TERMS AND CONDITIONS
1. About us
www.alicesgarden.com.au is a website operated by Alice’s Garden Outdoor Pty Ltd (“we”, “our”, “us”). We are registered in Australia as a company under the ACN 617 148 535. Our registered address is at 8/33-35 Sir Thomas Mitchell Road, 2026 Bondi NSW. We provide all the information you may require on our website. You should find a lot of answers in the FAQ, however if you have any unanswered query please contact us. Call us: 1300 827 171. Email us: email@example.com.
2. Ordering from us
To place an order and access to some features of our website, you must register an account with us. To register an account, you must provide us correct and up to date personal information including your name, address, phone number, and a valid email address. In addition, you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
When you place an order, you are offering to buy the product(s) from us and you will be informed the total price you have to pay including GST and any applicable delivery charges. Alice’s Garden will then send you an order acknowledgement of the products you have ordered and the price of your order to the email address provided. However, your offer will only be accepted by us only once we dispatch the good(s) you ordered and send you a dispatch confirmation. Only then will a legally binding contract be formed between us, although your payment had been processed immediately. Until then we can decline to supply the goods for any reason. For example, it may occur that the product you need is not available anymore. If this happens we will refund you the full amount you have paid to Alice’s Garden. When you place an order or at any time you are visiting our website, you must not interfere or disrupt our website or any system related to our website with the aim to create any problem on our hosting and/or data safety. When place an order on our website, you agree that you are bounded by the current Terms and Conditions applicable at the date you submit your Order.
We display the products’ availability on the website and the estimated time for your product to be delivered. Postcode restrictions may apply – you can find the postcode code restrictions in our FAQ and in delivery section below. If, for any reason, the product you have ordered is not available or subject to any delay, we will inform you as soon as possible after receiving your order. In this instance, if you are not willing to buy an alternative product from our website, we will refund you the full amount as soon as possible.
4. Images and dimensions of products
Whilst we try to be as accurate as possible on the products’ information, all sizes, weights and measurements displayed on the website are approximate only. Similarly, we do our best to display all product colours accurately, but we can’t guarantee that the image displayed on your computer will reflect the true colour of the product you will receive.
All the prices we display include GST and are in Australian Dollar. Cost of delivery depends on your location as well as weight and dimensions of your product. Delivery costs are added to product price and disclosed on the cart and on the checkout pages of website. There is FREE delivery costs for Metro Area for Sydney, Melbourne and Brisbane. Sydney Metro postcodes are 2000 – 2234, Melbourne Metro postcodes are 3000 – 3207, Brisbane Metro postcodes are 4000 – 4230. To check if your postcode is eligible for a FREE Delivery go to your cart and then enter your postcode under section Basket Totals and press Update Totals. Prices disclosed exclude other services such as installation, unless stated otherwise on the website.
We do our best to list our products with the correct price, however, in the unlikely event of a price error, we will contact you before dispatching the product and give you the option of reconfirming your order at the correct price or to cancel it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
As Alice’s Garden also operates in France, Spain, UK and Belgium you can also purchase products in those countries. Those websites are accessible through www.alicesgarden.fr by clicking on the flags on top of website’s homepage. Prices and availability of product disclosed is different for each country. Customer buying on Australian website www.alicesgarden.com.au are subject to price and availability disclosed on Australian website only. In any circumstances, customer cannot claim to use any other price or availability disclosed on any other European Alice’s Garden website.
6. How to pay
For the payment, you must possess a valid credit or debit card. You can pay with Paypal and this doesn’t cost you any extra. We do all we can to ensure your details are secure. By placing an order to Alice’s Garden, you confirm that the payment details provided on your order are correct. We reserve the right to obtain validation of your payment details before providing you with the Product.
