WEBSITE TERMS OF SALES
Garden Life Pty Ltd
ABN 36 117 076 954
158 Princes Highway
St Peters NSW 2044
Phone: +61 2 9517 3633
By accessing or using this website, you agree to these Terms and Conditions (as they may be updated, at our discretion, from time to time).
Black Friday Sale 2023
This sale is online sale (not available in-store) taking place on our website www.gardenlife.com.au from 9.00am Friday 17 November until 12 midnight Monday 27 November. The sale is available to Australian residents only. Prices are as marked and exclude delivery fees. Delivery fees will be calculated at the check out. All sales are final. There are no refunds or exchanges on sale items. The sale price cannot be used for out of stock products or back orders and cannot be used with any other offers or promotions. Sale pricing is available only while stocks last.
Please note that although every effort is made to photograph our products accurately, we cannot guarantee every computer monitor will accurately depict the actual colour of our products. Please contact us with any questions about the products you’re interested in before purchasing.
Security, Confidentiality & Privacy
We aim to provide all customers with a safe online shopping experience. Our system encodes your credit card and contact details to ensure our safe transfer to us. The records of all activities you undertake or record using our website will remain strictly confidential and will only be disclosed to our employees and contractors for the purposes of fulfilling your order. We do not disclose any information to third parties. We respect your privacy and personal information and comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). We may use your email address to send our email newsletters and other announcements regarding promotions, new products, and special events. Should you wish to be removed from our mailing list at any time, please email: firstname.lastname@example.org.
Marketing Communications & Privacy
Garden Life only collects personal information when you knowingly provide it. Personal information is collected in a number of ways, including directly from you via the phone, email, within marketing activities and invitation responses, and when you submit information to us through our website (e.g. by email, a form or cookies).
Promotional & Marketing Material
Your contact details may be used by us for the purposes of sending marketing correspondence or invitations to you. We acknowledge and respect an individual’s choice to opt-out of our direct marketing communications and activities. Should you decide you do not wish to receive marketing or promotional materials from us, please contact us via email: email@example.com
All amounts listed on this website are in Australian Dollars (AUD).
You can pay by credit card on our website, or you can call us to place your order over the phone. Our customer service phone line is open from 9 am – 5 pm, Monday through Friday.
Placing An Order
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions. If you are unclear about any aspect of these Terms, please don’t hesitate to contact us.
Prices and availability of goods are subject to change without notice. If an item is purchased online and found to be out of stock, you will be contacted within 24 hours and offered a full refund or notified of when the item will be available.
Please read our full Delivery policy.
We deliver Australia-wide (some exclusions may apply), using a range of third-party couriers to get orders to customers in the quickest and most cost-effective way. Delivery costs are calculated based on the total order size and weight, and your delivery location. Your order will be dispatched for delivery within five business days from purchase. Couriers offer a door drop service for boxed items and kerbside drop off only, for large or heavy items in wooden crates or pallets. If you’d like a VIP Delivery Service, find out more here.
Light to medium weight items will arrive boxed and will be dropped at your door. Large, heavy and fragile items will arrive on a wooden pallet, and some will also be in an enclosed wooden crate. They will be dropped to the kerb. Please ensure you double check the weight of your pot before ordering. It’s a good idea to organise an extra set of hands (or more!) on delivery day for large, heavy, or bulky items that come in a wooden crate or pallet. Sadly, couriers will only ‘drop’ the delivery and cannot help with opening or carrying products into your home, or taking away packaging, crate rubbish or wooden pallets.
Click & Collect
Click & Collect orders are available within three business days from date of purchase and can be picked up from our store in St Peters during trading hours. Collections must occur within 14 days of an order being placed. Should you require storage after 14 days, a storage fee of $25 per week per pallet will be charged. Storage options are subject to availability.
The customer is solely responsible for the installation and use of products. Garden Life is not responsible or liable for any installation by a third party.
Garden Life is not able to offer an ongoing warranty once our pot products are installed. This is due to the nature of the pots and the exposure to the elements, plants, soil, and water.
Garden Life’s pots have drainage holes. This is to ensure water is free flowing. Please ensure these holes are not blocked before planting/installing soil. Please do not use geo-fabric, textile fabric, silt fence, cloth or similar materials, as it will become clogged by silt and roots which will prohibit water from exiting the pot.
