Terms of Service

Terms of service

  1. OVERVIEW
    • Please review the following terms and conditions ("Terms") that govern your use of this website and purchase of products from (collectively, "Use") this website and any related mobile applications (collectively, our "Site"). The Site is provided by¬†Christmas Markets International¬†("CMI").¬† Throughout the Site, the terms "we", "us" and "our" refer to CMI.
    • By accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.¬† If you do not agree to all the Terms of this Site, then you must not access the Site or use any services.¬† If these Terms are considered an offer, acceptance is expressly limited to these Terms.
    • Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.¬† We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site.¬† It is your responsibility to check this page periodically for changes.¬† Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.¬† Once an order through the Site has been accepted, the Terms that apply to that order are the Terms that applied at the time the order was placed and the Terms which apply to a given order cannot be varied.
    • Our store is hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
  2. ONLINE STORE TERMS
    • By placing an order you are offering to purchase a product on and subject to these Terms.
    • Any product ordered through our Site is subject to availability, and is not accepted until we send you confirmation of your order and we send you an email to confirm that your order has been dispatched.
    • By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or that you have your parent's or guardian‚Äôs permission to use the Site and that your parent or guardian agrees to these Terms.
  3. ACCEPTABLE USE
    • You are responsible for your Use of the Site. Our goal is to create a positive, useful and safe user experience.¬† You may not use our products for any illegal or unauthorized purpose.¬† A breach or violation of any of the Terms will result in an immediate termination of your services.
    • When you Use the Site, you covenant and warrant that:
      • all information and data provided by you to us through our Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
      • the person receiving the Products at the delivery address is authorised by you to do so;
      • you have and will comply with all relevant laws relating to your use of our Site and your placement of any order with us;
      • you are responsible for any costs associated with your access to or use of our Site, including Internet access fees;
      • you will check the labels on the Products before consumption or use and comply with any instructions on consumption or use provided;
      • you will not:
        • violate any law or regulation;
        • violate, infringe or misappropriate other people's intellectual property, privacy, publicity or other legal rights;
        • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
        • submit, send, post, upload or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters or any other form of solicitation;
        • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit or sell to any user without their prior explicit consent;
        • submit any content linking to multilevel marketing schemes, pyramid schemes or off-topic content;
        • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
        • alter or tamper with any contents, information or materials on or associated with the Site;
        • transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
        • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or any other personally identifiable or private information from any user;
        • disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware or servers in any way;
        • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
        • impede or interfere with others' Use of the Site;
        • abuse, defame, threaten, intimidate, stalk, harass or harm another individual;
        • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
        • use any robots, spiders, scrapers or any other automated means to access the Site for any purpose;
        • use any means to scrape or crawl any web pages contained on the Site;
        • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site; or
        • advocate, encourage, or assist any third party in doing any of the foregoing.
  1. COPYRIGHT INFRINGEMENT
    • We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the applicable copyright legal framework for jurisdiction in question, such as the Digital Millennium Copyright Act (DMCA) in the US.¬† If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please contact¬†contact@christmasmarkets.com.au ¬†For claims concerning the U.S.,¬†please see 17 U.S.C. ¬ß512(c)(3) for the requirements of a proper notification.
  2. COUPON CODES AND DISCOUNTS
    • Discount or "coupon" codes are only applicable as advertised on our Site. Only a single discount code can be applied upon checkout.¬† For more details about the validity of these codes, please contact¬†contact@christmasmarkets.com.au.¬†We reserve the right to cancel and refund orders at any time.
    • The special terms associated with our current offers, discounts and applicable products can be found here. We may offer discount codes to be used from time-to-time.¬† No more than one (1) discount code may be used in relation to a single transaction.
  3. SHIPPING AND LIABILITY
    • We provide extensive shipping options to ensure your customer experience can be customised. Free Standard Shipping is a regular service provided by Australia Post with an approximate 2-8 business day transit time.¬† Express Shipping is an express shipping service provided by Australia Post which is far less prone to delays and decreases transit times to approximately 2-4 business days.¬† By default, these services require a signature.
    • By choosing either of these options you authorise CMI to transact with Australia Post on your behalf to ship the product to you. Subject to applicable consumer protection law, you acknowledge that CMI's obligations to you end once we have provided the product to Australia Post for shipping to you. CMI takes no responsibility for any delay, loss, damage or theft arising from the service provided by Australia Post or from your actions on delivery.¬† By selecting either of these Australia Post options, you acknowledge that you shall have no recourse or right to any compensation from CMI in relation to delayed, lost, damaged or stolen products.¬† If your item is delayed, lost, damaged or stolen, you agree to seek relief directly from Australia Post under their terms and conditions of service or to accept personal responsibility if you are not covered thereunder.¬† Covered Shipping is shipping that is guaranteed by CMI ("CoveredShipping").¬† When selecting either the Free Standard Shipping or Express Shipping options you may elect into our Covered Shipping service at the checkout for an additional fee.¬† If you have purchased our Covered Shipping and your product is lost, damaged or stolen in transit, we will arrange for a free replacement order to be sent to you.¬† In providing a free replacement order, CMI in no way accepts responsibility for the actions of Australia Post and merely provides you with an additional service by agreeing to replace your lost, damaged or stolen product at no extra cost to you.¬† We do not take responsibility for any delays caused by Australia Post.¬† Our Covered Shipping does not apply if you change your mind regarding your order.¬† If you change your mind on a product or order you will be required to follow our 30 day returns policy and send the product back to our warehouse.
    • Risk and title in any products ordered by you through the service passes to you on the date and time of delivery of those products to the nominated third-party delivery or shipping company as selected by us from time-to-time.
  4. 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:
      • transmissions over various networks; and
      • 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 Site 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.
  5. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
    • Subject to applicable consumer protection law, 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.
  6. MODIFICATION 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. Strikethrough prices may consider the discount code mentioned in the description.
  7. PRODUCTS AND SERVICES (IF APPLICABLE)
    • Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities, and are subject to return or exchange only according to our Delivery and Returns 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 any time without notice, at our sole discretion.¬† 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.
    • Except where required by applicable law, 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.
  8. 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‚ÄĎmail 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 Delivery and Returns Policy, which forms part of these Terms.
  9. INTELLECTUAL PROPERTY
    • The intellectual property rights in all content that appears on, or in connection with, this Site, including the CMI brand and all other trade marks, trade names and logos made available to you on or through the Site, remain the property of CMI or its licensors, and are protected by intellectual property laws around the world. All such rights are reserved by CMI and its licensors. Nothing that you do on or in relation to our Site (or related content) will transfer any intellectual property rights to you or grant you any licence to exercise any intellectual property rights unless we have expressly authorised this in writing.
    • You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, modify or otherwise reproduce, in any format, any of the content of the Site or copies of the content supplied to you or which appears on our Site or use any such content, marks or trade marks owned by us or third parties without obtaining the relevant owner's consent.
    • Subject to applicable law, we can revoke, suspend or deny the permissions in this Section¬†‚Äé12of the Terms at any time.
  10. OPTIONAL TOOLS
    • We may provide you with access to third-party tools which we do not monitor or have any control or 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 Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
  11. 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. Access to these third party websites is at your own risk. We are not responsible for examining or evaluating the content or accuracy of, 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 respective third-party.
  12. 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:
      • to maintain any comments in confidence;
      • to pay compensation for any comments; or
      • to respond to any comments.
    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trade mark, 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‚ÄĎmail 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.

