Terms of Service – Shop

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Overview

This website is operated by Unreal Christmas Trees. Throughout the site, the terms “we”, “us” and “our” refer to Unreal Christmas Trees. Unreal Christmas Trees offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site 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”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Section 1 – Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 – Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 – Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Section 5 – Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Section 6 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Section 8 – Third party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Section 8 – User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 10 – Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

Section 11 – Errors, inaccuracies and omissions

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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

Section 12 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Section 13 – Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Unreal Christmas Trees, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Unreal Christmas Trees and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Section 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

Section 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 4/20-26 Sabre Drive, Melbourne, VIC, 3207, Australia.

 

Section 19 – Changed to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Section 20 – Returns & refunds.

Currently, we handle returns and exchanges on a case by case basis and must be within 48 hours of recieving your items. Please contact us through our website and/or phone line for any returns and refunds request.

 

Section 21 – Contact information

Questions about the Terms of Service should be sent to us at info@unrealchristmastrees.com.au

Terms & Conditions of Hire

1. DEFINITIONS

“ACL” means The Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth). “Consequential Loss” means all indirect, special and other losses that result from an act or omission of a party including, economic loss, loss of profit, loss of sales, loss of business, loss of opportunity, loss of goodwill or reputation, legal costs or expenses, loss of data or information and includes any penalty, charge or other impost imposed by a government agency. “Customer” means the recipient of any Hire Goods supplied by UCT as specified in the Order Form. “Delivery” means the point in time that the Customer is deemed to have taken possession of any Hire Goods howsoever supplied by UCT to the Customer, being earlier of the point in time that: (a) the Hire Goods are released or dispatched by UCT to the Customer; or (b) the Hire Goods are removed by the Customer from UCT’s premises. “Delivery Date” means the date specified in Order Form. “Delivery & Installation Costs” means the delivery and installation costs specified in the Order Form. “Hire Fees” means the amount specified in the Order Form as being the amount payable in connection with the hire of the Hire Goods. “Hire Goods” means any goods, products or equipment hired by UCT to the Customer as specified in the Order Form. “Hire Period” means the period during which the Hire Goods are to be hired by UCT to the Customer as specified in the Order Form. “Invoice” means an invoice rendered to the Customer by UCT having regard to the Payment Terms. “Order” means an order for the hire of the Hire Goods submitted by the Customer to UCT as constituted by the Order Form. “Order Form” means UCT’s document (whether electronic or in hard copy) by which the Customer orders the supply of the Hire Goods, submitted to and accepted by, UCT. “Payment Terms” means the payment terms specified in clause 3.2. “Personnel” means officers, directors, employees, agents, contractors and subcontractors. “Site” means any location, workplace or other site where the Hire Goods are to be (or are) erected or installed and/or any other location where UCT is delivering the Hire Goods. “UCT” means Gift Givers Pty Ltd ACN 005 212 055 trading as Unreal Christmas Trees and its related bodies corporate and Personnel.

2. SUPPLY OF HIRE GOODS

2.1 The Customer agrees to hire from UCT, and UCT agrees to supply, the Hire Goods for the Hire Fees in accordance with these terms and conditions. 2.2 The Customer is deemed to have accepted these terms and conditions upon the earlier of the acceptance or placement of an Order via a completed Order Form, or the provision of any Hire Goods. 2.3 Property and ownership, both legal and beneficial, in the Hire Goods at all times remains with UCT notwithstanding Delivery of the Hire Goods by UCT to the Customer.

3. ORDERS

3.1 UCT will not process an Order until it has received a deposit for the Order in accordance with clause 3.2 3.2 Payment of 15% of the Hire Fees and any Delivery & Installation Costs, must be paid on the date of acceptance of an Order Form by way of a non-refundable deposit to secure the hire, with the balance of the Hire Fees and any Delivery & Installation Costs being paid by the Customer to UCT within 14 days of the date of acceptance of an Order Form. 3.3 UCT may choose to accept, vary or reject an Order at any time.

4. DELIVERY & INSTALLATION COSTS

4.1 The Delivery & Installation Costs for delivery to the Site and installation of the Hire Goods will be determined by UCT on a case by case basis.

