Terms & Conditions
1. About the Website
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1.1 Welcome to www.treasuredgardens.com.au (the ‘Website’). Treasured Gardens and Treasured Gardens Organics contains a shopping website offering you, the one utilising this service (‘you’), the opportunity to browse, select and order Products (‘Products’) that are available on the website from Treasured Gardens Organics (‘us’ or ‘we’).
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1.2 Access to and use of the Website, or any of its associated Products or services is by agreement with the terms and conditions stated below, by you. Read these terms and conditions (‘Terms’) carefully. Using, browsing and/or reading the Website, signifies that you have read, understood, accept and agree to comply with the Terms. If you do not agree with the Terms, you must cease using the Website, or any of the services provided by the Website, immediately.
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1.3 Treasured Gardens Organics reserves the right to update any of the Terms at any time without notice. Any changes to the Terms take immediate effect from the date of their publication on the Website. Continued use of the Website and its services by you is agreement to the current Terms displayed on the Website at time of use. As Terms may be different from the last time you processed an order we recommend reading the Terms before placing a new order. The Terms that will apply to all orders are the ones that are current on the Website at the time an order is placed.
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2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website, registering to become a member of the Website and its associated services and using the Website to obtain Products.
2.2. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you on any of the pages.
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3. Registration to use the Ordering Process
3.1. In order to access the Ordering Process, you must register as a member of the Website. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.2 Personal information about you will be required to be entered when registering, such as identification and contact details. Personal information provided will be held and used by us in accordance with our Privacy Policy.
3.3. You agree that any information you provide in the course of completing the membership registration process will always be accurate, correct and up to date. You may update, edit or delete the membership account you have, at any time through the Website.
3.4. You may only use the Website and accept the Terms if:
(a) you are of legal age to form a binding contract with us; and
(b) you are competent in contract matters.
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4. Obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Website and Ordering Process only for purposes that are permitted by:
(a) the Terms;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the membership account;
(c) any use of registration information that you used, by any other person, or third parties, to access and use the Website is strictly prohibited. You agree to immediately notify us of any unauthorised use of the password or email address you used, or any breach of security of which you have become aware.
(d) access and use of ordering Products through the Website is limited to one active account which is non-transferable and allows for the sole use of the Website by you. You may delete the account registered by you, at any time through the Website.
5. Purchase of Products and Returns Policy
5.1. In using the Ordering Process (as explained on the Website) to purchase Products through the Website, you agree to the Terms and payment of the purchase price ('Purchase Price') listed on the Website for the Product.
5.2. Unless alternative trading terms have been agreed to, payment of the Purchase Price is made through Stripe (the 'Payment Gateway Provider'). In using the Ordering Process to obtain Products, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
5.3. The charge for an order you place, will appear on bank or card statements as Treasured Gardens. We accept the following credit/debit cards:
(i) Visa; and
(ii) Mastercard.
5.4. We reserve the right to accept or reject an order you place for any reason, for example, if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an order you place.
5.5. Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with the Terms. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit the order.
5.6. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.
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5.7. All reasonable effort is made to ensure the information on this site is complete and reliable, however there may be typographical errors, pricing errors and other errors or inaccuracies. Any errors we will seek to correct in a timely manner. We also reserve the right to revoke any stated offer and to make changes to prices or content or Product descriptions at any time without obligation to issue any notice of such changes, for example, after an order has been submitted, shipped or received.
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5.8. You can return a Product that was provided to you under the Terms, because it is defective, or because it is not the Product which you ordered. The Product must be returned to us, by you within seven (7) days, before a refund is issued. The Product packaging must be unopened and remain in a saleable condition for Products without defect.
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5.9. You acknowledge and agree that you are liable for any costs associated with returning any Product for refund pursuant to this clause.
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6. Collection of Products
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6.1. You agree to comply with collection requirements specified. We take no responsibility for spoilage of cold or frozen goods not collected within the specified collection time.
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7. Cancelling an order
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7.1. We may cancel an order or part of an order (this also consists of any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Website in relation to the relevant Product in that order; or
(c) that order has been placed in breach of the Terms.
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7.2. If we cancel an order (where a Product is unavailable or there is a pricing or product description error) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, will be refunded to your original payment method or through an agreed alternative means.
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7.3. If you cancel an order before closing of orders (this closing time being 9pm the Sunday following opening of orders) in respect of which we have taken payment, then the full payment amount, less a $10 cancellation fee, will be refunded to your original payment method which may take 3 – 5 days, or at our discretion, through an alternative means. The cancellation fee is a small fee to cover our time and the fees we incur for debiting and refunding credit cards. Cancellation of an order with refund after orders have been processed will be at our discretion and will incur a higher cancellation fee to cover Products that we don’t carry.
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8. Privacy & Security
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8.1. Privacy is important to us and the personal information you provide will be managed in accordance with our privacy policy. Our privacy policy is available on the Website and forms part of these Terms. You acknowledge that you comprehend and agree to our privacy policy.
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8.2. We store the personal information collected during the Membership registration process, order process and other contact points from the Website in our database. The information is stored in our database for the processing of orders and so we can communicate with you in relation to orders. The system is password protected and all reasonable steps are taken to ensure personal information is protected from misuse, loss, unauthorised access, modification or disclosure.
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8.3. To ensure protection of credit card details, credit card payments are processed using Stripe, a secure, third party Payment Gateway Provider. This Payment Gateway Provider is compliant industry standard for secure credit card payments. Any changes or updates to your payment information need to be made via this Payment Gateway Provider. For security purposes no credit card information is stored in our database.
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9. Intellectual Property Rights
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9.1. You:
(a) acknowledge that the copyright in the Website, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent;
(c) must not frame or embed in another website any of the material appearing on this Website without our prior written consent and
(d) must not use any of the other company, product and service marks on the Website that are owned by other third parties (also consisting of our suppliers) without obtaining the relevant third party owner’s consent.
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10. Termination of the Terms
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10.1. We may terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) the provision of the Website Services to you by us is, in our opinion, no longer commercially viable.
10.2. We reserve the right to discontinue or cancel the membership you registered for on the Website at any time and may suspend or deny, in our sole discretion, access you have to all or any portion of the Website or the Products and Order Process without notice if you breach any provision of the Terms or if your conduct impacts Treasured Gardens and Treasured Gardens Organics' name or reputation or violates the rights of those of another party.
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11. General Disclaimer
11.1. You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
11.2. We will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, flavours and packaging may differ from what is displayed on the Website.
11.3. Subject to this clause all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
11.4. Use of the Website is at the risk taken solely by you. Everything on the Website is provided to you on an "as is" and "as available" basis, without warranty of any kind and is to be used in conjunction with the Terms.
11.5. You expressly understand and agree that we shall not be liable to you for any direct, indirect or incidental damages which may be incurred by you, however caused and under any theory of liability.
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Contact:
For any Terms & Conditions queries contact:
Treasured Gardens
Phone : 0499 386 914
Email: treasuredgardens22@gmail.com