Please read these Terms & Conditions carefully before using this Website.
This Website is provided by Graham Ross Horticultural Consultants Pty Ltd and Graham Ross Horticultural Consultants Pty Ltd trading as The Garden Clinic (designated henceforth as GRHC or The Garden Clinic). By using this site, you agree to abide by the Terms & Conditions set forth in this notice.
If you do not agree to abide by these Terms & Conditions, you should exit this Website immediately.
1. Website Limited Licence. As a user of this Website you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Website and Content in accordance with these Terms and Conditions. The provider, GRHC, may terminate this licence at any time for any reason.
2. Usage Limitations. The content of this Website is for personal use only and not for commercial exploitation. You may not reverse engineer, decompile, rent, lease, sell, loan or create any derivative works from this Website or its Content. Nor may you use any network monitoring software or other software to determine the site architecture, or extract information regarding usage, individual entities or users. You may not copy, modify, republish, reproduce or transmit all or any portion of this Website except with the express written permission of GRHC. Any unauthorised use of this Website or its Content is prohibited.
3. Intellectual Property Rights. Except as expressly provided in these Terms & Conditions, no part of this Website shall be construed as conferring any licence or right, by implication or otherwise, under copyright or other intellectual property rights.
4. Advertisers. This Website may contain advertising and sponsorship. It is the responsibility of advertisers and sponsors to ensure that all materials submitted for inclusion on this Website is accurate and complies with applicable laws and regulations. GRHC will not be responsible for the illegality of, or any error or inaccuracy, in such submitted materials or for the acts or omissions of the aforementioned.
5. Licence for Use of Your Content. By uploading content to or submitting any materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) GRHC a perpetual, worldwide, royalty free, irrevocable, non-exclusive right and licence for use in its original or modified form in any medium.
6. No Solicitation. You shall not distribute on or through this Website any content or material containing any advertising, promotion or solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.
7. Linking to this Website. Should you wish to provide links to this website, you should forward your request to email@gardenclinic.com.au. If approved, links may be established provided that you do not obscure, by framing or otherwise, any portion of the Website and that you do not affect, in any way, the functionality of the Website. It is a condition of any such approval that you discontinue any link immediately if requested by GRHC.
8. Material Posted in the Interactive Sections of the Website. In the course of participation in the interactive sections of the Website, you shall not post any messages, data, text, pictures, links, graphics or other material which is unlawful or abusive in any way, including but not limited to material that is defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. GRHC has no obligation or intention to screen, monitor or edit material submitted to any interactive sections of the Website and is not responsible for such material contained therein. GRHC retains the right to delete your material at any time for any reason without your permission or correspondence.
9. Third Party Content. Third Party Content may appear on this Website or may be accessible through links available on this Website. GRHC shall not be responsible for and assumes no liability for issues relating to Third Party Content or components contained therein. You understand that the information and opinions in any Third Party Content in no way reflects the beliefs and opinions of GRHC and that it appearance on this Website does not constitute its endorsement by GRHC.
10. Disclaimer. GRHC does not warrant or represent that this Website or the Content will be accurate, correct, timely, free from errors, viruses or other harmful components or that defects will be corrected, or that it will always be accessible. You acknowledge that any reliance on any information shall be at your sole risk. GRHC may make changes to any part of the Website at any time. This Website and all of its contents are provided “as is”. GRHC disclaims, to the fullest extent permitted by law, any representation or warranty, express or implied of any kind, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose.
11. Limited Liability. In no event shall GRHC be liable to any entity for any direct, indirect, special, consequential or other damages including, but not limited to, any lost profits, business interruption, loss of information or programmes or other data that relates to the use of, or the inability to use, the content, materials and functions of the Website or any linked Website even if GRHC is advised of the possibility of such damages.
12. Indemnity. You agree to indemnify, defend and hold harmless GRHC, its officers, directors, employees, agents, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs incurred by your use or misuse of this Website.
