ChristmasWarehouse.com.au – Sales Terms & Conditions

Shopping on the internet is quick and easy and it is our intention to make your entire shopping experience with us as pleasurable as possible.

In the same way that your favourite retail store has specified sales terms and conditions, so too does The Christmas Warehouse.

We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and The Christmas Warehouse when you purchase goods from us. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that you acknowledge that your purchase from us is subject to these terms and conditions. We have attempted to keep the text in simple to understand language. If any part is confusing or not clear, please contact us.

Please note that from time to time, these terms and conditions may change. We therefore recommend that you review these terms and conditions on a regular basis to identify any changes that may affect you.

Last Updated: 10 November 2009

VIP CLUB - TERMS AND CONDITIONS

The Christmas Warehouse VIP Club is at all times governed by the terms and conditions as set out below. Please check these terms and conditions regularly as they may change from time to time.

1. VIP Club Membership

• VIP club membership is issued by The Christmas Warehouse (ABN 81 055 737 098).

• By joining The Christmas Warehouse VIP Club members agree to be bound by these terms and conditions.

• These terms and conditions as well as VIP member benefits may change from time to time and are subject to change by The Christmas Warehouse at its absolute discretion without prior notice. The Christmas Warehouse is not liable to any cardholder for any injury, loss or damage in these circumstances.

• A copy of the current VIP terms and conditions are available at www.ChristmasWarehouse.com.au

• These terms and conditions are binding on all members of the VIP Club regardless of the date on which the member joins or the manner in which they join the VIP Club.

• These terms constitute the entire agreement between the VIP club member and The Christmas Warehouse and cannot be waived or varied without approval in writing from The Christmas Warehouse.

• VIP Club membership may be terminated or suspended by the Christmas Warehouse at its absolute discretion at any time and without notice or giving reasons for its decision.

• Members who join the Christmas Warehouse VIP Club agree to join the Christmas Warehouse marketing program and receive ongoing mail and electronic mail from the Christmas Warehouse and its associated entities. This may include newsletters, catalogues, special promotions, email messages, sms messages etc.

• VIP club members do have the option to unsubscribe to the Christmas Warehouse Marketing program. When a member unsubscribes, membership to the Christmas Warehouse VIP Club will be terminated and all member benefits will cease. To reclaim these benefits, members will need to rejoin the club.

• Christmas Warehouse VIP Club members will also receive an invitation from Warner Village Theme Parks to join MyFun.com.au for ongoing theme park and accommodation discounts. Members can unsubscribe to these newsletters as desired.

• All VIP club member discounts must be claimed at the time of purchase whether in store or online. No discounts will be back dated.

• VIP Club discount cannot be used in conjunction with any other special offer that may apply at the time.

• All in store discounts are subject to stock availability. No rain checks will apply.

• Any benefits associated with The Christmas Warehouse VIP Card are not redeemable for cash. The Christmas Warehouse may also substitute benefits for equivalent value.

• The Christmas Warehouse shall not be liable in any way if member benefits are unavailable for any reason.

• All special offers made by affiliate partners of The Christmas Warehouse to VIP Club members are made directly by such affiliate partners to VIP Club members independent of The Christmas Warehouse and can be withdrawn or changed by the affiliate partner without notice.

• Christmas Warehouse employees and related family members are eligible to join the VIP Club. Certain member benefits and eligibility to competitions may however be restricted.

• The Christmas Warehouse is not responsible for stolen or lost cards that are used fraudulently.

• The Christmas Warehouse VIP Card is not a debit, credit or charge card.

• VIP Cards remain the property of The Christmas Warehouse at all times and must be returned to the Christmas Warehouse on the request of the Christmas Warehouse.

• The Christmas Warehouse is not liable in any way whatsoever for any injury or loss (including any indirect or consequential loss) of any kind to person or property suffered by any VIP member whether by reason of any act or omission, deliberate or negligent, of The Christmas Warehouse in connection with the VIP Club, including injury or loss incurred whilst participating in any activity of the VIP Club or The Christmas Warehouse or in any activity in which Cardholders are invited to participate. This condition is subject to any liability which may not be lawfully excluded, in which case such liability will be limited to the fullest extent permitted by law.

• Member benefits are not transferrable.

2. 10% VIP Club in store discount in any Christmas Warehouse store across Australia

• For all new VIP Club members, the 10% VIP in store discount is activated 30 days after new members join the VIP Club.

• VIP club members are eligible to receive a 10% discount off the total value of their purchase at the checkout of any Christmas Warehouse store across Australia.

• The 10% discount is calculated as a reduction off the selling price of the goods in store at the time of purchase.

