Terms and conditions

All orders and purchases made through this website are subject to the terms and conditions outlined below. These terms and conditions may change from time to time without prior notice, at our discretion. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to purchase any goods or services available on the website.

This website is owned and operated by PZN Pty Ltd Trading As: The Christmas Tree Truck (ABN 88 166 177 331). All orders and purchases made through the facilities of this website shall be subject to these terms and conditions. 
The Christmas Tree Truck may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in Australian dollars and all charges will be processed in Australian dollars.

Do not use this website unless you have read these terms, and accept that they will govern your right to the use and access to our website and all goods, services, links and information contained on it. If you choose to use The Christmas Tree Truck’s website and purchase goods and services then The Christmas Tree Truck will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and The Christmas Tree Truck’s rights and obligations to each other.

Limitation On The Christmas Tree Truck’s Liability

This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to you using The Christmas Tree Truck’s website that you agree and accept that The Christmas Tree Truck is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our information or from any other use of the website. In short, your use of the site is at your own risk.

Links To Other Websites

The Christmas Tree Truck has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Christmas Tree Truck and the owners of those websites. The Christmas Tree Truck takes no responsibility for any of the content found on the linked websites. The Christmas Tree Truck’s website may contain information provided by third parties. The Christmas Tree Truck accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Jurisdiction

This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and The Christmas Tree Truck that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state

Copyright And Restriction of Use

You are not permitted to reproduce any content, information or materials on the The Christmas Tree Truck website for the purposes of conducting a business competitive with or similar to the business of The Christmas Tree Truck. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of The Christmas Tree Truck. The Christmas Tree Truck expressly reserves all copyright in its website and in all information on its website.

Exclusion of Competitors

If a principal part of your business is the retail sale, delivery and removal of real Christmas trees and or Christmas accessories, then you are a competitor of The Christmas Tree Truck. The Christmas Tree Truck expressly excludes and does not permit you to use or access to its website, to download any information from its website or obtain any information through a third party. If you breach this term then The Christmas Tree Truck will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. The Christmas Tree Truck reserves the right to exclude and not permit any person from using its website or any of the information contained on it.

Whole Agreement

These terms and conditions represent the whole agreement between you and The Christmas Tree Truck concerning your use and access to The Christmas Tree Truck’s website and your use and access to the products and services available on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Pricing

All prices listed on this website are in Australia Dollars ($AUD) and include 10% GST. All prices are subject to confirmation. The Christmas Tree Truck will notify you by email if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. We reserve the right to amend prices from time to time.

Payment

Payment is due at the time of purchase. The payment options available are:

  • PayPal
  • Stripe (Credit Card Gateway)
  • Direct Deposit
  • Cash

The Christmas Tree Truck reserves the right to limit the quantities of certain items which you, your family or any group can purchase. The Christmas Tree Truck will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, The Christmas Tree Truck will not be responsible for any delays in delivery which are beyond its control. If goods are not available or there is a delay in delivery The Christmas Tree Truck will notify its customers within 5 business days.

The Christmas Tree Truck will deliver to addresses within Australia only. Goods will not be shipped internationally.

Refund Policy

Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

Change of mind returns (Excludes real tree packages)

If you wish to return an item because you have changed your mind about your purchase, The Christmas Tree Truck will offer you an exchange voucher or refund provided that:

  • You return the item within 28 days of purchase;
  • You produce your original receipt/invoice
  • The item is in resalable condition including that:
    • It is in its original packaging, including instruction manuals and all accessories;
    • It is unworn, unopened, unused and in its original condition; and

If these requirements are not satisfied The Christmas Tree truck reserves the right not to offer an exchange voucher or refund for change of mind returns.

The Christmas Tree Truck real tree packages contract

The below terms are only applicable to you if you purchase a real Christmas tree package. They are in addition to those terms above.

A real tree package contract is formed once you agree to these terms and conditions and your payment is received by The Christmas Tree Truck. The contract is active until The Christmas tree Truck fulfils the order as described at checkout or you request a Cancellation.

