TERMS OF SERVICE FOR USING WEBSITE
Overview:
This website is operated by Future Environment Garden Builders Pty Ltd (ACN 609 754 074), trading as Woomargama Station (referred to throughout the website as ‘we’, ‘us’ and ‘our’). We offer this website, including all information, tools and services available on the website to you, the user, on the terms and conditions stated herein (Terms of Use).
By visiting the website, you agree to be bound by the Terms of Use, including those additional policies expressly referred to herein. The Terms of Use apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms of Use carefully before accessing or using the website. If you do not agree to the Terms of Use, then you must not access the website or use any of our services. You can review the most current version of the Terms of Use at any time by accessing this page.
Our store is hosted on Shopify Inc, who provides us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used herein are included for convenience only and do not otherwise affect the Terms of Use.
Section 1 – Your Obligations in Using the Website:
By agreeing to the Terms of Use, you represent that you are:
- at least the age of majority in your state of residence; or
- the age of majority in your state of residence and you have provided your consent to your minor dependent using the website.
- In using the website, you must not:
- engage in any illegal or unauthorized act, or solicit others to perform or participate in such acts;
- infringe upon or violate our intellectual property rights, or the intellectual property rights of any third party;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against us or any third party;
- collect or track the personal information of others;
- interfere with or circumvent the security features of the website or any other website;
- transmit any worms or viruses or any code of a destructive nature that may affect the operation of the website; or
- reproduce, duplicate, copy, sell, resell or exploit any part of the website without our prior written consent.
- A breach or violation of the Terms of Use will result in the immediate termination of:
- your use of the website; and
- the provision of our goods and services.
- In addition to clauses 1.1-1.3 herein, we reserve the right to refuse access to the website and/or the provision of our goods and services to anyone, for any reason and at any time.
- You agree to fully indemnify, defend and hold us harmless from any claim or demand made by any third party due to or arising out of your breach of the Terms of Use.
- This indemnity extends to our partners, officers, directors, agents, contractors, service providers, sub-contractors, suppliers and employees.
Section 2 – Exclusion of Liability:
- In no case shall Woomargama Station (or our partners, officers, directors, agents, contractors, service providers, sub-contractors, suppliers or employees) be liable for any injury, loss or damage whatsoever (either direct or indirect) you or any third party suffers as a result of using the website, or any goods or services provided through the website.
- We are not responsible if information appearing on the website is not accurate, reliable, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making any decision. Any reliance on the material on the website is at your own risk.
- The website may contain certain historical information, which is provided for your reference only. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on the website except as required by law. You agree that it is your responsibility to monitor changes to the website.
- There may be information on the website that contains typographical errors, inaccuracies or omissions, including in relation to product descriptions, pricing, promotions, offers, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to cancel or amend orders at any time without prior notice (including after you have submitted your order) if any information on the website is inaccurate.
- We do not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the website is at your sole risk and that we may from time-to-time remove access to the website for indefinite periods of time without prior notice.
- We make no representations, warranties or guarantees of any kind (whether express or implied) as to the merchantability, fitness for purpose, durability or non-infringement of the website, or any goods or services offered through the website.
- You understand that your information (not including credit card information, which is always encrypted) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that you assume all risks associated with transferring any information on the website in this manner. Your submission of personal information through the website is governed by our Privacy Policy, which can be accessed here.
- We have made every effort to display on the website as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate, and you agree to assume all associated risks.
- We do not guarantee or warrant that the quality of any goods or services purchased from the website will meet your expectations
Section 3 – Restrictions on Orders:
- We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time that the order was made.
- We reserve the right to limit or restrict orders:
- that, in our sole judgment, appear to be placed by dealers, resellers or distributors; or
- to any person, geographic region or jurisdiction.
- We reserve the right to modify or discontinue the goods and services we provide on the website. We shall not be liable to you or any third party for any modification, suspension or discontinuance of our goods and services.
Section 4 – Pricing and Payment:
- The prices of our goods and services appearing on the website are subject to change without notice. We shall not be liable to you or any third party for any such price changes.
- You agree to provide current, complete and accurate purchase and account information for all purchases made on the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 5 – Returns:
- In the event that Woomargama Station provides the Purchaser with damaged, faulty or incomplete Goods (Defective Goods), the Purchaser must:
- take photos of the Defective Goods, which clearly identify the defect complained of; and
- send the photos taken under clause 8.1(a) herein to [insert contact details].