  1. USER ACCOUNTS AND CONTENT
  • In creating or using an account via our Site ("User Account"), you acknowledge that:
    • All of the information provided by you for this User Account is governed by our Privacy Policy.
    • You do not have ownership over the User Account and agree that we have the absolute right to modify, control and manage the User Account, including the deletion or modification of data on the account.
    • You are not permitted to use any User Account belonging to any other account holder besides yourself.
    • You are required to notify us of any breach of our Site security or access to your User Account by any third party besides you.
    • Your User Account, user history or any other data may be deleted by us.
    • The information provided by you may be used for any purpose in accordance with the Privacy Policy and applicable laws in your jurisdiction.
  • We are permitted to use any publicly available content, including photographs, comments, ideas, video or audio clips, tags or other submissions created by you in connection with your use of this Website (such as content including a purchase made on this Site) ("User Content"). This extends to content available on social media platforms.
  • User Content must comply with all applicable laws. Further, you cannot use, create, generate or release User Content to, or in a way that will:
    • Infringe on any intellectual property rights of any person, promote any illegal activity or violate the legal rights of others;
    • Harass, intimidate, embarrass, annoy, inconvenience or harm another person;
    • Defame or impersonate any person;
    • Imply an endorsement by us or any other person or affiliation with us if this is not true;
    • Deceive any person; or
    • Discriminate against persons or groups on the basis of, or promote material that is discriminatory on the basis of, age, race, sex, religion, nationality, disability or sexual orientation.
  • We maintain the right to refuse to post or repost any User Content at our sole discretion and take any action against User Content at our sole discretion, including if the User Content violates these Terms, or could create liability for CMI.
  • Nothing in this Section 16 limits the obligations or rights in favour of CMI in the surrounding Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
  1. PERSONAL INFORMATION

Our collection of personal information through the Site and store is governed by our Privacy Policy, the terms of which are incorporated into these Terms.  Our Privacy Policy can be viewed here.  By accessing the Site and purchasing products from our store, you expressly acknowledge that the collection of your personal information is governed by the Privacy Policy.

