Terms & Conditions

This website is operated by Barwon Equine Dental trading as Fern and Gum. Throughout the site, the terms “we”, “us” and “our” refer to Fern and Gum. Fernandgum.com ( the “Website”) is intended for sole use by those wishing to review, consider, purchase or otherwise engage in commercial transactions involving Fern and Gum. By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site including but not limited to browsers, vendors, customers, merchants, and/or contributors of content. We reserve the right to refuse service to anyone for any reason at any time.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Please read these Terms of Service carefully before accessing or using our Website.

Intellectual Property

Fern & Gum gift designs are the sole property of Fern and Gum. Gifts may not be resold without written permission from Fern & Gum. Gift designs may not be altered in any way and still presented as Fern & Gum via social media, blogging or any other public forum.

Food Allergy Disclaimer

Food products that Fern & Gum provides via Otway suppliers always have a risk of possible allergen contamination. All clients and their gift recipients are encouraged to read the labels before consuming. Fern & Gum will not assume any liability for adverse reactions to food consumed including labelled and non-labelled food products.

Substitutions

We pride ourselves on working with small-batch and local artisan businesses and as a result, certain items can become unavailable on occasion without a lot of advanced notice. In the event an item is unavailable at the time of being ordered, we reserve the right to substitute an item of the same type, of equal or greater value, and as close to your original item as possible. If the item is especially unique and an appropriate substitution doesn’t exist, we’ll omit the item, notify you as soon as possible and issue a credit.

Please Note: Due to the recent closure of Platipy Chocolate, Gorge Chocolates are now being subsituted in all gift hampers to an equal or greater value. Due to the recent closure of Tea and Scandal, tea products are no longer available.

Warm Weather Shipping

Please note that ordering items subject to melting is at your own risk. Quality upon delivery of these items cannot be guaranteed by Fern & Gum. Fern & Gum will not issue refunds as a result of melting regardless of the time of year.

Product Packaging

On occasion, our suppliers may update their product packaging and ingredient lists. As a result, actual product packaging may differ from what is displayed on Fernandgum.com. It is the responsibility of the client and recipients of the client gift to always read labels, warnings, and directions before using or consuming a product. For the most current and/or additional information about a product, please contact the manufacturer.

Product Images

Fern and Gum have made every effort to display as accurately as possible the images of its products that appear at the Site. We cannot guarantee that your computer monitor’s display of any product will be completely accurate.

Return Policy

All orders are final sale and non-refundable. If your order arrives and you’re not satisfied, please contact us within 24 hours and we will work with you to make sure you are completely satisfied.

Shipping

It is your responsibility to provide correct shipping/delivery information. Accurate and complete information is required to avoid additional fees as well as delays in your order. Be sure to include accurate shipping information including full name, street address, apartment #, postcode, etc. If possible include recipients telephone number as well as your day-time telephone number. If an item is returned to us due to incorrect shipping address or recipient refusal, we will charge a re-delivery fee. If an item is forwarded by a carrier due to incorrect shipping information, an address correction fee is charged to us and in turn will be charged to you.

We cannot provide a refund on delivery or shipping charges. We are not responsible for packages unclaimed. If packages are returned to us because they were unclaimed, we can arrange to have the gift sent to an alternate address for an additional shipping fee. We do not offer refunds because a package was not claimed by your recipient.

Damages

We must receive notification of damaged products within 24 hours of delivery. For products damaged during shipping, please keep all original packing material for courier inspection in order to file a claim with Australia Post. We require an image of the damage to be emailed to us at caroline@fernandgum.com.au for our review.

Marketing

Fern & Gum reserves the right to include a business card, insert card and flyer inside each welcome gift. We also reserve the right to publish finished products on social media, industry blogs as well as the Fern & Gum blog.

Indemnification

You agree to defend, indemnify and hold Fern and Gum harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of our Website, including, without limitation, your use of this fern & Gum website in violation of these Terms of Use.

Disclaimer

The Website and all of its contents are provided on an “as is” basis without warranties of any kind, either express or implied. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Fern & Gum shall not be liable for any damages of any kind related to your use of this Website.

Inaccuracies

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Privacy Policy

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our Website visitors. The information you provide is used to fulfil your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.