Terms & Conditions
1. These Terms are binding on you
Welcome to Winland Garden Tools and thank you for shopping with us.
These Terms govern your use of WinlandGardenTools.com.au ("our website") and the purchase of products from our website. Our website is owned and operated by Parkview Trading T/AS Winland Garden Tools Noosa Heads Australia
By using our website, and by buying a product via our website, you agree that you have read, understood and accepted these Terms. This has the same force and effect as if you had actually signed these Terms.
If you need any help please contact Winland Garden Tools (details are provided on our website).
2. Understanding these Terms
In these Terms: 'We', 'our' and 'us' refer to Winland Garden Tools and 'you' and 'your' refer to the customer (you!).
Our product prices are set out on our website and may be updated from time to time. All prices are in Australian dollars and, unless we state otherwise, all prices under these Terms are inclusive of GST.
4. Orders and Payment
Your order is a sale of product agreement. No agreement is created until your order and accompanying payment have been accepted and processed by us and we have confirmed this to you (by sending you a Tax Receipt or notifying you that your chosen item is not in stock).
Payment must be made in full at the time of your order.
Once we have confirmed your order, you are bound by the order except where we tell you at the time of confirmation that the product is not in stock.
Delivery prices are set out on our website and may be updated from time to time.
If a product is not in stock:
- we will inform you of the expected delivery time, based on information provided to us by our suppliers. While we can't guarantee the delivery dates advised by our suppliers, we will advise you of any delays.
If a product is lost or damaged in transit, contact Customer Care immediately.
We are not responsible for any loss or damage to products after delivery has taken place.
6. Where products are not available
There may be unforeseen circumstances under which it is not possible for us to supply a product at all. If this occurs, it may be necessary for us to cancel orders for that product. We will refund or cancel your payment, but we can't accept liability for any other loss or damage arising as a result.
7. Warranty and Returns Policy
We sell products made by third parties. Where products are found to be faulty, we will pass on to you the benefit of the manufacturer's warranty for such products.
Except where required by law, you must return damaged goods within 30 days of receipt. If you receive a damaged or faulty product, you must notify us through the Winland Garden Tools contact us page. You will be given instructions for returning the product and receiving a refund or replacement. You must return the product in its original packing material and it must be in its original condition. When we receive the product and the conditions of the returns policy have been met, you will receive a full refund or a replacement (at our cost). Refunds will be applied to the account you paid us from.
If we find that the conditions of the returns policy have not been met (for example, if the product is not defective) no refund or replacement will be provided and we will return the product to you.
Copyright in our website is our property. Our website includes copyright material, trademarks and registered trademarks which are the property of us and third parties. This material may only be used for the purposes of browsing our website and purchasing products.
9. Excluding other conditions and warranties
We are not liable to you or any other person for loss in connection with the use of our website or a linked website, or any products sold via our website. Unless expressly stated in these Terms, all other implied conditions and warranties are excluded.
Where our liability can't be excluded by legislation (including the Trade Practice Act 1974 (Cth) and state fair trading legislation) any condition or warranty implied by that legislation will be included in these Terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, if the breach relates to goods, to:
- the replacement of the goods or the supply of equivalent goods, the repair of the goods or the cost of replacing, repairing or acquiring equivalent goods; or
- the total price paid for the purchase of products under these Terms.
The information contained on our website is provided by us in good faith. Every effort has been made to ensure accuracy and to the best of our knowledge, the information is accurate and current. However, we and our associates don't make any representation or warranty as to the accuracy or completeness of the information, we don't guarantee that our website is free from errors or faults, and we won't be liable for any such inaccuracies, errors or faults.
We make no warranty that any product will meet your requirements.
11. Changes in these Terms
We may vary these Terms or any information contained on our website at any time.
13. The Spam Act
We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond by asking us not to send you any more. However, all of our official communication with you will be by email: notice of confirmation and receipt of your order, invoices and so on. You agree as part of your acceptance of these Terms to our sending you emails for those and related purposes.
Notices will be sent by email to the preferred email address you have nominated. You will be deemed to have received a notice at the time the email is sent. Keep your email address information up to date!
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. You may transfer the benefit but not the burden of your rights and obligations under these Terms.
16. Applicable Law
These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.