Terms and Conditions

Terms and Conditions

The following terms and conditions govern your use of the Gigi and Tom website at https://gigiandtom.com.au (Website) and any order which you place through the Website. You should read these Terms carefully before you use the Website or buy our products from the Website. These terms tell you who we are, how you can use the Website, how you can buy our products, what to do if there is a problem and include any other important information.

Last updated: November 2021

1. General matters

1.1 We are Haeven Pty Ltd trading as Gigi and Tom ACN 651 074 190, a company registered in New South Wales, Australia.

1.2 You can contact us by emailing us at gigiandtom@haeven.com.au

2. Use of the Website

2.1 Your use of the Website is covered by these terms and conditions and our Privacy Policy (Privacy Policy). Our Privacy Policy deals with how we use your personal information, and by using the Website you agree to the terms of our Privacy Policy. We recommend that you read this.

2.2 You can register an account through the Website to help you order our products more quickly. When you create an account, you warrant and confirm that:

(a) The details which you provide (e.g. your name, address and contact details) are true and accurate;

(b) You will notify us immediately of any changes to your details by updating these details on your online account;

(c) You will not impersonate any other person or use any details that you are not authorised to use; and

(d) You have the full legal capacity to use the Website and to enter any legal transaction with us.

2.3 You are responsible for keeping your account details safe. You must tell us immediately if you become aware of any unusual or unauthorised activity on your account.

3. Restrictions on use of the Website

3.1 The aesthetic, content and information on the Website is very important to us, and either belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. You may use these materials to browse our Website and place any orders for your personal use only. This means that you are not allowed to use the material on the Website for any commercial purpose or to copy, reproduce, publish, display, distribute or change any material on the Website.

3.2 You must not modify the page or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

3.4 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

3.5 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.6 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted or be bug or virus free. While we will take reasonable steps to secure our website, we cannot warrant that it is secure.

3.7 You must not misuse our Website or introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You also must not attempt to gain unauthorised access to the Website or any server, computer or database connected to the Website. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could be committing a criminal offence under the Criminal Code Act 1995 (Cth) and under equivalent State and Territory laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

3.8 We may suspend, take down or stop the availability of all or any part of the Website for business or operation reasons. We will endeavour to give you reasonable notice if this happens but this might not always be possible.

3.9 Although we make reasonable efforts to update the information on the Website, we cannot guarantee that the content on the Website is accurate, complete or up to date.

3.10 The Website may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within our website pursuant to which we may obtain a financial benefit if you visit such a link and then make a purchase from a third party website.

3.11 You may link to our Website, Instagram, Facebook or other social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. When you are linking to our website or social media, you may not do so in a way that suggests we are approving or endorsing you.

3.12 If we know or suspect that you are not following these terms and conditions, we may remove your account or stop your access to the Website.

4. Product orders

4.1 In order to buy any of the products on our Website you need to:

(a) Click on any product that you would like to buy and then click “Add to Cart”;

(b) Click the shopping bag icon at the top of the Website and then click "Proceed to Checkout”;

(c) The order process will show you our acceptable payment methods;

(d) Provide your contact, shipping and payment information during the order process;

(e) You will be shown a breakdown of the price of the product and any applicable delivery costs, excluding duties and taxes for international orders; and

(f) You will place your order by pressing the "Pay Now" button at the end of the checkout process.

4.2 We will send you an order confirmation email setting out the details of the products you have ordered. This email does not mean your order has been accepted.

4.3 We will take payment from you once your order has been placed.

4.4 There are times when we are not able to accept your order. This might happen if:

(a) The product you are looking to buy is out of stock;

(b) We are not able to take payment from you;

(c) You do not comply with these terms and conditions of sale;

(d) There is a technological failure and we cannot process your order;

(e) You have not provided us with all the information we need to fulfil your order; or

(f) We have identified an error in the price or description of the product.

4.5 We use reasonable commercial endeavours to accept or reject your order immediately after placing such order, however in some circumstances this may take two (2) business days to process. If we have not responded to you within two (2) business days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase products through the Website.

