TERMS & CONDITIONS
Davenne Holdings Pty Ltd T/A Bergie’s Garden & Gifts & Bergie’s (ABN 29 167 846 951) is here to provide you garden & giftware products & accessories online. By using this Site you agree to be bound by the terms & conditions following. Please read them carefully. Your usage of the Site indicates your acceptance and understanding of these terms and conditions. If you place an order with Bergie’s Garden & GIfts this also indicates your acceptance & understanding of these terms and conditions.
DISCLAIMER FOR PRODUCTS SOLD
Except as expressly stated herein, Bergie’s Garden & Gifts makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. In no event shall Bergie’s Garden & Gifts, its Directors, Employees and Representatives be liable for direct, indirect, consequential or punitive damages related to the products sold.
When you activate an account with Bergie’s Garden & Gifts, you will receive a password. You are responsible for maintaining the confidentiality of this password at all times. You agree to immediately notify us of any unauthorised use of your password or account, if you believe that confidentiality of your password has been compromised or any other breach of security.
All of your registration and account history information is kept on a secure server to protect your privacy from outside parties. All of your private information is used for the limited purposes of processing your orders, for statistical purposes to improve our site and services, to assist in our site administration and to notify you of products or special offers that may be of interest to you.
DELIVERY & SHIPPING
Bergie’s Garden & Gifts will pack and send your order as soon as possible, generally within 1-3 working days of order confirmation.
We send our orders via Australia Post and various couriers, dependent on the product size & your location, generally you will receive your order within 3-14 working days from date of order.
If applicable, you will be charged a delivery fee over and above the cost of your order. These charges are dependant on the value & size of your order and may change from time to time.
PAYMENT & PAYMENT METHODS
All prices quoted on the site are in Australia Dollars and are inclusive of GST.
Credit Cards we accept are Visa & MasterCard.
We also accept payment via PayPal.
REFUNDS & RETURNS
If you receive any faulty or damaged stock, please advise us within 7 days and we will replace the damaged or faulty goods at no charge.
Any orders that you receive incorrectly through the fault of Bergie’s Garden & Gifts, will be replaced at no additional charge to you, or you can choose to receive a full refund of the initial charge.
If you order a product incorrectly, we are happy to refund your purchase or swap the unwanted item for another product, provided you notify us of the error within 7 days of date of receipt of goods and the products are returned to us unopened and in resalable condition. In this case, you will be responsible for any postage charges incurred.
If you paid for your order by credit card, any refunds to you will be credited directly back to your credit card and will be received within 14 days. If you paid by means other than credit card, Bergie’s Garden & Gifts will refund the amount by the same method where possible, or by EFT; timeframes will be dictated by method accordingly
DID YOU MAKE A MISTAKE ON YOUR ORDER?
Once an order has been placed, we cannot guarantee being able to change an order prior to shipping. However, if you notify us of an order error via email or phone as soon as possible, being sure to include your order number and date of purchase, we will do our best to correct the order for you.
WHAT IF WE ARE OUT OF STOCK?
Our website contains stock control so this is a rare occurrence. If we do run out of something you have ordered, we will contact you via phone or email within 2 working days of receipt of your order and provide you with an estimated time when the product is expected to be back in stock. At this time, you can decide to:
i.) Keep the item on backorder, in which case as soon as the product is in store it will be shipped to you (at no further
delivery cost to you)
ii.) You can choose to take a refund on the amount (please see refund details above) or
iii.) You can replace the product with another(s) to the same value if you wish.
We want to make sure you receive your order as soon as possible. Please be sure to provide your exact billing address, email address & telephone number. Incorrect information may cause a delay in processing your order.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Bergie’s Garden & Gifts. Any and all material which appears on this site, including text, logos, graphics, images, photographs, icons, site design, graphics and other material (collectively the “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2006, ALL RIGHTS RESERVED.
By entering and using this site you agree not to replicate or copy this site or any of the information contained within it, break the terms that you have agreed or enter the site other than through the designated public and secure access presented to you as a first-time user or a member.
Bergie’s Garden & Gifts may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Site; or
(iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third
party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
Bergie’s Garden & Gifts maintains the right to suspend or terminate access (Yours) to all or some of the Site, without notice, in our sole discretion.
INFORMATION ERRORS ON THE SITE
In the event a product is listed at an incorrect price due to an error in information received from our suppliers or due to a data entry (typographical error), Bergie’s Garden & Gifts shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. This will also apply to any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Bergie’s Garden & Gifts shall within 7 days issue a credit to your credit card account in the amount of the incorrect price.
As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. You agree any claim relating to the Site and our service can only be dealt with in a court in Western Australia.
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.