TERMS & CONDITIONS
We reserve the right at all times to make changes or updates to these Terms and Conditions at any time without providing you with prior notice.
Any changes or updates to these Terms and Conditions will apply immediately at the time of posting on the Website.
If you don’t agree to these Terms and Conditions, please do not continue to use our website.
1. DEFINITIONS & ACRONYMS
1.1. Business Days means Monday – Friday where trading banks located in New South Wales, Australia are open to the public for transactions.
1.2. Delivery Address means the address to which the Goods are to be delivered as provided by you on the electronic Order form on the Website.
1.3. Authorised Delivery Agent means any nominated third party delivery or shipping business for The Christmas Market.
1.4. Delivery Fee means the fee charged by the Delivery Agent of The Christmas Market for the delivery of Goods to you.
1.5. Goods means the items offered for sale described or displayed on The Christmas Market Website.
1.6. GST means the Australian goods and services tax charged on designated good and services as defined under A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
1.7. Law means any written rule/s e.g. Act, Regulation, Code, Order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by court judgment.
1.8. Order means any request by you to purchase Goods online from The Christmas Market website in accordance with these Terms and Conditions.
1.9. Personal Information has the meaning as defined under the Privacy Act 1988 (Cwlth).
1.10. Price means: the purchase price of each individual Good as specified on The Christmas Market Website and includes the GST where applicable.
1.12. Website means: www.thechristmasmarket.com.au
1.14. Terms and Conditions means: the specific Terms and Conditions as amended from time to time, governing your use of The Christmas Market Website, in addition to these Terms and Conditions.
1.15. We or Us or Our means The Christmas Market.
1.16. You or Your means you as the purchaser of Goods from The Christmas Market pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1. This agreement is a contract between the customer (you) and The Christmas Market.
2.2. By using this website you acknowledge that you have read and understood, and agree to be bound by these Terms and Conditions when you submit an online Order to us.
2.3. These Terms and Conditions apply to the Ordering, purchase, fulfilment and delivery of Goods from The Christmas Market website.
2.4. The Christmas Market Terms and Conditions contain important information relating to:
- ordering, processing, fulfilment and delivery of Goods
- limitations of liability and other conditions which may relate to your Order.
3.1. At The Christmas Market we know that your personal information and how it is collected, used and communicated is of critical importance to you.
4. USE OF THIS WEBSITE
4.1. This website and its contents are subject to Copyright owned by The Christmas Market, or in the case of some material, a third party.
4.2. You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use.
4.3. Any other unauthorised use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
5.1. The Christmas Market will never knowingly send/transmit to you electronic messages without your consent.
6.1. Cookies are small file/pieces of information that your website browser stores on your computer hard drive.
6.2. The Christmas Market cookies do not contain any personal, identifiable information.
6.4. If you elect to disable cookies on your website browser, access to all the available functional features of The Christmas Market webpages may not be possible.
7. OTHER WEBSITES
7.1. There may be links on this site to other websites that may be of interest to you.
7.2. The Christmas Market is not responsible for the privacy practices of third party websites that are linked to the Christmas Market website either via a hyperlink, banner advertising or otherwise.
7.3. You should exercise caution and check which website you are visiting.
7.4. We will not be liable for any damage caused by use of these websites.
8. DAMAGE TO COMPUTERS OR OTHER DEVICE
8.1. The Christmas Market is not able to guarantee that a file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware device or software with which it might be used.
8.2. You are responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
8.3. You assume all risk of use of all programs and files on this site, and you release The Christmas Market entirely of all responsibility for any consequences of its use.
9. PLACING AN ORDER FOR GOODS
9.1. You can place an online Order via the Website by correctly completing and submitting the electronic Order form on the Website.
9.2. When you submit an online Order via the website, you are making an offer to purchase Goods for the stated price plus GST and delivery fee specified at the time you submit your Order.
9.3. In completing The Christmas Market electronic online Order form, you agree to provide information as to your personal details that are relevant, necessary and accurate to enable The Christmas Market m and our delivery agent to accept process and deliver your Order.
9.4. The Christmas Market will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you due to inaccurate or incomplete personal details provided by you in respect of an Order.
9.5. You can Order online from The Christmas Market if:
- you are aged 16 years or over
- have, operate and maintain an active email account
- have, operate and maintain a telephone number on which you are easily contactable.
9.6. You must thoroughly check your Order, prior to submitting your Order online with us.
9.7. Once you have submitted your Order, cancellations of your Order or changes to the Goods in your Order cannot be made unless changes to your Order are made in agreement with The Christmas Market.
9.8. Once you have submitted your online Order, you will receive an automatically generated invoice containing your Order number.
9.9. You will need to quote your Order number when communicating with us regarding your Order.
10. ACCEPTANCE OR REJECTION OF AN ORDER
10.1. The Christmas Market reserves the right to either accept or reject an Order from you at any time or for any reason.
10.2. If we accept an Order from you, it represents an agreement by The Christmas Market to supply the Goods to you in accordance with the Order and these Terms and Conditions.
10.3. Your transaction is deemed to have taken place in Shell harbour, NSW Australia 2528.
10.4. If we reject your Order we will notify you of our decision via email or text message within five (5) business days of you placing the Order.
10.5. The Christmas Market will not be liable to you for your loss or that of any third party due to the decline of an Order.
10.6. If we reject an Order and your payment for the Goods has already been processed we will refund the money you have paid to us for that Order within five (5) business days.
