Terms Of Service

1. General terms and Conditions

I. This website is owned and operated by Only Care.
III. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
IV. Only Care may amend these terms and conditions from time to time. Any amendment is effective immediately.

2. Delivery

Delivery Fee Quote Guarantee
I. Prior to checkout, Only Care agrees to quote and/or display the delivery fee.

Delivery Times
II. The delivery time selected by the customer is the latest the delivery can be made. The delivery can be made anytime, up to or before, the selected delivery time.

Saturday Deliveries
III. Depending on the location, Saturday deliveries are available and additional delivery charges may apply. Customers will be informed prior to checkout if a Saturday delivery is possible.

Sunday and Public Holiday Deliveries
IV. Deliveries on Sundays and public holidays are not available, except when stated otherwise.

Special Events Deliveries
V. Only Care sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
VI. Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.

Deliveries in Transit
I. Only Care does not provide a track and trace service or an estimated time of arrival once products are in transit for delivery.
II. Proof of Delivery (POD) times are available, if requested.

I. Certain products are dispatched with Australia Post or a third party courier.
II. Only Care accepts no responsibility for delays associated with Australia Post or the third party courier actions.
III. In the event when the goods are dispatched with Australia Post, the recipient is not available to accept delivery and there is no safe drop-off point, the goods will be returned to the closest Post Office and a calling card will be left notifying the recipient to pick up the goods. This still applies when ‘OK Front Door’ or ‘OK Back Door’ drop option has been selected.
IV. Only Care uses reputable third party contract couriers, including Australia Post. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. Only Care will work with the customer to assist in resolving any issues that may be a result of a third party failure.
V. In order to avoid any disappointment, please place your order early to provide us with the best opportunity to deliver your gift by your preferred delivery date. For further information please feel free to contact one of our experienced Customer Service Consultants on 1300 100 788 or email us.

Address Types
I. For Residential addresses, if a courier deems a delivery location unsafe, the order will be returned to the dispatch address and redelivery fees will apply. For Only Care deliveries dispatched to Australia Post, see the above.
II. For business, school and hospital addresses, Only Care accepts no responsibility for delivered items that are redirected to the mailroom, front desk or reception.

Delivery Guarantee – Metropolitan Areas
I. We guarantee same day for all orders to metropolitan destinations placed before 2pm on weekdays and before 10am on Saturday – based on the local time in the recipient’s time zone.

Metropolitan orders placed before these cut off times are guaranteed to arrive:
by 5pm to a business address, and
by 6pm to a residential address.

3. Customer Obligations

Contact Details
I. Customers must supply Only Care with a valid phone number and contact email.
II. Only Care accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.

Delivery Address
I. It is the obligation of the customer to ensure the recipient’s delivery address is correct.
II. Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees.
III. Only Care accepts no liability for incorrectly delivered or undelivered goods, where the customer made no reasonable attempt to correct the address within a reasonable period of time and/or Only Care acted reasonably when delivering the goods.
IV. Once delivered in accordance with your instructions, the product becomes the responsibility of the customer.

Recipient Details and Personalised Messages
I. The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Only Care accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.
II. In regards to internet orders, customers should ensure that their personalised message is written to their satisfaction. Only Care accepts no responsibility for incorrect spelling, grammar or formatting.

4. Alterations and Amendments to Orders

I. We are unable to provide any alterations or amendments (including cancellations) for orders that have already been prepared and/or in transit.
II. Only Care reserves the right to refuse alterations and amendments.

Only Care
I. Alterations and amendments must be requested by 1.00pm (EST Sydney Time), the day before the set delivery date.
II. Same day deliveries are only available for Only Care in certain locations.
III. Alterations and Amendments Disclaimer: during Special Events, including but not limited to, Valentine’s Day, Mother’s Day and Christmas deliveries, all orders are final and Only Care reserves the right to not accept any alterations, amendments or cancellations of already placed orders.

5. Cancellation of Orders
I. Cancellation requests received at min.12 hours prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of $50.00. Customers may opt for the gift voucher to the full value of the order if they wish to avoid cancellation fees. Please contact our Customer Service on 1300 760 110 (int: +61 437 147 579) to discuss your options.
II. Cancellations received after the applicable period stated above, are void.
III. If the cancellation is authorised the difference will be refunded, within 3 – 5 working days, or at the discretion of the customer’s bank/financial institution.
IV. Only Care is unable to cancel orders that are already prepared and/or are with a courier for delivery.

6. Complaint Policies

Only Care Three Day Complaint Policy
I. Any dissatisfaction with the product(s) must be communicated to Customer Service within three (3) days of delivery. Australia Callers: 1300 760 110 International Callers: +61 437 147 579.
II. Only Care reserves the right to request photos of the original product(s). To assist us in quality control it is our policy, if requested by us, to collect the original products.

