Terms & Conditions
Our website, www.mabelsgarden.com.au, operated by Mabel’s Garden is registered to 9 Cowley rd, Dunoon. All references to “we”, “us” and “our” shall be deemed to be references to Mabel’s Garden and references to “you” and “your” shall be deemed to be references to persons placing an order via this website.
The following terms and conditions apply to all use of the Mabel’s Garden website. By placing an order with us you agree to have read, understood and accepted to these terms and conditions. Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before use or order placement.
- When placing an order, you agree that all details you provide to www.mabelsgarden.com.au for the purpose of purchasing goods are accurate and complete in all respects.
- Your contract for purchases made through www.mabelsgarden.com.au is with Mabel’s Garden and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
- All orders are subject to product availability and acceptance by Mabel’s Garden.
- The price and availability of goods are subject to change without notice.
- Promotional offers, vouchers and codes may not be used on sale products, or in conjunction with any other offer, unless otherwise stated. All offers are subject to availability and may be withdrawn at any time without notice. Any offer of free delivery is limited to a standard delivery service, within Australia only.
- By placing an order via this website, you are making an offer to Mabel’s Garden to purchase the goods detailed in your order upon the terms described, at which point your payment card will be debited.
- You certify that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered.
- If any product from your order is unavailable, we will contact you by email, then attempt to fulfill your order from store and confirm details of any cancellation made where fulfillment has not been possible.
- We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact our Customer Services team email@example.com It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will have their details passed onto the Police.
Mabel’s Garden reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- You breach any of our terms and conditions.
- If requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
- We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.mabelsgarden.com.au
- Sale/Offer/discount codes cannot be backdated to prior purchases.
- Sale/Offer/discount codes cannot be added to an order after an order has been placed.
CONFORMITY OF GOODS:
Every care is taken to ensure that the description, specification and pricing of all products shown on our website and in our catalogues is correct. The product information and specification provided is not binding, but is carefully considered and intended to give a general description of each product.
While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
Mabel’s Garden will act immediately to correct any error identified and are under no legal obligation to honour a price displayed in error.
All delivery time-frames stated are estimated and may be subject to change. Please note, for International deliveries, local import duties and charges may apply.
We always aim to pack and despatch your order as quickly as possible. Once it’s ready, we’ll send an email confirming all the details of your delivery including carrier and tracking information
Further information on each of our delivery options:
Delivered within 3-14 working days by Australia Post.
During busy sale / holiday periods please check Australia Post timeframes via their website.
Returns will be accepted within 7 days of receipt, where goods are returned in perfect condition and where possible in their original packaging with all tags attached.
We are unable to accept returns for change of mind, if a size that you did not order was received or if a faulty product was received a replacement will be sent free of charge.
YOUR RIGHT TO CANCEL:
- As an AU consumer you have up to 14 days from the day after you receive your order to cancel and return goods you have ordered from us.
- You can cancel your contract for sale of goods by contacting us on firstname.lastname@example.org
- You will have to bear the direct cost of returning the goods and they must be returned within 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- If you cancel your order we will reimburse you within 14 days from when we receive the goods back or when we receive proof you have sent the goods back (whichever is earlier).
- We will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for any ‘diminished value’ of goods e.g. worn clothing.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. We may modify these Conditions at any time by posting the Conditions on our website.
Mabel’s Garden does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Mabel’s Garden nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Mabel’s Garden or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Mabel’s Garden and any other associated company of Mabel’s Garden as if references to Mabel’s Garden included references to each such associated company.
While Mabel’s Garden uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Mabel’s Garden will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Mabel’s Garden takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Mabel’s Garden will not be responsible nor liable for your use of any other websites which you may access via links within this website. Mabel’s Garden does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Mabel’s Garden.
The entire liability of Mabel’s Garden under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Mabel’s Garden will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Mabel’s Garden may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Mabel’s Garden.
Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
All rights, including copyright, in the content of the www.mabelsgarden.com.au web pages are owned or controlled by Mabel’s Garden. In accessing www.mabelsgarden.com.au web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the www.mabelsgarden.com.au web pages for any other purpose whatsoever without the prior written permission of Mabel’s Garden.
These Terms and Conditions and your use of our website are governed by Australian law and you agree to submit to the non-exclusive jurisdiction of the Australian court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within Australia and under Australian law. Whilst we are happy to consider requests for products and enquiries from outside Australia, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside Australia complies with any applicable non-Australia laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
9 Cowley Rd