Terms and Conditions
– Updated October, 2021
- Please read these terms and conditions before accessing or using the Mornington Peninsula Group website.
- Mornington Peninsula Group Pty Ltd (ACN 644 603 841) trading as Mornington Peninsula Gifts and Mornington Peninsula Gatherings (herein referred to as “Mornington Peninsula Group” or “MPG”) own and operate the Mornington Peninsula Group website morningtonpeninsulagroup.com.au herein referred to as the “MPG website”, “website” or “site”.
- These Terms and Conditions govern the use of the Mornington Peninsula Group website found at morningtonpeninsulagroup.com.au (including if accessed via www.morningtonpeninsulagifts.com.au or www.morningtonpeninsulagatherings.com.au ) and the purchase of any goods and/or services from it (products).
- For the purpose of these Terms and Conditions, the term Products, refers to all items available for purchase from the morningtonpeninsulagroup.com.au website inclusive of all types of gifts, certificates, vouchers, cards, packages, hampers, boxes, services, experiences, adventures, picnics etc.
- The Products provided are collectively referred to as “MPG Gifts” but may be referred to as “MPG Gatherings”, “MPG Mystery Picnics”, “Mornington Peninsula Gifts” or “Mornington Peninsula Gatherings”.
- When we say “you”, “your”, “they”, “them” etc., we mean the person using the site.
- When we say “our”, “we”, “us” etc., we mean Mornington Peninsula Group Pty Ltd T/A Mornington Peninsula Gifts and/or Mornington Peninsula Gatherings.
- We reserve the right to change these terms and conditions without notice.
- Please note that by accessing and/or using this website, obtaining or ordering Products from us (via the site or by any other method of sale); you acknowledge that you have read, understood, agree to, comply with and be bound by these Terms and Conditions, including the disclaimers and limitations of liability.
- If you are under 18 years of age, you must obtain the consent of your parent or guardian before accessing and using the site.
2. Your rights
- All Products supplied to you by us come with guarantees that cannot be excluded under the Australian Consumer Law.
- You are entitled to a replacement or refund for a major failure and may also be entitled to compensation for loss or damage.
- You are also entitled to a refund or replacement for a minor failure unless we elect to repair the product at our expense.
- You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law.
- Nothing in these Terms and Conditions excludes, restricts or modifies any condition, guarantee, warranty, right or liability conferred on you by law and unable to be negated or modified by contract and to the extent that any of these Terms and Conditions would (but for this provision) exclude, restrict or modify any such condition, guarantee, warranty, right or liability it is invalid and unenforceable.
- Save in relation to claims under the Australian Consumer Law, our maximum pecuniary liability to you in connection with or in relation to your use of our site and the purchase of Products from us is limited to the aggregate of the amounts you have paid us for the Products.
3. Descriptions of Products:
- We try to ensure that our promotional information is accurate and up to date.
4. Illustrations on Our Site
- The photographs used on our website to illustrate Gatherings/Experiences/Picnics are used as an indication only and do not necessarily represent the exact locations or picnic items that you will receive.
5. MPG Mystery Picnic Gift Experience Locations
- MPG Mystery Picnics are located on the Mornington Peninsula.
- We will continue to add picnic supply partners but occasionally we may need to stop featuring/including some venues/supply partners.
6. MPG Mystery Picnic Gift Experience Duration
- Suggested MPG Mystery Picnic durations are approximate and are given as a guide to the total time you can expect to take from the start to the finish of your MPG Mystery Picnic experience, assuming no detours.
- Any itinerary provided to you is indicative only and the overall timing is up to the participant as this is a self-drive experience.
- Unless otherwise stated, you will normally take your turn with the 3rd party picnic supply providers other customers. There may be waiting times involved, particularly over the summer period when the population on the Mornington Peninsula swells significantly.
7. Food Intolerances & Allergies
- It is your responsibility to notify us at the time of booking, of any food intolerances or allergies that may impact your ability to consume certain food or drinks whilst participating in an MPG Mystery Picnic.
- While MPG will endeavour to accommodate special dietary requests from customers who have food intolerances, we cannot guarantee completely allergy-free food/drinks can be supplied by 3rd party Picnic Supply Partners.
- Whilst our Picnic Supply Partners have stated that they can accommodate Gluten-Free and Vegetarian requests, we cannot guarantee that any/all of the foods supplied by 3rd party Picnic Suppliers will be suitable for those with food allergies due to the potential of some cross-contamination of allergens in their working environment.
- At the time of pick up, participants must confirm that the items they are collecting is suitable for their needs. i.e. It is participants responsibility to ensure that any food or drinks accepted from 3rd party Picnic Suppliers is suitable and safe for them to consume.
8. MPG Mystery Picnic Experience Gift Vouchers
- Gift Vouchers are valuable documents and should be treated as cash and kept in a safe place.