Products ordered will be delivered to the address provided at order check out. At delivery, you will be asked to sign a proof of delivery to confirm the product has been delivered in the correct condition without any visible damages. If for any reason, you know that you won’t be at your place during the delivery, you will just have to give us the authority to leave the product(s) at your address in your absence by providing instruction when you are about to complete your order on our website. As long as you give us an authority to leave the product(s) at your address, Alice’s Garden will not be liable for any loss or damage to the products if the product(s) have been delivered as per the record of our delivery partners.
Some of the products we deliver are often large and heavy products to carry. For large size furniture, our delivery supplier will contact you directly to agree on an appropriate delivery time. If, for any reason, our delivery partner cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the Product(s) directly from our delivery partner (in case of regular parcels) or to re-arrange the delivery (in case of large items). In these situations, we reserve the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the order. If we cancel the order, we will refund your purchase price for this product after deducting the delivery costs. In certain circumstances, our delivery partners may be unable to lift it into your property, or the room of your choice. Narrow corridors, many steps or restricted parking may compromise our ability to deliver your goods. It is your responsibility to ensure that we have access to the delivery address.
Cost of delivery depends on your location as well as weight and dimensions of your product. Delivery costs are added to product price and disclosed on the cart and on the checkout pages of website. Normally, potential additional delivery fees will be displayed on the checkout page before placing the order, however, if we get this wrong, we will contact you to provide an updated delivery costs and to confirm if you still wish to proceed with the order. Additional fees due will be charged at cost. We offer FREE delivery for the Metro area for Sydney, Melbourne and Brisbane (exceptions apply, please refer to section 5 Price of our Terms and Conditions and our postcodes restrictions in the FAQs). Sydney Metro postcodes are 2000 – 2234, Melbourne Metro postcodes are 3000 – 3207, Brisbane Metro postcodes are 4000 – 4230.
Alice’s Garden offers delivery across Australia, however, we regret that the following post codes are excluded from our delivery area due to logistics reasons: 800 to 886, 2880 – 2899, 4025, 4183 – 4184, 4216, 4385 – 4498, 4507, 4581, 4680, 4700 – 4746, 4801 – 4807, 4816 – 4830, 4871 – 4876, 4880 – 4895, 5220 – 5223, 5641 – 5734, 6035- 6044, 6083 – 6084, 6112 – 6997, 7000 – 7923.
We partner with several transport companies to deliver the right service in accordance to your needs. We do our best to ensure your products are dispatched and delivered within the estimated timeframes disclosed on website. However, we can’t guarantee that we will always deliver within the estimated timescales as we unfortunately may be impacted by unforeseen issues affecting the product availability or our delivery partners. The table below provides indicative timeframe for delivery in business days per delivery area.
Delivery is deemed to be successful once the product(s) has arrived at the delivery address. If the delivery of your goods is refused or aborted at the delivery address, we reserve the right to charge for a second delivery. Our delivery obligation only stands for the first delivery attempt. Some of our products may be delivered on a free pallet with packing to protect. It is your responsibility to dispose of this ‘packaging’ and not that of Alice’s Garden Outdoor Pty Ltd.
If you want to delay your delivery, it is possible, simply let us know at check out in delivery instruction. PLEASE NOTE: for all deliveries delayed by more than one week, you will have to incur extra storage costs which vary between 5% and 15% of the amount of the order depending of your product size and duration of the holding period. Please contact us by email at firstname.lastname@example.org or call us at 1300 827 171 to know what are the holding costs for your order before you complete your order.
8. 14 day returns and refunds
If you’re not happy about your product, you must send us a notice of cancellation within 14 days of delivery to receive a refund. You don’t need to provide a reason. You may simply change your mind. You can unpack and inspect the product properly before making your decision, however all goods returned or exchanged must be in their original condition (i.e. not used, not assembled, packaging in original condition). You are responsible of the goods until they are safely received by Alice’s Garden. We accept no liability for goods lost or damaged in transit back to our warehouse. You will receive a refund only if you have not used the product and product is returned in the original packaging. Refund will be equal to your purchase price for this product less the return delivery costs and any reductions if product used.
