Terms and Conditions

Last updated: 01/02/2021

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”, “T&Cs”) carefully before using our Website (thecardandtrinket.com.au; the “Website”/”Service”) operated by The Card & Trinket Pty Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms in accordance and addition to relevant conditions as set out in our Privacy Policy and Shipping and Returns Policy. These Terms and Policies apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Policies at all times. If you disagree with any part of the Terms or Policies then you may not access the Service.

Service

For the purpose of these Terms and our Privacy Policy, “Service” refers to the services offered by us via our Website (thecardandtrinket.com.au), including but not limited to: Browsing and using the Website, registering an account with the Website, purchasing goods via our Service (Order) with the Website, or interacting with the Service in other ways such as posting responses or reviews on the Website.

Accounts

You may be required to create an account with us prior to placing an Order. When you create an Account with us for any reason, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

By registering an Account or placing an Order with us, you are declaring that you possess the legal authority to enter into and use the Service in accordance with our Terms and Privacy Policy in addition to warranting that you are at least 18 years of age. Further, you agree to be financially responsible for all of your use of the Service in addition to the use of your Account by others, including but not limited to minors (under 18 years old) living with you or within your care.

Intellectual Property

All Intellectual Property rights (including copyright and patents) in the content, features, functionality, branding, logos (including but not limited to The Card & Trinket banner, ‘tavern sign’ logo, unique fonts, photographs, etc.), information, communication, advice, text, guide materials, trade marks, service names and trade names of ours, images of people or places or other uniquely created content (Content) displaying the products we sell contained in the Website are owned or licensed by and remain the exclusive property of The Card & Trinket Pty Ltd. The copying, use or other reproduction of this Intellectual Property is not permissible unless express written consent is provided by us prior.

The Content on the Website/Service is for general information purposes only. Any use or application of the Content by another person or organisation is at the user’s own risk.

The Content on the Website is developed and obtained from a variety of sources including but not limited to images and descriptions of products created by third parties and information provided by third parties under licence. Inclusion of such Content within the Website is not an endorsement of any organisation, product or service.

We reserve the right to modify any information on the Website (including Content) at our discretion for any reason, subject to these Terms. If you have a complain about any Content shown through our Website, we may at our sole discretion review such complaints and make changes (if any) we deem reasonable and appropriate.

Prohibited Usage

Unless expressly permitted by and in full accordance with these Terms, you agree that in accessing and using the Service, you will not:

1) download or modify the Service or any portion of the Website/Service (excluding page caching);
2) impersonate, or otherwise fraudulently claim to represent a person or organisation;
3) frame the Website/Service without our express written permission; or
4) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website/Service in any such manner which is unlawful or would infringe the rights of another person including any Intellectual Property rights.

Orders for products through our online Service

When you place an Order through our Service you are entering into a commitment to purchase products, services or both in accordance with our Terms and Privacy Policy. We reserve the right to accept or reject any Order placed with us at our discretion after receipt of the Order. Provided no acceptance of delivery has yet occurred for the product(s), we may at our discretion permit an Order to be cancelled, however cancellations are not guaranteed once an order has received applicable payment. Orders cannot be cancelled by you once delivery is accepted for the products and/or if tracking indicates the item was delivered or otherwise accepted by a recipient.

Notwithstanding anything to the contrary, while we endeavour to ensure that products advertised for sale on the Website/Service are available for purchase, we reserve the right to accept, limit or decline your Order for any reason whatsoever, whether payment for the Order has been received or not. We will issue a refund to you if you have been charged by us for your Order, and your Order is cancelled by us.

We do not accept Orders originating outside Australia.

Changes to product prices or services offered

We reserve the right to change or alter the prices of any products or services offered by use through the Service at any time and for any reason, without notice, including but not limited to product availability, market conditions, pricing structure changes, discontinuation of product, pricing errors, or other circumstances.

Any changes or updates to the Service or our Website including any changes to the online store, its content, all products or services, prices and offerings are subject to these Terms. All information we provide pertaining to the availability of products is to be treated as a guide only and is subject to change without prior notice. We shall not be liable for any lack of availability of products that you may order through our Service. While we endeavour to ensure products advertised through the Service are available for purchase, availability of any product cannot be guaranteed.

Prices and Payments

All transactions are to be processed in Australia Dollars (AUD).

Prices are inclusive of Goods and Services Tax (GST) of 10%. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.

A payment for an Order is transacted via our online Service to have your Order delivered to you through one of our third party postal carriers.

We accept payment for our Service using PayPal or direct bank deposit.

You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

We will provide you with a tax invoice detailing the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.

Delivery of online Orders

We fulfil shipment of Orders using Australia Post eParcel, Parcel Post or Australia Post Domestic Tracked Letter services (Third Party Carriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Carriers.

