GENERAL TERMS (UPDATED 28/03/24)

This website is operated by Tartan House PTY Limited, ABN: 94 109 041 545 (trading as Tar10 “Tar10”, “we”, “us” and “our”). Tar10 offers this website, including all information, tools and services available from this website (together, “Services”), and promotes and supplies all products advertised, made available or supplied through the Services (together, “Products”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

SECTION 1 - APPLICATION OF TERMS

By visiting our website, ordering or purchasing any Product from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services and all persons who purchase or attempt to purchase Products, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Services or purchasing or attempting to purchase Products. 

By accessing or using any part of the Services, or purchasing or attempting to purchase Products: (a) you agree to be bound by these Terms; and (b) where your access and use is on behalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, then you may not access or use the Services, order, purchase (or attempt to order or purchase) Products from us, and you must immediately stop doing so. If these Terms are considered an offer, your acceptance is expressly limited to these Terms.

Our Services are hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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

SECTION 2 - CHANGES

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our website. Unless stated otherwise, any change takes effect immediately. It is your responsibility to check our website periodically for changes and to ensure you are familiar with the latest Terms. By continuing to access and use the Services, or order or purchase Products from us, you agree to be bound by the latest Terms.

We may change, suspend, discontinue, or restrict access to, the Services without notice or liability.

These Terms were last updated on 28 March 2024

SECTION 3 - YOUR GENERAL OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a unique name and/or password allocated to you to allow you to access certain parts of our Services (“User ID”), you must keep your User ID secure and: (a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and (b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to admin@tar10.com.au.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services (including establishing a link to our website) or any contact on the website through which the Services are provided, without our express written permission. If you wish to establish a link to our website, please email your request to admin@tar10.com.au.

SECTION 4 – ORDERS

When you place an order for Products: (a) you confirm that: (i) you are legally entitled to purchase those Products; and (ii) you are bound by these Terms in relation to that order, subject to our acceptance of that order; (b) you are making an offer to buy the Products, and we are not bound by your order until we have accepted it; (c) our acceptance of your order occurs when we issue you a confirmation email of receipt of your order; and (d) you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.

We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with the refund process set out in section 6 but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 5 – DELIVERY

Any time stated for delivery is an estimate only. To the maximum extent permitted by law, we are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Products.

If you request us to deliver the Products to another person, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to us under these Terms despite delivery to that other person.

Subject to our receipt in full of your payment for the Products, title in the Products passes to you on delivery.

Risk in the Products passes to you when the Products are dispatched from our warehouse partners / the Products are delivered to your designated delivery address in accordance with these Terms (whether or not you take delivery)].

SECTION 6 - PAYMENT AND REFUNDS

On placing an order for Products, you must pay the price, shipping and handling charges stated for those Products.  

Unless stated otherwise, the price of the Products includes GST.

We accept payment via credit or debit card only. You consent to us securely storing your credit or debit card details for future transactions, this includes for both subscription and one-off orders. We will not process a transaction without your consent. 

We will refund to you an amount that you have paid to us, only: (a) where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel; (b) in accordance with our Refund Policy (found here); or (c) as required by law.

We will remit any amounts payable by us to you by crediting the credit or debit card from which your payment was made.

Promo Codes - From time to time, by email we will offer new customers in our database who have not purchased from us before a new customer incentive. This code is only valid for new customers and only able to be used once per person, as per the terms outlined in the email.

SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.

SECTION 8 - PRODUCTS, SERVICES AND PRICES

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy (found here).

Due to the fresh nature of our Products and the fact that many of our Products are based upon limited releases and small production runs, we sometimes cannot provide the product which you have ordered. In the event that a product you have ordered is not available, we will attempt to contact you to discuss a replacement product. In the event that we cannot contact you, we will send you a substitute product of the same or greater value as the product which is not available. You will not be charged more than the price of product which is not available. We reserve the right to substitute the Products with equivalent products.

We have made every effort to display as accurately as possible the colours and images of Products that appear via the Services. We cannot guarantee that your computer monitor's display of any colour will be accurate. Products and packaging depicted may differ from stock available at the time of shipment.

We reserve the right, but are not obligated, to limit the sales of the Products or services to any person or location. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer.

We do our best to achieve 100% accuracy, but occasionally mistakes occur. All descriptions of Products, Product pricing and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to make changes without notice due to unforeseen errors or market factors including Product discontinuation, typos, photographic or technical errors in online promotions. Any offer for any Product or service made on the Services are void where prohibited. 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all Product purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 - OPTIONAL 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 Services 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 Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 11 - THIRD-PARTY LINKS

Certain content, Products and services available via our Services may include materials from third-parties.

Third-party links on the Services may direct you to third-party websites that are not affiliated with us. Any link from the Services does not imply that we endorse, approve or recommend, or have responsibility for, those websites or their content or operators. We are not responsible for examining or evaluating the content or accuracy of such websites 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.