The return delivery costs is the maximum of:
- 20% of the selling price of each product with
- OR $50 per product returned including GST
- OR the delivery cost charged on your order including GST
(i.e. if you want to return two products, 20% return cost will apply on the two products selling prices and minimum of $50 per product returned).
For the product return, our Customer Service Team will organise the collection and delivery to our warehouse. Please contact us at email@example.com or call our Customer Service Team at 1300 827 171. Alternatively you can return the product yourself to our warehouse located at Erskine Park 2759 NSW.
We will make your refund within 14 days of reception of the goods in our warehouse.
The easiest way to let us know that you would like to cancel your contract is to complete the 14 day return form at http://alices56gardou.wpengine.com/14-day-return/. Here is the information we would need from you:
- Email address
- Order date
- Order number
- Goods reception date
- Your name
- Delivery address
- Goods that you would like to return
9. Faulty products and warranty
If you return a product because it is faulty or not as expected, we are under legal duty to provide you a product that is of satisfactory quality and as expected. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
In addition to your legal rights, Alice’s Garden is proud to offer a 1 year manufacturer warranty on all of its products except umbrellas and gazebos fabric which are under 6 month warranty, from the date of purchase as per disclosed on invoice. If you notice that your product is faulty, just contact us and we will sort this for you. You will have to send us a picture and explain us in details the issue to ensure we fully understand what’s wrong and set up the right solution. Depending on the situation, we will send you spare parts, or exchange your faulty product with a new one.
Our warranties only cover domestic use; items for use in commercial properties will not be covered. Works undertaken during the warranty period are not necessarily free of charge. If the problem is due to misuse (including commercial use instead of domestic use) rather than a manufacturing fault, the guarantee won’t apply. Damages due to weather conditions are not covered by the manufacturer warranty. Please refer to the product instructions manual if you require more information about the products and the way it should be used. If you have customised or amended your product, the product won’t be covered by the warranty.
In order to claim a warranty, you need to inform us maximum 30 days after noticing the product’s problem. In addition, you will have to provide your invoice for any claims. Once the warranty claim is validated by Alice’s Garden and that it is agreed that the appropriate solution is not to send you spare parts or exchange your faulty product with a new one, Alice’s Garden has the discretion to provide you with a refund, offer a store credit valid for 6 month or a product replacement as required under the Law if:
- The product is not of acceptable quality as defined under the Australian Consumer Law;
- The product delivered does not match the description on the website. Alice’s Garden reserves the right to not validate warranty claims related to small colour variations due to computer or mobile device screen settings; or
- The product is unsafe
If a refund, a store credit or replacement is applied as part of this warranty, Alice’s Garden may require the return of the product before refunding or replacing it, as long as this is permitted by the Law. In this instance only, Alice’s Garden will cover the return delivery costs and will manage the collection and return delivery to our warehouse with our delivery partner. In the event of a refund, we will make your refund within 14 business days of reception of the goods in our warehouse. In the event of a store credit this will be valid for 6 months post of your original purchase date. In the event of a replacement, products are subject to the same warranties as the original product for the remaining warranty period based on your purchase date.
The easiest way to let us know that you would like to do a warranty claim is to complete the warranty form at http://alices56gardou.wpengine.com/warranty-form/.
10. Warranty of legal conformity
Our products comply with different norms and have security certificates: Trampolines: EN71-14 standards / 2009/48 / CE and the security standards certificates of CE / ITS France.
11. Discount codes
We may offer discount codes from time to time on selected products. Discount codes will be available for limited time and subject to product availability. We may withdraw these codes at any time. Discount codes can only be redeemed on our website www.alicesgarden.com.au and you can only use one discount code per order. We’ll also sometimes create some unique discount codes, generated especially for you. Whilst we may email those discount codes to you we accept no Liability for errors in the email address of the voucher recipient. Those discount codes can only be used once. Just write down your code on the basket page when you place your order. In the event of fraud or if suspicion of any illegal activities related to your discount code we are allowed under our Terms and Conditions to close your account. We assume no Liability for the loss, theft or illegibility of any discount codes.