- MPG Mystery Picnic Gift Vouchers may not be redeemed for cash.
- All MPG Mystery Picnic Gift Vouchers are subject to availability.
- The purchaser or recipient of an MPG Mystery Picnic Gift Voucher, can at any time during the validity period, make a booking, for any MPG Mystery Picnic on the MPG website.
- The MPG Mystery Picnic presented on the voucher is only a suggestion from the purchaser of the voucher.
- If you choose an MPG Mystery Picnic of higher value, you will be required and prompted to pay the difference. Additionally, if the new MPG Mystery Picnic chosen is of lesser value, any remaining balance will be held on that voucher for use at a future date.
- The value of an MPG Mystery Picnic Voucher will remain valid for 3 years from the date of purchase.
- All MPG Mystery Picnic Gift Vouchers are subject to change and/or removal from our website at any time without notice.
- MPG accepts no liability for the removal of an MPG Mystery Picnic Experience from the website (subject to your statutory consumer guarantee rights).
- In the event that an MPG Mystery Picnic Experience is removed from the site or an experience is otherwise no longer available, you will be offered a choice of remedy in accordance with your statutory consumer guarantee rights such as an alternative MPG Mystery Picnic of the same value (if available) or a refund back to the original purchaser only.
- Where you choose to receive a refund, the refund will be processed back to the purchaser only (we are unable to provide a refund to the recipient of an MPG Mystery Picnic Gift Voucher) for the original amount paid excluding any transaction fees or booking fees already incurred.
- All valid and unused MPG Mystery Picnic Gift Vouchers are fully transferable.
- All MPG Mystery Picnic Gift Vouchers must be presented upon arrival at the Picnic Supply Partner venue.
- MPG accepts no responsibility for any fraudulent Vouchers.
- If the Voucher is found to be invalid for any reason the bearer must settle the account owing with the Picnic Supply Partner until any issue is resolved with MPG.
- MPG Mystery Picnic Gift Vouchers may not, without the prior written consent of MPG, be resold or offered for resale (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes.
- If an MPG Mystery Picnic Gift Voucher is sold or used in breach of this condition, the voucher may be cancelled without a refund and the holder of the voucher will be unable to use the voucher.
- MPG cannot guarantee the validity of any Gift Voucher offered for resale.
- Once an MPG Mystery Picnic Gift Voucher has expired MPG is under no obligation to offer an extension.
9. Prices and payment
- You agree to pay for all products that you order.
- The price of the products that we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and/or paid for.
- All prices quoted are in Australian dollars.
- All prices listed on the website include all applicable taxes unless otherwise specified.
- Prices provided in the online shop do not include delivery unless otherwise stated.
- Deliveries Australia wide incur charges which will be clearly stated when you add a product to the ‘cart’ and you enter your details at the checkout.
- We currently do not ship outside of Australia so Products are only available to be delivered to an Australian address.
- We accept payment by Visa & Mastercard.
- Payment by card may be subject to processing fees, but if applicable you will be informed of these prior to finalising your purchase.
- By placing an order with us, you are making an offer to purchase the subject products from us.
- Please do not proceed to purchase/use your MPG product until you have read, understood and accepted these Terms and Conditions.
- You are not permitted to order any products for resale to a third party.
- We reserve the right to accept or reject any offer you make us for any reason, including but not limited to if the products requested are not available, payment is not processed successfully, we suspect your order is for commercial resale purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy.
- Each offer you make and which is accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products.
- For us to fulfil your order, we need some information from you including your name, contact details, billing address, delivery address and payment details.
11. Availability of product
- MPG will do its best to supply the Products ordered by you.
- Products are subject to availability and where products are not available to be ordered, the website will be updated as soon as practicable and state that they are not available.
- At certain times we may need to change the products or features of our products e.g. the contents of our MPG ‘Gift Boxes’, may vary slightly to those shown in the photograph where/when individual items are out of stock, out of season or have become obsolete.
- We will ensure that any replacement item is of comparable quality and value and if this is not possible, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights.
- In some instances there will be the option to ‘pre-order’ certain products.
- The content or format of MPG Mystery Picnics may change from time to time. Upon confirmation of each booking however, will provide the final details about each Gift Experience.
- In the event that we reject an order, funds paid in relation to that order will be refunded in full as soon as reasonably practicable. You will be provided with email acknowledgement of the rejection and refund.
12. Liquor Licence Information
- Mornington Peninsula Group has a Renewable Limited Liquor Licence (Victorian Liquor Licence No. 36162981O).
- Liquor included within MPG Gift Boxes will be supplied in combination with other non-alcoholic products as part of a gift package/hamper.
- Liquor may also be included as part of our MPG Mystery Picnics either as part of a gift package/hamper OR as a part of a gift card/voucher.
