TERMS & CONDITIONS
The following Terms and conditions apply to all sales of goods and services from The Cumquat Tree to you. You are bound by our Terms and Conditions and accept these terms when:
a) Placing an order online at thecumquattree.com.au.
b) Placing an order via the phone with a The Cumquat Tree Representative.
c) Purchasing in store at any The Cumquat Tree Outlet.
d) Requesting any Quotes or advise from The Cumquat Tree
a) All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
b) You must pay us in Australian Dollars.
c) Payment must be made in accordance with the details specified on the purchase invoice
d) Failure to meet payment terms may result in The Cumquat Tree suspending order relevant to the outstanding invoice. You agree that The Cumquat Tree may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts The Cumquat Tree pay to any collection agency to act on our behalf.
All Orders placed online will be processed (lovingly hand packed) and completed within 48hrs of purchase ready for collection by our shipping partners. Orders placed over a weekend or Public Holiday will be processed within 2 busniess days.
The Cumquat Tree will always use reasonable effort to provide efficient and effective delivery to you within the timeframes advised;
a) Delays – the delivery times advised by The Cumquat Tree are an estimate only and no liability will be accepted for delays in delivery. A delayed delivery does not give you the right to cancel an order.
b) Delivered Items – once the delivery of goods has been signed for at the receiving address the transaction is considered complete.
c) Authority to leave – If you give authority to leave a delivery without signing for it you inherit all risks associated.
d) Redirect – if you change the delivery address to another address once the parcel has left our warehouse, it is your responsibility to liaise with the delivery company directly to make new arrangements. You may be required to pay additional charges to the delivery company, and you accept that you inherit all risk associated with delivery of the goods.
e) Return to sender – If your package is returned to The Cumquat Tree for any reason, you will be notified and given options of redelivery or collection from The Cumquat Tree store. If the return is not acted upon by you, The Cumquat Tree will store your items for a maximum of 3 months (from return date) before the goods will be forfeited by you and disposed of by The Cumquat Tree.
f) Damaged goods – you must inspect the goods within 7 days of receipt and advise The Cumquat Tree by providing an image of the damaged item, along with the order details, if deemed damaged in transit we will replace the damaged item at our cost.
g) Alcohol – liquor licencing laws require any gift box which contains alcohol to be delivered to a recipient who is 18 years or older & cannot be sent to the purchaser.
4. REFUNDS, RETURNS & CANCELATION
a) Refunds – The Cumquat Tree do not provide refunds.
b) Returns – you may only return goods that do not materially match the order placed or that have a genuine fault unrelated to the following and notified to The Cumquat Tree within 7 days of receipt of goods:
I. Misuse – No warranty will be given for damage or failure due to misuse of goods.
II. Items with flaws – Many items stocked byThe Cumquat Tree are made by artisan makers, you accept there is an expectation that not every item is identical and may have idiosyncrasies that could be considered by some as flaws, The Cumquat Tree accepts no responsibility for claims based on such items.
III. Change of Mind – The Cumquat Tree do not refund any Goods or Services for change of mind by either the purchaser or recipient.
IV. Faulty goods – If your goods are faulty please contact us to discuss the fault. It will be at The Cumquat Tree discretion as to whether the goods will be exchanged.
c) Cancelation – an order cannot be cancelled once the goods have left our warehouse.
a) Casual displacement, omission, inability or failure to deliver on an order does not invalidate this contract.
b) Every care will be taken to ensure prompt completion of any order within the timeframes stipulated but The Cumquat Tree will not be liable for any loss occasioned by the failure to deliver an order.
c) If The Cumquat Tree is unable to fulfil your order for any reason under our control, we will only be liable to you for a maximum refund of the amount you paid us for the order.
d) To the extent possible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are negatived.
You will indemnify us against all suits, claims and demands made against us and loss or damage suffered by us arising from orders placed with The Cumquat Tree due to:
a) A breach of your warranty in clause 1;
b) Any allegation that we have breached any intellectual property rights of any third party; and
c) Any other civil or criminal liability we may be exposed to.