This website is owned and operated by Garden Palace Sydney (referred to herein as ‘GP’, ‘we’ or ‘us’). By browsing, accessing or otherwise using this website or any data or content from this website, you agree to be irrevocably and unconditionally bound by these Terms & Conditions.
- No Warranty
(a) GP and its contractors are responsible for maintaining this website and all publications, content, data or the like uploaded on this website and make no warranty as to the accuracy or reliability of the information contained herein. This extends to any content, data or information generated or uploaded to this website by or on behalf of GP and/or any third party and/or any user or subscriber to this website.
(b) GP, its associated entities, related entities, officers, employees and contractors are not liable or responsible for any loss or damage which may be caused to any recipient by directly or indirectly relying on anything contained in or omitted from this website or any information or data contained herein.
(c) You acknowledge that you access this website at your sole and absolute risk and by accessing this website you expressly and irrevocably release GP from any and all liability which may accrue as a direct or indirect result of your access to this website and reliance upon any data or information contained herein.
- Restrictions
(a) By browsing, accessing or otherwise using this website, you warrant and agree that you must not and will not:
(i) use any device, software, hardware, process or any other technology of any means to access, retrieve, scrape or index this website or any information, content or data contained herein;
(ii) interfere with the operation of this website by any means, through any technology or through any third party;
(iii) cause excessive and burdensome internet traffic to this website or the GP infrastructure;
(iv) use any data, information or content of this website to compete with GP in any capacity whatsoever, whether by website or otherwise;
(v) violate any proprietary rights, property rights, copyrights, privacy or intellectual property rights of GP or any other person;
(vi) violate these Terms and Conditions or any law, regulation, requirement or code of conduct;
(vii) solicit any unauthorised financial benefit from any other user of this website;
(viii) copy, reproduce, retransmit, create derivate works, sell or display or in any way exploit this website without the prior express written authorisation of GP.
(b) You acknowledge that if you fail to adhere to the restrictions set out in clause 2(a) above, GP may proceed with any of the following actions against you:
(i) reporting your conduct to regulatory officials and/or law enforcement authorities in your country of residence;
(ii) institute technological barriers however GP deem necessary;
(iii) commence Court proceedings seeking damages from you; and/or
(iv) commence Court proceedings seeking injunctive and/or declaratory relief against you.
(c) You must indemnify GP and its related associated entities from any loss suffered as a direct or indirect result of your contravention of clause 2(a) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
- Copying of Data
This clause 3 is subject to the Copyright Act 1968 (Cth) and nothing in this clause is intended to affect or alter the operation of the Copyright Act 1968 (Cth). In the event of an inconsistency between this clause 3 and the Copyright Act 1968 (Cth), the Copyright Act 1968 (Cth) shall prevail to the extent of that inconsistency.
(a) All content included on this website, including but not limited to data, information, content, material, text, images, audio, videos, logos, button icons, is the intellectual property of GP, its associated entities or related entities or its third party content suppliers unless stated otherwise. Use of this website does not transfer any intellectual property rights or copyright to the user.
(b) GP grants users of this website revocable permission to download copyright material on this website for their own personal use provided that such use is non-commercial and not to obtain any financial benefit..
(c) You must not reproduce, copy or alter information, data or content contained on this website, whether in part or in full, without the prior express written authority of GP.
- Third Party Content
(a) You acknowledge that this website may from time to time contain information, data and content uploaded by third parties (Third Party Content).
(b) GP does not in any way monitor the Third Party Content on this website and makes no warranty as to the accuracy of such Third Party Content. For that purpose, GP is not liable or responsible for any matters pertaining from the Third Party Content whether directly or indirectly.
(c) You rely upon Third Party Content on this website at your sole and absolute risk and you acknowledge that GP makes no express or implied representations as to the Third Party Content or the accuracy thereof.
(d) You are responsible for making your own independent enquiries in respect of the Third Party Content on this website. You acknowledge that the Third Party Content does not necessarily represent the view of GP.
(e) You release and hold harmless GP from any and all liability arising from any Third Party Content on this website.
- Advertising
(a) GP is entitled to, at its sole and absolute discretion, upload and include advertisements and links to third party material (such as contact details of users) and other third party websites on this website.
(b) Such third party material and third party websites are not part of this website and are not controlled by GP by any means whatsoever. GP makes no warranty or express or implied representations as to the accuracy or reliability of the third party material and third party websites or any information, data or material contained therein.
