- About These Terms And Conditions
- Legal Capacity To Transact
- Placing Your Order
- Payment Methods And Processing
- Supply Of Your Products
- Delivery Of Your Products
- “Your Account” — Your Credits
- Your Data – Use And Protection
- Credit Card Fraud
- Fraud Protection or Prevention Procedures
- Consumer Guarantees
- Computer Hardware – Exclusions and Limitations
- Our Liability
- Force Majeure
- Governing Law
In these Terms and Conditions “we” and “us” mean The Complete Garden Holdings ABN 11 096 333 952 of 25 Hesling Court, Bendigo VIC 3550 Australia, and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
If you are under the age eighteen (18) years you cannot place orders with The Complete Garden.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should The Complete Garden suffer any damage or other losses as a result of a transaction entered into by a minor, The Complete Garden reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with The Complete Garden.
You may place an Order by filling in the Order Form on The Complete Garden Web Site and clicking the “Submit My Order” button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on The Complete Garden website constitutes an invitation to treat. The Complete Garden will make every effort to supply Products to you; however no information on our website constitutes or should be deemed as an offer by us to supply any Products. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. The Complete Garden and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
The Complete Garden currently accepts PayPal, BPAY, Visa, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding VIC Public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, The Complete Garden reserves the right to cancel the transaction.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.
You may be required to provide further identification for additional security reference checks.
The Complete Garden purchases include GST.
The Complete Garden always endeavours to list Products with the most competitive prices.
The Complete Garden reserves the right to change prices for Products displayed at The Complete Garden at any time before you place an Order.
The price of products shown excludes shipping costs.
Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process.
The Complete Garden makes every effort to deliver your Product according to the estimated delivery times provided by The Complete Garden at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up from a local transport Depo. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
We may credit “Your Account” with a Refund Credit from time to time. The Complete Garden will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product".
Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:
- In the event that (any applicable),your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products);
- Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments;
Refunded Credits can be used towards a future purchase(s) or the full amount can be cashed out as a cheque refund. To redeem your Refund Credits log in to “Your Account” and select “View Credit”. You can then select “Cash Out Refund Credit”.
In the event that The Complete Garden needs to reissue a Refund Credit cheque due to an incorrect name or address provided by you, or if a Refund Credit is misused, The Complete Garden will incur a cost of $12 to reissue the Refund Credit cheque. This cost will be passed onto you as a reissue fee.
In the event that a Refund Credit not exceeding $5.00 arises from an overpayment by you via BPAY, The Complete Garden will apply that amount as a credit on your account, unless you specifically request a cash refund from us.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other The Complete Garden Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other The Complete Garden Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
While The Complete Garden uses the National Australia Bank software for its transactions with our customers, The Complete Garden will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- keep the goods and receive compensation for the drop in value caused by the problem.
- If you think that a Product is defective you should contact our Customer Service Help Centre and a Customer Service Representative from The Complete Garden will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of The Complete Garden. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to DealsDirect within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
Products must be returned whenever we agree to provide you with a refund or replace the Product.
Where you received a defective Product, Customer Service will email you a PDF voucher containing an RA which you must affix to the product. The Complete Garden will pay for returned items automatically if you notify us of your claim within 7 days of delivery.
Where you have received a defective Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned Product.
- The delivery time for the replacement Product will be the same as stated for the original Product.
To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of The Complete Garden. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
The Complete Garden reserves the right to change the Terms and Conditions of sale at any time.
No The Complete Garden employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, The Complete Garden is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of The Complete Garden, and The Complete Garden shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.