TERMS & CONDITIONS
About these terms & Conditions:
Please note that chocolate, gummi bears and some other products can be a very temperamental products that are prone to melting at even the slightest temperature rise. It is at the customers discretion when deciding to ship during extreme hot weather months and to locations where the heat may affect the product. This is out of our control.
In these Terms and Conditions "we" and "us" mean Goody Goody Gumdrops Pty Ltd (trading as Goody Goody Gum Drops)
ABN: 55 150 109 121 of 47 Hawkins Street, Howlong, NSW, 2643 and "you" and "your" means you the customer.
These Terms & Conditions apply to All Orders made to Goody Goody Gumdrops Pty Ltd whether made on-line, by email,
letter, telephone or any other means. There are no exceptions.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of
Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing
or by email prior to the event. These Terms & Conditions apply to all orders with Goody Goody Gum Drops including email
and phone orders as well as online orders.
Goody Goody Gumdrops Pty Ltd abides by all of Australia's Consumer Laws without exception.
Due to substantial price increases by Australia Post in May & September 2014 (some freight costs increased up to 400%) we
now send most orders by courier where we can. (particularly "Free Freight" orders) In September, 2014 Australia Post
also increased courier's on-forwarding freight costs substantially making deliveries to many rural & remote areas now very
expensive. It appears that Australia Post do not want to meet their obligation to deliver to remote & rural locations
and have made the cost of delivering to these areas prohibitive. Because of this heavy Free Freight orders can now only
be delivered to areas where Fastway Couriers have a depot.
Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with Goody Goody Gum Drops.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders
placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by an automatic email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Goody Goody Gum Drops reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at
its sole discretion.
Please note: Product colours may vary from images on our website and frequently change with each batch produced.
If colour is important to you, please order a small quantity first.
Payment Methods and Processing
Goody Goody Gum Drops accepts PayPal or Visa and MasterCard credit cards.
Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed
until payment has been received. Please ensure that you include the order/ invoice number in the transaction
description. Payment by Money Order is also acceptable. We do not accept payment by cheque unless previously agreed.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW and some Victorian public holidays.
Credit card and PayPal payments are processed after you click the "Submit My Order" button.
For credit card and PayPal payments we will email an invoice to you with your order confirmation. Your invoice is
your proof of purchase. A Tax Invoice will be attached to the parcel when your order is despatched.
Free or Flat Rate shipping is sometimes offered. If this is offered it is applicable for orders placed on our website
only and not applicable to discounted orders, quoted orders or orders not made online at our shopping cart website.
Courier delivery is not available for all areas. If you select this option we may send your order by Australia Post if a
quicker delivery is expected.
We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is payment via
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
If your PayPal payment is funded by an eCheque this may substantially delay processing your order while payment
clears. Please check PayPal.com.au for details of eCheque payments.
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include
GST, and the total GST paid will be clearly marked on the tax invoice sent with the goods.
Goody Goody Gum Drops always seeks to list Products with the most competitive prices.
Goody Goody Gum Drops reserves the right to change prices for products displayed at the Goody Goody Gum Drops
website at any time. Images are for illustrative purposes only and colours, etc may vary.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours
of receiving the goods. Orders sent by courier or Registered post are insured and delivery must be signed for. Courier
deliveries are not insured if you give permission for the goods to be left without signature. We will organise for the
return of the goods and arrange a credit towards your next purchase or send a replacement product after the insurance
claim has been settled by the courier or Australia Post as applicable. For cancelled products that are authorised by us
for return, customers will incur the cost of return postage and be credited the purchase price only excluding freight
costs for goods returned. Orders can only be cancelled in writing and cannot be cancelled if already despatched.
Payment for return freight must be made by the customer.
Shipping rates vary. Goody Goody Gum Drops reserves the right to change prices for delivery at any time. Goody Goody
Gum Drops does not ship outside of mainland Australia. (Tasmania excepted) Freight charges may be changed at any
time without prior notice.
Most orders on this website are processed within 3 to 5 days depending on stock. If there are any unforeseeable delays,
you will be contacted by our customer service team.
Orders will be shipped to you by Australia Post, or depending on your location, a Courier Service of our choosing. Most
orders will require a signature on delivery. If you may not be home it may be better to arrange delivery to a work
Most orders sent with Australia Post will either be through satchels for smaller items, or Regular Post for larger items.
