Terms & Conditions

These Terms and Conditions govern Your use of the Elf Survival Box Website, including the placing of an Order and the purchasing of an Item. By using the Elf Survival Box Website, You agree to be bound by these Terms and Conditions without limitation. If You do not accept these Terms and Conditions, You must cease using the Elf Survival Box Website.


In these Terms and Conditions, unless a contrary intention appears:

“Agreement” means these Terms and Conditions and all materials referred to or linked to in these Terms and Conditions including, but not limited to, the Privacy Policy;

“Business Day” means a day that is not a Saturday, Sunday or public holiday in Western Australia;

“Contract of Sale” means a contract between You and Elf Survival Box for the sale of an Item;

“Delivery Agent” means any third party delivery or shipping company nominated by Elf Survival Box

“Delivery Fee” means each fee charged by a Delivery Agent for the delivery of Items in accordance with clause 5.3, as amended from time to time;

Delivery Address means the address to which the Items are to be delivered as stated in each Order;

“GST” means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999;

“Intellectual Property Rights”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

“Item” or “Items” means any goods listed for sale on the Elf Survival Box

“Listed Sale Price” means the price at which an Item is listed for sale in a Listing;

“Listing” means a listing on the Elf Survival Box Website through which Elf Survival Box
offers to sell an Item to You;

“Order” means an offer by You to Elf Survival Box to purchase an Item at the Listed Sale Price;

“Party” means Elf Survival Box and / or You as the context requires;

“Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by Elf Survival Box for the purposes of the Agreement;

“Privacy Policy” means Elf Survival Box Privacy Policy available on the Elf Survival Box

“Sale Item” means an Item purchased at a reduced price from the Listed Sale Price as a part of a sale or other promotional activity;

“Elf Survival Box ” means Mozo Trust + The Harris Trading Trust ABN 32 399 244 773 as trading as Elf Survival Box ;

“Elf Survival Box ” means the online community known as “Elf Survival Box Community” operated by Elf Survival Box via the Elf Survival Box Website, through which a Elf Survival Box Community Member can receive:

a) newsletters;

b) details of new Listings; and

personalised use of the Elf Survival Box Website.

“Elf Survival Box Website” means the internet site owned by Elf Survival Box and operating under the URL www.elfsurvivalbox.com.au;

“Terms and Conditions” means these terms and conditions of use of the Elf Survival Box Website; and

“You” and “Your” are a reference to you.


You represent and warrant that You are at least 18, alternatively at least 21, years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to access the Elf Survival Box Website and to enter into legally binding contracts under applicable law.


3.1 Listings on the Elf Survival Box Website are merely an invitation to treat and do not represent an offer capable of acceptance.

3.2 You can place an Order by submitting the online order form available on the Elf Survival Box Website.

3.3 You agree to provide in each Order complete and accurate information as to Your personal details (or those of Your nominated recipient for an Item) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfill delivery of Your Order. Elf Survival Box will not be liable to You for Your loss or that of any third party for a delay in processing or failure to process an Order or delay in delivery of an Item to You (or Your nominated recipient) to the extent to which that delay or failure is directly or indirectly due to inaccurate or incomplete personal details provided to You with respect to an Order.

3.4 An Order submitted by You on the Elf Survival Box Website is an offer by You to purchase an Item for the Listed Sale Price (plus any Delivery Fee if applicable).

3.5 After placing an Order, You will receive an email from Elf Survival Box confirming Your Order details. This does not mean that Your Order has been accepted.

3.6 You agree to obtain the consent, from any nominated recipient of an Item, to the provision to Elf Survival Box of personal details of Your nominated recipients of Items.

3.7 Once You submit an Order, cancellation of Your Order or changes to any Item specified in Your Order cannot be made (unless changes to the Order are made by agreement with Elf Survival Box).


4.1 Elf Survival Box reserves the right to accept or reject Your Order for any reason at any time.

4.2 If Elf Survival Box is willing and able to supply to You Items specified in Your Order, Elf Survival Box will email You to confirm acceptance of the Order (“Order Confirmation”).