Only Care Complaint Policy
I. In the event that there are damaged goods in the package, please contact Customer Service immediately. Australia Callers: 1300 760 110 International Callers: +61 437 147 579.
II. Only Care reserves the right to request a photo of the damaged goods and/or a return of the damaged goods to a reply paid address.

7. Product Range

I. Products in the Only Care range are not available at all locations. Customers will be informed when a selected product is not available in the delivery location.
II. When a product is unavailable in your chosen location Only Care may be able to offer you an alternative product. Any orders outside our Only Care delivery network are ‘Nationwide’ deliveries which are fulfilled by a third party relay service. These products are unbranded and not packaged in our signature boxes, and their prices may vary depending on location.
III. Only Care products are available for delivery Australia-wide.

Substitution and Seasonal Availability Disclaimer
I. Only Care endeavours to fulfil orders in compliance with product descriptions, however orders may be subject to seasonal and product availability.
II. Only Care reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is as similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.

Photography and Products
I. For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product. The itemised product description available on the product page outlines the contents of final products.

8. Pricing and Transactions

I. All prices quoted, unless otherwise stated, are inclusive of GST.
II. All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
III. Product prices do not include delivery fees.
IV. In the event a customer is entitled to a refund, the refund will be made to the original credit card or paypal account. For paypal transactions the refund will be made to the paypal account.

We accept payment by Visa, Mastercard, American Express and Diners Club credit cards.
When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
A surcharge of 3.5% is applicable for payments made with American Express credit cards.
A surcharge of 3% is applied for payments made with Diners Club credit cards.

9. Discounts

I. Discounts apply to the product value and exclude the delivery charge.
II. Discounts may not be combined with any other offers, discounts or gift vouchers.
III. Discounts may not be redeemed for cash or transferred.
IV. Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalisation.
V. Discounts will not be applied to an order after payment has been taken.
VI. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, ‘the discount’.
VII. Only one promotion code may be used per order.

10. Gift Vouchers

I. The voucher is redeemable by the bearer for Only Care merchandise to the value stated on the front of the voucher.
II. The voucher may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.
III. A minimum purchase value of $49.95 as stated on the gift voucher is applicable. The minimum purchase value is exclusive of delivery fees.
IV. The voucher is valid for deliveries made within the specified Only Care delivery network only.
V. The voucher cannot be used in conjunction with any other promotion, discount or certificate offer. Only one discount will apply per order and it will be the larger discount of the two.
VI. Limit of one voucher per order applies.
VII. Only Care is not responsible or liable for vouchers that are lost or stolen.
VIII. Gift voucher may only be redeemed on the Only Care website, or over the phone on 1300 100 788.
X. Only Care will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.
XI.The value of this certificate can only be applied to orders over $49.95 and cannot be applied after your transaction has already been processed and completed. If forgotten, the voucher must be saved and used towards your next purchase.
XII. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of Only Care to resolve.
XIII. Gift voucher orders placed outside of business hours will be posted on the next business day.
XIV. For orders placed on the Only Care website, voucher discount will be applied once the order has been processed by the consultant.

11. Security and Privacy

Collection and Use of Information
I. Only Care collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for Only Care to fulfil an obligation.
II. Personal data includes, but is not limited to: the full name of the customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
III. Only Care does not keep records of customer credit card details.
IV. For customer security, your IP address has been logged and will be recorded with your purchase details.

Disclosure of Information
I. Only Care may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other obligations, such as prize-giving or sponsorships.
II. Only Care will not disclose personal information to third parties for marketing purposes without prior authorisation.
III. Under no circumstances will Only Care sell or receive payments or services for disclosing customer’s personal information to any partner or external company.

Sender Anonymity and Disclosure
I. Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
II. Only Care will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

Information Storage
I. The Only Care website utilises cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.

Promotional Material
I. Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
II. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.

12. Fraud

I. Any party engaged in illegal activities involving the use of the Only Care website will be subject to civil and criminal sanctions and prosecution.
II. Only Care does not guarantee that it will be able to prevent any illegal or inappropriate use of its websites, nor that it will give notice of any illegal or inappropriate use of its websites.
III. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

13. Governing Law

I. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
II. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
III. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

14. Third Party Sites

Websites operated by Only Care may provide links to related third party sites. Only Care is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

15. Trademarks, Copyrights and Restrictions

I. All material on the website owned, operated, licensed or controlled by Only Care, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Only Care its related companies or by other parties that have licensed their material to
Only Care.
II. Material on any website owned, operated, licensed or controlled by Only Care is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Only Care.
III. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Only Care copyrights, trademarks and proprietary rights and is prohibited.

16. Force Majeure

Only Care is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Only Care’s control.