Terms & Conditions

 

These Terms and Conditions (Terms) govern the use of www.thelittlechristmasco.com and www.thelittlechristmasco.com.au (the Website) operated by The Little Christmas Co (TLCC).

Access and use of the Website by all visitors, users and others is conditional upon your acceptance of these Terms.

 

Purchases

If you wish to purchase any product or service made available through the Website (Purchase), you may be asked to supply certain information relevant to your Purchase.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true and correct.

By submitting such information, you grant TLCC the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

Products & Services

Anyone who purchases a product or service from TLCC agrees to the terms of our Returns & Refund Policy and Delivery Policy set out below:

 

Returns & Refund Policy

TLCC does not accept any returns or offer any refunds in relation to its products or services except, at its absolute discretion, in the following circumstances:

  1. where you notify us of your dissatisfaction within 2 days of receipt of your product and/or completion of the service; and
  2. the product has been damaged by us rendering it unusable or substantially different from the product promoted by us.

Returns or refunds sought will be considered on a case by case basis, but TLCC reserves its rights at all times to rely on this policy to refuse a return or refund.

Please note we will not consider returns or refunds where you have failed to heed the care instructions on our website.

 

Delivery & Collection Policy

 TLCC offer delivery of our products to certain areas for the fees and at the times set out on our website.

TLCC cannot commit to an exact day/time to deliver your products. We will liaise with you via the contact details you provide to give you our best estimate of delivery timeframe.

If we undertake delivery to your home and cannot complete the delivery because you are not home and there is nowhere safe to leave your tree unattended, then we may decide, at our absolute discretion, not to complete the delivery. If this occurs we will not provide a refund of your delivery fee and re-delivery will be at our discretion if we have the resources and will be at your additional cost.

If you are not home and we leave the tree unattended, we will not be liable for any consequences of doing so.

We also cannot guarantee a particular date/time for disposal of your Christmas tree.

If we arrive at your property to dispose of your tree and no one is home and we cannot easily access or locate the tree then we will not dispose of your tree and you will not be entitled to a refund of your disposal fee. We will not be liable to return and collect your tree at a later time, and will only do so if we have the resources and it will be at your additional cost.

 

Availability, Errors and Inaccuracies

We are constantly updating the offerings on our Website. The products or services available on our Website may be different from the photographs, mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information that appears on our Website at any time, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Competitions and Promotions

Any competitions or other promotions (collectively, Competitions) made available through the Website may be governed by rules that are separate or additional to these Terms and any applicable laws. If you participate in any Competitions, please review the applicable rules made available through our Website.

 

Accounts

When you create an account with TLCC, you must provide TLCC information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify TLCC immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation.

 

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of TLCC and its licensors. The Website is protected by copyright, trademark, and other relevant intellectual property laws, and may not be used without the prior written consent of TLCC.

 

Links To Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by TLCC.

TLCC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TLCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

 

Limitation Of Liability

In no event shall TLCC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Website and any purchases made via the Website is at your sole risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

TLCC do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

Amendments

We reserve the right, at our sole discretion, to amend these Terms at any time (including by adding or removing Terms altogether) and the onus is on you to familiarise yourself with these Terms any time you use our Website.

If you continue to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

 

Contact Us

If you have any questions about these Terms, please contact TLCC. Contact details are on the Website.

 

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