4.3 A Contract of Sale will be formed when Elf Survival Box sends You the Order Confirmation. Your Order will be assigned an order number and Elf Survival Box will inform You of it in the Order Confirmation. Please quote the relevant order number in any subsequent correspondence with Elf Survival Box relating to an Order.

4.4 The Contract of Sale will relate only to those Items referred to by Elf Survival Box in the Order Confirmation.

4.5 If You place more than one Order, You will, unless otherwise advised by Elf Survival Box, receive from Elf Survival Box a separate Order Confirmation and receipts with respect to each Order.

4.6 If Elf Survival Box is unable to complete an Order, the Order will lapse and a full refund of the Listed Sale Price will be made to You. You acknowledge that a refund of the Listed Sale Price for an Item is the only recourse in the event that Your Order is not accepted. All other liability is excluded.


5.1 Elf Survival Box uses Delivery Agents to deliver Your Items. You agree to Your details including Your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering Your Items.

5.2 Where applicable, a tracking number will be provided to You once Elf Survival Box has shipped the Order.

5.3 Subject to clause 5.4 the Delivery Fee for an Order is:

a) Australia wide: Regular post $15.75 per order, Express post $19.75 per order
b) International: New Zealand; Regular post $29.80, Express post $44.80 per order

5.4 Elf Survival Box reserves its right to increase the Delivery Fee if:

a) the quantity of Items in Your Order is large and Elf Survival Box is required to package Items separately;

b) Your Order is subject to customs fees, import duties and / or taxes of the country to which You have Your Order shipped;

c) delivery of an Item is to an area outside of a metropolitan region; and / or

d) delivery to You of Your Items otherwise causes Elf Survival Box to incur costs or expenses additional to the usual costs involved in delivery of an Item.

5.5 Elf Survival Box aims to achieve the delivery time frames set out below:

a) Australia wide: 1-5 Business Days;

b) New Zealand: Express 5-8 Business Days; Regular 7-12 Business Days

5.6 From time to time, Elf Survival Box may not be able to achieve the delivery time frames specified in clause 5.5. You acknowledge and agree that notwithstanding anything else in in clause 5:

a) Elf Survival Box cannot guarantee that delivery will occur in the delivery time frames specified in clause 5.5;

b) delivery time frames may change from time to time due to unforeseen circumstances;

c) Elf Survival Box is not liable for any loss, damage, cost, expense or injury You suffer or any third party suffers as a result of a change in delivery times or a delay in delivery; and

d) Elf Survival Box does not guarantee the success of international delivery nor does it warrant that it will be able to deliver Items to every international destination.

5.7 If You are not personally available to accept delivery, You may appoint a representative to do so in Your place. The representative must be over 16 years of age and capable of receiving delivery on Your behalf, and You agree that Elf Survival Box is entitled to rely on the representative’s instructions as if they were Your own.

5.8 You or Your nominated representative may be required to sign a delivery manifest to confirm that delivery has taken place. If You or Your nominated representative refuse to sign the delivery document, this will be taken as refusal to accept delivery.

5.9 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for You to collect the Item from a local post office. It is Your responsibility to follow the instructions stated on the calling card.

5.10 Where redelivery is required for any reason, You may be required to pay any associated fees for redelivery.

5.11 It is Your responsibility to ensure that each delivery address specified in an Order is correct. Elf Survival Box has no responsibility with respect to Items delivered to an incorrect address as a result of incorrect information provided by You.

5.12 Risk and title in each Item passes to You on the date and at the time of delivery of the Item to the Delivery Agent for delivery to You.


6.1 All Listings and Listed Sale Prices are quoted in Australian dollars and are inclusive of GST.

6.2 The price applicable to an Item ordered by You shall, except in the case of an obvious error, be the Listed Sale Price on the Elf Survival Box Website at the time You submit Your Order for the relevant Item.

6.3 The Listed Sale Price of Items is subject to change without notice but changes will not affect Orders in respect of which You have received an Order Confirmation from Elf Survival Box.

