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Terms of service
1. DEFINITIONS AND INTERPRETATION
The following definitions apply to all parts of these Terms (including quotations issued under these Terms unless a contrary intention appears):
Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Business Day means a day on which banks are open for retail banking, other than a Saturday, Sunday or public holiday, in Brisbane, Australia.
Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertain or unascertained, or immediate, future or contingent.
GST has the meaning given by the GST Law.
GST Law has the meaning given to “GST law” in the A New Tax System (Products and Services Tax) Act 1999 (Cth).
Products means the items available for purchase and sold and supplied by Us on Our Site
Loss means loss, damage, cost, expense or liability (whether direct, indirect or consequential).
Order means an order place by customers for the purchase of Products.
Site means the Christmas Wonder website at https://christmaswonder.com.au
Terms means these terms and conditions of trade at https://christmaswonder.com.au
We, Our or Us means Christmas Wonder Australia Pty Ltd.
You means the account holder or party who orders the Products and “Your” has a corresponding meaning.
(a) This clause 1.2 specifies the rules for interpreting these Terms, except where the context makes it clear that a rule is not intended to apply.
(b) The Background (if any) and headings are for convenience only and do not affect the interpretation of these Terms.
(c) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document (including these Terms), or a provision of a document (including a provision of these Terms), is to that document or provision as amended or replaced;
(iii) a party, is a party to these Terms and includes, in respect of that party and a party to any other document or agreement, that party’s executors, administrators, permitted substitutes and permitted assigns;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;
(v) anything (including a right, obligation of Us) includes each part of it;
(vi) property includes real, personal and intangible property;
(vii) any body or agency, if that body or agency ceases to exist, is renamed, reconstituted, replaced or has its powers or functions removed (Defunct Body), means the agency or body which succeeds to the Defunct Body’s powers or functions, or performs most closely the functions of the Defunct Body;
(viii) AUD$, A$, $A, dollar or $ is to Australian currency; or
(ix) a clause, schedule or annexure is to a clause of, or schedule or annexure to, these Terms.
(d) A singular word includes the plural, and vice versa.
(e) A word which suggests one gender includes any other genders.
(f) If a word is defined, another part of speech or grammatical form of that word has a corresponding meaning.
(g) If an example is given of anything (including a right, obligation of a party), such as by saying it includes something else, the example does not limit the scope of that thing.
(h) An obligation on, warranty by, or right of two or more persons or a party that comprises two or more persons, is the obligation, warranty or right (as the case may be) of those persons jointly and severally.
(i) Time is reckoned as follows:
(i) A reference to the date or time of day, is a reference to that date or that time of day in Queensland, Australia.
(ii) If a period expressed in days, beginning on a given day, act or event is provided or allowed for any purpose, the period is calculated by:
(A) excluding the day, or the day of the act or event; and
(B) including the day on which the purpose is to be fulfilled.
(iii) If a period expressed in weeks, months or years, beginning on a given day, act or event is provided or allowed for any purpose, the period is calculated from:
(A) the day, or the day of the act or event; until
(B) the corresponding day in the next appropriate week, calendar month or year.
(iv) If there is no corresponding day for the purposes of clause 1.2(i)(iii)(B), because of the differing number of days in calendar months, the corresponding day is taken to be the last day of the relevant calendar month.
(v) If something is to be done on a particular day, it must be done by 5.00pm on that day.
(vi) If something is to be done on a day which is not a Business Day then that thing must be done on the next Business Day.
(a) These Terms govern all Orders placed via Our Site at any time of year, including outside the traditional Christmas period.
(b) The Terms in force at the time You submit Your Order will apply to Your Order.
(c) We may amend these Terms from time to time by publishing an updated version on the Site. Any amendments will apply only to Orders placed after the updated Terms are published.
3. CONTRACT
(a) An Order constitutes an offer by You to purchase Products. A binding contract is formed only when We accept the Order and send You a dispatch confirmation email.
(b) A Contract is formed only upon Our acceptance of Your order.