4.6 Once we have accepted an order, you will be provided with an order number by email. If we need to contact you about an order you have made, we may ask you for this order number so keep it safe.

5. Price and payment, duties and taxes

5.1 All prices are in Australian Dollars and, if GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) applies, inclusive of GST. Any fees and charges (including delivery costs) also include GST where applicable. The price of our products (including GST) will be the price indicated on the order page when you place your order. Although we endeavour to ensure that the price shown on the Website and order page are accurate, some of the prices may be incorrect. If we find a mistake in the price of a product you have ordered, we will not be able to accept your order and we will contact you as soon as possible to give you the choice of continuing with the order with the correct price or cancelling it. If we are unable to reach you we will treat your order for the incorrectly priced product as cancelled.

5.2 Prices for the products are separate and distinct from delivery, packaging, duties and taxes and/or handling fees.

5.3 Payment for the products and any applicable delivery and/or handling fees are required in full on placement of the order. Any additional duty or tax charges that are applicable upon delivery are the responsibility of the customer. All international deliveries may be subject to duties and taxes and are unique to each region. In most cases, duties and taxes are charged once the parcel reaches its destination. For more information on duties and taxes in your region, we recommend you visit your local customs website. Haeven Pty Ltd trading as Gigi and Tom reserves the right to deduct any costs incurred from orders that are refused at customs, including a redirection fee. Packages may be subject to customs clearance procedures that can cause delays beyond original delivery estimates. Please consider this when purchasing your order.Any estimate provided for duties & taxes should be used as a guide only. Haeven Pty Ltd trading as Gigi and Tom is not responsible for any additional fees incurred.

5.4 All debit and credit transactions on the Website occurs through third-party payment gateways (Processor). You hereby authorise the Processor to procure payment from your nominated payment method, and you warrant that you are an authorised user of your nominated payment method.

5.5 While all reasonable steps will be taken to protect your debit and/or credit card information, we cannot guarantee the security of any such information and, subject only to any gross negligence on our part, we will not be held liable for any loss you suffer as a result of any unauthorised access to your debit and/or credit card information.

5.6 Your order will not be dispatched until payment has cleared. In the event payment does not clear, we will cancel your order and notify you accordingly.

5.7 Payment methods are specified on the Website at the time you place your order.

6. Our products

6.1 The images of the products on the Website are for illustrative purposes only and we cannot guarantee that what you see from your phone, tablet, laptop, computer or other device accurately reflects the colour or size of the products. This means that what you buy (including any product packaging) may vary slightly from those images.

6.2 The products sold by us are those featured on the Website at the time which you access the Website, subject to availability. We endeavour to ensure that our product listings are current however we give no undertaking as to the availability of any product advertised on our Website.

6.3 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

7. Delivery and Shipping

7.1 At this stage we are only able to deliver within Australia.

7.2  We are unable to deliver to Drop Boxes or PO Boxes.

7.3 The cost of delivery of the products will be displayed on our Website. We use third party providers to handle delivery of products and cannot accept any liability for any loss or damage of the products arising due to any action of those responsible for delivery of the products.

7.4 We will endeavour to arrange for delivery of our products to you within any estimated time period identified on our Website. Faster or tracked delivery may incur additional costs which you must pay.

7.3 Sometimes your order might be delayed for a reason outside of our control. If this happens, we will use reasonable commercial endeavours to let you know as soon as possible. We will not be responsible or liable to you for any delays to your order.

7.5 You are responsible for making all arrangements necessary to accept delivery of the products at your nominated location.

7.6 Sometimes we might have to stop your order if we need to change our products to comply with any relevant laws or if our products are subject to any recall order. If we have to stop your order, we will let you know in advance (unless the problem is urgent or an emergency) and we will refund any money you have paid for the affected products (including delivery charges).

8. Mistaken Orders

8.1 Once an order is submitted, it is not possible to make any changes. Please refer to section 9 of these terms and conditions for returning your order for a refund.

8.2 If we try to deliver your order but are unable to do so, due to a mistake made by you (e.g. wrong shipping address or left unclaimed at an Australia Post Depot), you will be responsible for any further delivery or storage costs incurred.