12. Your personal information
We require some information about you to enhance our relationship with you, process your order, confirm your identity, ensure a secure payment and reduce fraud risks. We may take further action against customers identified to be making fraudulent transactions. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method.
You are accountable for the activity that occurs on your account and you must keep your account password secure. Alice’s Garden is not accountable for any unauthorised activity on your account if you fail to keep your login information safe. If we notice any abnormal or illegal activity on your account, we may notify the relevant authorities. If you are aware of any suspicious activity on your account, please let us know immediately, then close your account and create a new one. In addition, you must not use any other person’s account without our and/or the other person’s consent.
13. Your account registration
To be allowed to create your account on our website, you must be over 18 years old. Each account must be used by a single user only. You should not share your username and password with any other person. You are responsible for the security of your password. We can cancel or suspend your account at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
14. Governing law and jurisdiction
These terms and conditions, agreement and all non-contractual relationships between you and us shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales. In the event of any dispute under this agreement the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising related to the Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules. We do not guarantee that the products we sell through this website are appropriate or available for delivery and use outside Australia. If you access this website from locations outside the Australia, you are responsible for compliance with local laws.
Alice’s garden Outdoor Pty Ltd does not warrant that its website will be available at all times and without disruption. We provide no warranties in relation to the content of any other website linked to or from our website. In addition, information about goods on our website is based on material provided to Alice’s Garden Outdoor Pty Ltd by our suppliers. Except as required by the Australian Consumer Law, we can’t be held responsible for any inaccuracies or errors caused by incorrect information provided to us by our suppliers.
You acknowledge and agree that:
- The copyright in the data, text, photos and videos used on our website belongs to us or our suppliers. In any circumstances, you are not allowed to copy, sell or disclose any of the material disclosed on this website without any prior written consent from Alice’s Garden Outdoor Pty Ltd or our suppliers.
- We may change our website and terms and conditions without giving you notice. However, the terms and conditions applicable when you have placed your order will continue to apply to the products you have ordered.
- As a user of our website, you warrant to Alice’s Garden that you will not use our website in any manner which could damage our brand and/or our website, or interfere with any other third party using our website.
- As part of the service provided through our website you have access to several communication channels such as live chat, emails, and customer reviews. We reserve the right to review information posted by our customers or prospective customers through those communication channels and to remove any information at our sole discretion. We also reserve the right to terminate your access to those communication channels without notice should we consider that you have an inappropriate use of this service.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Alice’s Garden shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen.
Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our liability for fraud, death or personal injury caused by our Breach of Duty, any breach of the obligations implied by law; or any other Liability which cannot be excluded or limited by applicable law. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill. Alice’s Garden does exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. In addition, you should not rely on any information accessed using the website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information. We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
A provision of this Agreement that is or becomes invalid or unenforceable in any way is to be severed to the extent possible and necessary to make this document enforceable. The remaining provisions will not be affected and this document will be interpreted so as to most nearly give effect to the intentions of the parties as it was originally signed. Without limitation to the generality of this clause, any term or part of a term that is contrary to the provisions in the Competition and Consumer Act 2010 may be severed to the extent possible and necessary to make this document enforceable.
If any law relating to unfair contract terms would otherwise make a provision of these terms and conditions void, that provision is to be read down and construed as if it were varied, to the minimum extent necessary, so that the law does not make the provision void. This clause applies before any other reading down or severance provision in these terms and conditions.
- The Promoter is Alice’s Garden Outdoor Pty Ltd (ABN 94 617 148 535) of 54 – 33-35 Sir Thomas Mitchell Road, Bondi, NSW 2026. Phone: 1300 827 171.