• This discount cannot be used in conjunction with any other special offer that may apply at the time.

• The discount must be claimed at the time of purchase. No discounts will be back dated.

• To claim the VIP discount, members can present their Christmas Warehouse VIP Club cards to checkout staff when they make a purchase.

• Club members can print their VIP cards from our website www.ChristmasWarehouse.com.au after logging into their online VIP account.

• If members do not have their card available when making an in store purchase, they can still receive the in store discount by providing Christmas Warehouse staff with photo id. Staff will use this id to verify the member’s VIP details.

3. 10% VIP Club online discount on our website www.ChristmasWarehouse.com.au

• For all new VIP Club members, the 10% VIP Club online discount on our website www.ChristmasWarehouse.com.au is activated 30 days after new members join the VIP Club.

• VIP club members are eligible to receive a 10% discount off the total value of their online purchases (excluding freight) on our website www.ChristmasWarehouse.com.au.

• The 10% discount is calculated as a reduction off the selling price of the goods online at the time of purchase.

• This VIP discount cannot be used in conjunction with any other special offer that may apply at the time.

• The discount must be claimed at the time of purchase. No discounts will be back dated.

• To claim the VIP discount, members must successfully login to their VIP member accounts prior to making their purchase.

Goods and services tax (GST)

Goods and services tax is applicable on all our products. As you will note from our site, in our Megastores and in our catalogues, all prices include GST. The current rate of GST is 10%. This rate may change in the future and will be based on Australian legislation. The prices indicated for products exclude freight and handling.

Pricing

We will at all times use our best endeavours to ensure that the prices on our website are accurate at any point in time. The prices that are displayed on our website and in our company at any point in time are only current at that particular point in time and we reserve the right to alter our prices at anytime without any notice being provided to you. This may occur for example when products are on sale or when prices may change for various reasons. When price changes do occur, they will be automatically updated on the website. At all times however, we can assure you it is our sincere intention to offer you the lowest price in Australia for the same product.

International customers

We greatly welcome all orders from outside Australia however, currently our website does not provide for transactions outside Australia due to issues relating to GST and freight charges. If you are ordering from outside Australia, please e-mail your order to us and we will process your transaction in an alternative way. All overseas customers must also be aware that all orders are supplied ex warehouse (Sydney) and all freight, duties and taxes levied in your respective countries will need to be paid by you. For any goods ordered from our site to a delivery address outside Australia, the Australian GST will not apply.

Title

Title for goods ordered on our site will pass to you when we receive payment in full for your order.

Delivery time from placement of order

Please allow for up to 7 to 10 days for delivery of your product to you from the date you have placed your order with us. If after 10 days, your order still remains undelivered; please contact us by e-mail and our customer service representatives will liaise with you in relation to the delay in your delivery.

Freight and Handling

The prices indicated for products on our web site exclude freight and handling.

All orders are supplied ex our Warehouse in Sydney and all orders placed on our website will be subject to an additional freight and handling charge. The purpose of this extra charge is to cover the cost of all labour, packaging and delivery of your order to you. The majority of our orders are sent by independent couriers.

To keep freight simple to all destinations around Australia, we have applied a standard formula to calculate the freight charges on a particular order. The formula we have used is the based on the greater of $18.00 (Inc GST) or 5% of the total product value of your order including GST. For example if the total product value of your order is $400, you will incur an automatic freight charge of $20.00 ($400 x 5%).

On occasion, if you order goods that are very bulky or the goods are being delivered to a remote destination (ex Sydney), we will contact you, on receipt of your order, by phone or email and will advise you of any additional freight charges that may apply.

Delivery procedure

After you have purchased your desired goods from us, our warehouse will consolidate and pack your order in industrial strength packaging ready for delivery to you.

Your order is delivered to you by an independent courier company. We have conducted business with these companies over many years as have many companies throughout Australia, and we are confident that this method of delivery of your order is the most safe, efficient and economical method of transporting your goods to you. The courier companies that we use pride themselves on a very high level of service and performance.

Your order will have a consignment note accompanying it when it is delivered to you and the delivery driver will ask you to sign this consignment note when the goods are delivered to you. It is essential that you carefully read the consignment note. Only sign the consignment note if the cartons of the goods delivered have not been damaged in any way and only if the total quantity of the cartons on the consignment note have been delivered. If any of these instances occur you must write down the problems on the consignment note (e.g. 4 cartons on the consignment note - but only 2 cartons delivered) and request the delivery driver acknowledge this by printing his/her name on the consignment note. In addition, please e-mail us as soon as possible advising us of the details. If you do not follow this procedure and sign the consignment note without making these notes, you are acknowledging that the entire delivery is correct and in perfect condition.

