Terms & Conditions for The Nutcracker Emporium
Last Updated: 1 July 2023
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Welcome to The Nutcracker Emporium ("we," "our," or "us"). By accessing and using our website www.thenutcracker.com.au ("Website") and purchasing products from our e-commerce store, you agree to comply with and be bound by the following terms and conditions ("Terms and Conditions"). Please read these Terms and Conditions carefully before using our Website and making any purchase.
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1. Acceptance of Terms and Conditions
By accessing our Website and making a purchase, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use our Website or make any purchases.
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2. Age Restriction
You must be at least 16 years old to use our Website and make purchases. By using our Website, you represent and warrant that you are at least 16 years old.
3. Product Information
3a. We strive to provide accurate and up-to-date information about our products, including descriptions, images, and prices. However, we do not guarantee the accuracy, completeness, or reliability of any information on our Website. Product availability may be subject to change without notice.
3b. Colors and sizes of products may vary slightly due to differences in computer monitors and manufacturing processes.
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4. Placing an Order
4a. By placing an order through our Website, you are making an offer to purchase the selected products. All orders are subject to acceptance and availability.
4b. We reserve the right to refuse or cancel any order at our sole discretion, without liability to you. In such cases, we will refund any payment received from you.
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5. Payment and Pricing
5a. All prices on our Website are listed in Australian Dollars and are inclusive of applicable taxes but exclusive of shipping, and handling charges, unless otherwise stated.
5b. Payment must be made at the time of placing the order. We accept Visa, Mastercard, Debit card, PayPal, and afterpay.
5c. We reserve the right to change our prices at any time without prior notice, but such changes will not affect orders that have already been accepted.
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6. Shipping and Delivery
6a. We will make reasonable efforts to process and ship your order in a timely manner. However, we are not responsible for any delays caused by unforeseen circumstances or events beyond our control.
6b. Shipping costs and estimated delivery times will be provided during the checkout process. Please note that delivery times may vary based on your location and the shipping method selected.
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7. Returns and Refunds
7a. We want you to be satisfied with your purchase. If you are not entirely happy with your order, please review our Shipping & Returns Policy, which is incorporated into these Terms and Conditions by reference.
7b. In the event of a return, the product must be in its original condition, unused, and with all original tags and packaging.
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8. Intellectual Property
8a. All content on our Website, including text, graphics, logos, images, and software, is our property and is protected by applicable copyright, trademark, and other intellectual property laws.
8b. You may not reproduce, distribute, display, modify, or create derivative works of any content from our Website without our prior written consent.
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9. Privacy Policy
9a. Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and safeguard your personal information.
9b. By using our Website and making purchases, you consent to the collection and use of your personal information as described in our Privacy Policy.
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10. Limitation of Liability
10a. To the extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of our Website or the purchase of our products.
10b. In no event shall our total liability exceed the amount paid by you for the product in question.
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11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses arising out of your use of our Website or any breach of these Terms and Conditions.
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12. Changes to Terms and Conditions
We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective upon posting on our Website. Your continued use of our Website and purchases following the posting of changes constitutes your acceptance of such changes.
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13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in Victoria, Australia.
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14. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
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15. Entire Agreement
These Terms and Conditions, along with our Privacy Policy and Shipping & Returns Policy, constitute the entire agreement between you and The Nutcracker Emporium regarding your use of our Website and purchases.
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If you have any questions or concerns about these Terms and Conditions, please contact us at:
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Thank you for shopping with us!
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The Nutcracker Emporium
375 Gaffney Street
Pascoe Vale, VIC, Australia