Cancellation

If you purchase a real Christmas tree package, and chose to cancel the real tree package one of the following will apply to you;

  • If the real Christmas tree package has not yet been delivered to you and you notify The Christmas Tree Truck 7 days prior to the delivery date selected a full refund will be granted.
  • In the event where you fail to notify The Christmas Tree Truck within 7 of your selected delivery day a restocking fee of $60 will be withheld from your refund amount.

 

Real Tree Disclaimer

The Christmas Tree Truck will not bare any risk of loss or damages from and after delivery of the Real Christmas Tree. The Christmas Tree Truck shall not be liable for any direct, indirect, incidental or consequential damages, costs or expenses relating to the delivery, installation, use, storage, removal, transportation or destruction of the items purchased. The Christmas Tree Truck shall not be responsible if any of the plant material supplied is found to contain spiders and insects or for any damage or loss that may come as a result.

Removal

The Christmas Tree Truck offers removal on all real Christmas tree packages. Removal includes the removal of your expired Christmas tree from the front verge, nature strip or an agreed location within close proximity to your delivery address. The removal will occur if the tree is visible and can be removed during the day on the 2nd weekend of January the following year of purchase. Removal from within premises is available on request.

Installation

The Christmas Tree Truck will set up the real Christmas tree in a CINCO Christmas tree stand supplied by us or the client provided all parts are available. We will install the tree in the stand as per the recommendations of the manufacturer but will not take any responsibility if any incident occurs after the delivery and installation of the tree has been carried out. It is recommended that small children and animals are kept away from the real Christmas tree and stand to avoid any incidents.

Availability of Real Trees

The Christmas Tree Truck relies on farmers to grow real Christmas trees and as such cannot guarantee the supply of real Christmas trees. All measures will be taken to ensure that a real tree is delivered to you. If there are unforeseen circumstances or natural disasters that reduce the supply real Christmas trees notification will be provided to those affected and refunds will be issued.

Other Product Disclaimers

Christmas tree stand (CINCO)

The Christmas Tree Truck provides genuine CINCO Christmas tree stands where stipulated as an inclusion in a Christmas tree package. The Christmas Truck is a retail seller of CINCO Christmas tree stands and is not the manufacturer. You must use the Christmas tree stand in accordance with the manufacturers intended use.

Christmas Lights

The Christmas Tree Truck is a retail seller of Christmas lights and is not the manufacturer.

It is essential that all Christmas lights purchased from The Christmas Tree Truck are only used in the manner that they are intended to be used.

It is very important 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. 
It is essential that products that are not specified for outdoor use are only used indoors as they are not suitable for outdoor use by virtue of their composition or electrical components.

 We advise taking precautions when supplying power to outdoor products and installations in case of adverse weather conditions. Where you are unsure please check with your local qualified electrician about safety and power aspects prior to installation of the products.

Our electrical products are designed for use in accordance with Australian standards, with a standard Australian wall plug and are intended for use with a 240 Volt power supply. Many electrical Christmas light products use a transformer to convert them to low voltage.

Any requests for cancellation, refunds or account enquiries should be sent to info@thechristmastreetruck.com.au.

Hamper Art hampers

Liquor Licence Number: 14005591

Under the A.C.T Liquor Act 2007, it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Hamper Art reserves the right to request proof of age should they consider the purchase of wine is being made by a minor.

By completing the customer information form you agree to abide by the rules and regulations governing the sale of alcohol in Australia. We use StarTrack/Australian Air Express and Poppy Deliveries to deliver your purchase, should you require shipping by other means you must contact us

Christmas Tree Truck “Win a Christmas Tree Package” Competition – Terms and Conditions