13. Third Party Rights. The provision of paragraphs 10 (Disclaimer), 11 (Limited Liability) and 12 (Indemnity) are for the benefit of GRHC and its officers, directors, employees, agents, suppliers and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Prohibited Activities. GRHC reserves the right to investigate, at its sole discretion, any complaints or reported violations of the Terms & Conditions or other laws and to take any action it deems appropriate including, but not limited to, reporting any suspected prohibited activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. GRHC reserves the right to seek all available and legal remedies for violations of these Terms & Conditions including, but not limited to, the right to block access from a particular Internet address to this Website and any other of GRHC’s Websites and their features.
15. User Details. You agree that you are solely responsible for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify GRHC against any claims in connection with any use (authorised or unauthorised) of your user name or password. GRHC may suspend or cancel your account at any time at its discretion without notice or explanation.
This Website is controlled, operated and administered by GRHC from its offices in New South Wales, Australia. GRHC makes no representation that materials within this site are appropriate or available for use at other locations and access to them from territories where any content may be considered illegal is prohibited. If you access this site from locations outside Australia, you are solely responsible for compliance with all local laws.
The Terms & Conditions incorporate by reference any notices contained on this Website and the Privacy Statement and constitute the entire Agreement with respect to access to and use of this Website and the Content.
This Agreement is governed by the laws of NSW and Australia and any action arising from, or relating to, this Agreement shall be filed only in State or Federal courts located in NSW. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of any such action. Any cause of action you may have with respect to your use of the Website must commence within one (1) year after the cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
GRHC reserves the right to change these Terms & Conditions at any time . Updated versions of the Terms & Conditions will appear on this Website and are effective immediately. Your continued use of this Website after any changes constitutes your acceptance of such changes.
Privacy Statement
At The Garden Clinic, protecting your privacy and the confidentiality of your “personal information” is very important to us and is fundamental to the way we serve you.
· Personal Information includes any information we hold about you from which we can determine your identity. There are instances where, in your interaction with this Website, collecting personal information is integral to providing you with requested products, services or other information. We are committed to protecting your personal information and using it in a responsible manner.
· Collection of Information Generally The Garden Clinic will collect personal information from you directly and only to the extent necessary to provide a product or service. Typical personal information we may collect from you includes: name, address, contact details and other information directly pertinent to a product, service or request.
· Use of Information Personal Information ultimately assists us in providing you with better customer service. Some examples of instances where we may use your personal information include: internal accounting and administration, protecting you and The Garden Clinic from fraud and helping us to identify and inform you of Garden Clinic products or services that may be of benefit to you.
· Third Parties For reasons of efficiency some functions of The Garden Clinic are outsourced. In the course of doing this, we may disclose your personal information, such as name and address details, to enable the service provider to undertake their particular function. In such instances, service providers are specifically prohibited from using your personal information for any purpose other than the reason it was provided to them.
· Direct Marketing From time to time we may use the personal information we collect from you to identify particular products and services that we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. If you do not wish to receive direct marketing information from The Garden Clinic, please let us know. Please note however that it may take several working days for your details to be updated.
· Accuracy of Information The Garden Clinic takes reasonable steps to ensure that the personal information we hold about you is accurate. Should you find that your personal information is inaccurate, incomplete or out of date, please contact us immediately and we will take reasonable steps to ensure that it is corrected.
· Security of Information The Garden Clinic has in place generally accepted standards of technology and operational security to help protect your personal information from loss, misuse, unauthorised disclosure or destruction.
· Duty of Confidentiality Generally our duty of confidentiality applies except where disclosure of your personal information is:
· compelled by law - to Governments departments or agencies or disclosure to courts under subpoena
· in the public interest - where a crime, fraud or misdemeanour is committed or suspected and disclosure against the customer’s rights to confidentiality is justified
· with your consent – your consent may be implied or express and it may also be verbal or written
· Cookies A cookie is a small file that in Internet website sends to your browser when you access information at that site. This website uses cookies for maintaining contact with your browser whilst you are in a www.gardenclinic.com.au ‘session. This cookie allows this website to recognise you as an individual as you move from one page to another and this information is used to gather meaningful statistics about the site’s usage and may be analysed to improve the design of the site. No personal information is gathered as a part of this process. A cookie does not identify you personally, however it does identify your computer. At the end of your session or when you close your browser, the cookie is deleted.
If you have any queries regarding our privacy policy, please send an email to email@gardenclinic.com.au.