To the maximum extent permitted by law, 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 regarding third-party products should be directed to the third-party.

SECTION 12 - INTELLECTUAL PROPERTY

We own all proprietary and intellectual property rights in the Products, the Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and any network, system, software, data or material that underlies or is connected to the Services (“Underlying Systems”).

All trademarks and registered trademarks are used to benefit and without intent to infringe on the holder of the mark. The Tar10 logo and all other distinctive logos, marks and graphic elements are trademarks of Tartan House Pty Limited and are subject to applicable trademark protections.

You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of the Services or the Underlying Systems.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you submit a review on the website, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward or submit to us. We are and shall be under no obligation to: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; (c) to respond to any comments, or: (d) to post any reviews on our website.

We may, but have no obligation to, monitor, edit or remove content or comments that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You must ensure that your comments do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments must not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any Underlying System. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If you provide us with feedback or suggestions relating to the Services (together, “feedback”): (a) all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and (b) we may use or disclose that feedback for any purpose.

SECTION 14 - PERSONAL INFORMATION

You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain parts of the Services available to you or supply Products to you. For example, we may need to have your contact information in order to deliver Products to you or to provide you with updates about our Services or Products.

When you provide personal information to us, we will comply with the Australian Privacy Act 1988 (Cth) and our Privacy Policy. To view our Privacy Policy, click here.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and Product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

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

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on age, race or colour, ethnicity or national origin, sex (including pregnancy or childbirth), sexual orientation, gender identity, disability, religious or ethical belief, marital or family status, employment status, political opinion, being affected by domestic violence, or involvement in union activities; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, Trojan horses, timebombs, keystroke loggers, spyware or other similar features or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Underlying Systems; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Underlying Systems. We reserve the right to terminate your use of the Services for violating any of these prohibited uses.

SECTION 17 - WARRANTIES AND LIMITATION OF LIABILITY

SECTION 17A – PRODUCTS

If you are not happy with the Products, we will refund you in accordance with our Refund Policy

We also warrant that the Products are of acceptable quality (as defined in the Australian Consumer Law (Cth) (“ACL”) and meet all other implied guarantees under the ACL. If the Products fail to meet any guarantees under the ACL, we will remedy the failure in accordance with the ACL.

SECTION 17B – SERVICES

To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis (“Loss”) in connection with: (a) the Services being unavailable (in whole or in part) or performing slowly); or (b) any error in, omission from, any information made available through the Services.

To the maximum extent permitted by law, the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that the Services will meet your expectations, or that any errors in the Services will be corrected.

SECTION 17C – GENERAL

To the maximum extent permitted by law and except as set out above: (a) you access and use the Services at your own risk; and (b) in no case shall Tar10, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable or responsible to you or any other person for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, in connection with these Terms, the Services, or your access and use (or inability to access or use) the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. 

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the ACL or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited: (a) our liability for claims relating to the Products is limited, at our option, to: (i) replacing the relevant Product; or (ii) refunding the price paid for the Product; and (b) our liability for all other claims is limited to AUD$50.

SECTION 18 – INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Tar10 and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from all Loss Tar10 suffers or incurs as a direct or indirect result of your breach of these Terms or the documents they incorporate by reference, including any failure of a person who accesses and uses our Services by using your User ID, or your violation of any law or the rights of a third-party.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

Without prejudice to any other right or remedy available to us, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may suspend or terminate (at any time without notice) your access to our Services (or any part thereof) and/or the supply of any Products to you and you will remain liable for all amounts due up to and including the date of termination. On suspension or termination, you must immediately cease using the Services and must not attempt to gain further access.

SECTION 21 - ENTIRE AGREEMENT

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. For us to waive a right under these Terms, the waiver must be in writing.

These Terms and any policies or operating rules posted by us on the Services or in respect of the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and the supply of the Products, 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).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms, and any dispute relating to these Terms, the Services or the Products, shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the Courts of New South Wales, Australia in relation to any dispute connected with these Terms, the Services or the Products.

SECTION 23 – CONTACT

If we need to contact you, we may do so by email, phone, SMS or by posting a notice on the Services. You agree that this satisfies all legal requirements in relation to written communications.

Questions about the Terms should be sent to us at admin@tar10.com.au.  

EOFY 2024 Promotion

1. Eligibility: Any Tar10 customer who purchases from our website during the 'promotional period' only, can access price promotions. Customer's can access 15% discount of normal retail price.

2.Promotion Period: The promotion will run from 9.00am Tuesday 18/06/24 through to Sunday 30/06/24 at 11.59pm.
3. Limits:We may withdraw or suspend from the EOFY 2024 sale, any of our products displayed on the website, either temporarily or permanently, at any time and without notice. Many of our crafted products are extremely limited, so the offer is strictly limited while stocks last. We reserve the right to cancel the offer on products where no longer available. No rainchecks.