4. PAYMENT & PRICING
(a) All prices are displayed in Australian dollars (AUD), are inclusive of GST (where applicable), and exclude delivery and shipping fees, unless expressly stated otherwise.
(b) Prices and delivery fees may be varied at Our discretion at any time. Once You have placed an Order, the price will not change for that Order.
(c) Delivery fees will be specified at checkout and depend on location, delivery method, and the nature of the Products (e.g., bulky, fragile, perishable, or high value).
(d) Payment is required in full at the time of Order, via accepted payment methods stated on the Site.
5. THIRD PARTY PAYMENT PROVIDERS
(a) Our Site is hosted and operated using third-party e-commerce and payment service providers, including Shopify and other service providers engaged by Us from time to time.
(b) While We take reasonable care to ensure the Site is available and functioning correctly, We do not guarantee uninterrupted access to the Site and are not liable for any interruption, outage, technical malfunction, or system error affecting the Site or any third-party platform.
(c) Payment transactions are processed through third-party payment providers. We do not store complete payment card details and are not responsible for any loss arising from the acts or omissions of third-party payment processors, except to the extent required by law.
(d) Your use of the Site may also be subject to the terms, conditions and privacy policies of Shopify, payment providers and other third-party service providers.
6. Product Description & Availability
(a) We will Use reasonable endeavours to ensure the Products and their descriptions on the Site are accurate. Images are provided for illustration purposes only and actual Products and packaging may vary.
(b) All Products are offered for sale subject to availability.
(c) If a Product ordered is unavailable, We will inform You as soon as practicable and refund any amounts paid for that Product.
7. CANCELLATION
(a) We may, in Our absolute discretion, accept or decline any Order placed or cancel an Order (with a full refund) at any time before dispatch, for reasons including but not limited to unavailability, errors in price or description, incomplete information, or abnormal order quantities.
(b) If We are unable to process payment for Your Order, We may cancel Your Order.
(c) Where Products have been customised, personalised or specially ordered at Your request, cancellation by You prior to dispatch may not be possible and any refund may be reduced to reflect costs reasonably incurred by Us.
8. PROMOTIONS, DISCOUNTS, & SPECIAL OFFERS
(a) We may from time to time run promotions, competitions, or discounted offers. Any additional or alternative terms for such offers will be expressly stated at the point of purchase and apply in addition to these Terms.
(b) Products provided in accordance with clause 8(a) are provided on a while-stocks-last basis and may not be available for change-of-mind return or may require the whole bundle to be returned.
(c) We reserve the right to cancel or vary promotions without notice.
9. DELIVERY
(a) Title to the Products passes to You when We receive payment in full for the Products. Risk in the Products passes to You upon delivery of the Products to Your nominated address.
(b) You must ensure the nominated delivery address is accurate and that someone is available to accept delivery. We are not liable for lost Products due to incorrect or incomplete address details.
(c) Delivery dates are estimates only and are not guaranteed. While We will use reasonable efforts to deliver Products within estimated timeframes, delays may occur due to circumstances beyond Our reasonable control, including carrier delays, weather events, supply chain disruptions and peak seasonal demand. To the extent permitted by law, We are not liable for any loss arising from delivery delays.
10. CUSTOMER ACKNOWLEDGEMENT
You acknowledge and agree that:
(a) You are responsible for providing accurate information when placing an Order;
(b) Products should be used only in accordance with any instructions supplied with the Products;
(c) Images and descriptions on the Site are provided for general information purposes and may vary slightly from the Products supplied; and
(d) We make no representation that the Products are suitable for use outside Australia.
11. LIABILITY
11.1 Limit on Liability
To the maximum extent permitted by law, You acknowledge and agree that:
(a) no warranties, guarantees, advice or representations (other than those given or implied by law which cannot be lawfully excluded) are or have been given (or shall be implied) and You have not relied on any warranty, guarantee, advice or representation made or given by Us or on Our behalf with respect to:
(i) the acceptable quality, the condition, state of repair, suitability or sufficiency or fitness for purpose of the Products;
(ii) the nature or condition of the Products; or
(iii) compliance by the Products with any laws or any requirements of any government authorities;
(b) We are not liable for:
(i) indirect, incidental, special, exemplary or consequential loss or damage (including loss of profit, use, data, or business opportunity);
(ii) losses due to misuse, modification, or unauthorised installation; or
(iii) claims made by third parties.
