Terms and Conditions
Last updated: August 2021
Welcome to The Ginger Tree website (the “Website”). Please review the following Terms and Conditions carefully. Throughout the site, the terms “we”, “us” and “our” refer to The Ginger Tree, whilst “Terms” and “Terms and Conditions” refer to these Terms and Conditions . Your use of The Ginger Tree website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”).
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
AMENDMENTS TO THESE TERMS AND CONDITIONS
The Ginger Tree reserves the right to update or modify these Terms and Conditions at any time without prior notice.
ELIGIBILITY & ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence. If you are under the age of majority in your country of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of the Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement 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 site. 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 terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
INTELLECTUAL PROPERTY OWNERSHIP AND USE
The Ginger Tree owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. This intellectual property and material includes, but is not limited to, our trademarks, copyrights, text, images, video clips, graphics, logos, icons, photographs, the Website design/look/appearance, and/or other intellectual property in such materials (collectively, “the Intellectual Property”). Trademarks or trade dress include, but are not limited to, The Ginger Tree name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of The Ginger Tree’s products, services, and programs. Any other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You may not use any of The Ginger Tree Intellectual Property without our prior written permission. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and The Ginger Tree may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Except for information necessary to place an order, please do not send us any confidential or proprietary information through this Website. The intent of this policy is to avoid the possibility of future misunderstandings if projects developed by The Ginger Tree employees and agents might seem to be similar to creative works submitted by users. If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that The Ginger Tree has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your comments will 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 will not contain libellous 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 Website or any related website. 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.
ERRORS, INACCURACIES AND OMISSIONS
The Ginger Tree makes every effort to ensure that the information we provide is correct, accurate and up-to-date. However, we cannot be held responsible for any information that is not correct, accurate and up-to-date, for whatever reason (e.g. any form of misprint or defect). Details of your order should be checked and confirmed by yourself when your order is placed and signed off (We do not hold ourselves responsible for any incorrect orders placed).
We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colours of our products that appear on the Website but we cannot guarantee that your device’s display of any colour will be accurate.
DISCLAIMER OF WARRANTIES
All The Ginger Tree’s products and services that are provided through the website (except as expressly stated by us) are provided to you “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.
You expressly agree that your use of, or inability to use, the service is at your sole risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, The Ginger Tree will not be liable for any:
- errors, mistakes or inaccuracies of content;
- personal injury or property damage, 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, resulting from your access to or use of The Ginger Tree website;
- any unauthorized access to or use of our servers or of any personal information or user data;
- any interruption of transmission to or from the Website or any mobile applications;
- any malware, viruses, trojans and the like which may be transmitted on or through the Website or mobile applications by a third party; or
- any other loss, damage or claim related in any way to your use of the Website or any product, 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
You agree to defend, indemnify and hold The Ginger Tree harmless from and against any and all claims, demands, damages, costs, losses and expenses (including, without limitation, attorneys’ fees and legal costs) of any kind made by you or any third-party due to or arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website. You acknowledge and agree that, for security purposes, The Ginger Tree may monitor your account and your access to and use of the Website.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
While every effort is made to ensure that the product you buy, including metal, timber, fabric and leather products, corresponds as closely as possible to the sample shown in our stores or on our website, slight differences may occur. We regret that no responsibility can be accepted for variations which add to the unique characteristics of The Ginger Tree products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer.
PAYMENT, PRICING & MODIFICATIONS
Prices on the website and in-store are subject to change without notification. Full payment of the price and delivery charges (where applicable) is required before products will be delivered or collected. The product remains the property of The Ginger Tree until payment is received in full.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website and our services.
Payment methods can be found on the Checkout page. For further enquiries regarding pricing and payments, please contact us at email@example.com.
You will be provided with a quotation for all custom orders and jobs. It is your responsibility to verify the correctness of all information on the quotation before The Ginger Tree goes ahead with the order or job. Full terms and conditions relating to custom orders, are linked on the Custom Orders page.
DELIVERIES AND COLLECTIONS
A FEE IS CHARGED FOR ALL DELIVERIES. You will be charged for the cost of delivery which will be reflected in the communication you will receive from us after checkout, or as requested from us via firstname.lastname@example.org before checkout. All risk in the Product shall pass to the customer upon delivery or collection.
For more details on delivery, please refer to the Delivery Information page.
DISCOUNTS, PROMOTIONS AND SALES
All discount offers exclude “Promo” or “Sale” items, unless otherwise specified. All pricing can be confirmed on the Website, at our physical store or via email@example.com. All special offers are subject to stock being available.
The Ginger Tree does not accept returns or refunds on any items (including gift vouchers) purchased through the Website or our physical store. All items purchased at our physical or online locations are sold “as is,” without warranty, and cannot be returned. Please check your order carefully before making payment. You may cancel or make changes to an order before payment has been made, under “My Account”. Once payment has been made, we regret an order may not be cancelled or refunded.
As well as the above, The Ginger Tree does not accept returns, refunds or cancellations on the following items: custom orders, custom refurbishments, custom upholstery, custom cushions, or customer’s own material (COM) pieces. Please see full terms and conditions relating to this on the Custom Orders page.
Shipping/delivery and handling charges are non-refundable, unless the item received is damaged, defective or incorrect. If your order is being delivered, please check items carefully before signing for them. The Ginger Tree is not responsible for any damages that may occur during transportation or handling. Once the items have been signed for, The Ginger Tree and any third-party delivery services will not be held liable for damages or defections. If collecting your order from the store, please check items carefully before leaving the store.
Vouchers are only valid for the period stipulated on the voucher (usually 3 months). Vouchers can be used EITHER on the website OR at our physical store. Vouchers are not refundable. Vouchers may only be spent on one occasion, regardless of whether the full value was spent or not. Unfortunately, lost vouchers cannot be replaced.
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Ginger Tree. The Ginger Tree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Ginger Tree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Zimbabwe.
If you have any questions about these Terms and Conditions, please contact us on firstname.lastname@example.org.