We highly recommend that you choose a delivery address where during the main course of the day, someone is present to accept your delivery. Your workplace is the ideal delivery point. The courier companies cannot guarantee a delivery date or time due to the volume of their deliveries however the majority of deliveries are between 9:00am and 5:00pm.

If no one is present to accept the delivery, the delivery driver will leave a delivery card in your mail box or under you door, noting that they have attempted to deliver the goods to you. This delivery card will have all the contact details for the delivery company and you will need to contact the delivery company to arrange a suitable time for a second delivery to you within 48 hours.

Incorrect goods supplied by us to you

We will use our best endeavours to supply you with the product you have ordered from us. On occasion however, we may accidentally supply you with an incorrect product that you have not ordered. If this occurs, we will supply you with the correct product ordered by you once the incorrect product has been returned to us in accordance with the returns guidelines set out below. If the product you have ordered is no longer available, please refer to the section refunds and credit notes (see below).

Products damaged in transit to you

All orders from us on our site will be delivered by independent courier companies. These couriers will use their best endeavours to supply you with the product you have ordered from us in the condition that the goods were dispatched from our warehouse. On occasion however, goods are damaged in transit to you. If this occurs, you will need to contact us immediately by e-mail. We will supply you with a replacement product ordered by you once the damaged product has been returned to us in accordance with the returns guidelines set out below. If the product you have ordered is no longer available, please refer to the section refunds and credit notes (see below).

Products lost in transit to you

All orders from us on our site will be delivered by independent courier companies. These couriers will use their best endeavours to supply you with the product you have ordered from us. On occasion however, goods are lost by the courier in transit to you. If after 7 days from your purchase date your order has not been delivered, you will need to contact us immediately by e-mail. We will immediately thereafter commence an "official consignment note trace" with the courier company concerned. If after 10 days from the date of your notification to us the goods cannot be located, we will supply you with a replacement product ordered by you. If the product you have ordered is no longer available, please refer to the section refunds and credit notes (see below).

Faulty products

Our company takes pride in offering to our customers products that are quality products. We will use our best endeavours to supply you with the product you have ordered from us in good condition. On occasion however, goods that are sealed within cartons are faulty as a result of manufacturing defect from our supplier. If this occurs, you will need to contact us immediately by e-mail. We will supply you with a replacement product ordered by you once the faulty product has been returned to us in accordance with the returns guidelines set out below. If the product you have ordered is no longer available, please refer to the section refunds and credit notes (see below).

Availability of product

All products on are website are supplied subject to availability. We will use our best endeavours to supply you with the product you have ordered from us. On occasion however, goods that are displayed on our website and purchased by you may not be available. In most cases, this is as a result of timing differences between the time you finalise your order and the dispatch of the order from our warehouse. This may also be as a result of the short supply or unavailability of the product you have ordered being available from our suppliers. If this occurs, we will contact you and offer you a part dispatch for the balance of your order that is available or issue you with a refund or credit note for that part of the order that cannot be supplied. (See refunds and credit notes below).

Returns

We respect your choice to shop with The Christmas Warehouse and if for any reason you are not happy with your purchase and wish to return it to us, you can do so within 7 days from purchase date, and as long as the product is in its original condition (including packaging) and returned to our warehouse (within 7 days of an official return authorisation number being provided to you) the product will either be replaced, your money refunded or a credit note will be issued. The cost of freight for the returned product will be your responsibility.

We will only accept returns that have been authorised by our company in advance and are accompanied by your original transaction receipt.

In the event of wrong product supplied by us to you, product damaged in transit to you, you must contact us within 48 hours of your delivery time that you wish to return a product you have purchased.

In the event of faulty products you must contact us within 14 days of your delivery date. It is essential that as soon as you become aware that a product is faulty that you cease using it immediately and contact us.

In the event of a product being damaged in transit to you, you must contact us within 48 hours of your delivery date that you wish to return a product you have purchased.

The authorisation required for a return will be an official Christmas Warehouse authorisation number. This number can be obtained by contacting us by e-mail. When you contact us, we will provide you with the official authorisation number and the appropriate delivery return address. The cost of the freight associated with the return will be your responsibility. We will not accept any returns to any delivery address other than the delivery address specified by us. This will be advised when you contact us. We will not accept any returns through our showroom shop or through any of our Megastores.

It is essential that all goods returned to us as an authorised return are in exactly the same brand new condition that they were sent to you. This includes the original packaging of the product.

Refunds and Credit Notes

In the event of a faulty product, you will need to return the product according to the guidelines set out above (see returns) before a refund or credit note can be issued.