- Upon receipt of the photos referred to in clause 8.1(b) herein, Woomargama Station will:
- issue the purchaser with an automatically generated service ticket;
- assess the Defective Goods; and
- otherwise resolve the issue with the Purchaser by complying with its obligations under the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
- We shall have no liability whatsoever arising from or relating to your use of third-party tools, materials or links appearing on our website. Any use by you of these tools, materials or links is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools, materials or links are provided by the relevant third-party provider. Any complaints, claims, concerns or questions should be directed to the relevant third-party.
Section 6 – Third-Party Materials and Links:
- We may provide you with access to tools or materials from third-parties, over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools or materials ‘as is’ and ‘as available’, without any warranties, representations or conditions of any kind and without any endorsement.
- Links on the website may direct you to third-party sites that are not affiliated with us. You agree that:
- we are not responsible for examining or evaluating the content or accuracy of these third-party sites; and
- you will not hold us liable for any harm or damage you suffer as a result of purchasing or using any goods, services, resources, content or other material on such third-party sites.
Section 7 – User Comments:
- If you send us creative ideas, suggestions, proposals, plans or other submissions, whether online, by email, by postal mail or otherwise (collectively referred to as ‘Comments’), you agree that we may at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use the Comments in any medium.
- We are and shall be under no obligation to:
- maintain any Comments in confidence;
- pay compensation for any Comments;
- respond to any Comments;
- ensure the accuracy of any Comments; or
- take responsibility or assume liability for any Comments.
- You warrant and agree that your Comments will not:
- violate any rights of any third party, including intellectual property, personal or proprietary rights;
- contain any libellous, unlawful, abusive or obscene material;
- contain any computer virus or other malware that could in any way affect the operation of the website; or
- be proffered using a false email address, by pretending to be someone else, or be otherwise likely to mislead us or any third party as to their origin.
- We may, in our sole discretion, monitor, edit or remove Comments from the website that we determine:
- are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable; or
- violate the Terms of Use.
Section 8 – Severability:
- If any covenant, obligation or provision in the Terms of Use (or any part thereof) is invalid or unenforceable as a result of any law, rule of equity or government regulation, then it is of no effect and is deemed to be severed therefrom. The remaining covenants, obligations and provisions of the Terms of Use are not affected thereby and remain valid and enforceable to the fullest extent permitted by law.
Section 9 – Termination:
- You may cease using the website at any time. Rights and obligations arising under the Terms of Use prior to you ceasing to use the website will continue to bind you and us for all purposes.
Section 10 – Waiver:
- A waiver given by either you or us in respect of a breach of a provision of the Terms of Use will not constitute a waiver in respect of any other breach of that or any other provision.
- A waiver of any provision of the Terms of Use, or consent to any departure from any provision of the Terms of Use, must be in writing and signed by both you and us and is effective only to the extent for which it is given.
Section 11 – Entire Agreement:
- The Terms of Use, as amended or updated from time-to-time, contain the entire agreement and understanding between you and us in respect of the matters dealt with. You acknowledge and agree that any previous agreements, understandings, representations and negotiations regarding the subject matter of the Terms of Use are of no effect.
Section 12 – No Adverse Construction:
- The Terms of Use are not to be construed to the disadvantage of a party because that party was responsible for its drafting and preparation.
Section 13 – Governing Law and Jurisdiction:
- The Terms of Use is governed by, and is to be construed and to take effect in accordance with, the laws of Victoria.
- Both you and us irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria in determining a dispute under the Terms of Use.
Section 14 – Variations:
- We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Use by posting updates and changes to the website. It is your responsibility to check the website periodically for changes.
- Your continued use of or access to the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Section 15 – Contact Us:
- If you have any questions in relation to the Terms of Use, please direct them to: [insert contact details]. We will endeavour to respond to your questions as soon as possible.
RETURNS
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
In the event that Woomargama Station provides the Purchaser with damaged, faulty or incomplete Goods (Defective Goods), the Purchaser must:
take photos of the Defective Goods, which clearly identify the defect complained of; and
send the photos taken under clause 8.1(a) herein to [insert contact details].
Upon receipt of the photos referred to in clause 8.1(b) herein, Woomargama Station will:
issue the purchaser with an automatically generated service ticket;
assess the Defective Goods; and
otherwise resolve the issue with the Purchaser by complying with its obligations under the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at [insert contact details].
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at [insert contact info].
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
