TERMS & CONDITIONS | The Family Tree Co.

TERMS & CONDITIONS

By using our Service, you are deemed to have read and accepted these Terms of Service, forming a legal binding agreement between The Family Tree Company ABN 25434373685 and you. You agree to comply with these Terms of Service, and use this website only in a manner consistent with these terms. If you do not agree with any part of these Terms of Service, you should not continue to access this website.

1. Legal Age Requirement
If you are below the age of 18, you should obtain parental consent to submit credit card information when placing an order.

2. Customer account, password and security
You are responsible for maintaining the confidentiality of your chosen password and account name for this Service, and you are fully responsible for all activities that occur under your password or account name. You agree to (a) immediately notify The Family Tree Co. of any unauthorised use of your password or account name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Under no circumstances will The Family Tree Co. be liable for any loss or damage arising from your failure to comply with this Section 2.

3. Storage of your information
The Family Tree Co. stores only minimal order information obtained from you. See our Privacy Policy for further details.

4. Order Policy
Receipt of an electronic order or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Family Tree Company reserves the exclusive right at any time after receipt of your order, to accept or decline your order for any reason, at our absolute discretion. The Family Tree Co. also reserves the right at any time after receipt of your order and without prior notice to you, to supply less than the quantity you order for any time. Your order is deemed accepted by The Family Tree Co. upon our delivery of products that you have ordered. We may require additional verifications or information before accepting any order.

5. Cancellations
Because The Family Tree Company starts to produce a unique, custom made product to your specifications immediately upon order receipt, we do not offer cancellations. You will receive once your order has been dispatched to our printer once you have accepted our terms and conditions, all orders are final and a refund can not be issued, please refer terms and conditions listed here. Once (a) payment is made; and (b) you approve the terms and conditions to proceed to print, then all orders are final. You have 60 days to complete your order from the point of receiving your email to complete your order.

6. Fee and Payment Terms
All prices are in Australian dollars (AUD) and payment must accompany each order. As some materials are imported and we engage third party suppliers, prices, products and services offered are subject to change without prior notice from time to time at our discretion upon posting by The Family Tree Co. on our website.

Payment terms will be via Paypal or online credit card transactions, or unless otherwise stated. We reserve the right to refer to your credit card provider. The Family Tree Company will not be held liable for any losses you may suffer as a result of unauthorised use of your credit card by any other party. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system.

Failure to submit a valid payment may result in refusal to process the requested service(s). If an order is processed with a partly paid deposit, we will hold the order for 60 days (or as otherwise stated). During this period and until the balance is paid in full, we may send a notice to your email address to inform of the balance due. If the balance due is not paid within the said period, we may exercise our right to charge a handling fee and discard any unpaid property.

In cases of disputes, you must alert us by writing to us within 7 days after becoming aware of any problems or receiving your credit card statement (whichever is earlier). If The Family Tree Company does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by The Family Tree Company.

7. Delivery of Products
All products or prints will be delivered to the delivery address supplied by you during the order process. We do not deliver to PO Boxes, and no postal lockers. We deliver to fixed address’, both commercial and residential address only. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to these Terms of Service, and entirely at the discretion of The Family Tree Company.

8. No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any products of The Family Tree Company, any portion of the Service, use of the Service, or access to the Service. If you wish to enter into a commercial arrangement to do so, please contact us first.

9. Force Majeure
A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any acts of God. 

QUALITY GUARANTEE & RETURN POLICY

The Family Tree Company is proud of the outstanding quality and craftsmanship of our products, and provides a guarantee against any manufacturing defects. Refunds and cancellation of orders are generally not available except for cases of process malfunction or product defects (i.e. workmanship defect, product arrives damaged, product does not match ordered items). The Family Tree Company reserves the right at any time to substitute/change brand as well as material used in production of your product without prior notice. In cases of material shortage, we will substitute by using the next best alternative material of the closest quality and specification.

As each product is unique and assembled by hand, the end result may differ slightly from our website images. The Family Tree Company also reserves the right to change or alter any production methods without prior notice. These may or may not result in a slight difference in the final outlook or slight colour shifts, while maintaining the same quality and standards.

The Family Tree Company is not responsible for customer-generated mistakes, errors or defects including spelling, typographical or grammar errors, order quantity or other ordering errors. Please be sure to preview your order carefully before confirmation. Images and text will be printed as they appear in the Preview. We do not proofread for, or correct, any such customer generated mistakes.

To file a complaint, please contact our customer service within 7 days of receipt of the item by writing to us together with picture of problem/areas of dissatisfaction. We will assess the condition of the item(s), and, at our sole discretion, may either repair or replace the product(s) that does not meet the warranty or condition. All defective products must be returned to us within 14 days of receipt upon request. 

All warranties implied by law which may be legally excluded are excluded from this agreement.

1. Indemnity
You agree to indemnify and hold The Family Tree Company, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of the rights of a third party.

2. Copyright Information
All materials are copyright © 2014. All rights reserved. All images, logos, trade marks displayed on the Website and/or products are the sole property of The Family Tree Company. You may reproduce the images, logos and trade marks only if: (a) you are referring explicitly to The Family Tree Company in an article or blog post; and (b) proper credit is prominently given near any reproductions. Other unauthorised usage of images, logos, layouts, design styles and trade marks, particularly in conjunction with products not made by The Family Tree Company, is strictly prohibited. By purchasing a product from The Family Tree Company you do not gain any reproduction rights and may not copy or reproduce any part of the product without prior written permission from The Family Tree Company.

ADDRESS FOR RETURNS:

The Family Tree Company
PO Box 80
 
East Melbourne 
Victoria 8002 
Australia
T: +61 (0) 411 777 336
enquire@thefamilytreeco.com