Terms and Conditions

 

These Terms and Conditions govern your use of Tg Christmas website (the "Website") at www.tgchristmas.com.au, the purchase of products, and the use of services provided by Tg Christmas (ABN 61 838 499 387) ("Tg Christmas", "we", "us", "our").

 

1. Acceptance of Terms

 

By using our Website, purchasing our Products, or using our Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. The Website is intended for use by individuals who are 18 years of age or older. If you are under 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

 

2. Changes to Terms

 

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

 

3. Modifications to the Website and Product Offerings

 

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice. We may also introduce, change, discontinue, or modify any Products, product lines, or Services at our discretion. Prices for our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Website or any products or services.

 

4. General Conditions

 

4.1 We reserve the right to refuse service to anyone for any reason at any time, subject to applicable laws and regulations.

 

4.2 You understand that your information (excluding payment card details) may be transferred over various networks and may undergo changes to conform to the technical requirements of these networks or devices.

 

4.3 All payment information, including credit/debit card details, is processed through secure, encrypted channels in compliance with applicable payment card industry standards.

 

4.4 While we strive to provide accurate Product descriptions and images, slight variations in colour, size, packaging or design may occur due to manufacturing processes, supplier updates or display settings.

 

4.5 Our products are intended for use by children under adult supervision. By making a purchase, you confirm that you are of legal age to enter into a contract in your jurisdiction.

 

4.6 If we offer international shipping, you are responsible for ensuring that the Products comply with the laws and regulations of the destination country. You are also responsible for any applicable customs duties, taxes, import fees or other charges imposed by the destination country, unless otherwise stated by us.

 

5. Photo Session Services

 

5.1 Booking and Payment.

5.1.1 By booking a photo session with Tg Christmas, you agree to these terms and conditions.

5.1.2 Full payment of the applicable booking fee is required at the time of booking to secure your session.

5.1.3 The fee includes a 10-minute photo session (15 minutes for Santa Paws) and a Tg Christmas USB containing unedited photos.

 

 5.2 Session Details

 

5.2.1 Clients are expected to arrive 5 minutes prior to their scheduled session time.

5.2.2 Late arrivals may result in a shortened session. Clients arriving more than 15 minutes late will require rebooking and repayment.

5.2.3 A maximum of five (5) participants are permitted per standard session, unless otherwise agreed by Tg Christmas.

5.2.4 Tg Christmas staff will make every reasonable effort to capture quality photographs. However, no refunds will be provided where participants are unwilling or unable to cooperate during the session.

 

5.3 Cancellations and Rescheduling

 

5.3.1 Rescheduling is allowed subject to availability.

5.3.2 Cancellations with at least 24 hours' notice will be eligible for rescheduling or store credit. Refunds will not be provided unless required under the Australian Consumer Law.

5.3.3 Missed appointments forfeit the full cost and require rebooking and repayment.

 

5.4 Photo Usage and Consent

 

5.4.1 Tg Christmas may use photographs and video recordings captured from your session for advertising, promotional material, our Website and social media platforms, but only with your explicit consent.

5.4.2 For sessions involving minors, a parent or guardian must provide explicit consent for photograph and video usage. This consent is obtained only when the parent or guardian ticks the approval box on the service form during the checkout process. Without this specific consent, photographs or video recordings of minors will not be used for advertising or social media purposes.

5.4.3 Consent for the use of photographs and video recordings may be provided during the booking process or at a later time, including verbally or in writing. You may withdraw your consent for future promotional use at any time by contacting Tg Christmas. Withdrawal of consent will not affect material already published before your request; however, we will take reasonable steps to prevent future use where practicable.

 

5.5 Tg Christmas collects and stores the names of children participating in photo sessions for operational purposes.

5.6 By providing the names, ages and gender of participants during booking, you consent to this information being stored and used for the purpose of managing your booking, providing our photo session Services and, where applicable, creating personalised photo products.

 

5.7 Tg Christmas is not liable for any loss, damage, or injury that may occur during the photo session.

5.8 Clients are responsible for the behaviour and safety of all participants, including children and pets, during the session. Parents or legal guardians must supervise children at all times and take reasonable care to ensure that studio props, decorations and equipment are not misused or damaged.

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5.9 To protect the privacy of other guests and the intellectual property of Tg Christmas, photography and video recording during photo sessions is not permitted unless authorised by Tg Christmas.

5.10 All photographs and video recordings captured during the session remain the property of Tg Christmas.

5.11 All photographs remain the intellectual property of Tg Christmas. Clients are granted a non-exclusive, perpetual licence to use the photographs for personal, non-commercial purposes.