Budget freight or flat rate freight is also available in some cases.
With most deliveries we recommend that your nominated delivery address is one where someone is present to accept
your delivery between the hours of 9.00am and 5.00 pm. If no-one is present to accept delivery, the courier or
Australia Post will leave a card.
Australia Post has discontinued Registered Post, posted parcels are now not insured unless requested and an additional
fee paid before postage. If no-one is present to accept delivery a slip will be left in the mail box so that you can contact
the relevant Australia Post Office to arrange collection of your package.
Express Post is not a next day delivery service from our location. It normally takes 2 or 3 days. Express Post orders must
be received fully paid by Noon AEDT to be shipped that day.
Deliveries to Perth, WA are usually sent by courier. Our courier quoted 7 to 10 business days delivery time from despatch
date. Express Post is also a freight option at an additional cost and can be selected at checkout if your order is required
urgently. Please let us know if your order is urgent when you place your order.
Once purchases have been despatched, we cannot be held responsible for items lost or damaged in transit. All products
leave us in good condition and packaged correctly. All claims will be made direct to Australia Post or our courier company.
Any refunds or replacement goods will be made after the carriers insurance has investigated. With Australia Post claims
this can be 4 to 6 weeks. It is much quicker with courier companies.
As most parcels require a signature on delivery we recommend that your delivery address has someone available to accept
your delivery during business hours. Our courier or Australia Post cannot guarantee a specific delivery date or time. If no
one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement
for final delivery by courier or collection from the local Post Office if the parcel was sent by mail.
Although we try to deliver your order according to the estimated delivery times provided, these may change due to
circumstances beyond our control. If your order hasn't arrived by the estimated delivery time, please contact Australia
Post or the Courier company.Please remember that once we hand your parcel to Australia Post or a courier the delivery
and delivery time is totally out of our control and we do not guarantee delivery by a certain date.
Title and risk of loss to all products will pass to you when the items have been delivered.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company.
Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we
will choose the most appropriate delivery option as outlined above. Please consider the information below so you are
aware of your obligations in relation to delivery options.
Australia Post satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred
as a result of using this delivery option is at the purchasers risk. Registered Post has now been discontinued by Australia
Post. Please let us know at the time of ordering if you want your parcel sent by Insured Post. (Extra charges are applicable.)
Courier deliveries are insured at no extra cost unless an authority to leave the parcel without signature is given by the
buyer or receiver.
If you REQUIRE a fully insured postal service such as Australia Post Insured Post, that must be signed for, rather than being
eft at your door, it is your responsibility to request this at the time of ordering. Australia Post Insured Post includes
$100 insurance. Additional fees are payable for insurance and person-to-person delivery options.
Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be
requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us
the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this
occurs, please either email us email@example.com or call the courier's customer service team.
Insurance is already included in the regular shipping price for Fastway Couriers, which will cover any items, in the unlikely event
that they damaged or broken during transit. Do not sign with the courier until you have checked all goods are not damaged. If there
are any items damaged in transit, refuse delivery and ask to courier to return the parcel to usand we will replace any damaged or
broken items after claiming with the couriers insurance company. If you sign and accept delivery, the insurance from Fastway Couriers
is void, the goods become your responsibility, and we will not be liable for replacing any damaged or broken items. Please note
that if you give an authority to leave the parcel if there is no body available to accept delivery, there is no insurance cover.
If your order is being sent by Australia Post by your choice or if our courier doesn't deliver personally to your area, it will not
automatically be covered by insurance. If you wish to purchase the optional Australia Post insurance, please contact us, and
we can arrange the Australia Post insurance for you up to the value amount of your goods ordered. If you do not purchase the
insurance (extra charge on top of the normal shipping price), we are unable to make a claim to Australia Post for any damaged
or broken items, and Goody Goody Gumdrops Pty Ltd will not be liable for replacing any damaged or broken items.
Goody Goody Gum Drops is proud to offer our customers quality products. We will endeavor to supply you with product
your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result
of a manufacturing defect from our suppliers. If this occurs please either email us at firstname.lastname@example.org
or contact our Customer Service Team. We do not offer refunds if you change your mind, don't like the colour or flavour
or any other reason apart from as defined by Australian Consumer Laws. If we authorise a return for such products, a
store credit of appropriate value will be provided. Not a refund.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or
implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current,
we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any
errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your
convenience and are not responsible for their content and do not endorse any pages linked to this website. This also
applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever
resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising
out of any use of our services or in connection with the use or performance of this website, or the content of this
website or referred to on this website or any other website you may access through this website.
