Order, cancel any Order in whole or part, or terminate or suspend your access to the Website, if in Our reasonable opinion you have:

• violated Thankly policies or these terms and conditions;
• engaged in:
  • fraudulent or suspected fraudulent activity;
  • unlawful or suspected unlawful activity; or
  • deceptive or improper conduct.
• We may refund any money received from you for Orders cancelled by Us.

General

• See Thankly’s Website Terms for further information on trade marks, copyright and other applicable terms including those relating to use of the Site.
• We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
• Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
• Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
• The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.

Definitions

The following definitions apply to these Terms.

• Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
• Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
• Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.
• Delivery Fee means the applicable fee for the delivery of Goods.
• Gift Card means a preloaded Thankly Gift Card through which you or a recipient may make non-cash payments for Orders.
• Goods means the items offered for sale on the Website, through our other channels such as Instagram or Facebook.
• GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
• Your Account means your thankly.co online account through which you can facilitate your Order.
• Thankly means TauSigma Pty Ltd trading as Thankly (ABN 84 662 101 859).
• Thankly Order means a request by you to purchase Goods from Thankly under these Terms.
• Order means a request by you to purchase Goods from Thankly under these Terms (whether through the Website, an In-Store Order or our Customer Service Centre, as applicable).
• Personal Information has the meaning given in the Privacy Act 1988 (Cth).
• Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service Centre representative.
• Privacy Policy means the Thankly Privacy Policy. https://www.thankly.co/content/privacy-policy
• Returns Policy means the Thankly Returns Policy. https://www.thankly.co/content/returns-policy
• Website means the sites available from thankly.co.
• Website Terms means the terms governing your use of the Website, in addition to these Terms.
• We, Us and Our means Thankly in respect of a Thankly Order. You and your means you as the purchaser of Goods from Thankly and/or a Third Party Seller, as applicable, pursuant to these Terms.

Updates & termination

Thankly may vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations. At any time, we may, in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms.

Suspension or termination shall not affect either party’s rights or liabilities Thankly may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws Thankly may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.

Jurisdiction

These Terms and the Sites are governed by and construed in accordance with the State of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the nonexclusive jurisdiction of the courts of Victoria, Australia, except in relation to application for any injunctive relief sought by Thankly

The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.