Please place the pot in its designated location and fill with good quality Australian Standard Potting Mix specific soil. Potting Mix is free draining which enables the water to flow through the soil profile.
Once planted, the pots need to be raised up on packers or other material, to ensure water drains away freely. Excess water in the soil profile can adversely affect the structural integrity and the exterior finish of the pot.
Returns & Returns
Please read our full Return & Refunds Policy.
Sale Items & Custom Products
Sales items are considered a final sale and cannot be exchanged, returned, or refunded.
Manufacturing Natural Variations
Due to the handmade nature of many of our products, the dimensions listed are a general guide. Variations in size, weight and colour can be expected. The following variations are not considered faults or defects. Products may:
- Contain minimal colour or texture variation
- Expand, contract, or distort as a result of exposure to heat, cold, weather
- Mark or stain when exposed to certain substances
- Be damaged or disfigured by impact or scratching
- Damage or disfigure due to incorrect installation methods
- Have non-structural crazing cracks
- Have scuff marks or slight scratching
We regret that Garden Life is not able to offer an ongoing warranty once pots are installed. This is due to the nature of the pots and the exposure to the elements, plants, soil, and water. A pot is still fit for purpose if it has natural deterioration or discolouration due to its use as a garden pot.
Full refunds including shipping costs will be available in the instance of a major fault/defect as per Australian Consumer Law.
Any modifications or changes made to the pots will automatically void all warranty. Should a valid warranty claim be made, Garden Life is not liable for any costs associated or incurred by the customer as a result of removing and re-installation of faulty pots.
If you wish to make a claim, please contact our Customer Care team at 02 9517 3633 or via email: firstname.lastname@example.org. You will be asked to provide the order or invoice number and date of purchase; and photographic evidence to support your claim, including a top shot of the product with at least two close-up images of the defect.
For the avoidance of doubt, a product is not defective if there is a manufacturing variation referred to above.
Subject to the above and subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement.
We give no warranties if any expressly set out in these terms and conditions; and all implied conditions, warranties and rights are excluded.
The following only applies if you are located in Australia and deemed a “consumer” under the Australian Consumer Law (ACL) and may not apply in your case. Our products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. By stating these rights, we do not vary or extend the remedies otherwise available to you. The name, business address, telephone number and email address of the person giving this warranty are:
Garden Life Pty Ltd
ABN 36 117 076 954
158 Princes Highway
St Peters NSW 2044
Phone +61 2 9517 3633
Notwithstanding any other provision of this agreement, we shall have no liability to you (whether for breach of contract, negligence or on any other basis) for loss of use, profit, revenue, business, contract, or anticipated benefit or saving, or for any delay, increase in operating costs or for any special, indirect or consequential loss. Otherwise, our maximum aggregate liability to you (whether for breach of contract, negligence or on any other basis) is limited to the price of the product in respect of which such liability may arise.
Our Intellectual Property
Unless otherwise indicated, we own the copyright and other intellectual property rights (“IP”) in the content on this website. Some of the IP in the content may be owned by someone else and is included on our website under a license or agreement. All copying, downloading, reproduction, distribution adaptation, modification or communication of the site or any content is prohibited except with our prior written permission.
Links From This Website
Our website may be linked to other websites over which we have no control. We make no representations about the accuracy of information contained on those websites. We are not liable for the content on those websites.
This agreement shall be governed by the law of New South Wales, Australia, and the parties agree to submit to the jurisdiction of the courts of that State and any courts having appellate jurisdiction from them.
We publish electronic addresses on this website to facilitate communication relating to our business functions. We give no consent to receiving unsolicited commercial electronic messages or SPAM.
This website (Site) is operated by Garden Life Pty Ltd – ABN 36 117 076 954 (we, our or us). It is available at: www.gardenlife.com.au and may be available through other addresses or channels.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace, or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining permission from us to do so.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives, or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit, or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose;
- access will be uninterrupted, error-free, or free from viruses; or
- our Site will be secure.
You read, use, and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Garden Life Pty Ltd – ABN 36 117 076 954
Last update: April 2023