You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Carrier to provide proof of identification for verification purposes in accordance with their delivery terms. If the address provided is incorrect and the Order is returned to us, you are responsible for any additional re-delivery costs or return to sender fees. Once an Order is delivered, you are responsible for its safety and security. No responsibility will be held for orders lost after the delivery scan has occurred (for example, in the instance where Authority to Leave is selected and used for delivery).

Goods and products sold by us through the Service remain the property of us until the Order passes to you upon delivery.

Shipping costs are influenced by the individual Shipping Class of the products in your Order. You can see the pricing for shipping options by entering your post code into the shipping calculator at checkout.

We aim to dispatch all Orders within 1-2 business days. If for any reason we are unable to dispatch your Order (for example, due to unforeseen stock unavailability, damaged stock, etc.) we will notify you within 2 business days. Dispatch times may vary during peak order periods. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Carrier and may be affected by peak order periods, holidays, and other delays beyond our control.

Claims for damage in transit, incorrect delivery or incorrect item receipt must be reported, in writing, within 3 days of delivery receipt. No cover is offered for issues reported after this time frame.

Returns, refunds and warranties

Under Australian Law, particularly under the Competition and Consumer Act 2010 (Cth) consumer law, you have a right to return your purchase for refund or exchange.

Buyers are responsible for the shipping costs for all change of mind returns of purchased goods. Returns for change of mind reasons are available up to 30 days after receipt of delivery. Refunds will only be granted for the portion of the Order returned to us in brand new, sealed, resalable quality. We reserve the right to refuse refund for any items we deem damaged or previously opened or used by you. Original shipping costs for Orders is a non-refundable portion of the Order total.

Where items have arrived damaged or items not matching the Order description were delivered, you are to contact us within 3 days of receiving delivery. Please include clear images detailing the damage, or the incorrect item(s) sent, alongside the included tax invoice for the Order. We will assess the situation on a case-by-case basis, and will assess your claim at our discretion, and at our option we will work with you to either offer a full or partial refund, and/or fulfil the Order to an extent agreed upon by both you and us. In cases we deem appropriate, applicable, and of our own fault, we will cover additional re-delivery fees to the delivery address nominated in the original Order only.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

The Card & Trinket Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services which may be linked to, from or otherwise referenced by this site either incidentally or purposefully. You further acknowledge and agree that The Card & Trinket Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.

Account and Access Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason and at the sole discretion of us, including without limitation if you breach the Terms.

Any indemnities (see clause “Indemnity”) given by you and any limitations of our liability survive these terminations of the Service.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Reviews and Other Communication

You may submit reviews and ratings for products published on the Website. We reserve the right to reject, remove or unpublish reviews or other communications that contain personal details, personal attacks, inappropriate language, vilifying comments, are published on the wrong product or service, any mention of competitors, or are fake or otherwise misleading.

Your Privacy

Any personal information submitted by you to us via the Website or by using our Service is subject to our Privacy Policy. A link to our Privacy Policy can be found at the top of this page, and forms part of these Terms. By using our Website/Service you agree that you have read, understood and consented to its requirements in addition to these Terms.

Disclaimer and Communication Security

Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We cannot guarantee secure delivery of communications through the internet as such communications rely on third party service providers. Electronic communication including electronic mail (email) is vulnerable to interception by third parties. We endeavour to take all reasonable precaution to protect information transmitted through the Service. For exampe, we use Secure Socket Layer technology (SSL) to establish a secure connection with your web browser to ensure your information is encrypted and securely transmitted to use while browsing our Service or placing an Order. However, we cannot and do not guarantee the security or confidentiality of these communications or the security of the Service.

We cannot provide, and have no control over, communications, networks or services, the internet or other technology required or used across the Service. We accept no responsibility for any loss, direct or indirect, in any form, whether due to Service downtime, viruses, or otherwise.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Indemnity

You agree to fully indemnify us in respect to all losses, damage, costs, expenses (including but not limiting legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

1) any breach whatsoever of these Terms by you;
2) your use of the Website or our Service; or
3) your communications or interactions with us

We will not be held liable to you for any direct, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to a breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Service, Website, the Content, any links to or from the Website or the goods and services advertised or purchased from the Website other than losses that 1) resulted from our failure to meet a consumer guarantee; and 2) are reasonably foreseeable.

Subject to this clause (“Indemnity”), to the maximum extent permitted by law, you agree that the the maximum aggregate liability of ours for any proven damages, claims, and losses arising out of or in connection with these Terms or a supply of Service under these Terms, including liability for breach, in tort, or in negligence or for any other common law or statutory action, is limited to the sum of $150.

Jurisdiction

These Terms are governed by and are construed in accordance with the laws of the State of Victoria, Australia. You agree to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia with respect to all matters arising from or relating to these Terms and subject matter.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may cease using the Service.

Severability

Each provision of these Terms is severable from the others. No severance of a provision is to affect any other provision.

Contact Us

If you have any questions about these Terms, our Privacy Policy, or any other issues, please contact us.