5 PAYMENT

5.1 Payments to UCT must be made by EFT or cheque (unless otherwise directed by UCT) and in accordance with the Payment Terms.

6. DELIVERY OF HIRE GOODS

6.1 UCT will use best endeavours to deliver the Hire Goods on the Delivery Date which shall be a date that is not less than 14 days after the date of acceptance of an Order Form. Subject to clause 8.1 and to the full extent permitted by law, UCT will not be liable in any circumstance for any loss (whether direct or Consequential Loss), expense, damage, liability or claim whatsoever and howsoever arising, suffered by the Customer as a consequence of, or in connection with, the supply of the Hire Goods, whether the supply is late, defective, incorrect or otherwise. 6.2 The Customer is solely responsible for: (a) obtaining any approvals, consents or permits in accordance with the requirements of any authority; and (b) ensuring that the Site is safe, clear, accessible and ready for the Hire Goods to be installed. 6.3 Electric LED Lights are high-quality sealed units of low wattage and low voltage and do not require tagging (only electric plugs will be tested and tagged). The Customer must treat with due care all electrical equipment and ensure electrical plugs are dry before inserting into any socket. 6.4 All risk in the Hire Goods shall pass to the Customer upon Delivery to the Customer or to the Site specified by the Customer. 6.5 The Customer grants UCT the right to access the Site at any time to inspect the Hire Goods and perform its obligations and exercise its rights under these terms and conditions.

7. RETURN OF HIRE GOODS

7.1 The Hire Goods must be returned to UCT at the end of the Hire Period (or on termination of these terms and conditions if earlier) in a clean, complete and undamaged condition, free from any damage or debris (fair wear and tear excepted). 7.2 Unless otherwise agreed between the parties, UCT is to collect the Hire Gods from the Site on the date agreed in the Order Form. The Customer must ensure UCT has unrestricted access to the Site for the purpose of removing the Hire Goods. 7.3 The Customer acknowledges that UCT will take reasonable care when dismantling and removing the Hire Goods but will otherwise have no obligation to “make good” the Site after removing the Hire Goods and will not be responsible for any loss, damage or claims arising out of or in connection with the dismantling or removal of the Hire Goods. 7.4 UCT may, in its sole discretion, invoice additional charges incurred in connection with the cleaning, repairing and / or collection of the Hire Goods returnable to UCT, or refuse to accept the return of any Hire Goods that does not meet the requirements set out in clause 7.1. The Customer shall be responsible for paying the cost of replacing any lost, stolen or damaged Hire Goods at full retail value.

8. LIABILITY AND INDENMNITY

8.1 Subject to any non-excludable statutory liability, the Customer hereby agrees that the guarantees, conditions, and warranties implied by the ACL are hereby expressly excluded. 8.2 Subject to clause 8.1, the Customer agrees that UCT, to the maximum extent permitted by law, accepts no liability or responsibility whatsoever and howsoever arising and will not be liable in any circumstance for any claim, loss (whether direct, indirect or Consequential Loss), expense or damage whatsoever, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, suffered by the Customer as a consequence of, or in connection with, the Hire Goods or these terms and conditions and the Customer forever discharges UCT from all such responsibilities and liabilities. 8.3 Subject to any non-excludable statutory liability, the liability of UCT for a breach of a guarantee, warranty or condition implied by the ACL shall be limited at UCT’s option to: replace the Hire Goods or supply equivalent Hire Goods; repair the Hire Goods; or pay the costs of having the Hire Goods replaced or resupplied. 8.4 Subject to any non-excludable statutory liability the Customer agrees to indemnify and hold harmless, and keep indemnified and held harmless, UCT from and against all loss, claim, damage, action, cost, expense or liability suffered or incurred by UCT arising out of or in connection with: (a) a breach by the Customer of any of its obligations, or a breach of any applicable laws or regulations; and (b) a negligent, wilful, reckless, fraudulent or otherwise wrongful act or omission of the Customer or its Personnel except to the extent that the loss, claim, damage, action, cost, expense or liability is caused or contributed to by the wrongful or negligent act or omission of UCT.

9. GENERAL

9.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria. 9.2 If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.