9. Returns, refunds and exchanges

9.1 We do not offer returns for change of mind on Sale products

9.1a If you have a change of mind on your order and provide satisfactory proof of purchase, we may offer you a refund, provided the products are returned to us in accordance with these terms and conditions.

9.2 We do not offer exchanges. If you would like to exchange a product, please return the original item and place a new order.

9.3 The refund must be sought within 30 days of delivery and can be made for customers that are returning unwashed, unworn products in original condition with all tags still attached.

9.4 As a consumer, you are entitled to additional statutory consumer guarantees. If you believe that the products you have bought are faulty, not of acceptable quality, do not match the description provided or are not fit for purpose, you may be entitled to a remedy under the Australian Consumer Law. These consumer guarantees do not apply to products which are damaged due to abnormal use or misuse. These rights are not impacted by sections 9.1 or 9.2 above.

9.5 Except where the consumer guarantees under the Australian Consumer Law apply, you must pay the delivery costs for any returned products.

9.6 Before we can accept a return and process a refund, you must go to our returns page and request a return. You must provide us with your order number and the email you used to make the purchase.

9.7 For us to process a return, you must send us the products in accordance with these terms and conditions. You must include the following information with the return:

(a) Return confirmation number

(b) Correct return address

9.8 Subject to section 9.3, in order for us to accept returned items for a refund, all original tags must be attached and items must be returned in their original condition.

9.9 When returning an item to us, you must send the item to the address provided to you in the return confirmation email and ensure that the complete address is clearly written on the return packaging. Once we have received your returned item we will send you an email confirming that it has been received.

9.10 We will only reimburse you the delivery costs of returning the products to us where the consumer guarantees under the Australian Consumer Law apply or otherwise at our sole discretion.

9.11 Unless we specifically agree otherwise, we will only provide you with a refund to the same amount of the original purchase price. If your item is accepted for return, we will email you to let you know your return has been approved and will process the refund within 5-10 business days.

9.12 We will use reasonable commercial endeavours to process returns within 5 business days from when we receive your returned products, subject to section 9.6.

9.13 Subject to section 9.3, any product purchased during a promotional event such as a sale or purchased with a discount code is only eligible for a refund if the item is deemed to be faulty, not of acceptable quality, does not match the description provided or is not fit for purpose. We will only provide a store credit refund for discounted items returned for change of mind reasons.

9.14 All digital gifts cards are non-refundable and non-transferable. Gift cards must be redeemed within three years of the purchase date. Products purchased with a gift card may only be returned for a store credit.

9.15 Any Sale products cannot be returned for a refund, credit or exchange, except where the consumer guarantees under the Australian Consumer Law apply.


10. User Content

10.1 Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Website (Visitor Material) is non-confidential and non-proprietary.

10.2 You consent to any act or omission which would otherwise constitute an infringement of your moral rights in respect of Visitor Material. This consent survives any termination of these terms and conditions.

10.3 You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.

10.4 By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:

(a) Breach any applicable law;

(b) Contain any viruses or any other harmful program;

(c) Contain any defamatory, obscene or offensive material;

(d) Promote violence or discrimination;

(e) Infringe the intellectual property rights of another person;

(f) Breach any legal duty owed to a third party (such as a duty of confidence);

(g) Promote illegal activity or breach the privacy of any other person;

(h) Be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;

(i) Give the impression that the Visitor Material originates from us;

(j) Be used to impersonate another person or to misrepresent your affiliation with another person; or

(k) Contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email.

10.5 The prohibited acts set out in section 10.4 are not exhaustive. We reserve the right (but do not undertake, unless required by law, any obligation) to edit or remove any Visitor Material without notice to you, in our sole discretion.

10.6 You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.

10.7 All Visitor Material contained on the Website is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Website, and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.

10.8 By entering your phone number through a subscription form on our website, opting-in at checkout or subscribing via a keyword, you agree to receive text notifications about your order, including abandoned cart reminders and general marketing SMS messages. You acknowledge that consent is not a condition for any purchase. Your mobile number, name and purchase details will be sent to our third-party SMS platform, Bump SMS & Klaviyo. Klaviyo & Bump SMS will use this data to send you SMS notifications relating to your order and other general marketing messages. 