10.7. Receipt of your refund will be determined by your financial institution and the time taken by them to process your refund.
10.8. The Christmas Market is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
10.9. We do not accept orders from customers using work emails from major retail chains, for example Kmart etc.
11. PRODUCT AVAILABILITY
11.1. You acknowledge and agree that from time to time, some Goods displayed on the website may be unavailable or out of stock and that we may be unable to complete or fulfil part or all of your Order.
11.2. If this occurs, The Christmas Market will contact you via email or phone within five (5) business days to arrange for amendment of your Order to replace the Good with an alternative comparable product and price, if available and agreed by you or a full refund.
11.3. Receipt of your refund will be determined by your financial institution and the time taken by them to process your refund.
11.4. The Christmas Market is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
11.5. We reserve the right to suspend or withdraw from sale either temporarily or permanently any Good displayed on The Christmas Market website without notice to you at any time.
11.6. The Christmas Market will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
11.7. Where your Order is affected by an error on the Website e.g. description of Goods, an image, price or otherwise, we will reject this part of the Order.
11.8. If applicable, The Christmas Market will continue to fulfil the remainder of your Order in accordance with these Terms and Conditions.
11.9. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
11.10. You acknowledge and agree that:
- all pictures and images of Goods displayed on the website are for illustration purposes only, and the sizes and dimensions and colours of Goods may differ in real life
- you have read any corresponding written description of the Goods, prior to submitting your Order
- the colour of Goods as shown on the website may vary slightly in shade in real life
- where we provide dimensions and measurements in the descriptions of a Good it is your responsibility to ensure that the actual size of each item is suitable for your purpose, prior to submitting your Order
- any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
12. PRICE & PAYMENT
12.1. The price of a good is stated on the Website and you agree to pay for your Goods at the time of placing an Order.
12.2. All prices of Goods and associated fees and charges are in Australian Dollars and are inclusive of Goods and Services Tax (GST) where applicable.
12.3. The prices of Goods on the Website are subject to change without notice to you.
12.4. You can pay for an accepted order using any of the following payment methods:
- Debit Card
12.5. You will be issued a Tax Invoice by email once payment for your Order has been processed.
12.6. All payments for Goods must be cleared in full by The Christmas Market before your Goods are dispatched from our warehouse.
12.7. If your payment cannot be processed, your Order will be rejected and you will be advised by email.
13. DELIVERY OF GOODS
13.1. The Christmas Market can conveniently deliver your order directly to your Australian home or work address as well as all Australian Post Office Boxes.
13.2. The Christmas Market uses Australia Post for all Deliveries. All Goods are shipped to you from our warehouse in Shell harbour.
13.3. Depending on the area you live in, delivery can take up to 10 business days after the order has been placed. Upon dispatch of your order you will recieve a confirmation telephone call or email.
13.4. For international customers please contact us directly, as shipping is arranged on a case by case basis.
13.5. All our Goods parcels require a signature upon delivery.
13.6. Where there is no authorised person at the delivery address to sign for the Goods parcel, the delivery driver will leave a card and the parcel will be returned to the nearest Australia Post office for you to collect.
13.7. From time to time there may be a delay in the delivery of your Goods.
13.8. You acknowledge and agree that:
- The Christmas Market cannot guarantee that delivery may not occur in the estimated time period
- estimate delivery times may change from time to time due to unforeseen circumstances or other factors beyond our control
- The Christmas Market is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
14. RETURNS POLICY
14.1. Please refer to our Returns Policy.
15. RISK OR LOSS
15.1. All risk and title to Goods passes to you on the date and time of delivery to the delivery address you provided to us when you submitted your Order.
16. WEBSITE CHANGES
16.1. We may change or update this website and the Terms and Conditions at any time without providing you with prior notice.
17. CORRECTION OF MISTAKES
17.1. Sometimes there may be content on this website that contains typographical errors, inaccuracies or omissions relating to a product image, product description, price or availability.
17.2. In this situation, we have the right to amend any typographical errors, inaccuracies or omissions and to correct or update content or cancel Orders at any time without prior notice.
17.3. If you believe that there is a typographical error, inaccuracy or omissions on this website, please contact us at firstname.lastname@example.org
18. DISCLAIMER/LIMITATION OF LIABILITY
18.1. You agree that your access to, and use of, this site is subject to these Terms and Conditions and all applicable laws, and is at your own risk.
18.2. This site and its contents are provided by The Christmas Market to you on an “as is” basis, the site may contain errors, faults, discrepancies and inaccuracies and may not be complete and current.
18.3. The Christmas Market makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
18.4. Neither The Christmas Market, nor its affiliates, directors, officers, employees, agents, contractors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site.
18.5. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
19. GOVERNING LAW
19.1. This website is created, maintained and controlled by The Christmas Market.
19.2. Your use of this site is governed by, construed and enforced in accordance with the laws of NSW, Australia.
19.3. All disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of NSW, Australia.
19.4. This website is available on the World Wide Web and may be accessed throughout Australia and overseas.
19.5. THE CHRISTMAS MARKET makes no representations that the content of this site complies with the laws of any country outside Australia.
19.6. If you access this website from a place outside of Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the website.
20. COMMENTS AND FEEDBACK
20.1. At The Christmas Market we are focused on continual improvement of our Goods and Services. If you have a suggestions or comment you can email us at email@example.com