Terms of service

Terms and Conditions

Gifted From The Heart

Last updated: May 2026

1. About these terms

These Terms and Conditions ("Terms") govern your use of the Gifted From The Heart website at giftedfromtheheart.com.au (the "Site") and any purchases you make through it. By using the Site or placing an order, you agree to these Terms.

Please read these Terms together with our Returns and Refunds Policy, Shipping Policy, and Privacy Policy, which form part of these Terms.

We may update these Terms from time to time. The version in force at the time you place an order is the version that applies to your order.

2. About us

The Site is operated by Elstern Imports Pty Ltd ABN 88 601 663 290 trading as Gifted From The Heart. References in these Terms to "we", "us", and "our" are to that company.

We are based on the Central Coast of New South Wales, Australia.

3. Eligibility

To place an order on the Site, you must be at least 18 years of age and able to enter a legally binding contract under Australian law. If you are under 18, you may only use the Site with the involvement of a parent or guardian who agrees to be responsible for your order.

By placing an order, you confirm that the information you provide is accurate, complete, and current.

4. Customer accounts

You may place orders as a guest or by creating a customer account on the Site. If you create an account, you are responsible for keeping your login details secure and for all activity that takes place under your account.

Please contact us immediately if you believe your account has been used without your authorisation.

5. Orders and acceptance

When you place an order through the Site, you are making an offer to purchase the items in your cart on these Terms. Our automated order confirmation email is an acknowledgement that we have received your order — it is not acceptance of the order.

A contract is formed only when we dispatch the items to you. Up to that point, we may decline or cancel your order for any reason, including (but not limited to):

• The item is out of stock or no longer available;

• There has been a pricing or description error on the Site;

• We are unable to deliver to the address provided;

• We reasonably suspect the order is fraudulent or has been placed in breach of these Terms;

• The personalisation you have provided breaches Section 7 below.

If we cancel your order before dispatch, we will refund any payment you have made for the cancelled items in full.

6. Pricing, payment, and GST

All prices on the Site are shown in Australian Dollars (AUD) and include GST where applicable.

Shipping costs are calculated at checkout based on parcel weight and the shipping method you select. See our Shipping Policy for details.

We accept the payment methods displayed at checkout. Payment is taken at the time you place your order.

While we take care to ensure pricing is accurate, errors can occur. If we discover a pricing error after you have placed your order but before dispatch, we will contact you to let you know and to offer you the choice between proceeding at the correct price or cancelling the order for a full refund.

7. Personalised items

You are responsible for the accuracy of the personalisation you submit. This includes names, spelling, dates, messages, fonts, colours, and any artwork or imagery you upload. We produce personalised items exactly as you submit them through our design tool.

We strongly recommend reviewing your design carefully — including the live preview — before completing your order. Once production has commenced, personalised items cannot be cancelled or returned for change of mind. See our Returns and Refunds Policy for full details.

You also confirm that:

• You have the legal right to use any text, names, artwork, logos, or images you submit;

• Your submission does not infringe the intellectual property rights of any third party (for example, copyright in artwork, registered trade marks, or photographs you do not have permission to use);

• Your submission is not defamatory, offensive, threatening, harassing, sexually explicit, discriminatory, or otherwise unlawful.

We reserve the right to refuse any personalisation that we reasonably believe breaches the above, or that we otherwise consider inappropriate. Where we refuse a personalisation, we will contact you to offer an alternative, a redesign, or a full refund.

You indemnify us against any claim, loss, or cost we suffer as a result of personalisation you submit that breaches the above warranties.

8. Intellectual property

8.1 Our intellectual property

The Site, our brand, our logos, our product designs, our photographs, our written content, and the layout and appearance of the Site are owned by us or our licensors and are protected by Australian and international intellectual property laws. You may not copy, reproduce, modify, or commercially exploit any of this content without our prior written permission.

8.2 Personalised designs

When you create a personalised design through our design tool, we retain ownership of the resulting design file (including the layered artwork and production files). You are granted a perpetual, royalty-free, non-exclusive licence to use the finished personalised product you receive for any personal or commercial purpose, with no restriction on its use.

This means: the physical item is yours to use however you like, but the underlying design file stays with us. We may use the design file to reproduce your order (for example, if a replacement is needed under our Returns and Refunds Policy).