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP. For any questions please text "HELP" to the number you received the messages from. Please contact us for more information.

11. Complaints

If you have any questions or complaints about any of our products, please contact us gigiandtom@haeven.com.au.

Our responsibility for loss or damage suffered by you:

11.1 If we fail to comply with these terms and conditions of sale, we are responsible for loss or damage you suffer that is a foreseeable or obvious result of us breaking this contract, at the time we accept your order.

11.2 We only supply the products for personal use. We will not be liable to you in any way for:

(a) Any loss of revenue, profit, business or sales that you suffer; or

(b) Any losses which are not foreseeable or are not obvious when we accept your order.

12. Limitations of Liability

12.1 You may be entitled to consumer guarantees and other warranties as to the products under the Australian Consumer Law. To the extent permissible at law, all warranties and guarantees not otherwise included in these terms and conditions are excluded.

12.2 Where a guarantee or warranty is not able to be excluded from these terms and conditions, our liability for any breach of the guarantee or warranty will, if and to the extent permitted at law, and subject to any qualifications in such laws, be limited to one or more of the following (at our option):

(a) The replacement of the products or the supply of equivalent products;

(b) The repair of the products;

(c) The payment of the costs of replacing the products; or

(d) The payment of the costs of having the products repaired.

12.3 To the greatest extent permissible at law, we will not be liable to you or any person claiming through you in contract or in tort for, or in respect of, any direct, indirect or consequential loss (including loss of expectations, loss of opportunity, loss of goodwill, loss of profits or similar loss), damage, expense or injury suffered by you or any other person arising out of, or in connection with, or relating to the performance or non-performance or any breach of these terms and conditions or any other matter relating to these terms and conditions or any error in information supplied to you.

13. Indemnification

13.1 By accessing our Website, you agree to indemnify us and to hold us harmless from all claims, actions,

13.2 Damages, costs and expenses, including legal fees, arising from or in connection with your use of our Website.

14. Miscellaneous Terms

14.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective as soon as such changes are notified on the Website. The version that is on the Website will always take precedence over all the other versions of these terms and conditions. However, the applicable terms and conditions are those accepted by you at the time of placing an order.

14.2 You acknowledge that we have not, and no person purporting to act on our behalf has, made any representation to you as to the fitness or quality of the products, other than as set out in these terms and conditions.

14.3 We may subcontract the performance of any of our rights and obligations under these terms and conditions and may assign our rights and obligations under these terms and conditions at any time without notice to you.

14.4 No failure by us to enforce any right arising under these terms and conditions will constitute a waiver by us of that right.

14.5 If any provision of these terms and conditions is determined to be void or unenforceable by any court, then such determination shall not affect any other provision of these terms and conditions, which shall remain in full force and effect.

14.6 Any notices required to be given to a party under these terms and conditions must be provided in writing and sent by email to gigiandtom@haeven.com.au.

14.7 These terms and conditions are governed by the laws in force in the state of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that state.

15. Definitions

15.1 We, us, our means Haeven Pty Ltd trading as Gigi and Tom ACN 651 074 190.

15.2 You means you as our customer.

15.3 Privacy Policy means our privacy policy found here.

15.4 Visitor Material has the meaning given in section 10.1.

15.5 Website means https://gigiandtom.com.au.

New subscriber 10% discount code offer Terms & Conditions

Valid only on purchases on full priced items only. Offer will expire after 6 months. Limited to one use per customer, new subscribers only. All full priced items purchased with the 10% new subscriber discount code can be returned for a full refund if the return conditions are met.

Discount codes offer Terms & Conditions

To redeem discount codes online, enter the code at the shopping bag. Valid on purchases on full priced items only. Promotional codes are valid for one use only per customer. Promotional codes cannot be used in conjunction with any other offer or promotion code, unless specified. Gigi & Tom reserves the right to withdraw items from sale.

Affiliate promotional codes with influencers, will expire after 2 months.