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Terms & Conditions
CORPORATE GIFT CARDS
WEBSITE AND PURCHASE TERMS AND CONDITIONS
INTRODUCTION
These terms govern the use of https://wwws-au1.givex.com/cws4.0/hanesbrandsaus/ (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any items from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing items from the Website, these Terms and Conditions form a contract between you and Hanes and apply to the ordering, purchase, fulfilment and delivery of items from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of items, including limitations of liability.
We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms in respect of such continued use or access. These Terms and Conditions (including where applicable, our Privacy Policy) set out the entire agreement between you and Hanes and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
If you do not understand these Terms and Conditions or if you have any questions, please contact us. The team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 8.00am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).
1. DEFINITIONS
The following definitions are used in these Terms and Conditions.
Account means an account to place Orders on the Website.
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 Gift Cards are to be delivered as nominated by you in the Order process.
Gift Cards means an electronic gift card issued through this Website, the acquisition of which you or a recipient may make non-cash payments for goods from a Hanes Retail Store.
GST has the meaning provided by 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.
Order means a request by you to purchase Gift Cards from the Website in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Gift Card as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST).
Privacy Policy means the Privacy Policy found on the Website https://wwws-au1.givex.com/cws4.0/hanesbrandsaus/
Retail Store means a physical or online retail outlet listed in relation to the particular Gift Card Type in section 8 of these Terms and Conditions.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your Order.
Terms and Conditions mean these terms and conditions governing the Website and any activities and transactions occurring via the Website.
Website means https://wwws-au1.givex.com/cws4.0/hanesbrandsaus/
we or us or our or Hanes means HBI Holdings Australasia Pty Ltd ABN 52 612 185 476 and its Australian and New Zealand subsidiaries.
you or your means you as the user of the Website, including as a purchaser of Gift Cards from Hanes pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Hanes with respect to the supply of Gift Cards, in accordance with these Terms and Conditions.
3. ORDERS FOR GIFT CARDS
3.1. To purchase Gift Cards from the Website, you must register for an Account. Visit https://wwws-au1.givex.com/cws4.0/hanesbrandsaus/account-application/ to complete the Account application, including by providing a physical address in Australia or New Zealand, a valid ABN or NZBN that is registered to collect GST, first & last name, phone number and email address. When you submit an Account application, we will review and either approve or reject the application. We will notify you of our decision by email, using the information provided on your Account application.
3.2. Once you receive notification that your Account application has been approved, you may Order Gift Cards through the Website. To place an Order:
1. log into your Account, select ‘Buy E-Gifts’ and provide the requested information for the brand, value and quantity of each Gift Card type that you wish to purchase. Add each selection to your cart and then click ‘Review and Checkout’ to proceed to payment;
2. Select ‘use EFT’ and submit the Order. You will then receive an invoice for your Order via email at the address registered with your Account;
3. Once you have paid the invoice, send a copy of the remittance to us via email;
4. When your payment has been received by us, Hanes will release the ordered Gift Cards to you and notify you by email at the address registered with your Account. You can then log into your account and using your Checkout Order ID, download each Gift Card from ‘Download Purchase Orders’ under the ‘Buy E-Gifts’ Tab. You can find your Checkout Order ID in your notification email.
3.3. You acknowledge that all Gift Cards Ordered through the Website are for personal use only, which includes gifting through reward, recognition and incentive programs. Without prior written consent from Hanes, you may not resell any Gift Cards ordered via the Website, or supply the Gift Cards to others who you know, or ought reasonably to know, intend to resell the Gift Cards. Any resale of Gift Cards supplied via the Website may result in your Account being disapproved and any Orders being canceled.
3.4. You agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Orders. Hanes will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Gift Cards to you due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details, Hanes is under no obligation to resend your Order if it is shipped to the address provided and not subsequently returned to Hanes. You agree to obtain consent from the recipient of a gift prior to providing their personal details to Hanes.
3.5. You must check your Order carefully prior to submitting your Order to us. Once you submit your Order, cancellations of your Order or changes to the Gift Cards in your Order may only be made by agreement unless otherwise required by law.
3.6. Where you place consecutive or separate Orders for Gift Cards, we cannot consolidate the Orders into one.
3.7. In submitting an Order you represent and warrant to Hanes that:
- you are over the age of 18;
- you have read and agree to these Terms and Conditions; and
- you have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Hanes reserve the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by Hanes to supply you the Gift Cards in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Hanes will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Gift Cards has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Hanes is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
5. PRICE AND PAYMENT
5.1. Prices are displayed in Australian Dollars. The Price includes GST.
5.2. In respect of any Order, we will charge you and you agree to pay to us the Price. Payment will be made by any of the methods specified on the Website from time to time.