  1. 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.
  2. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    • This Site, all contents, and all products and services made available through the Site are provided on an "as is" basis.
    • Except where limited by applicable consumer protection law, CMI disclaims all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, merchantable quality and fitness for a particular purpose.
    • You expressly agree that your use of, or inability to use, the service is at your sole risk. Subject to applicable consumer protection law, 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.
    • Subject to any rights you have under any applicable consumer protection law or any other laws that cannot be excluded, in no case shall CMI, 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 or corruption 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.
    • Our liability to you for loss or damage of any kind arising out of your use of the service or these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
    • Apart from this sub-Section, this Section¬†19is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.
  3. INDEMNIFICATION

You agree to indemnify, defend and hold harmless CMI and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 or the documents they incorporate by reference, your violation of any law, regulation or the rights of a third-party (including negligent or wrongful conduct) or your use of any information obtained from this Site.

  1. WAIVER AND SEVERABILITY
    • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    • In the event that any provision of these Terms 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. TERMINATION
    • These Terms constitute an agreement that is effective until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
    • CMI may, at its sole discretion, terminate this agreement or your access to the Site, at any time for any reason or no reason, with or without notice. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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).
    • In the event of denial of access by CMI, you are no longer authorized to access the Site. Upon termination of these Terms:
      • you must immediately cease Use of the Site; and
      • you will no longer be authorized to access the Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  1. ENTIRE AGREEMENT
    • These Terms and any policies or operating rules posted by us on this Site or in respect to the service constitute 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).
    • Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
  2. DISPUTE RESOLUTION
    • For residents outside Canada,¬†any¬†dispute, claim or controversy arising out of or relating to¬†federal or state statutory claims or common law claims, these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate such dispute, claim or controversy,¬†will be, to the fullest extent permitted by law, determined by arbitration¬†in accordance with the ACICA Arbitration Rules administered by the Australian Centre for International Commercial Arbitration. The number of arbitrators will be one. The language of the arbitration will be English. The seat and place of the arbitration shall be Adelaide, Australia.
    • For residents located in the Province of Quebec, Canada, any¬†dispute, claim or controversy arising out of or relating to federal or state statutory claims, common law claims, these Terms or the breach, termination, enforcement, interpretation or validity thereof,¬†are exclusively subject to the jurisdiction of the courts located in the City of Montreal.
    • For all other residents of Canada, any¬†dispute, claim or controversy arising out of or relating to federal or state statutory claims and common law claims, these Terms or the breach, termination, enforcement, interpretation or validity thereof,¬†are exclusively subject to the jurisdiction of the courts located in the City of Toronto.
    • THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
    • Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 24 is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Section 24 or invalidate or render unenforceable such term or provision in any other jurisdiction.¬† If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.¬† This arbitration provision shall survive any cancellation or termination of your agreement to cease using our Site or our services.
  3. GOVERNING LAW
    • Except as required by the law of another jurisdiction, these Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Queensland, Australia.
    • Notwithstanding¬†the¬†above, for residents of Canada, these Terms and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with:
      • for residents located in the Province of Quebec, the laws of the Province of Quebec; and
      • for all others, the laws of the Province of Ontario.
    • CONTACT INFORMATION
  1. ENGLISH LANGUAGE
    • To the extent you are using our Site from Canada, the parties to these Terms hereby confirm their express wish that these Terms, as well as all other documents related to them, including, but not limited to, all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms be in the English¬†language¬†only and declare themselves satisfied with this; Les parties aux pr√©sentes Conditions confirment par la pr√©sente leur souhait expr√®s que ces Conditions, ainsi que tous les autres documents s'y rapportant, y compris, mais sans s'y limiter, toutes les confirmations, avis, renonciations, consentements et autres communications entre les parties en relation avec ces Conditions soient en la langue anglaise seulement et se d√©clarent satisfaits de cela.

In addition and to the extent not inconsistent with these Terms and Conditions (which will prevail to that extent of such inconsistency), you agree to our:

These Terms are current at August 2023.