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Terms and Conditions

TERMS & CONDITIONS

WEBSITE USE TERMS AND CONDITIONS

The Darling Tree

Welcome to our website. This website with URL address https://www.thedarlingtree.com is owned and operated by The Darling Tree (55 918 904 826). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Darling Tree’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘The Darling Tree’ or ‘us’ or ‘our’ or ‘we’ refers to The Darling Tree, the owner of the website, whose registered office is 55 918 904 826, Queensland. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.
  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: Name, Email and Address.
  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  16. All prices are in Australian Dollars (AUD) and currently do not include GST. We endeavour to ensure that our price list is current.
  17. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  18. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
  19. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  20. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  21. Packaging and postage is an additional charge, calculated at time of purchase. Unless advertised as free shipping in the description.
  22. When you order from us, we require you to provide your name, address for delivery, your email address, and process payment accordingly. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  23. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
  24. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment.
  25. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
  26. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
  27. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
  28. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
  29. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  30. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
  31. The copyright to all content on this website and our flagship website www.thedarlingtree.com including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  32. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  33. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  34. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
  35. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  36. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.