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0458 361 023

Alternative # 0409 361 023

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Online Store Terms

The following Terms, together with our Privacy Policy and Website Use Terms apply to your access to and use of our online shop and the supply of goods ordered via our shop. By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.  

While you should ensure you are comfortable with all our Terms, here are some quick links to key sections:   


Delivery/Shipping

Returns - Buyers
You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age.  By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading. You agree to deal with us in good faith and in compliance with all applicable laws.  We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.


Orders

You must register with our website to be able to make purchases from our online store.  Once you submit an order, you cannot cancel it.  All orders are subject to acceptance by us, at our discretion.


Special Offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.


Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable.  All prices are subject to change without notice.


Payment

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order by the payment gateways. Delivery will commence once payment has been processed/validated. Our payment gateways accept payment by Visa, MasterCard and American Express. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.

Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.


Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.


Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.


Delivery/Shipping

We ship within Australia only. We use Australia Post deliveries within Australia. To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering.

We use all reasonable efforts to dispatch orders within 2 business days of the purchase date. Most orders should arrive within 2 to 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by the email form on this site or calling our phone number (within Australia if number is displayed on site). Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with our courier or carrier and advise you of any issues that are discovered.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.

If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when Australia Post tries to deliver your order, they will generally leave a card.  You must then contact the freight carrier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact the freight carrier within the time specified in any “article awaiting collection” notice left at the time of delivery.


Free Shipping Promotion

From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.


Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date.  We may ask you to provide proof of the damage, as a condition of refund or replacement. 


Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.


Title

Goods ordered by you remain our property until you pay for them in full.


Product Warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.  Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.    


Returns

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

  • The items are returned within 30 days of the purchase date and the original sales receipt is present.
  • Items must be in original condition as purchased, with all labels/tickets attached.


Contact us and we will provide you with an address to return the item/s to.

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

Packaging Problems Please check your items against your receipt. If there are any discrepancies please contact us as soon as possible and within 30 days of purchase date.

You can exchange or return your online order to either the online store or our physical store with the original receipt you receive in your parcel subject to the terms of this section. Goods bought at a physical store must be returned to a physical store and cannot be returned to our online store. Orders from the Official eBay Store cannot be exchanged or refunded in store. You must return your eBay online order to the online store. We do not offer refund or exchange for change of mind purchases.

To obtain a refund via this store, please contact us to receive return instructions. After we receive your return package your refund/exchange will be processed and new item sent back out to you (where available) or we will credit your credit card, excluding delivery charges (unless goods are faulty or not as ordered). You will be charged an additional fee for redelivery.


Limitation of Liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.


Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.


Vouchers

If we issue you a voucher to redeem against the future purchase of goods, our Voucher Terms and Conditions


Notices To You

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.


Excusing Events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.


Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.


Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.


Applicable Law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. This website makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, this website does not warrant that:
  •     this website will be constantly available, or available at all; or
  •     the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations Of Liability

This website will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  •     to the extent that the website is provided free-of-charge, for any direct loss;
  •     for any indirect, special or consequential loss; or
  •     for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
This website, the owner and our staff neither purport, nor intend to give any accounting, legal, taxation or investment advice. It is recommended that you seek professional advice from an independent, licensed, qualified investment adviser, accountant or legal practitioner prior to implementing any investment programme or financial plan. In no way is it the intention of this website, the owner or our staff to encourage users of this website or our educational materials to evade tax or any lawful responsibility they may have.
These limitations of liability apply even if this website has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
  •     death or personal injury caused by this website’s negligence;
  •     fraud or fraudulent misrepresentation on the part of this website; or
  •     matter which it would be illegal or unlawful for this website to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as an entity, this website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against this website’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect this website’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as this website.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Introduction

Gardenacious is committed to protecting any data that we collect concerning you. By using my services you agree to the use of the data that we collect in accordance with this Privacy Policy. We are committed to protecting your privacy We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us the right to collect that information

Information Collected

We may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, fax number and email address, together with data about your use of the website. Other information that may be needed from time to time to process a request may also be collected as indicated on the website.

Information Use

We use the information collected primarily to process the task for which you visited the website. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Cookies

Your Internet browser has the in-built facility for storing small files - cookies - that hold information which allows a website to recognise your account. Our website takes advantage of this facility to enhance your experience. You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.

We may from time to time provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

Disclosure to Law Enforcement

Gardenacious may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please contact us here. You can also correct any factual errors in that information or require us to remove your details form any list under our control.

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