GRHC and The Garden Clinic reserve the right to makes changes to this Privacy Statement at any time and without notice.
Sales Terms & Conditions
These Sales Terms & Conditions apply to all sales transacted with The Garden Clinic and via this Website. These Sales Terms & Conditions form part of, and are to be read in conjunction with, The Garden Clinic Website Terms & Conditions of Use.
16. Seller. For the purposes of all sales transacted on this site, the seller is:
Graham Ross Horticultural Consultants Pty Ltd trading as
The Garden Clinic
Address: 83 Beecroft Road, Beecroft NSW 2119
Telephone: +61 2 9484 5100
Fax: +61 2 9484 5111
Email: email@gardenclinic.com.au
ABN: 38 001 610 993
All orders placed through this Website are subject to confirmation and acceptance by The Garden Clinic.
17. Pricing & GST All prices given on this Website are in Australian Dollars ($AUD) and include Goods and Sales Tax (GST) where applicable unless specifically indicated to the contrary.
18. Garden Clinic Club Members – Special Pricing. From time to time and at the sole discretion of The Garden Clinic, special or discounted prices will be made available to Members of The Garden Clinic Club. These prices will be shown on the Product Pages as ‘Member Price’ and will be automatically calculated where applicable, during the payment process. To receive the member price, members must log in prior to the commencement of purchasing. It is your responsibility to ensure that you have received any discounts to which you believe you are entitled prior to finalising any transactions. No compensation will be given for missed discounts after the transaction is complete.
19. Product Descriptions. The description and images of products on this site are not intended to be taken literally or exact and are for the purposes of representation and comparison only.
20. Availability. All products are offered subject to availability. The Garden Clinic makes no guarantees regarding the availability of any product. If a product is unavailable at the time of ordering, The Garden Clinic will endeavour to advise you as soon as possible.
21. Measurements. All heights, volumes, weights, pot sizes and other measurements are indicative only.
22. Acceptance of Your Order. The Garden Clinic expressly reserves the right to accept or decline your order for any reason. The receipt of an order confirmation of any kind does not constitute an acceptance of your order or an offer to sell.
23. Information Verification. To ensure efficient processing of your order, please ensure that all information you provide is complete and accurate. The Garden Clinic may require further verification or information from you prior to acceptance or processing of your order. If you wish your order to be fulfilled, you agree to provide these additional verifications or information.
24. Payment Types. Payment is accepted in the following forms:
a. Bankcard
b. MasterCard
c. Visa
d. American Express Card
All payments must be cleared prior to despatch of your order.
25. Payment Security. The Garden Clinic website secures your transactions by using secure socket layer (SSL) encryption technology. This encrypts your personal information and credit card details prior to being transmitted over the Internet. This ensures that your personal information cannot be read by others or tampered with during the transmission process.
26. Service Area. The Garden Clinic offers products for delivery to locations within Australia. For any enquiries regarding delivery of products to locations other than Australia, please direct correspondence to email@gardenclinic.com.au.
27. Delivery
a. Timing . Despatch of your order will generally occur within 3 working days. In the event of a foreseeable delay, such as a product shortage at the time of ordering, The Garden Clinic will endeavour to advise you as soon as possible. Any delays experienced once the order been despatched are beyond control of The Garden Clinic and as such, The Garden Clinic cannot be held liable.
b.
Method of Delivery.
The Garden Clinic offers delivery of its products via
Australia Post. All such deliveries are subject to the
Terms & Conditions of Australia Post as outlined
below.
The Garden Clinic accepts responsibility for any loss
of, damage to, late delivery or non-delivery of goods
ordered from our web site. To the maximum extent
permitted by law, you agree to release our carriers from
any liability relating to loss of, damage to, late
delivery or non-delivery of any goods you order from this
web site and to assign all rights to claim compensation
or insurance against our carriers to us and expressly and
irrevocably do so by clicking the following box. In rural
and regional areas of Australia, delivery times for
Express Parcel Services are in respect of delivery to the
Post Office of the principal township in that area.