5.12 Additional USB copies can be purchased for $10 each.

 

6. Products and Pricing

 

6.1 All products are subject to availability. All prices displayed on our Website are in Australian Dollars (AUD) and include GST unless otherwise stated.

 

6.2 We use Square to process all orders and payments. By placing an order, you agree to be bound by Square’s terms of service.

 

6.3 Accepted payment methods include:

• Mastercard

• Visa

• Amex

• PayPal

• Afterpay

• Klarna

• Google Pay

• Apple Pay

• Gift Card

 

6.4 By submitting an order, you warrant that you are authorised to use the designated payment method and that sufficient funds are available to cover the cost of the transaction.

 

6.5 We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

 

7. Returns and Refunds Policy

 

7.1 You may request modifications to your order prior to dispatch by contacting our customer service team at admin@tgchristmas.com.au. Modifications are limited to exchanging items for different products of equal or greater value.

 

7.2 We will accommodate exchanges for change of mind under the following conditions:

 

1. The goods must be returned in their original, unused, and undamaged condition, including all packaging and labels.

2. The customer is responsible for all return postage costs associated with change of mind exchanges.

3. Jewellery items are exempt from exchanges due to hygiene considerations.

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7.3 Damaged or Incorrect Items

 

Upon inspection, we will provide an appropriate remedy in accordance with the Australian Consumer Law, which may include a replacement, repair, store credit or refund, depending on the circumstances.

 

1. Contact us at admin@tgchristmas.com.au within 48 hours of receiving the item.

2. Provide your order information, a description of the fault, and clear photos of the damage.

3. We will provide a packing slip for you to return the item to us. The item must be shipped back within fourteen (14) calendar days of receiving it.

4. Approved refunds will be processed using the same method as the original payment.

5. If the original payment method is no longer available or applicable, an alternative refund method may be used at our discretion.

6. Original shipping costs are non-refundable.

 

7.4 Exchanges

 

For non-faulty items:

1. Returns for exchange are accepted within fourteen (14) days of receiving your order.

2. Items must be in their original packaging, unused, and undamaged.

3. Approved returns will be eligible for store credit only. This credit will not expire.

4. Jewellery items are exempt from exchanges due to hygiene considerations.

 

7.5 Return Process

 

1. All returns must be pre-approved by contacting admin@tgchristmas.com.au.

2. Unapproved returns will not be accepted.

3. We reserve the right to refuse returns that do not meet our policy requirements.

4. Refunds are only offered for faulty, damaged or incorrect items received upon arrival, subject to our inspection and approval. No refunds will be issued for change of mind or non-faulty items.

5. Once an order is placed, it cannot be cancelled for a refund. Customers may only request modifications as outlined in section 7.1.

 

7.6 Please note that this refund policy is in addition to any rights and remedies you may have under the Australian Consumer Law.

 

7.7 Contact Information

 

For any inquiries regarding order modifications, cancellations, returns, or refunds, customers are advised to contact our customer service team at admin@tgchristmas.com.au. We will endeavour to respond to all inquiries in a timely and efficient manner.

 

8. Shipping

 

8.1 Orders are processed within 1-2 business days excluding public holidays after payment confirmation. Shipping rates are calculated and displayed at checkout.

 

8.2 We offer the following shipping options:

 

1. Standard Shipping: The cost of Standard Shipping is calculated based on the delivery postcode and the total weight of your order and will be displayed at checkout. Estimated delivery is between 2 and 15 business days, depending on the destination.

2. Express Shipping: The cost of Express Shipping is calculated based on the delivery postcode and the total weight of your order and will be displayed at checkout. Estimated delivery is between 2 and 6 business days, depending on the destination.

 

8.3 All shipping times are estimates and may be subject to delays beyond our control, including but not limited to carrier delays or unforeseen circumstances. Risk in the Products passes to you upon delivery to the address provided at checkout or, where Authority to Leave has been selected, once the parcel has been delivered in accordance with your delivery instructions.

 

8.4 We only ship within Australia.

 

8.5 Order Tracking

 

Once your order is dispatched, we will provide a tracking number. Tracking information will be sent via email.

 

8.6 At the time of checkout, customers will be provided with the option to select their preferred delivery method:

 

1. Signature Upon Delivery: You may request that a signature be obtained upon delivery of your parcel. In such cases, the courier will require a signature from the recipient or an authorised representative at the delivery address. If no one is available to sign for the parcel, the courier may leave a card with instructions on how to arrange redelivery or collection.