6.4 It is Your responsibility to:

a) ensure there is sufficient clear credit available in Your nominated credit / debit card account to meet the Listed Sale Price at the time of placing the Order; and

b) check the amounts debited in the Your account statement provided by Your credit / debit card issuer, since if there is insufficient credit in the Your nominated account or You gave Elf Survival Box incorrect account details, You may be charged a fee by Your credit / debit card issuer due to the failed or incorrect payment.


7.1 Elf Survival Box is ineligible for returns but if you are really not satisfied with your Elf Survival Box please contact us at hello@elfsurvivalbox.com.au


8.1 You alone (not Elf Survival Box) are responsible for ensuring that placement of an Order and any other activities conducted by You on the Elf Survival Box Website are lawful. You must also ensure that You strictly comply with these Terms and Conditions.

8.2 When accessing and using the Elf Survival Box Website, You must:

a) not attempt to undermine the security or integrity of Elf Survival Box computing systems or networks or, where the Elf Survival Box Website is hosted by a third party, that third party's computing systems or networks;

b) not use, or misuse, the Elf Survival Box Website in any way which may impair the functionality of the Elf Survival Box Website or impair the ability of any other user to use the Elf Survival Box Website;

c) not attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Elf Survival Box Website is hosted;

d) not transmit, or input into the Elf Survival Box Website, any:

i. files that may damage any other person's computing device or software;

ii. content that may be offensive; or

iii. material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);

e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Elf Survival Box Website.

8.3 You acknowledge and agree that:

a) all pictures and images of Items displayed on the Elf Survival Box Website are for illustration purposes only, and the sizes and dimensions of the actual Items may be different;

b) You have read any corresponding written description of the Items prior to submitting Your Order;

c) the colour of the actual Item may vary in shade, tone or density from the colour as depicted on the Elf Survival Box Website;

d) where dimensions or other measurements are provided in the description of an Item, it is Your responsibility to ensure that the actual size of each Item is suitable for Your purpose prior to submitting Your Order (including whether the Item will be capable of delivery to Your Delivery Address due to sufficient, appropriate and safe access); and

e) any accessory featured with the Item is for illustration purpose only, and may be sold separately.


9.1 Title to, and all Intellectual Property Rights with respect to, the Elf Survival Box Website and any associated documentation are the property of Elf Survival Box and may not be used or reproduced in full or in part without Elf Survival Box’s prior written notice.

9.2 You may not, unless expressly permitted by the Agreement, use the Elf Survival Box Website, or the material contained in it (“the Material”), for any purpose. This includes:

a) the reproduction of the Material in any material form;

b) the distribution of the Material in any material form;

c) re-transmission of the Material by any medium of communication;

d) uploading and / or reposting the Material to any other site on the Internet; or

e) “framing” the Material with other material on any other Internet site.

9.3 You may not modify, copy or otherwise commercialize:

a) the layout of the Elf Survival Box Website; or

b) any computer software or code contained in the Elf Survival Box website.

9.4 Elf Survival Box is in no way associated with Elf on the Shelf ® the product. Elf Survival Box is a support product that was created to help with your Elf on the Shelf.


10.1 To the maximum extent permitted by law, Elf Survival Box excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Elf Survival Box Website.

10.2 If You suffer loss or damage as a result of Elf Survival Box’s negligence breach of contract or other act or omission that cannot at law be avoided pursuant to clause 11.1, any claim by You against Elf Survival Box arising will be limited in respect of any one incident, or series of connected incidents, to one thousand Australian dollars ($1,000.00).


11.1 You agree to release, indemnify and keep indemnified Elf Survival Box from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Elf Survival Box arising out of or in connection with Your:

a) failure to comply with the Agreement;

b) failure to complete a transaction;

c) use of the Elf Survival Box Website;

d) purchase of an Item; and

e) infringement of the intellectual property, privacy or confidentiality rights of a service provider or any third party.

11.2 Elf Survival Box cannot guarantee uninterrupted, timely, secure or error free access to the Elf Survival Box Website, and its operation may be interfered with by numerous factors outside of Elf Survival Box control.

