Terms of Trade
ABN 85 773 442 579
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, Us, Our and We refers to Fairy Gardening Australia and You and Your refers to you, the client, visitor, website user or person using our website.
The information contained in this website is for general information purposes only and is provided by Fairy Gardening Australia. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of Fairy Gardening Australia. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Fairy Gardening Australia takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Fairy Gardening Australia’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that Fairy Gardening Australia is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Fairy Gardening Australia’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Disclaimer – If purchasing our products for children, it is important to consider their age and stage of development. It is the responsibility of the parent/guardian/carer to gauge the suitability of our products. Our products may contain small pieces or sharp edges and may not be suitable for children under the age of 3 years. We recommend that children wear protective clothing (e.g. shoes, hat and sunscreen) when creating their miniature gardens outdoors.
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misrepresentation, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. Please allow for slight colour variations due to the differences in your computer monitor settings.
Retail prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our prices can be accessed from our product pages and we reserve the right to amend our prices at any time.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
Postage and packaging is an additional charge which which will be calculated at the time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address and telephone contact. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We accept payment via Paypal, Afterpay and Credit Card. Part payments not accepted.
We reserve the right to reject your offer to purchase and are not required to give reasons.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Fairy Gardening Australia.
It is the responsibility of the purchaser to ensure that the shipping information provided is correct. We take no responsibility for parcels sent to an incorrect address due to you entering incorrect shipping information or returned to Fairy Gardening Australia due to non-collection of carded parcels. Additional shipping charges are payable by the customer for parcels to be re-sent.
Title of the goods passes to you when we have received payment. All risk of loss or damage to the goods passes to you when we dispatch the goods. All parcels will require signature upon delivery unless otherwise requested by the customer.
Returns and Refunds
Fairy Gardening Australia handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
We undertake to replace or refund for you any product delivered to you that is faulty, does not match the description on our website or is in a damaged condition (excluding goods damaged during transit). A photo of the faulty or damaged product/s will be required.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you via the original method of payment for the amount of the purchase including packaging and postage charges. You also have the option to receive a refund or a store credit (even if a replacement is available). We will reimburse return postage charges for faulty or damaged items.
Should you wish to return your order, please notify us within 30 days of receiving your order with a valid reason for return. Goods must be returned in original packaging. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Goods returned that have been paid for via Afterpay payment method will incur a 7% non-refundable fee to cover fees and administration charges. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Fairy Gardening Australia. Return shipping charges are the responsibility of the purchaser when goods are returned for reasons other than damage or fault. We will not accept any returns shipped in a satchel or padded post bag. All returns must be shipped in a box, well packed and include a note with your order number and name.
In accordance with Australian Consumer Protection legislation, consumer guarantees do not apply if you:
- got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
- misused a product in any way that caused the problem
- knew of or were made aware of the faults before you bought the product
It is the responsibility of the customer to read the product description fully prior to purchase. Care instructions for each item are provided on each product listing. It is the responsibility of the customer to follow the care instructions provided.
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
Links to Other Websites
Fairy Gardening Australia may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Fairy Gardening Australia and the owners of those websites. Fairy Gardening Australia takes no responsibility for any of the content found on the linked websites.
Fairy Gardening Australia’s website may contain information or advertisements provided by third parties for which Fairy Gardening Australia accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a recommendation only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Fairy Gardening Australia absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Fairy Gardening Australia gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Fairy Gardening Australia to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Fairy Gardening Australia’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Fairy Gardening Australia collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Disclose Your Information
Fairy Gardening Australia may be required, in certain circumstances, to disclose information in good faith and where Fairy Gardening Australia is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Fairy Gardening Australia. Fairy Gardening Australia expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Fairy Gardening Australia will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Fairy Gardening Australia reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, Trademark and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Fairy Gardening Australia expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Fairy Gardening Australia concerning your use and access to Fairy Gardening Australia’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and Fairy Gardening Australia that results in litigation then you must submit to the jurisdiction of the courts of VIC.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. Fairy Gardening Australia’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Storage and Security of Your Information
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (Personal Data).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
Disclosure of Your Information
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Fairy Gardening Australia, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Fairy Gardening Australia, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
This website and its contents are the copyright of Fairy Gardening Australia © 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.