Terms of Use

Introduction

This website is owned and operated by Life Style Gardens Nursery (ABN 63594052558). Access to the website is subject to the visitors acceptance and agreement with the terms, conditions, notices and disclaimers as published on this page. Use of, and/or access to, the website constitutes agreement to the Terms of Use. Life Style Gardens Nursery reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to this webpage.

Privacy Policy

Life Style Gardens Nursery warrants that all personal information submitted by visitors to the website will remain the confidential property of the website owners and will not be intentionally sold or given to any third party without permission of the individual.

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the website is Copyright © 2008 Life Style Gardens Nursery unless indicated otherwise on the website. All content is protected by International and Australian trademark and copyright laws. The contents of the web site must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express written authorisation of Life Style Gardens Nursery, except where expressly authorised on the website.

Advertising, links to third party websites and e-commerce offers

The website contains hyperlinks and other pointers to Internet websites operated by third parties. Life Style Gardens Nursery is not responsible and provides no warrantly for the contents of any linked website or any hyperlink contained in a linked website.

About These Terms And Conditions
In these Terms and Conditions "we" and "us" means Lifestyle Gardens Nursery Pty. Ltd., ABN 63594052558, 167 Gilbert Street, Latrobe, Tas. 7307, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between you and us for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Placing Your Order

*PLEASE NOTE: To purchase products from this site you MUST register as a user first.
Click here to register.

You may place an Order by clicking the "Add to Cart" buttons.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

Information contained on the Lifestyle Gardens Nursery website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Lifestyle Gardens Nursery will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email or fax, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Lifestyle Gardens Nursery Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone. will make every effort to supply Products to you.

GST
Lifestyle Gardens Nursery Pty Ltd purchases include GST unless otherwise stated on a Product listing.

Prices
Lifestyle Gardens Nursery Pty Ltd reserves the right to change prices for Products displayed at Lifestyle Gardens Nursery Pty Ltd at any time.

Our Liability
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Lifestyle Gardens Nursery Pty Ltd Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Lifestyle Gardens Nursery Pty Ltd Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

Credit Card Fraud
Whilst Lifestyle Gardens Nursery Pty Ltd employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Lifestyle Gardens Nursery Pty Ltd will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Lifestyle Gardens Nursery Pty Ltd. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Lifestyle Gardens Nursery Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Lifestyle Gardens Nursery Pty Ltd, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Lifestyle Gardens Nursery Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.
No Lifestyle Gardens Nursery Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure
Lifestyle Gardens Nursery Pty Ltd shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Lifestyle Gardens Nursery Pty Ltd, and Lifestyle Gardens Nursery Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Tasmania.