ONLINE TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS AS WELL AS LIMITATIONS THAT MAY APPLY TO YOU AS A CUSTOMER OF CHRISTMAS WORLD.
a. "Christmas World" trading as Christmas World ABN 146 336 512
b. "Product(s) means Christmas World product(s) sold under the trademark " Christmas World" listed as shopping items on this website and forming the subject matter of this contract as identified by the Customer in the order form.
c. "Customer" means a person who orders goods via this site
d. "Contract" means a contract containing these terms and conditions agreed upon between Christmas World and the customer for sale by Christmas World and purchase by the customer of the products.
2. SALE AND PURCHASE:
Christmas World shall sell the Customer shall purchase the Products in compliance with the Contract.
3. ORDER/FORMATION OF CONTRACT:
a. All orders of the Products placed by the Customer shall be subject to acceptance by Christmas World.
b. These terms and conditions shall become the Contract when notice of acceptance by Christmas World of an order by the Customer is sent to the Customer. Acceptance is at the discretion of Christmas World.
c. Christmas World will only accept orders for delivery of the Products to the street address of the Customer in Australia from the Customer who is a resident of Australia and has attained the age of 18 years.
d. Christmas World reserves the right to limit quantities of the Products purchased in any order.
e. Christmas World will only accept orders for delivery of the Products to the street address of the Customer in Australia from the Customer who is a resident of Australia and has attained the age of 18 years.
f. Christmas World reserves the right to limit quantities of the Products purchased in any order.
4. PRICE AND PAYMENT:
a. Pricing of the Products shall be as stipulated in the site’s price lists available from time to time at the date of placement of orders by the Customer.
b. Prices include all Australia Taxes, which may be imposed under legislation on the transaction under the Contract.
c. The Customer will be responsible for payment of all transport charges in association with the purchases on this site.
d. The Customer shall pay for the products by way of payment by;
i. Credit card - the Customer shall input his or her valid credit card details when the Customer orders the Products. Christmas World will verify the validity of the credit card with its issuer and may then send the notice of acceptance as stated in subsection (2) of Section 3 if the credit card is acceptable. The Customer will be charged when the notice of acceptance is sent to the Customer.
e. All valued customer prices listed on this website are valid for online purchase only and will not be applied instore.
f. Christmas World maintains the right to amend, exchange and remove prices and products from the website.
g. Prices in store might differ from online prices
a. Christmas World shall endeavour to arrange to deliver the products to the delivery point in Australia by the Customer on the order form. Christmas World will use its discretion in selecting a reputable carrier and appropriate means of shipment.
b. Any dates quoted by Christmas World for delivery of the products are estimates only and shall not form part of the Contract. In no event shall Christmas World be liable for increase cost, loss of profits or goodwill or another other special, incidental, direct or indirect or consequential damages due to late delivery or non- delivery of the Products.
c. Important: Customers must notify us within 2 business days of delivery of any damages to packaging or items damaged in transit.
Inclusive of, but not limited to: visible damage to the box, torn tapes and wet packaging
Unless the Customer notifies Christmas World to the contrary by written email within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be deemed to have been accepted by the Customer as being in good working condition and in accordance with the Contract.
7. TITLE, RISK OF LOSS OR DAMAGES
Title and risk of loss or damage to the products shall pass to the Customer on the physical delivery of the products to the address identified by the Customer in the order.
8. LIMITATION OF LIABILITY:
a. IN NO EVENT SHALL CHRISTMAS WORLD BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE. SAVE THAT NOTHING HERE IN SHALL LIMIT CHRISTMAS WORLD ASPECTS’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE; CHRISTMAS WORLD ASPECTS SHALL NOT HAVE ANY LIABILITY TO YOU FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
b. To the fullest extent permitted by law, Christmas World’s liability for breach of any implied condition which cannot be excluded is limited at the option of the Christmas Worlds aspects TO THE FOLLOWING:
i) The replacement of the goods or the supply of equivalent goods;
ii) The repair of such goods; or
iii) The payment of the cost of replacing the goods or of acquiring equivalent goods.
Christmas World may update, or discontinue any of the products and/or revise prices for Products listed as available items on this website at anytime. Therefore, the Customer agrees that changes between the shipped Products and the products described in marketing materials (advertisements, catalogues etc) may occur. All orders are accepted on these terms which superseded any other terms relating to the sale of the Products appearing on the Christmas Worlds website, or elsewhere and shall override any other terms referred by the Customer or in any course of dealing.
The Customer agrees and warrants that the purpose of purchasing the products is for the Customer’s own internal use only, and not for resale. Christmas World shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or, on reasonable grounds, suspects that the Customer will breech this warranty.
11. FORSE MAJEURE
Christmas World shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures or any causes beyond reasonable control Quantities are subject to availability. In the event of shortage, Christmas World may allocate sales and deliveries in its sole discretion.
12. GOVERNING LAWS
The Contract shall be governed by and construed under the laws of New South Wales, Australia. The parties hereto submit to the non - exclusive jurisdiction of the courts of New South Wales, Australia, being the place where the Customers order has been received and/or entered.
- Our warranty is 12 Months from the date of purchase.
- Proof of purchase must be provided with the product for a refund or exchange.
- Contact us on 1300 00 9627 or email your queries on firstname.lastname@example.org for any further information.
- We would firstly like to apologize to our customers for the unfortunate changes we have had to make because of the current environment. Your safety and the safety of our staff is important to all us. In order to minimize risks ....
We ask our customers to please choose all purchases carefully as we will no longer be accepting exchanges for change of mind purchases this season on any of our products.
- We do not do refunds in case of change of mind.
Website Terms and Conditions
- All material on the site is protected by copyright unless otherwise specifically noted and may not be used except as permitted in these Terms and Conditions or in the text on the site.
- Your use of this site is at your risk. Christmas World takes no warranties or representations as to its accuracy and, to the extent permitted by law any other party specifically disclaims any liability or responsibility for any error or omission in the content on the site. Neither Christmas World nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use or access, the site whether due to a breach of contract, breach of warranty, negligence or otherwise. To the fullest extent permitted by law, Christmas World’s liability for breach of implied warranties, conditions or undertaking which cannot be excluded is limited at Christmas World’s option to: in the case of goods:
- Products described or depicted on the site that are available for purchase through the site, including without limitation, prices of Products displayed on the site and delivery or other charges are subject to change at any time without notice.
- Christmas World assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video or audio from the site. Christmas World also assumes no responsibility and makes no warranty or representation in relation to and shall not be liable for any interruptions or errors in access to the site or the accuracy, timeliness, completeness, security or reliability of any communication (including, without limitation, any transactions) made through or in relation to the site.
- If you send any communications or materials to the site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Christmas World or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.
- Materials displayed on the site are either the property of, or used with permission by Christmas World. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the site Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity and civil and criminal statutes.
- Christmas World is not responsible for the content of any site linked to or from the site. Your linking to any other site is entirely at your own risk. While Christmas World may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner of the site or the content of the site To the extent permitted by law, Christmas World disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
- Any order placed by you on the site is an offer to you to purchase the particular product specified. Christmas World reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the site, or the unavailability of the Product. The Contract to purchase the particular Product or service only comes into existence in accordance with the terms and Condition of Sale of that Product.
- Christmas World may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, Christmas World recommends that you visit this page periodically.