8.3 Customer-submitted content (reviews, photos, social posts)

If you submit a review, comment, or photograph through the Site or send one to us directly, we will only use it in our marketing or promotional material — including our website, email, or social media — with your separate written consent.

Sharing a photo or tagging us on a public social media platform does not, by itself, constitute consent for us to repost or reuse it. We will reach out and ask first.

9. Acceptable use of the Site

When using the Site, you must not:

• Use the Site for any unlawful purpose;

• Attempt to gain unauthorised access to the Site, its servers, or any related systems;

• Introduce any virus, malware, or other harmful code;

• Use any automated system (including bots or scrapers) to access or interfere with the Site;

• Place fraudulent or speculative orders;

• Resell our products in a way that misrepresents their origin or our brand.

10. Shipping, risk, and title

Shipping is governed by our Shipping Policy, which forms part of these Terms.

Risk in the goods passes to you when the goods are delivered to the address you provided at checkout — including, where Australia Post uses Authority to Leave, when the parcel is recorded as delivered to that address.

Title in the goods passes to you when we have received payment in full and the goods have been dispatched.

This clause does not limit your rights where goods are lost or damaged before delivery, or where you receive faulty, damaged, or incorrectly described goods — those rights are set out in the Returns and Refunds Policy and protected under the Australian Consumer Law.

11. Returns and refunds

Returns, refunds, and replacements are governed by our Returns and Refunds Policy, which forms part of these Terms. The policy sets out:

• Your rights and our remedies for faulty, damaged, lost, or incorrectly described items under the Australian Consumer Law;

• Our position on change-of-mind returns for personalised items (not accepted, with limited exceptions);

• Our 30-day change-of-mind return option for unopened, non-personalised items;

• How to make a claim and what we ask you to provide.

Nothing in these Terms or the Returns and Refunds Policy limits or excludes any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law.

12. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Under the ACL, you are entitled to a replacement or refund for a major failure and to 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.

Nothing in these Terms is intended to limit or exclude any consumer guarantee, right, or remedy you may have under the ACL. Where any provision of these Terms is inconsistent with the ACL, the ACL prevails to the extent of the inconsistency.

13. Our liability

Subject to Section 12 (Australian Consumer Law), and to the maximum extent permitted by law:

• Our liability to you for any claim arising out of or in connection with your purchase is limited, at our option, to repairing the item, replacing the item, supplying an equivalent item, or refunding the price you paid for the item;

• We are not liable for any indirect, consequential, or special loss, including loss of profit, loss of opportunity, or loss of enjoyment of a gifting occasion, even if we have been advised of the possibility of that loss;

• We are not liable for delays or failures in performance caused by events outside our reasonable control (see Section 15).

14. Privacy

Our handling of your personal information is governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy explains what information we collect, how we use it, who we share it with, and your rights under the Australian Privacy Principles.

15. Events outside our control (force majeure)

We are not responsible for delay or failure to perform our obligations under these Terms caused by events outside our reasonable control, including: natural disasters, fires, floods, severe weather, pandemics, government actions, strikes, industrial disputes, carrier delays, or failures of essential utilities or telecommunications.

If an event outside our control affects your order, we will let you know as soon as reasonably possible and work with you to either delay the order or offer a refund.

16. Suspension and termination

We may suspend or terminate your access to the Site, or cancel any pending orders, if we reasonably believe you have breached these Terms — including (but not limited to) submitting unlawful personalisation, placing fraudulent orders, or misusing our intellectual property.

Termination does not affect any rights, obligations, or refund entitlements that have accrued up to the date of termination.

17. Third-party links and services

The Site may contain links to third-party websites or rely on third-party services (for example, our payment processors, email marketing platform, or social media platforms). We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of those services is governed by their own terms and policies.

18. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You and we both submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them in connection with any dispute about these Terms or your purchase.

19. General

• Entire agreement: These Terms, together with our Returns and Refunds Policy, Shipping Policy, and Privacy Policy, set out the entire agreement between you and us in relation to your use of the Site and your purchase of our products.

• Severance: If any provision of these Terms is found to be invalid or unenforceable, the rest of the Terms remain in full force.

• No waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer ours, including to a successor business.

20. Contact us

If you have any questions about these Terms, please get in touch.