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1.1 In these Terms:
“Company” means Designer Vertical Gardens. (Saber International Pty Ltd)
“Customer” means the purchaser of Goods/ services from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer, and any services incidental to the provision of the goods.
“Terms” means these terms and conditions of sale.
“Website or Ecommerce” Refers to the online website, and intellectual property of the Company and any relevant technological processes supporting the operation of online payments, the running of online marketing, or the provision of information via technological mechanisms.
References to Designer Vertical Gardens (DVG) or Saber International Pty Ltd are the same as a reference to the ‘Company’
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the
Company unless confirmed by the Company in writing by a Director of the Company.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
2.4 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative, which must be either a director or manager).
3.1 Prices are determined at the time of order and are subject to change without notice until a deposit has been received.
4. Payment / Overdue accounts or invoices:
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 A deposit of 50% of the invoice price must be paid when placing an order.
4.3 The balance of the invoice price must be paid in full before delivery, unless a
4.4 Interest is payable on all overdue accounts calculated at 20% per annum, or the cash rate plus 2%, whichever is the greater from the date due, until payment is received and cleared.
4.5 All collection fees, legal expenses or other costs associated with a later account or overdue invoice will be added to the total amount owed by the customer, and the customer agrees to be held liable for such costs.
5.1 The Customer must, within 5 days of being notified of the goods availability, collect or accept delivery of the Goods, and pay the balance of the invoice on receipt of the goods, unless otherwise stated in the relevant invoice.
5.2 Upon lodgment to a courier or 3rd party for delivery the company takes no responsibility, or makes no commitments with respect to delivery times, or delivery dates.
5.3 In the event that a customer specifically requests a specific freight service, the company may book such a service, however, makes no gurantee that the service will be delivered according to what the courier company advertises, i.e. a 3 day service is specifically requested and booked by the company will not mean the company gurantees a 3 day service, and in the event that a service is not delivered this does not give rise to the customer cancelling / repudiating such an order.
5.4. Risk of loss / damage passes to the customer upon lodgment with the courier. A customer can request insurance on their consignment should they desire and the company will provide a quote.
5.5 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit / monies received and resell the Goods.
5.6 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.
5.7 Any failure on the part of the Company to deliver installments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
5.8 The customer will be liable for any re-delivery fees, re-directions fees or other fees associated with changing the delivery address after the company has booked the item for collection.
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds, however, liability for damage or loss rests with the customer should the item have been dispatched.
7. Risk and Insurance:
7.1 The Goods are entirely at the risk of the Customer from the moment of dispatch to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Goods and insure (or personally guarantee any loss) for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8. Misuse and Liability resulting from use:
8.1 The company does not make any representation as to the suitability of the products sold with respect to a specific application.
9. Cancellations / refunds or exchanges:
9.1 If goods have been offered to the customer by the company, the company reserves the right to cancel the order up until the point where the goods are delivered. The Customer will pay for any costs incurred up until the point of cancellation.
9.2. Refunds and exchanges will be dealt with in accordance with the Designer Vertical Gardens Customer Refund / Exchange Policy, which follows:
Policy Intent: provide clear direction regarding refunds and exchanges to all Designer Vertical Gardens Customers, whilst ensuring that genuine customers don’t end up subsidizing customers who change their mind.
9.3. No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given at the Company’s election, it is subject to the Company being reimbursed all losses, including loss of profits, and being paid a cancellation fee.
9.4. Should a customer place an order and later cancel, their deposit will be forfeited or 25% of the order value will become due to Designer Vertical Gardens, whatever is greater.
9.5. Where a customer changes their mind and wishes to exchange their order for an alternative product they may do so, however, all shipping costs to the customer and from the customer back to our Melbourne warehouse will be borne by the customer. The customer will be liable for the shipping of the new stock that is being dispatched, and if multiple of the same item are being returned a 10% restocking fee.
9.6. When a customer’s order has resulted in additional expenses being incurred, i.e. but not limited to: air freight / express couriers, consultancy services, construction services or any other costs they will be liable for all of these costs, in addition to any other costs incurred.
9.7. If a customer has requested a product be custom designed / built for them they are liable for 100% of the amount. The full amount is payable within 7 days of cancelling the order, or 7 days after the invoice date, whichever is the sooner.
9.8. Please note that an invoice shipping line item may not be the true cost of the shipping / freight, and it may have indeed been included into the item’s cost too, therefore a customer’s exchange amount may be less or more.