In the event of incorrect goods supplied by us to you and goods are returned in accordance with the returns guidelines set out above and the correct goods that you ordered are no longer available, we will issue you with a credit note or refund.

In the event of products damaged in transit to you and goods are returned in accordance with the returns guidelines set out above and replacement goods that you ordered are no longer available, we will issue you with a credit note or refund.

In the event of products being lost in transit and we have received official confirmation from the courier company concerned that the goods have been lost in transit to you and replacement goods that you ordered are no longer available, we will issue you with a credit note or refund.

In the event of products not being available for supply to you after your order has been placed with us we will issue you with a credit note or refund for either part of the order or for the entire order (see above).

All refunds will be made by official company cheque in favour of the person or entity on the original transaction and will be mailed by Australia Post.

Use of Goods

It is essential that all products purchased from us are only used in the manner that they are intended to be used. It is essential that the products purchased from us are not modified in any way whatsoever from the condition they were supplied in. We accept no responsibility whatsoever if products are modified in any manner from the condition that they were supplied. If you are at any time unsure about a products intended use, it is essential that you contact us by e-mail immediately for advice in this regard.

On our site, you will note that all products have specified graphic icons associated with them. An extremely important icon is whether the product is suitable for indoor and/or outdoor use. It is essential that products that do not have an outdoor icon associated with them are not used outdoors but are only used indoors. The reason for this is that they are not suitable for outdoor use by virtue of their composition or electrical components.

With power to outdoor products and installations, we advise taking precautions at your power source in case of adverse weather conditions and checking with your local qualified electrician about safety and power aspects prior to installation of the products.

Please take extra care with heavy and large products, electrical installations and general child safety precautions as you normally would with items of a similar nature.

Use of graphics on our website

At all times we will try to ensure that the graphics on our website are as accurate and as close to the actual products as possible. Computer colours and the large range of computer monitors available make the matching process a lot more difficult so on our website it is important to note that visual dimensions of products are used for graphic purposes only. In all cases, it essential that you use the actual written dimensions of each product when this is applicable.

Communication from The Christmas Warehouse

As a condition of purchase from The Christmas Warehouse we reserve the right to email you our newsletters and information that we may consider may be of interest to you. We respect your right not to receive this information and if you advise us that you do not wish to receive this information we will disable that functionality for your account. All our newsletters and communications of a similar nature will have a clear link to unsubscribe.

Copyright

This entire website and all aspects associated or included in it are subject to worldwide copyright and this copyright is owned by The Christmas Warehouse. You will note that this copyright appears on each web page on the site and all rights are reserved. This site, its artwork, graphics, text, data, computer files, "look and feel" of the site and all its contents may not for either personal and commercial use be used, modified, reproduced, adapted, printed, copied, displayed, sold, used or reused without prior written consent from the management of The Christmas Warehouse other than in the normal intended use of the site as intended by The Christmas Warehouse management. Normal use of the contents on our site include the download of the site to the temporary cache memory of your computer, the print out of the "printable version" of a product specific page, the "recommend this product to a friend" feature and the "recommend this site" feature. No part of this site may be used in a public forum or in a forum consisting of more than 2 individuals without the prior written consent of The Christmas Warehouse management.

Limitation of Liability

In no event shall The Christmas Warehouse be liable for any indirect, special, incidental or consequential damages or loss including but not limited to loss of income, loss of use, loss of data, loss of business or profits howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. To the extent permitted by law, The Christmas Warehouse does not accept any liability for any damage or injury caused by the use or misuse of products purchased from The Christmas Warehouse. To the extent that The Christmas Warehouse may be liable for a breach of a condition of The Trade Practices Act 1974 (other than a condition or warranty implied by section 69 of the Act), the maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

Authority to purchase from The Christmas Warehouse

By accepting our sales terms and conditions, you are acknowledging that you have the authority to enter into a commercial transaction with the Christmas Warehouse. If you are under 18 years of age, you cannot enter into a transaction with The Christmas Warehouse. Instead, you should seek the assistance of you parents or guardians. Commercial employees, purchasing on behalf of their company or business must have the appropriate company authority to enter into a transaction on the company’s behalf.

Force Majeure

The Christmas Warehouse shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of The Christmas Warehouse, and The Christmas Warehouse shall be entitled to a reasonable extension of time for the performance of such obligations.

Company Details

Our company name is Retail Marketing Systems Pty Ltd trading as The Christmas Warehouse. Our ABN is 81 055 737 098.

Applicable Law

Any transactions on this site and all legal aspects associated with this site will fall under the jurisdiction of the laws of New South Wales, Australia.