- The supply of liquor is limited to wine, beer, cider and spirits from the Mornington Peninsula region.
- It is against the law to sell or supply liquor to, or to obtain liquor on behalf of, a person under the age of 18 years.
- Mornington Peninsula Group supports the responsible service and consumption of alcohol and does not sell any gift package/hamper or gift card/voucher including any alcohol to any person under the age of 18 years.
- Gift packages/hampers or gift cards/vouchers including liquor will only be sold where both the sender and receiver are 18 years of age or older.
- You must be 18 years or older to place an order on our website (morningtonpeninsulagroup.com.au) or to receive a delivery.
- At the time of ordering, customers will be asked to acknowledge that they are over the age of 18 years and that the alcohol will not be supplied to a minor.
- If you check the box to confirm that you are 18 years or over, you take full responsibility for that statement. If you fail to do so, the exemption which we enjoy from the provisions of the Liquor Control Reform Act 1998 may be prejudiced and we might be obliged to hold you responsible for penalties imposed on us or losses incurred by us.
- Australia Post Employees/Couriers may ask for proof of identity and/or evidence of age on receipt of delivery.
Under the Liquor Control Act 1998 it is an offence;
- To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000)
- For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700)
- MPG will endeavour to arrange delivery within seven business days in metropolitan Melbourne. Longer periods apply to country and interstate regions.
- Please note that Australia Post is experiencing delays during COVID-19 and customers are encouraged to check the Aus Post website for up-to-date advice regarding expected delivery times.
- When taking advantage of our delivery option, MPG will not take responsibility for any goods delayed, misplaced or lost by Australia Post.
- We will follow appropriate process to ensure any goods are sent to the correct address. If you are not able to receive your package at the designated address you may have to collect from a post office.
- It is the responsibility of the purchaser to provide the correct address for product delivery, whether by email, post or courier.
- MPG cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
- Please be aware that we do not deliver products to PO Box addresses.
- MPG is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us immediately on ph. 0493 293 831 to send vouchers to an alternative email address. Alternatively, we can change the delivery method which would incur the normal delivery fee of that service.
Delivery via Express Post
- Express Post delivery to physical locations is via Australia Post at the purchasers expense.
- MPG accepts no responsibility for any damage, loss or delay as a result of using Australia Post/courier services.
14. Product care
- Due to the nature of the recycled and/or natural fibres used in some of our products there may be slight differences in colour, texture, weight and/or dimensions.
- All colours, textures, weights and dimensions mentioned are approximate and could differ slightly for each product.
- Our Linen Tea Towels are made from 100% Flax Linen and printed using high quality eco-friendly water-based ink. We recommend that all tea towels are initially hand washed in cold water, then subsequently warm machine washed. Do not bleach, do not tumble dry and warm iron on the reverse side.
- Our Linen Picnic Rugs are made from 100% Linen unless otherwise stated in the product description. We recommend that all Picnic Rugs are initially hand washed in cold water, then subsequently warm machine washed. Do not bleach, do not tumble dry and warm iron on the reverse side. Because these products are made from natural fibres and the fabrics are sourced from different suppliers, there will be some differences in the textures, weights, dimensions and colours of products. Whilst every attempt will be made to update the product details and/or photos, if you are unhappy with your product for whatever reason we would appreciate you contacting us immediately to discuss your concerns.
15. Copyright and trademark notice
- This site is owned and operated by us.
- Unless otherwise specified, all material appearing on this website, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material as well as the selection, assembly and arrangement thereof (collectively “Content”) is subject to applicable copyright laws.
- You may use the Content only for the purpose of shopping on this site including placing an order on this Site and for no other purpose.
- No Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means whatsoever without our prior written permission.
- All rights not expressly granted herein are reserved.
16. Release & indemnity
- You waive, release, discharge and relinquish any and all claims that you have now or may have against us that are connected with, arise out of, relate to or are incidental to the use of our website or products purchased from us.
- You agree to indemnify us and to keep us indemnified from and against any claim, loss, damage, tax, liability and/or expense that may be incurred by us arising out of or in connection with your use of our website or any of our products or services.
- We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss.
- The information contained in this Site is provided in good faith on an “as is” basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site.
- To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
- If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in full force and effect.
- These Terms and Conditions are governed by the laws of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that State.
19. Our partner websites
- This Site contains links to other websites that are not operated by us and for which we are not responsible.
- We are not responsible for the privacy policies or practices of any third party.
- We are not responsible for these other sites or the consequences of you visiting those sites.
- We are not responsible for any practices on linked websites that might breach your privacy.
- You agree that no representation or warranty is made by us in connection with those other websites and that the provision of the links does not indicate, expressly or impliedly, that we endorse the site or the products or services provided at those sites.
For enquiries in relation to this policy please contact firstname.lastname@example.org