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Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions. Jardin Villa Pty Ltd ("Jardin") Account customers also agree to Jardin Villa's "Standard Terms and Conditions of Trade".
By registering to use this site Users agree to be bound by these Terms and Conditions.
Identification
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
Jardin reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.
Unavailability
From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. Jardin, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of Jardin or the Service Provider.
Privacy and Storage of your personal information
It is necessary for Jardin to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.
Pricing
Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order..
Indemnity
The Customer indemnifies Jardin against any claim or loss arising from or related in any way to any dealing, including use of the Website, between Jardin & the Customer or anything arising therefrom or arising as a result of or subsequent to any breach of these Terms.
Copyright
Material on this site is all the copyright of Jardin or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
Limitation Of Liability:
a) The Customer will limit any claim upon Jardin relating to goods, to the cost of replacement of goods or the supply of equivalent goods & relating to services, to the cost of having services supplied again b) Jardin shall not be liable for any claim arising after 7 days from delivery of goods or performance of services (or at all once goods have been unpacked, modified, on-sold or otherwise used or applied) after which there shall be deemed to be unqualified acceptance c) Jardin will not be liable in any way for any contingent consequential direct indirect special or punitive damage arising whether due to Jardin's negligence or otherwise & the Customer acknowledges this limit of liability & agrees to limit any claim accordingly d) No other term condition agreement warranty representation or understanding whether express or implied in any way extending to or otherwise relating to or binding upon Jardin is made or given.
Returns
a) If Jardin elects to take back product it must be in as new & saleable condition & upon terms agreed & a re-stocking fee of not less than 15% of invoice value will apply b) Custom made or custom processed goods or goods acquired by Jardin specifically for the Customer will not be returnable c) Any goods which are accepted in writing by Jardin as defective may be returned & will be replaced free of charge or be the subject of a credit for the invoiced value. Free of charge does not include any labour or transport.
Delivery
a) Jardin accepts no responsibility for delivery but may elect to arrange delivery at its discretion & without any liability & at the Customer's costs & responsibility in all things b) Jardin reserves the right to charge for any delivery c) The Customer shall be deemed to have accepted delivery & liability for the goods immediately Jardin notifies that they are ready for collection or when they are delivered to a carrier or to the Customer's business premises or site whether attended or not d) A certificate purporting to be signed by an officer of Jardin confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket e) Jardin will not be liable for delay, failure or inability to deliver any goods f) Once the Customer has been notified that goods are ready for collection, the Customer agrees to pay all costs of holding or handling goods g) Frustrated Delivery: If time spent delivering exceeds 15 minutes or requires more than one attempt, the Customer agrees to pay all costs relating thereto plus a loading of 10% to cover administration costs.
Stock Discretion
Jardin has a continuing discretion to allocate available stock & gives no warranty as to certainty of supply unless expressly agreed in writing in advance.
Severability
If any provision of these Terms which are found to be invalid or unenforceable for any reason it shall be severed and such invalidity or unenforceability will not affect the operation or interpretation of any other provision of these Terms.
Default
Default or breach of any part of these Terms or in any dealings with Jardin will entitle Jardin to retain all monies paid, call-up all monies unpaid, cease further deliveries & recover from the Customer all damages & loss of profits without prejudice to any other of its rights.
Products & Services
a) Jardin disclaims any responsibility or liability whatsoever relating to any dyes colours colour fastness characteristic suitability for any particular purpose or process b) the Customer agrees to check and test all goods prior to use alteration or any sale or application thereof whether in relation to any dyes colours, colour fastness, characteristic or suitability for any particular purpose or process or otherwise c) the Customer agrees to check all goods for compliance with all relevant applicable standards & regulatory bodies before use, on-sale or application & to use on-sell or apply same in accordance with all applicable standards, regulations & guidelines, with all manufacturers &/or Jardin recommendations & directions as well as with good commercial practice d) Jardin may update modify make substitution or alter any of its goods or any component or raw material incorporated in or used in forming any party of any goods as part of its ongoing business. The Customer agrees to accept current goods in substitution for any goods ordered provided they are not materially different e) Jardin disclaims any responsibility or liability relating to any goods i) processed or made to designs drawings specifications or measurements etc or with materials which are provided, required or approved (whether in part or fully) by or on behalf of the Customer ii) utilised stored handled or used incorrectly or inappropriately.
Other Terms & Conditions & Notice
a) No terms &/or conditions sought to be imposed by the Customer upon Jardin shall apply unless agreed in writing b) The Customer will be deemed to have notice of any change to these Terms, immediately Jardin adopts them.
Recovery Costs
The Customer will pay all costs & expenses of Jardin, its legal advisers, mercantile agents & others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these Terms or of any dealings with Jardin.
Waiver
If Jardin elects not to exercise any rights arising as a result of breach of these Terms it shall not constitute a waiver of any rights relating to any subsequent or other breach.
Force Majeure
Jardin will not be in default or breach of any dealing with the Customer as a result of Force Majeure (ie: anything beyond Jardin's reasonable control). Without limiting the generality of the foregoing, Jardin will not be liable for late delivery of goods to the Customer caused in whole or in part by late delivery by Jardin's suppliers and/or manufacturers.
Discounts
Any discount offered by Jardin is at its complete discretion & will only be available provided the Customer is not in breach of any part of these Terms.
Jardin not a Manufacturer
a) The Customer acknowledges that Jardin is not the manufacturer of any goods b) Goods are sold subject to any manufacturer's trading terms and conditions and are covered (if at all) by any manufacturer's warranty applicable thereto c) Jardin shall not be liable to any party as manufacturer d) Jardin will use all reasonable endeavours to assist the Customer to claim upon the actual manufacturer but at the Customers cost in all things e) If Jardin is deemed manufacturer of any goods in any circumstances, the Customer will fully indemnify Jardin against any liability loss or cost associated therewith.
Variation
Variation or cancellation of any order dealing or arrangement must be agreed in writing.