2. Authority to Leave (ATL): You may provide authority to leave the parcel without a signature. By selecting this option, you agree that the courier is authorised to leave the parcel in a location at the delivery address deemed safe by the courier.

3. If authority to leave has been granted, the courier will attempt to leave the parcel in a safe place at the delivery address.

4. The courier has sole discretion in determining whether a location is safe to leave the parcel. If the courier deems no safe place is available, they may leave a card with instructions for redelivery or collection.

 

8.7 By selecting the Authority to Leave option, you acknowledge and accept that once the parcel has been delivered in accordance with your instructions, responsibility for the parcel passes to you. To the extent permitted by law, Tg Christmas and the courier are not responsible for any loss, theft or damage occurring after delivery.

 

8.8 Address Accuracy

 

You are responsible for providing accurate shipping addresses at checkout. Tg Christmas is not liable for parcels that go missing due to incorrect address information.

 

8.9 Lost or Damaged Packages

 

In the event of a lost or damaged package, please contact our customer service team within 14 days of the expected delivery date. We will work with the shipping carrier to locate the package or process a claim as necessary. Customers may be required to assist by providing any information reasonably requested by Tg Christmas or the shipping carrier to investigate the claim.

 

9. Gift Cards

 

9.1 Gift cards can be purchased through our online store. Upon purchase, the gift card will be delivered electronically to the email address provided by the purchaser.

 

9.2 Gift cards can be redeemed online through our Website for the purchase of eligible Products and Services. To redeem a gift card, the recipient must enter the unique gift card code at checkout.

 

9.3 Gift cards are non-refundable and cannot be exchanged or redeemed for cash, credit or any other form of monetary refund, either in part or in full.

 

9.4 Gift cards do not expire.

 

9.5 If the total value of the purchase exceeds the balance on the gift card, the remaining amount must be paid by an alternative payment method. If the total value of the purchase is less than the balance on the gift card, the remaining balance will be retained for future use.

 

9.6 Only one gift card may be redeemed per transaction, subject to the functionality and limitations of our checkout system.

 

9.7 We are not responsible for lost, stolen, or unauthorised use of gift cards. You are advised to treat gift cards as cash.

 

9.8 Gift cards cannot be used to purchase other gift cards or for any products that are specifically excluded by us. Such exclusions, if any, will be clearly stated on the relevant product pages.

 

9.9 Promotional discounts and offers may not apply to the purchase of gift cards unless otherwise specified.

 

10. Privacy and Data Protection

 

Our collection and use of your personal information is governed by our Privacy Policy, available at www.tgchristmas.com.au/privacy-policy. By using our Website, you acknowledge that you have read and understood our Privacy Policy.

 

11. Intellectual Property

 

The content available on this Website, including descriptions, text, logos, designs, graphics, and any other materials created by Tg Christmas (collectively referred to as "Tg Christmas Content"), is protected by intellectual property laws and is the exclusive property of Tg Christmas.

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Product images displayed on this Website are owned by Tg Christmas or by the respective manufacturers of the products we sell. These images are used with permission for the purpose of representing and promoting the Products we sell. All content on this Website is protected by copyright, trademark, and other intellectual property rights. By accessing and using this Website, you are granted a limited, non-exclusive, and non-transferable licence to view the content solely for personal, non-commercial purposes related to your interaction with the Website.

 

This licence does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of any content without express written consent from the respective rights holders.

 

The trademarks, service marks, logos, and trade names displayed on this Website are the registered or unregistered trademarks of Tg Christmas or the respective product manufacturers. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from the appropriate rights holder. You agree not to engage in any activities that may infringe upon the intellectual property rights of Tg Christmas or the product manufacturers. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting any content without prior written permission from the respective rights holder.

 

12. User Content

 

12.1 You may be permitted to post reviews, comments, or other content ("User Content") on our Website or social media platforms. By submitting any User Content, you grant Tg Christmas a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, display, reproduce, and distribute such User Content on our Website, social media platforms, and in our marketing materials.

 

12.2 You are solely responsible for any User Content you submit. By posting User Content, you represent and warrant that:

1. You own or have the necessary rights to the User Content and to grant the licence to Tg Christmas as described above.

2. The User Content does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.

3. The User Content does not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material.

4. The User Content does not include personal information of minors or any third parties without their consent.

 

12.3 Tg Christmas does not endorse any User Content and reserves the right to remove or refuse to post any User Content for any reason, without prior notice. This includes content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

 

12.4 By submitting product reviews, you agree that they are honest, accurate, and based on your personal experience with the product. Tg Christmas reserves the right to verify the authenticity of reviews and to remove any that we suspect to be fraudulent or in violation of these Terms.

