PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us

onestwosandtrees.com is a website (Site) operated by Ones Twos and Trees Pty Ltd [ACN/ABN] of 5 Kallara Close, Duffy ACT 2611 (we, us and our).

To contact us, please admin@onestwosandtrees.com

2. By using our Site you accept these terms and conditions

By using our Site, and/or obtaining or ordering Products from us using the Site or by any other method of sale, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use our Site.

We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms or conditions.

3. We may make changes to these terms and conditions

4. Disclaimer

This Site is provided on an “as is” and “as available” basis, and we make no representations, warranties or guarantees, express or implied, regarding the reliability, accuracy or completeness of the content or information contained on this Site or the operability or availability of the Site.

To the extent permitted by law, we are not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.

We may update and change our Site from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

5. We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and conditions of use and other applicable terms and conditions, and that they comply with them.

6. Eligibility to use our Site

Our Site is directed to users who are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

7. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@onestwosandtrees.com

8. Registration

You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

If you create an account with us, you agree that you are responsible for keeping your password secure. We are not liable for any loss or damage from your failure to maintain the security of your account and password.

9. Placing an Order for Products

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so.

10. Acceptance or Rejection of an Order

We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.

Each order placed for Products through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

11. Cancelling an Order (by Us)

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:

1. the requested Products in that order are not available; or
2. there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order;
3. we consider that the postage price selected in the checkout does not match the applicable price for the delivery address; or
4. that order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

12. Cancelling an Order (by You)

Orders may not be cancelled by you once submitted via this Site or via any other method of sale unless approved in writing by us. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please contact us and we will endeavour to assist you.

13. Prices, Fees and Charges

The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, wereserve the right to change prices at any time before we accept an order from you.

All prices shown on this Site are in Australian Dollars (AUD).

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

1. the purchase price of each Product that is ordered;
2. the delivery fee for delivering the Products to you; and
3. any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).

14. Returns Policy

We know you’re going to love our Products but if for any reason you have any issues, please contact us.

Unless you notify us to the contrary by email within 30 days of delivery of any Products and such notification is confirmed by return email within 30 days of its receipt by us, the Products shall be deemed to have been received by you.

If any item is faulty, not of merchantable quality, not fit for its intended purpose or does not match the description then please contact us. We will offer a replacement product, credit note or refund at our discretion subject to the requirements of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Products sadly cannot be returned/exchanged at one of our stockist locations.

15. How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.

You may print hard copies, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

16. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

17. User-generated content

This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

All User Contributions must comply with the content standards set out in clause ‎19 of these terms and conditions.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

You represent and warrant that:

• You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
• All of your User Contributions do and will comply with these terms and conditions.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
• We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion.

18. Content standards

The content standards in this clause  ‎19 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

• Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and conditions and our privacy policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

19. Warranty and liability

We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

Where we are permitted by law (and subject to the above):

• we do not warrant or represent the suitability of the Site or a Product for any purpose; and
• we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

20. We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus  software.

21. Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause ‎19.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us admin@onestwosandtrees.com.

22. Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms and conditions. You agree not to use the Site:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause ‎19 of these terms and conditions;
• to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the Site;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

23. Force Majeure

To the extent that we are prevented or delayed from performing our obligations, in whole or in part, as a result of an unexpected event or series of events, we will be excused from performance under these terms and conditions. This includes weather conditions, acts of nature, God, war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased Product because of such an event, we will give you the option of deferring shipment or receiving a refund.

24. Australian law applies to disputes

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

This agreement is governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

25. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms and conditions.