By using the Melbourne Christmas Trees (“MCT”) website located at www.melbournechristmastrees.com (Website) or purchasing a MCT Product (“MCT Product”) you agree to comply with these terms (Terms of Use). MCT (we, our or us) may change these Terms of Use at our discretion and without notice. By continuing to use this Website you accept, and agree to abide by, those amended Terms of Use. These Terms of Use are binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Material: The purpose of this Website is to provide you with a platform where you can order a MCT Product and other services. Although we have undertaken due diligence of the Suppliers of our trees and stands and other products and have screened them, we do not take any responsibility for the quality and size of the MCT Products supplied by our Suppliers
MCT Products: When you purchase a MCT Product that is a Christmas tree, you may “add on” to your order other MCT Products made available by us, including the installation of the trees, stands and the removal of the trees in order to create a package that best suits your needs.
Size of trees: Our trees are approximately 5, 6, 7 or 8 foot in height. While we will use our best efforts to supply you with the tree that corresponds to the height that you purchased, we do not guarantee the size or height of the tree. This may change due to supply restraints.
Installation of tree: If your purchase includes the installation of a tree then you will need to ensure that you are at the delivery address when we are present to install the tree. If you are not at the delivery address at the time we are present to install the tree, we will either, in our sole discretion, follow your delivery instructions and leave the tree at the location of your choosing or leave the tree in any other location to be picked up by you. We also reserve the right to assume that you have forfeited your purchase if you are not at the delivery address when we are present to install the tree. We do not guarantee that our driver will return to your delivery address to install the tree - this is at our discretion. Our preferred stands are Cinco classic Christmas tree stands http://www.cincoplastics.com/index.php/products/cincoclassic, and if you purchase a stand it will be a Cinco classic stand. If you do not purchase a stand, we are happy to use your own stand when we install your MCT Product (tree) as long as it is in working condition. However, we do not guarantee that we can install a MCT Product (tree) in a stand that is not a Cinco classic stand or any stand which we determine is not fully functional (as determined by us). If we attempt to install your MCT Product (tree) in a stand that does not meet the above criteria and the installation is unsuccessful, we will be deemed to have installed the MCT Product (tree) and no refund will be provided in this regard.
No Installation or Purchaser not a Property: In the event you are not at your property when we deliver your order or you have chosen ‘No Installation’ in your order of the MCT Product, our driver will follow your delivery instructions and/or leave your order at your door. If you are not at the delivery address when we deliver the tree, please provide a bucket of water for us to place the tree in.
We accept no liability for any loss or damage suffered by you in the event we leave your order at your property when you are not there. You will be required to install the tree yourself if you are not at your property when we deliver the tree, even if your purchased installation of your tree and no partial refund will be given. We are under no obligation to deliver or procure delivery of any MCT Product before payment has been received from you. All risk in the MCT Product ordered by you will pass to you on delivery (whether you are there to accept the delivery or not).
Order: We deliver to our chosen suburbs on particular days of the week that are shown on the Website (http://www.melbournechristmastrees.com). We may be able to satisfy your order for a suburb not listed on the table, however we do not guarantee this, and delivery fees may be payable.
Removal: If you have purchased the removal of your MCT Product (tree), removal will be between the dates set out on our Webiste and will be on the same day of the week that we delivered your tree to you. It is your obligation to ensure the tree is left at the front of your property on the nature strip for collection on the day we intend to collect it in accordance with these terms. If your tree was delivered to a property in the Melbourne CBD, we will attend at that CBD location to remove the tree. A failure to comply with this clause could result in us not removing your tree, and you will be solely responsible for doing this even if you have purchased the removal. No partial refunds will be given if this occurs.
Pricing: MCT Products and other services ordered by you on this Website will be at the prices displayed at the time of your request. Delivery of MCT Products to locations in the Melbourne CBD will incur a $40 delivery fee (due to the additional time incurred by us in parking, negotiating elevators etc). Unless otherwise stated, prices on our Website and in these Term of Use include GST and are in Australian Dollars. In the event you do not purchase installation of your tree, we give no guarantee that we will be able to install your tree.
Change of Order: You may change the delivery date, cancel your order or alter your order provided we have notice by midday 12pm on the day before your specified delivery date. We reserve the right to charge you as if the MCT Product has been supplied should we receive notice after this time in which case no refund will be given and/or we may not accommodate any alteration to the delivery date or to your order.
Refunds and Replacements: In the event you are dissatisfied with your purchase, please email photos and a description of the reason of your dissatisfaction so we can review it and come back to you within 1 business day. As the trees are laid down on top of each other in the delivery van, they may need a day or two of being upright in the stand to appear at their best. If after 2 days you are still not happy with your tree, please contact us to discuss further.
Replacements or refunds will not be given to already disposed of trees or trees that have been disposed of prior to removal. Replacements or refunds will not be given by us to you if the MCT Product has not been installed, erected, assembled, operated and maintained in accordance with any instructions provided by us to you, including if it has not been held in a Cinco classic stand. If your MCT product has been used in a manner other than for which it was designed, or displayed in an environment where we have not expressly recommended this option, to the extent permitted by law we will not give you a refund.
We reserve the right to replace any tree under this clause rather than providing a refund in our sole discretion.
Intellectual property rights: Unless otherwise indicated, we own the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.
Reliance: The information on this Website has been compiled for general information purposes only and you should not act or fail to act on the basis of it. We do not guarantee the accuracy, completeness, reliability or timeliness of the Website services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.
Third party links: Certain content, products and services available on the Website may include materials from third parties. Third party links on this Website 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 make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
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.
Liability: In this clause, “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including loss suffered as a result of damage or injury to a person or property loss of profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence).
Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.
In no event shall MCT or its related entities, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with any failure or performance, error, omission, interruption, defect, delay in our services, the Website or MCT Products. For the avoidance of doubt, MCT and its related entities, officers, directors, employees agents, contractors or suppliers shall not be liable for any Loss suffered in connection with the delivery, installation or removal of an MCT Product.
Without prejudice to the above clauses and notwithstanding any other provision of these Terms of Use, and except to the extent permitted by law:
The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
Notwithstanding any other term in these Terms of Use, nothing in these Terms of Use is intended to limit or exclude any liability on our part or our related entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that any applicable law prohibits such exclusion or limitation.
Your use or purchase of any MCT Products acquired via the Website is governed by our Customer Terms and Conditions found on our Website.
Indemnity: You agree to indemnify and hold harmless MCT, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all Losses, damages, expenses and costs (including solicitor clients costs and costs on a full indemnity basis) and all third-party claims, liability, Losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with your use of the Website, your use of MCT Products, your failure to comply with these Terms of Use or your violation of any applicable law.
Privacy Policy: Your use of the Website is governed by our Privacy Policy located on our Website.
Governing law: These Terms of Use are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. If any term of these Terms of Use conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws.
No adverse construction: You agree that these Terms of Use cannot be construed adversely against us solely because we prepared them.