11.2 Australian Consumer Law
(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
(b) To the maximum extent permitted by law, Our liability (under or in connection with any representations, conditions, guarantee or warranty which cannot legally be excluded) in respect of Products supplied to You is limited to one of the following (at Our option):
(i) the replacement of the Products or the supply of equivalent goods; or
(ii) the payment of the cost of replacing the Products or of acquiring equivalent goods.
You indemnify and must keep Us and Our officers, employees and agents indemnified against all loss suffered or incurred arising from or in connection with:
(a) any negligent act or omission by You in connection with the Products;
(b) any breach of these Terms by You;
(c) any Claim by a third party arising out of or in connection with Your sale of the Products, except to the extent caused or contributed to by the negligence or breach by Us; or
(d) any Claim by a consumer for breach of the Australian Consumer Law arising from or in connection with Your actions.
13. INTELLECTUAL PROPERTY
(a) You acknowledge and agree that all of Our intellectual property (including any developments made to such intellectual property during the term of any Contract) is at all times Our exclusive property.
(b) Nothing in these Terms transfers or grants any rights, title, or interest in the Intellectual Property to You, except as expressly permitted under these Terms or a separate licence agreement.
We are not liable for any delay or failure to perform Our obligations where such delay or failure results from circumstances beyond Our reasonable control, including natural disasters, floods, fire, pandemics, government action, strikes, transport disruptions, supply shortages or failures of third-party service providers.
15. POLICIES
15.1 USE OF SITE
(a) The Site is intended for, and may only be Used by, parties who can form binding legal contracts under any applicable law. Without limiting this clause, children under the age of 18 years are not permitted to Use the Site to purchase Products or services.
(b) We may suspend or terminate Your access to the Site or refuse to supply Products if You breach these Terms.
(c) You acknowledge and agree that You have read Our Website Terms at https://christmaswonder.com.au.
15.2 Compliance with Privacy Laws
You acknowledge and agree that You have read Our Privacy Policy at https://christmaswonder.com.au.
15.3 Delivery Policy
You acknowledge that You have read and understood Our Delivery Policy at https://christmaswonder.com.au. By agreeing to these Terms, You agree to be bound by the Delivery Policy as updated from time to time. We reserve the right to amend the Delivery Policy at Our discretion, with the amended version taking effect upon publication.
15.4 Returns & Complaints Policy
You acknowledge that You have read and understood Our Returns & Complaints Policy at https://christmaswonder.com.au. By agreeing to these Terms, You agree to be bound by the Returns & Complaints Policy as updated from time to time. We reserve the right to amend the Dispatch & Delivery Policy at Our discretion, with the amended version taking effect upon publication.
16. GENERAL
(a) A right of a party under these Terms may only be waived in writing, signed by the party giving the waiver and no other conduct of a party (including failure to exercise, or delay in exercising a right) will operate as a waiver of the right of otherwise prevent exercise of the right. The exercise of a right does not prevent any further exercise of that right or any other right.
(b) If any provision of these Terms is void or unenforceable, that provision is to be served to the extent necessary to ensure that these Terms and Conditions of Use are enforceable. The balance of the Terms and Conditions of Use will continue in force notwithstanding the severance of the unenforceable or void provisions of these Terms and Conditions of Use must be interpreted accordingly.
(c) these Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia. You agree with Us to submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings in relation to this Contract.
(d) These Terms embodies the entire agreement between the parties and supersedes all previous agreements, understandings, negotiations, warranties and representations on the subject matter of these Terms. If these Terms is inconsistent with any other agreement between any of the parties, these Terms prevails to the extent of the inconsistency.
Updated July 2026