  1. Information on how to enter and prizes form part of these terms and Any entry not complying with these terms and conditions is invalid. Participation in this promotion is deemed acceptance of these terms and conditions.
  2. The promotion is open to all valid Christmas Tree Truck Facebook members. Entry to the promotion is free. To enter, the general public must comment on the Facebook post outlining their favorite part about Christmas.
  3. There is a limit of 1 entry per person. All entries remain the property of the promoter. The competition commences Monday 17 November 2014. Entries close Sunday 22 November 2014 10:00pm AEST.
  4. Entries are deemed to be received at the time they are received by the promoter’s database and not at the time of submission by the entrant. The promoter does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entries received after the closing date will be deemed invalid. Entrants who enter using multiple aliases may be disqualified.
  5. Judging will commence on 23 November 2014 at 14 Parkin Street Torrens by the Directors of The Christmas Tree Truck.
  6. The most creative response will win one (1) Santa’s Deluxe Package valued at $189 including GST.
  7. This promotion is a game of skills, not chance. Chance plays no part in the determination of the winning entries. The winners will be determined by a panel of judges, made up primarily of the Directors of the Christmas Tree Truck and will be based on the most original and creative answers. The judge’s decision is final. The winner must take the prize ‘as is’. Prizes are non-transferable and cannot be redeemed for cash.
  8. If for whatever reason the specified prize is unavailable, the promoter reserves the right to award a prize of equal or greater value. Winner(s) will be notified by email and/or telephone within 7 days of the conclusion of judging. All reasonable steps will be taken by the promoter to notify the prize winner(s) based on the details provided by entrant.
  9. Winners’ names and localities and details about their entries may be published on facebook.com/Christmastreetruck. In the event that any of the winners do not claim their prize, or cannot be contacted after reasonable attempts are made by the promoter, the prize will be forfeited and will not be awarded.
  10. Prizes are the recommended retail value as provided by the supplier and are correct at the time of printing. If the promoter forms the view in its sole discretion that an entry or the entry process for any entrant has been tampered with or otherwise does not comply with these terms and conditions, the promoter reserves the right to disqualify that entry. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the competition website or the information on the competition website, or to otherwise undermine the legitimate operation of this competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law. If the promoter suffers loss or incurs any costs in connection with any breach of these terms and conditions or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
  11. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an entrant who is deemed by the promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the promoter, be deemed invalid. The promoter reserves the right to request the entrant produce (within the requested time) appropriate photo identification or other documentation (to the promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the entrant in entering the promotion, before issuing a prize. If the documentation required by the promoter is not received by the promoter (or a person nominated by the promoter) or an entrant or entry has not been verified or validated to the promoter’s satisfaction then all the entries of that entrant will be ineligible and deemed invalid.
  12. If this promotion is not capable of running as planned for any reason beyond the reasonable control of the promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus or telecommunications interference, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary, to provide an alternative prize or prizes of equal or greater value as an original prize or prizes, subject to any written directions made under applicable State or Territory legislation. Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. To the extent permitted by law, the promoter excludes all guarantees, warranties, conditions or other terms that apply under or are implied by statute, common law or trade custom or usage. If in the conduct of this promotion the promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Australian Consumer Law or is implied by any other commonwealth, state or territory law that cannot be excluded, the promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
  13. To the extent permitted by law, neither the promoter nor any of its related companies or associated agencies accepts any liability to the prize winner(s) or anyone else for any injury, damages, expenses or loss whatsoever (including without limitation loss of profit, revenue or business and indirect, consequential, special or incidental loss or damage), sustained in the course of accepting or using a prize. The promoter collects personal information about an entrant to include the entrant in the competition for the promotion and, where appropriate, award prizes. If the personal information requested is not provided, the entrant cannot participate in the promotion and is deemed ineligible. By entering the promotion and ‘opting in’, entrants agree that the promoter may, in the event the entrant is a winner, publish or cause to be published the entrant winner’s name and locality in any media, as required under the applicable State or Territory legislation.. The promoter may share the information with its Australian related bodies corporate, agencies or contractors (including call centres, advertising agencies and direct mail houses) who may contact the entrant with special offers or marketing materials. All information provided by entrants to the promoter will be held in accordance with the Christmas Tree Truck Privacy Policy which can be obtained by visiting christmastretruck.com.au
  14. An entrant may gain access to, update or correct any personal information they have provided to the Promoter by contacting The Christmas Tree Truck on 1800 636 612. By entering the promotion, the prize winner(s) agree to the promoter’s use of their name, likeness, image and photograph(s) for publicity and promotional purposes for an unlimited period of time, without further notification or compensation, and agrees that the promoter will own copyright in any such images and photograph(s) and in all material incorporating the photograph(s). The promoter is not responsible for prizes damaged in transit. The promoter is not liable for any tax implications arising from prize winnings and independent legal and financial advice should be sought.
  15. The promoter is The Christmas Tree Truck ABN 88 166 177 331