5.3. You acknowledge and agree that any payment in respect of an Order must be cleared by Hanes before the Gift Cards are released for download. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this.
5.4. Hanes uses encrypted payment gateways and holds security certificates to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
6. DELIVERY
6.1. Hanes will deliver your Gift Cards electronically as described in clause 3.2 unless otherwise agreed.
6.2. You acknowledge and agree that notwithstanding anything else stated on the Website:
- Hanes cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Hanes is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
6.3. Upon delivery, you must inspect your Gift Cards and check that the Gift Cards delivered match your Order. If the Gift Cards are not as ordered or Gift Cards are missing from your Order, you should contact us. You should let us know about any defective, missing and incorrect Gift Cards as soon as possible. Any Gift Cards replaced due to being defective, missing or incorrect will be delivered to you free of charge.
7. ORDER CANCELLATIONS AND RETURNS
7.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Gift Cards will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.
7.2. Gift Cards can only be returned if they are faulty or incorrectly delivered. Returns are not accepted for change of mind.
7.3. Where we cancel your Order under these Terms and Conditions, we will refund the Price of the Gift Cards to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Hanes is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
8. USE OF GIFT CARDS
Gift Cards purchased via the Website can be used at the relevant Retail Stores. They cannot be redeemed at other stockists of the relevant branded products. Use of any Gift Cards purchased via the Website is governed by the relevant Terms of Use listed below. Use of a Gift Card is deemed acceptance of those terms.
|
Gift Card Type |
Retail Store |
Terms of Use |
|
Bonds |
Bonds, Bonds Outlet and bonds.com.au |
|
|
Bras N Things |
Bras N Things, brasnthings.com |
|
|
Sheridan |
Sheridan, Sheridan Studio, Sheridan Outlet, sheridan.com.au, sheridanoutlet.com.au |
|
|
Champion |
Champion Outlet, champion.com.au |
|
|
Berlei |
Berlei.com.au |
|
|
Jockey |
Jockey.com.au |
|
|
Hanes |
Any of the Retail Stores (physical or online) listed above |
As listed above for the relevant Retail Store(s) in which it is used |
9. COPYRIGHT AND TRADE MARKS
9.1. The Website and all material provided on the Website are owned or licensed by Hanes, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Hanes.
9.2. Various trademarks displayed on the Website (whether registered or otherwise), are owned by Hanes. Other product and company names mentioned on the Website may be the trademarks of other people or entities. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner.
9.3. If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
10. DISCLAIMER
10.1. The information contained on the Website is provided by Hanes in good faith. To the best of Hanes' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Hanes and its related bodies corporate, and their directors, officers, employees, and agents ("Hanes' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
10.2. Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Hanes excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
11. LIMITATION OF HANES’ LIABILITY
11.1. Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Hanes will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website or resulting from use of goods or services supplied to you, or on your behalf, through the Website.
11.2. Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Hanes or Hanes' Associates in connection with goods or services supplied to you will, at the election of Hanes, be limited to:
- In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
11.3. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12. INDEMNITY
You agree to indemnify us (including Hanes’ Associates) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
13. PRIVACY
13.1. Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us and third party suppliers for the purpose of processing your Order in accordance with our Privacy Policy.
13.2. You represent and warrant to Hanes that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of any third party to provide their Personal Information to Hanes.
14. VIRUS WARNING
All care is taken to ensure that the Website and data transmissions are free from viruses. However Hanes cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Hanes entirely of all responsibility for any consequences of its use.
15. USE OF COOKIES
Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.
16. THIRD PARTY SITES
The Website may contain links to third party sites. Hanes is not responsible for the condition or content of those sites as they are not under Hanes’ control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Hanes of the sites or the products or services provided on the site. Hanes does not permit any linkages to the Website without prior permission.
17. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
18. SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
19. TERMINATION
Hanes reserves the right to, at its discretion, terminate your access to, Account on and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- immediately: if Hanes reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
20. GENERAL
20.1. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts. In any purchase of Gift Cards, your transaction is deemed to have taken place in Kew, Victoria.
20.2. The Website may be accessed from Australia or overseas. Hanes makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website 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 site if and to the extent that they are applicable.
20.3. Only you and Hanes shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
20.4. Hanes reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Hanes with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.
20.5. Hanes may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.
20.6. Any provision of these Terms and Conditions 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 and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
20.7. A failure or delay by Hanes to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Hanes does not preclude its future exercise or the exercise of any power or right.
Version 1, Feb 2024, © HBI Holdings Australasia Pty Ltd