Delivery to final destinations may take longer. If in
doubt please check with your local Post Office.
c. Delivery Charges. Delivery charges are based on location and method of carriage and are calculated on-line at the time of purchase. The amount charged for delivery of your order is itemised, along with the remainder of your order, on the website during the purchasing process. Submission of your order signifies your acceptance of the quoted price of delivery.
d. Receipt of Delivery. Where a signature is required for receipt of delivery and there is no one at the delivery address at the agreed time, The Garden Clinic may charge additional delivery fees. Anyone at the delivery address who receives the goods will presumed by The Garden Clinic to be authorised to receive the goods.
28. Incorrect Pricing. The Garden Clinic aims to ensure accurate pricing at all times. Where a product or service is listed at an incorrect price, The Garden Clinic may refuse or cancel any order involving this product or service. The Garden Clinic reserves the right to refuse or cancel such orders up to and including the time of despatch.
29. Satisfaction Guarantee. The Garden Clinic offers a 14-day money-back satisfaction guarantee (excluding perishable items). Our returns policy means that if you are not satisfied with your purchase, we will exchange it or refund the price paid for the product provided the following conditions are met.
a. The product must be returned to The Garden Clinic within 14 days.
b. The product (and its packaging) must be in its original condition.
c. The product is returned in keeping with The Garden Clinic Returns Policy (ref 30).
30. Returns Policy. Products may be returned if they:
i. are defective
ii. have been damaged in transit to you
iii. have been incorrectly delivered (i.e.: the product you received is not what you ordered)
iv. are being returned within 14 days in keeping with the Satisfaction Guarantee (ref 29)
The Garden Clinic will inspect all returned products within 7 days of receipt by The Garden Clinic. In some instances, the product will be forwarded to the manufacturer for further examination or testing (such instances will incur further delays). For products determined to meet the criteria for return, a credit or refund will be issued for the original price paid for the product and any eligible delivery costs (ref 30b). If it is reasonably determined, by The Garden Clinic or the manufacturer, that the reason for return is not valid, the product will be returned to you and you will be invoiced a processing fee and delivery costs associated with the return. These invoiced amounts will be payable by you within 30 days of invoice date.
a. Return Authorisation. All goods to be returned, whether defective or not, will require a Return Authorisation Number before they can be returned. To obtain a return authorisation number, please contact our Customer Service Staff via email@gardenclinic.com.au. To obtain a return authorisation number, you will need to supply:
i. name and contact details of the original purchaser
ii. invoice number
iii. details of product to be returned
iv. date on invoice
v. reason for return
vi. your name and contact details
b. Return Transport Costs. In the instance of goods being returned due to defect, transit damage or incorrect delivery, The Garden Clinic will reimburse you for the return transport costs. To claim return transport costs, attach proof of payment to Return Authorisation.
c. Packaging & Arranging Returns. It is your responsibility to ensure that products are suitably packaged to prevent damage during return delivery. A copy of the original invoice and the return authorisation details must be included with the product being returned. The Garden Clinic recommends that products being returned by post are sent by registered or certified mail. The Garden Clinic accepts no responsibility for loss or damage occurring in transit on return to The Garden Clinic.
d. Processing Returns. A credit, refund or exchange will generally be issued within 7 days of The Garden Clinic receiving any goods returned in accordance with this Returns Policy, with the exception of any goods for the which the reported fault or damage is not obvious or where return to the manufacturer is necessary for examination. Refunds may be made by cheque or by crediting the credit card used for the original purchase. The method used is at the discretion of The Garden Clinic and may depend upon the method used for the original purchase.
i. The Garden Clinic Journal and/or ancillary printed material eg. Pocket Guides must be displayed near the point of sale area for customers to experience the benefits of membership.
ii. The Garden Clinic Conditions Sticker must be displayed at the point of sale for clarification of membership conditions and benefits.
iii. The Garden Clinic signage must be displayed in a prominent position within the nursery for customers to see that this nursery is an accredited Garden Clinic Participating Nursery.
i. benefits of membership to the Garden Clinic Club.
ii. membership sales and processing at the GC Participating Nursery.
GRHC reserves the right to change these Sales Terms & Conditions at any time . Updated versions of the Terms & Conditions will appear on this Website and are effective immediately. Your continued use of this Website after any changes constitutes your acceptance of such changes.