(c) You acknowledge that you access such third party material and third party websites at your sole and absolute risk. For that purpose, GP is not liable or responsible for any matters or liability pertaining from the third party material and third party websites and you agree to release GP from such liability.
- Uploading Data
(a) By subscribing to GP, you may be entitled to upload material, information, data, content, text, images, video, audio or the like with the approval of GP(uploaded data). GP may reject any request by you to upload any uploaded data to this website at its sole and absolute discretion.
(b) You expressly warrant that the uploaded data is not:
(i) in contravention of any law, regulation, code of conduct or requirement imposed by any authority;
(ii) in contravention of copyright or the intellectual property rights of any third party;
(iii) misleading or deceptive;
(iv) inappropriate noting the purpose of this website;
(v) materially incorrect;
(vi) obscene;
(vii) offensive;
(viii) defamatory;
(ix) maliciously false;
(x) unlawful;
(xi) corrupt;
(xii) likely to damage the reputation of GP; or
(xiii) likely to damage or adversely affect the operation of this website.
(c) You expressly warrant that the uploaded data is:
(i) owned and controlled by you, including any rights in the uploaded data;
(ii) able to be lawfully displayed by GP on this website;
(iii) lawfully obtained by you, including obtainment of all necessary licences, rights, consents and permissions required to use the uploaded data
(d) In the event that you contravene clauses 6(b) or 6(c), you agree and acknowledge that:
(i) GP may remove, alter, delete or disable the uploaded data at its sole and absolute discretion;
(ii) you indemnify GP and its related and associated entities from any loss suffered as a direct or indirect result of your contravention of clause 6(b) and/or 6(c) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
(e) You grant you grant GP a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any medium, whether currently in existence or not.
(f) GP is not liable to you for any loss which may be occasioned by use of your uploaded data by a website user. You acknowledge that you upload data to this website at your sole and absolute risk.
- Availability of Products
(a) From time to time, GP may make a product(s) (Product) available for you to place in your shopping cart on this website (Your Order). You acknowledge that Your Order is subject to the Product’s availability and if the product(s) becomes unavailable, Your Order may be amended or cancelled as a result, even in circumstances where you have received an order confirmation and/or a confirmation of shipping from GP (Cancelled Order).
(b) Any monies paid for a Cancelled Order will be refunded to you, provided that you have not received the Product.
- Payment for Products
(a) Payment for Your Order is made in the currency you have nominated. Any international currency conversion fees charged by your bank as a result of Your Order will be your sole responsibility, and will not be reimbursed by GP.
(b) GP uses Shopify Payments (http://www.shopify.com.au/) to provide the payment services for this website. For more information on Shopify Payment's security processes, please visit their website at http://www.shopify.com.au (http://www.shopify.com.au/) .
(c) GP accepts payment via Shopify Payments using, AMEX, VISA, MasterCard, Paypal and Afterpay.
(d). If you choose to pay by credit card, you authorise GP to debit the amount that is payable for Your Order from your nominated credit card account.
(e). If we are unable to successfully process your credit card for Your Order then we may cancel Your Order.
(f) You must not pay, or attempt to pay, for Your Order through any fraudulent or unlawful means.
(g) GP will provide you with a receipt at time of confirmation of Your Order which specifies the total purchase price, any applicable GST, and shipping charges applying to Your Order. If you are located outside Australia, you will become the importer of the Products and will be liable for any local taxes, customs and duties, and assume all liability under any import laws and regulations applying in your country.
- The specific terms and conditions of supply for your Order will be displayed prior to you confirming your Order. Confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
(h) The specific terms and conditions relating to Your Order will be displayed to you prior to confirming Your Order. By entering your payment information, you accept those terms and conditions, which will be incorporated into the terms of Your Order. You also acknowledge and consent to any third party payment processor used by GP charging the credit card details you enter onto the website for the amount of Your Order.
- Product Pricing
(a) GP will use its reasonable endeavours to ensure that any price indicated for a Product is accurate and without error. In the event that a price listed for a Product is incorrect or erroneous (Incorrectly Priced Product), GP reserves the right to rectify any prices on the website at its sole and absolute discretion and without any notice to you.
(b) If an Incorrectly Priced Product has been added to Your Order, GP may in its sole and absolute discretion cancel Your Order or contact you for further instructions.
(c) If an Incorrectly Priced Product has been shipped to you, you agree that GP may direct you to either:
(i) pay GP the difference between the actual price for the product and the price you paid for the product, within 10 business days of receiving notice from GP of same; or
(ii) (ii) return the Incorrectly Priced Product to GP.
