TERMS AND CONDITIONS

Overview

This website is operated by Garden Bed Paradise. Throughout the site, the terms “we”, “us” and “our” refer to Garden Bed Paradise. Garden Bed Paradise offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Delivery and ownership of the goods

Garden Bed Paradise tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. This is not uncommon during periods of heavy demand, such as Christmas, Australia day, and Easter. Garden Bed Paradise does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Garden Bed Paradise and is subject to change without notice.

Our standard delivery offer requires the customer to assist the driver with large items. If you are unable, or unwilling, to provide such assistance, please contact gardenbedparadise@gmail.com prior to proceeding with your order. Assistance can be arranged for you at additional cost.

Should a customer choose to cancel an order, or refuse to accept delivery of an order, after that order has been dispatched, Garden Bed Paradise reserve the right to subtract from any refund the cost of shipping both ways as well as a 15% restocking fee.

Faulty or damaged goods

Garden Bed Paradise will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions.

Where a Good is deemed as faulty within the first 24hrs after delivery or is already damaged on delivery, and the customer notifies Garden Bed Paradise of that fault within the first 24hrs after delivery, then Garden Bed Paradise will:
(a) Replace or Repair the faulty Good at their sole discretion; or
(b) If Garden Bed Paradise is unable to provide a new replacement, Garden Bed Paradise has the option to offer a full or partial refund dependant on the amount of damage to the product.

(c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost.

Where Goods are already damaged on delivery, Garden Bed Paradise requires photographic evidence or footage (whichever is more applicable) of the damage/fault to be emailed to gardenbedparadise@gmail.com before authorising return of the Goods.

Garden Bed Paradise reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause.

Garden Bed Paradise may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We 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 and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Garden Bed Paradise, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If your purchase is found to have a manufacturing fault during it’s first 12-months, Garden Bed Paradise will, at their discretion, replace or repair it. However freight and/or installation costs may be payable by the consumer.

Please note that all goods are subject to wear and tear and should be maintained, so our manufacturer’s warranty does not cover conditions caused through general use.

Our 12-month manufacturer’s warranty also does not cover the following:

• Twisting, warping, checking, splitting, cracks, knots or knot holes or any other naturally occurring properties of wood that do not affect performance or structural integrity (see further information regarding natural timber below);
• Cosmetic defects which do not affect performance or structural integrity of a part or the entire product, including surface rust on hardware or metal components and colour fading;
• Rust is a natural occurrence with any outdoor steel or aluminium product or component, and is likewise not covered by this warranty. Rust will be exacerbated by exposure to naturally or artificially occurring corrosives such as salt, minerals or chemicals. This includes any product or component which is powder coated – this acts as a protective barrier only, but is not guaranteed or warranted.
• Defects caused by atmospheric or circumstantial corrosion;
• Improper installation, including but not limited to, installation on uneven, unlevelled, soft or waterlogged ground;
• Accessories or attachments comprising materials including, but not limited to, rope, plastic, fibreglass, metal, timber, grass or rubber;
• Painting, staining or powder coating;
• Travel expenses, lost wages or labour costs involved in the installation or replacements of the parts;
• Vandalism, improper use, failure due to loading or use beyond the product’s capacity;
• Acts of nature including, but not limited to wind, storms, hail, floods or excessive water exposure, particularly in relation to our natural roofing products.

Modification voids any and all warranties, and Garden Bed Paradise will accept no liability for any modified products or consequences resulting from failure of a modified product.

Further Information on Natural Timber

While natural timber products are extremely sturdy and durable, timber products are organic and can be influenced by its surroundings. This means that temperature changes and moisture levels changes can be cause natural movement, splits and checks in the timber as it shrinks and dries over time.

All woods are hygroscopic, that is, it will absorb or discharge moisture to attain equilibrium with the surrounding atmosphere. Typically, in the Australian climate, it is common to experience a loss of moisture. The loss of moisture content from the wood, results in the shrinkage of wood due to the loss of water. This can be interpreted by some that it weakens the overall quality of wood. However, in reality, the opposite occurs. In fact, seasoned timber (dried timber) contains properties that make it superior to wet timber. In fact, the drying of timber results in increased strength, bending strength and stiffness. Also, as the plant cells become more compressed, it results in a structure that is harder and more resistant to bumps and other damage. Lastly, the decreased water content considerable reduces the weight of timber.

When our timber is first sourced by the timber yards, it is composed of a considerable amount of water which can range anywhere from 40% to 400% of the log. Timbers are then normally goes through a drying process before we purchase it to manufacture our products. However, dried timber will still retain a small percentage of moisture and the timber will continue to dry when being built and used. Timber dries from the outside to the centre, which can be a lengthy process that can take up to 6 years (timber species and size dependent) to reach its equilibrium moisture content (EMC).

As a result, the wood drying process continues well after being installed in your backyard. The drying process generally results in the shrinkage of wood, as the wood shrinks, warping and checks may begin to form in the exterior of the timber. This is recognised and accounted for by timber framers and engineers as a process which doesn’t compromise the integrity of the wood. You can be assured that we supply the correct diameter and size timber pieces to allow for any eventual timber drying cracks to ensure safety is maintained. Most of the wood splits will never become large enough to affect the reliability and strength of our products, however, there can be rare cases where splits can occur. Only when a crack develops past the halfway point from the timber, splitting it into two separate pieces, is the structural integrity affected. This is particularly relevant to round posts used in swing frames and thatches, which is more prone to splitting.

So you need to maintain your timber products often. Timber must be coated (and re-coated) with an appropriate layer of surface protection such as a stain or paint finish, and how often re-coating is required is again dependent on the product’s surroundings and the look you want maintained – it might be 6 months or 6 years! Be sure to check over your timber products yearly, sand away sharp points or splinters and fill cracks where necessary.

Indemnification

You agree to indemnify, defend and hold harmless Garden Bed Paradise and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6/12 Dulacca Street, Acacia Ridge.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at gardenbedparadise@gmail.com