The Elf Survival Box Website may include links to other websites maintained by third parties which are not under the control of Elf Survival Box (“Linked Sites”). Elf Survival Box makes available Linked Sites to You solely as a convenience, and the inclusion on the Elf Survival Box Website of links to Linked Sites does not imply endorsement by Elf Survival Box of the Linked Sites. Linked Sites are not under the control of Elf Survival Box and Elf Survival Box is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the Elf Survival Box Website.


You warrant that where You have placed an Order on behalf of another person or entity, You have the authority to agree to these Terms and Conditions on behalf of that person or entity and agree that by placing an Order You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms and Conditions, without limiting Your own personal obligations under these Terms and Conditions.


To the maximum extent permitted by law, any statutory consumer guarantee or statutory provision intended to protect non-business consumers in any jurisdiction does not apply to the Agreement.


Privacy is very important to Elf Survival Box. Elf Survival Box will only provide Your Personal Information to related third parties such as its service providers (including, but not limited to, credit card providers, processors and Delivery Agents) and limited personnel within the Elf Survival Box organisation. Elf Survival Box will use Your Personal Information only as described in the Elf Survival Box Privacy Policy [🡨 hyperlink to PP]. For a complete description of how Elf Survival Box will use and protect Your Personal Information, see the Privacy Policy. If You object to Your Personal Information being transferred or used in this way please do not use the Elf Survival Box Website.


16.1 Without limiting other remedies available to Elf Survival Box at law, in equity or under the Agreement, Elf Survival Box may, without notice to You and at Elf Survival Box’s sole discretion, issue You a warning, restrict Your activities through the Elf Survival Box Website or temporarily prohibit or indefinitely prohibit Your use of the Elf Survival Box Website where:

a) You have, or Elf Survival Box believes that You have, breached the Agreement, which includes any of Elf Survival Box’s policies, in any way;

b) Elf Survival Box is unable to verify or authenticate any information You provide to Elf Survival Box; or

c) Elf Survival Box believes that Your actions may cause loss or damage to or otherwise unlawfully harm You, third parties or Elf Survival Box, Elf Survival Box’s related bodies corporate or affiliates, directors, employees or agents.

16.2 For security, confidentiality and privacy reasons, Elf Survival Box is not obliged to provide You with the details of any investigation that Elf Survival Box may conduct or any action which Elf Survival Box may take, in relation to Your use of the Elf Survival Box Website.


17.1 If You require technical help with the Elf Survival Box Website, please check the support provided by Elf Survival Box on the Elf Survival Box Website or failing that email us at hello@elfsurvivalbox.com.au.

17.2 Whilst Elf Survival Box intends that the Elf Survival Box Website should be available 24 hours a day, seven days a week, it is possible that on occasions the Elf Survival Box Website may become unavailable in order to permit maintenance or other development activity to take place. If for any reason Elf Survival Box has to interrupt the Elf Survival Box Website for longer periods than Elf Survival Box would normally expect, Elf Survival Box will use reasonable endeavours to publish in advance details of such interruption on the Elf Survival Box Website.

17.3 Please contact Elf Survival Box on hello@elfsurvivalbox.com.au if You suspect any abuse or misuse of the Elf Survival Box Website so that Elf Survival Box is able to notify the relevant authorities.


The Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between You and Elf Survival Box relating to the Elf Survival Box Website and any other matter dealt with in the Agreement.


If Elf Survival Box waives any breach of the Agreement by You, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.


Elf Survival Box reserves the right to change these Terms and Conditions by publishing them on the Elf Survival Box Website:

a) without giving You notice; and

b) without giving You any explanation or justification for such change.


The Agreement is governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Agreement.


If any part of the Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.


23.1 You acknowledge and agree that any notice given under the Agreement by either Party to the other must be in writing by email and will be deemed to have been given on transmission.

23.2 Notices to Elf Survival Box must be sent to hello@elfsurvivalbox.com.au or to any other email address notified by email to You by Elf Survival Box. Notices to You will be sent to the email address which You provided when placing an Order.