9.9. In the unlikely event there is a defect with a product / service Designer Vertical Gardens will always honor its obligations under Australian Law immediately and without hassle or delay.
9.10 Designer Vertical Gardens reserve the right to vary this policy at any point, and without notice.
10. Limited Liability:
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the common, or statue law.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
10.3 If any statutory provisions under the relevant statue or common law apply to the contract between the Company and the Customer (C o n t r a c t) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
and in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
10.4 The customer also indemnifies, and agrees not to take any action against the company for negligence, or a breach of any duty of care established under common or statute law.
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act, law or common law implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negated and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11.5 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
11.6 Any claims relating to the UV treatment of the panels are subject to fair and ordinary use – the company’s representations with respect to fading, cracking or deterioration of any kind do not apply in any after five years from the sale of the goods.
12. Display and Sample:
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
14.1 The company does not make any guarantee about specific products unless stated otherwise.
15. Right to Enter Premises:
15.1 In any of the circumstances referred to in clause 14, the Customer:
(a) authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
(b) assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
(c) the customer authorises the company to enter the customer’s premises to provide the goods, or other services such as quotes or consultations as the company deems necessary.
16. Force Majeure:
16.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood,
earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
17. Waiver of breach:
17.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
18. No Assignment:
18.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
19.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
20.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by registered post or sent by email.
20.2 Communications shall be deemed to have been received:
20.2.1 if sent by registered post, two Business Days after posting (exclusive of the day of posting); or
20.2.2 if delivered by hand, on the day of delivery; or
20.2.23 if sent by electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
20.3 Communications addressed to the Supplier shall be marked for the attention of: Manager
21. Operation of Website / Ecommerce Facilities.
21.1 Saber International Pty Ltd (www.designerverticalgardens.com.au)- this includes any other domain names pointing to www.designerverticalgardens.com.au This document governs your relationship with the Website, including; access to, and use of the Website and the products and services available through the Website. By using the Services, you are agreeing to all of the Terms and Conditions of Sale, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.designerverticalgardens.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
21.3 Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of the company or its licensors
and are protected by copyright laws and treaties around the world. All such rights are reserved by the company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
21.4 Terms of Sale
By placing an order you are agreeing the Company’s ‘Terms and Conditions of Sale’.
Purchases made via www.designerverticalgardens.com.au may be cancelled at any time, and it is the customer’s responsibility to pay any shipping costs, and to check whether the goods are in stock.
The Company reserves the right to select the courier, or delivery service for the purchased goods. Insurance may be offered, and will be subject to the advertised rate, and in the event that the insurance policy is required an insurance excess may be charged – this will be in accordance with the insurers policy, and excesses may be charged, such charges will be billed to the customer unless agreed otherwise.
21.5 Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.designerverticalgardens.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.designerverticalgardens.com.au ‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
21.6 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
22. Provision of Services:
All construction, design or installation services (works) offered by the company may be done so by a 3rd party, or a party not related to the company. The company makes no express or implied representation or guarantee that such parties are insured, or appropriately qualified. Should works occur and the company has invoiced, attended or arranged the works such a service has been done so on a non-commercial basis. The company does not in any way take responsibility or liability for any works performed.
23. Price Match Guarantee
23.1 We will match the price if Saber International are able to verify the competitor’s price and that the competitor’s offer is current, not expired and in stock.
23.2 Saber International reserve the right not to sell at or below our cost price.
23.3 To be eligible for a price match the item in question must be identical as to brand, size, model, quality etc. and new in stock – the quality must be the same and be proven to be free from heavy metals and UV tested by way of test reports – should this be relevant to the item.
23.4 We exclude items sold in stock liquidations, clearances, auctions, commercial quantities, contract pricing, project quotation, shop soiled, damaged or seconds.
23.5 The policy applies to competitor’s final price including GST, taxes, fees, delivery and other charges, based on delivery to our business in Moorabbin I.e. we will only match the final delivered price, i.e. if you are in Victoria and you have found a competitor interstate we will match their price delivered to postcode 3189, for our stock price.
23.6 The competitor in question must be in our geographical market, not overseas.
23.7 For fair comparison, competitor’s cash price will be matched on a cash basis.
23.8 Prices will not be matched unless the competitor business has a physical store / shop front within Australia – residential addresses / home businesses will not be price matched.
24. Governing Law
24.1 These Terms and the Contract shall be governed by the law of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.
24.2 The Customer agrees to undertake mediation prior to the commencement of any legal proceedings.