This website and its contents including images are subject to copyright and can not be used without our written authority.
All images are owned or licensed by Goody Goody Gumdrops Pty Ltd and no permission is given for publication or
reproduction by anyone. Goody Goody Gumdrops Pty Ltd owns the intellectual property rights of any content that
is accesable to you on our websites except for the shopping cart software used. Some Images not owned by Goody
Goody Gumdrops Pty Ltd are licensed from ShutterStock.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by
electronic or any other means a part or the whole of this website or its contents for commercial purposes.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the
prior written consent of My Store. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in
whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions
in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability
for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall
be limited, at the option Goody Goody Gumdrops Pty Ltd, to the replacement of the Product(s) or the re-supply of
the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition.
Such failure shall in no way affect the right to later enforce such Term or Condition.
Goody Goody Gumdrops Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.
No Goody Goody Gum Drops employee or agent has the authority to vary any of the Terms and Conditions governing
Colours: Most computer monitors are not correctly calibrated (particularly LCD monitors) and colours may appear
different to the actual products. Colours may also change with each batch of confectionery made. Our products are
JUST Lollies and NOT works of art. Confectionery colouring can vary and colours may differ between batches. Colours
such as Black may have a slight brown appearance when viewed under some lighting conditions. If appearance is
important, please order a small amount first to make sure they are what you want for your special occasion. Please
keep in mind that the colours, shapes, flavour, etc. of confectionery could change, even if you have received samples,
when a new batch of the product is made. We do not accept any liability if this change occurs. We will not accept the
return of any goods if you have not ordered samples of the product concerned.
Any promotions conducted by Goody Goody Gumdrops Pty Ltd may be discontinued without prior notice. Any Reward
Points, etc will be lost if the promotion is discontinued although we will do our best to honour the reward points.
Goody Goody Gum Drops shall not be liable for any delay in performing any of its obligations under these Terms and
Conditions if such delay is caused by circumstances beyond the reasonable control of Goody Goody Gum Drops, and
Goody Goody Gum Drops shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and
shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
(Flat rate shipping or free shipping (if and when available) or any free promotions or offers are not available with discounted
orders or orders not made online.)
Products on Sale are restricted to existing stocks only.
We recommend that you order Chocolate products, Gummi Bears or Boiled Lollies only in the cooler months. All boiled lollies can be
affected by humidity and may stick together during the warmer months particularly if in jars. Chocolates may "Bloom" (get white
spots) and Gummi Bears may melt in extreme temperatures during transit. We can't guarantee safe arrival of these type of
products in very hot weather as they may sit in a delivery truck in the heat for an extended time. During extreme hot weather
we try to ship these products by courier in polystyrene foam boxes or heat shielded bubblewrap (at no extra cost unlike our
competitors some of whom charge an extra $30 for foam boxes) where we can if the parcel is of suitable size (our foam boxes
are approx. 44 x 29 x 15 cm inside) however, we can't always use protective foam boxes for post deliveries due to Australia Post
size restrictions. Foam boxes are not always available.
The following message is sent with each order confirmation email. Please read the following.
Thanks again for your order. If your order is urgent please let us know and we will do our best to meet your deadline. It should be
despatched by either Courier or Australia Post, depending on your location, within 5 to 7 business days of receiving payment
(usually much faster), provided that we have the stock. We normally notify by email if there are any stock problems that will delay
the shipping more than 5 days. The time taken by the courier or Australia Post to deliver the order after despatch is shown during
the checkout process. In most cases, the delivery will require a signature, so it may be a good idea to use your work address
instead of home address. Please email us immediately if you want to change the delivery address or if your order is urgent. You
will receive an email notification when your order has been shipped.
Please also note that if you have any pre-order products on this order (They are clearly marked "This product is available for pre-order
only" or shows an expected release date) then, by default, we do not despatch the order until the Pre-Ordered products are available.
If you want to arrange multiple despatches (ie. You want to get some of the order urgently) please contact us. Please note that there
will be an additional freight cost for multiple despatches.
Please let us know immediately if this order is a gift and you don't want us to send the invoice with the goods. Please feel free to
contact us by email or phone 0414 231 212 if you have any worries with your order.