Terms and Conditions
Accuracy of information
Flame Tree Home Décor Artisans (Flame Tree) uses all reasonable effort to accurately describe its products on the Website. Mistakes however can occur. Flame Tree does not accept responsibility for any error, omission or deficiency in the information provided on this Website. Flame Tree does not warrant that the product descriptions, colours, information or other content on the Website is accurate, complete, current or error free.
The Website is presented “as is”. Flame Tree makes no representations or warranties of any kind whatsoever, expressor implied, in connection with these Terms and Conditions or the Website more generally, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties cannot be excluded at law.
Eligibility and Information Requirements
To make purchases using the Website you must provide your personal details including your real name, phone number, e-mail address and other requested information. You will be required to provide payment details which you represent and warrant are valid and correct, and you warrant that you are the person referred to in the billing information provided.
You must have been issued a valid credit card by a bank acceptable to Flame Tree and you must authorise Flame Tree to process a charge or charges on your credit card for the total purchase price of the products and freight.
If you register on the Website you will be assigned an email address/username and password for your Flame Tree account. You are responsible to maintain the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping the information current, complete and accurate. You are responsible for all transactions on your account or use of your username and/or password.
We reserve the right to refuse service and/or terminate accounts without prior notice at our absolute discretion.
By making an offer to purchase goods or services from Flame Tree , you expressly authorise Flame Tree to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Warranties you provide
As a precondition of use of this Website, you expressly warrant that:
you will abide by our Terms and Conditions when using our Website
you will only provide accurate and complete information
you are at least 18 years old;
While using this Website you will not:
impersonate any person or entity;
make any false or fraudulent bookings;
provide false or misleading information;
post or transmit to or via this Website any unlawful, threatening, defamatory, obscene or pornographic material that might give rise to civil or criminal proceedings;
knowingly transmit any virus or other disabling feature to the Website;
interfere with, disrupt, or create an undue burden on the Website or the associated systems;
frame or mirror any part of the Website without our written approval; or
except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
Personal Non-Commercial Use Only
The Website is only for your personal non-commercial use. You must not access, use, transmit, copy, publish or otherwise deal with any material or information on the Website for any commercial or unlawful purpose.
Limitation of liability
You use this Website at your risk and subject to all applicable laws. Flame Tree , its Directors, and employees have no liability to you for any loss or damage suffered by you in relation to your use of the Website. To the fullest extent permitted by law Flame Tree is not responsible or liable in any way to you for:
interruption of business;
access delays or access interruptions to the Website;
data non-delivery, mis-delivery, corruption, destruction or other modification;
computer viruses, system failures or malfunctions which may occur in connection with your use of the Website;
any inaccuracies or omissions in content; or
events beyond Flame Tree’s reasonable control.
To the fullest extent permitted by law, Flame Tree Home Décor Artisans will not be liable to anyone for any of the following:
loss of profits or revenue;
costs or damages suffered or incurred by you resulting from your use of the Website;
any product not being available;
your inability to access the Website;
your loss of data, information or material transmitted to or from the Website;
decisions, action or inaction taken by you in reliance on the information on this Website;
your use or misuse of this Website or any information or material contained on the Website; or
any defect, technical problem or virus attached to or arising from the Website or the server.
You indemnify Flame Tree in respect of any claim, action, demand, liability, loss, damage, cost, proceedings or expense directly or indirectly related to:
your breach or non-observance of any of the Terms and Conditions
any breach or inaccuracy of any of your representations or warranties; or
your use of the Website.
Product Colour and Availability
Products offered on the Website may be offered for a limited time only. There is no guarantee of products continuing to be available. While we attempt to carry sufficient stock to satisfy customer requests, if there is insufficient stock then we may not be able to fill your order. Colours and features of products on our Website may differ from the product delivered to you. This can result from the manufacturing process, lighting or the nature of the raw product used in production and other production and storage variables.
At any time, without notice, these Terms and Conditions, our policies and the content of the Website may be altered. This includes terminating any or all of the rights granted by these Terms and Conditions. Any change is effective when posted on the Website. You use of the Website in accordance with the amended Terms and Conditions. Before placing an online order you should read and understand the Terms and Conditions. If you do not agree to any change, then you must not use the Website.
Prices Subject to Change
You use this Website at your risk and subject to all applicable laws. Flame Tree, its Director, and employees have no liability to you for any loss or damage suffered. All quoted prices on the Website are in Australian dollars (AUD). All references to $ and dollars on the Website are to Australian currency. All prices are subject to change effective immediately upon being posted.
Right to Decline Orders
At any time, up to the time of dispatching the product to you, Flame Tree in its absolute discretion can reject any offer made by you to purchase a product on the Website, including but not limited to, an error in the advertised price for, or description of, the product on the Website, or an error in your order. Any automatic confirmation of an order is subject to Flame Tree assessing any risk, delay, product availability or any other matter or matters relevant to the transaction. Flame Tree in its absolute discretion reserves the right to refuse to process an order or refuse service to anyone at any time.
Acceptance of Your Order by Flame Tree
Once an order has been placed, you will receive a confirmation email acknowledging your order. This email is NOT an acceptance of your order. It is a confirmation of receipt of your order. Acceptance of your order and completion of the contract between you and Flame Tree is completed when Flame Tree emails you to confirm the products have been dispatched. The sale contract is therefore made and concluded in Victoria, Australia.
Cancellation of an Order by You
Once the order has been made and the order confirmation forwarded to you, you cannot cancel your order.
Passing of Risk and Title
Title to and all risk associated with the products passes to you upon the products being dispatched.
Payment can only be made by credit card or such other method as from time to time we nominate.
You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, trademarks and logos and registered designs remain the property of Flame Tree. You will not use of misuse or allow anyone else to use of misuse the intellectual property of Flame Tree.
If any part of the Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches as closely as possible the intent of the original provision. The remainder of these Terms and Conditions continue to be enforceable and valid.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria. By using this Website you agree that the Courts of Victoria, Australia will deal with any dispute, which may arise from its use. This Website is only available for use by people who can enter a legally binding agreement with us in accordance with the laws of the State of Victoria.
This Website may be accessed from anywhere in the world however Flame Tree makes no offer or invitation to sell any product in any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website and the laws of the State of Victoria, Australia.
This Website and its contents are the property of Flame Tree . They are subject to copyright. Any use of our website and its content for purposes other than personal and non- commercial use is prohibited.
Flame Tree will not be liable for any delay in performing any of their obligations if such delay is caused or contributed to by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.