12.5 Tg Christmas is not responsible for any claims resulting from User Content. However, if we receive notification that any User Content allegedly infringes upon the rights of others, we may remove such content pending investigation.

 

13. Third Party Tools

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

14. Third-Party Links

 

Certain content and products available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions relating to third-party products, services or websites should be directed to the relevant third party.

 

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website that contains inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated. 

 

16. Prohibited Conduct

 

16.1 When using our Website, you must not engage in or attempt any conduct that is unlawful, prohibited by applicable laws, or that we would consider inappropriate. This includes, but is not limited to:

 

1. Violating any individual's privacy, including uploading personal information without consent.

2. Using our Website to defame, harass, threaten, or offend any person, including our staff or other customers.

3. Interfering with any other user's experience on our Website.

4. Tampering with or modifying our Website, knowingly transmitting viruses or other malicious code, or damaging or interfering with our Website's functionality.

5. Using our Website to send unsolicited messages, including spam.

6. Impersonating any person or entity.

7. Posting false, misleading, or deceptive product reviews or comments.

8. Attempting to gain unauthorised access to any part of our Website, other user accounts, or our computer systems or networks.

9. Using our Website for any unlawful or unauthorised commercial purpose.

10. Collecting or harvesting any information from our Website for any unauthorised purpose.

11. Using our Website in any way that could damage, disable, overburden, or impair our servers or networks.

12. Encouraging or assisting any third party to do any of the above.

13. Attempting to interfere with, disrupt or manipulate bookings, payments or the operation of our Website.

 

16.2 Tg Christmas reserves the right to monitor the Website for violations of these terms and to take appropriate legal action, including without limitation, reporting any suspected unlawful activity to law enforcement authorities, regulators, or other third parties.

 

17. Force Majeure

 

17.1 We shall not be liable for any delay, failure to fulfil, or interruption of order fulfilment resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to:

• Acts of God, including but not limited to earthquakes, hurricanes, floods, wildfires, and other natural disasters,

• Acts of government or regulatory authorities, including changes in laws or regulations affecting our operations,

• Acts of war, terrorism, civil unrest, or rebellion,

• Pandemics, epidemics, or health emergencies,

• Labour strikes or disputes affecting our manufacturing or shipping partners, transportation disruptions, including but not limited to postal or courier service disruptions,

• Power outages or equipment failures beyond our control.

 

17.2 In the event of any such delay, failure, or interruption of order fulfilment due to a force majeure event, Tg Christmas shall be excused from its obligations and shall have no liability or responsibility for any loss, damage, or inconvenience suffered by the customer as a result. We will make reasonable efforts to notify affected customers and, if possible, provide estimated timelines for order completion based on the circumstances.

 

18. Limitation of Liability

 

To the maximum extent permitted by law, Tg Christmas, our directors, employees, affiliates and suppliers are not liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages arising from your use of our Website, Products or Services, any errors or omissions in our Website content, any loss or damage resulting from the use of our Website, Products or Services, or any interruption, suspension or termination of our Website, Products or Services.

 

Our liability (if any) is limited to the total purchase price paid by you for the Product(s) or Service(s) giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other legal basis, even if we have been advised of the possibility of such damage.

 

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded or limited under the Australian Consumer Law or any other applicable law.

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Some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or liabilities. Where this applies, some of the above limitations or exclusions may not apply to you.

 

 

19. Indemnification

 

19.1 You agree to indemnify, defend and hold harmless Tg Christmas, our directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal costs) arising out of or in connection with:

• your use of our Website, Products or Services;

• your breach of these Terms and Conditions;

• your violation of any rights of another person or entity;

• any content you submit to our Website, including product reviews, comments or other User Content; or

• any misuse of our Products or Services by you or anyone using your account or information.

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19.2 This indemnity continues after these Terms and Conditions end and after you stop using our Website, Products or Services.

 

20. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

 

21. No Waiver

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

 

22. Interpretation

 

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

 

23. Entire Agreement

These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). 
 

24. Governing Law

Your use of our Website, Products and Services is governed by the laws of New South Wales (NSW) Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

25. Contact

 

Any questions or complaints relating to these Terms and Conditions should be directed to admin@tgchristmas.com.au.

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