(d) GP may, in its absolute discretion, make changes to the price of a product from time to time to account for market conditions, change in suppliers, availability of product and other circumstances.
- Returns and Exchanges
(a) Pursuant to our Returns Policy, we do not offer returns or exchanges for change of mind on Products purchased via this website.
(b) If you believe your purchase is damaged, incomplete or faulty on arrival please send a picture, along with your order number, to store@gardenpalacesyd.com within 7 days of receipt.
(c) Where you are located in Australia, there are certain consumer guarantees under the Competition and Consumer Act 2010 (Cth) that will apply to Your Order.
(i) If an item has a major or serious problem, you are entitled to choose a refund or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase and evidence of the problem. An item has a major problem when:
* a reasonable consumer would not have bought the goods if they had known about the problem;
* the goods are significantly different from the description, sample or demonstration model shown;
* the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
* the item is unsafe.
(ii) If a Product as a minor problem, we may offer an, exchange, credit note, or compensation for any drop in value of the Product, provided you present proof of purchase and evidence of the problem.
(d) Please contact us via store@gardenpalacesyd.com if you would like to make a claim in accordance with this clause 10.
- Product Shipping
(a) You agree and acknowledge that a specified delivery fee will be added to Your Order to cover costs and fees for the delivery of the Product. The delivery fee will be notified to you at the time of placement of Your Order.
(b) Your Order will only be processed between Monday to Friday and will be dispatched between one (1) to two (two) days, however the actual timing of delivery is always subject to and dependent on the Product, availability of goods and labour, and any events outside of our control.
(c) You may verify the status of Your Order by contacting our customer service team at store@gardenpalacesyd.com between 9:30AM–5:30PM Monday through Friday, AEST.
(d) Risk and Title
Title to the Goods will pass to the Customer on the date the Customer pays the Price for the Goods in accordance with this Agreement.
Subject to the terms of this Agreement, risk in the Goods will pass to the Customer when the Goods have been Delivered to the Customer or when the Customer has Collected the Goods (as applicable), and the Customer has not rejected the Goods, in accordance with this Agreement.
- Warranties
(a) You expressly warrant that:
(i) you agree to be irrevocably and unconditionally bound by these Terms and Conditions;
(ii) your use of this website is conditional upon compliance with these Terms and Conditions; and
(iii) you acknowledge that the Products are provided on an “as-is” basis without any further warranties of any kind by GP.
- General Indemnity
(a) It is an essential term of these Terms and Conditions that you must indemnify GP, its related and associated entities, its officers and its employees for any loss or damage arising out of, whether directly or indirectly, your use of and access to this website and any contravention of these Terms and Conditions.
(b) The indemnity provided in clause 13(a) is a continuing indemnity and continues notwithstanding your cessation of use of this website.
- Disclaimer
No term or condition of these Terms and Conditions has the effect of replacing, overriding, or otherwise removing, your statutory rights.
- Amendments or Variations
GP may, from time to time, make changes to these Terms and Conditions, or to specific functions of this website. It is your responsibility to monitor these Terms and Conditions from time to time to ensure that you remain compliant with what is required from you when using this website or interacting with GP. Changes to these terms and conditions will be effective immediately upon publishing on this website.
- Severability
If any term or condition of these Terms and Conditions is deemed invalid, void, or unenforceable for any reason whatsoever, that term or condition will be deemed severable and will not affect the overall validity and enforceability of the remainder of the Terms and Conditions.
- Termination
GP reserves its right to terminate or suspend your access to the website, and shall not be required to provide you with any reasons why it has suspended or terminated your access. However, generally, such suspension or termination will only occur if you are found to be in serious violation of any of these Terms and Conditions
- Governing Law
(a) You irrevocably agree that by using this website and subsequently, your acceptance of these Terms and Conditions, that these Terms and Conditions are governed by and construed in accordance with the laws of Victoria and Australia. GP does not warrant that this website complies with the laws of any country outside of Australia.
(b) You agree, to submit to the non-exclusive jurisdiction of the Courts of Victoria and Australia.
- Contacting Us
If you have any questions about this website, our Products, or these Terms and Conditions please contact GP via store@gardenpalacesyd.com.
- Non Disparagement
The Customer must not publish unapproved information or material disparaging, misleading or harmful to GP interests, such as online posts, blogs, comments, and reviews, without the prior written consent from GP.
