The VegBed Terms and Conditions
Healthy Wholesale Nursery Pty Ltd
t/a The VegBed (ABN 14 660 327 596 )
404 Windsor Road Vineyard NSW 2765
Terms & Conditions
About The VegBed Online Store
Welcome to The VegBed Online Store
Please read these terms carefully.
The VegBed offers products for sale to consumers through The VegBed online store at http://thevegbed.com.au (“The VegBed Online Store”).
You and The VegBed may enter into a sale contract for the sale and supply of products, by you making an offer for the relevant product via The VegBed Online Store, and purchasing the product at the price advertised on the The VegBed Online Store.
The VegBed will receive your Order and payment made via The VegBed Online Store.
Where The VegBed accepts your Order, it will sell and deliver the products to you in accordance with these terms.
In these terms:
- “you” or “your”, means anyone who visits and/or uses The VegBed Online Store.
- "Order" means an offer made by you in response to an invitation to treat made by The VegBed through The VegBed Online Store.
- “us” or “we” or “our” is a reference to The VegBed.
(1) By accessing and/or using The VegBed Online Store, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) We reserve the right to amend these terms at any time at our sole discretion. Your continued use of The VegBed Online Store will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us.
You must be eighteen (18) years of age or over to purchase products from The VegBed Online Store.
The VegBed Online Store only delivers products to delivery sites located in Australia.
Any Order and/or purchase made by you using this The VegBed Online Store is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who places an Order.
(1) You must choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully review any Orders before adding them to your shopping cart and proceeding with your Order.
(2) You may enter into a contract with us for the sale and supply of products by you making an offer via The VegBed Online Store to purchase a product at the price advertised on The VegBed Online Store by:
- (i) placing an electronic Order for the products using The VegBed Online Store;
- (ii) you confirming the Order details in accordance with the procedure on The VegBed Online Store;
- (iii) you making payment in full (plus applicable delivery and handling charges) on The VegBed Online Store; and
- (iv) the acceptance of that offer by us.
(3) When entering into a sale contract via The VegBed Online Store, you will be taken to have communicated your offer to purchase the products only when:
- (i) any requirements set out in these terms have been met;
- (ii) the electronic instruction containing the offer from you enters and is recorded in our database;
- (iii) a record is created and stored in our database; and
- (iv) we receive in our account full payment from you for the product (including applicable delivery and handling charges) and confirmation of that payment is received by our database.
(4) You acknowledge that:
- (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties' reasonable control;
- (ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage, arising directly or indirectly in connection with the transmission of an electronic instruction through The VegBed Online Store, or any failure to receive an electronic instruction;
- (iii) we may act on and process all completed electronic instructions transmitted or issued through The VegBed Online Store without further consent from or reference to you; and
- (iv) we may treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(5) You will receive emails from us when you confirm your order and when we ship the order to you.
(6) If your Order is not accepted by us, we will notify you by email and arrange for a full refund of any payment made by you.
(7) We may at our sole discretion, accept or reject any offer made by you for any reason, including an error in the advertised price for, or description of, the products on The VegBed Online Store, or an error in your Order.
(8) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by email as soon as possible.
(9) We will be deemed to have accepted your Order on issue of a tax invoice to you for the sale and/or on the fulfilment of your Order.
(10) If the product needs to be returned for any reason other than issues with manufacturing specifications or product damage then a return fee applies. No refund is available on customer built products except at the discretion of management.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges and are subject to change.
(2) We will offer each product for the price listed on The VegBed Online Store for sale until sold, or where a date is specified, until the specified date.
(3) Images of products shown without any advertised price beside that image are not offered for sale.
(4) We reserve the right to correct any errors.
(1) All payments must be made in full.
(2) Payments for products through The VegBed Online Store can only be made by Credit Card. Payments for products through The VegBed retail store in Vineyard can be made by cash, credit card, EFTPOS and direct debit.
Supply and Delivery
(1) Subject to you complying with these terms and acceptance of your Order by us, we will sell and supply the products to you as shown on your Order confirmation.
(2) A delivery charge of $55.00 will be added at the time of purchase to all deliveries to the Sydney metropolitan area (see out Postcode Guide under the Shipping and Delivery link).
(3) For all deliveries outside of the Sydney metropolitan area, you must call The VegBed for a delivery quote prior to completing your order.
(4) The VegBed requires that you or another responsible person sign for the delivery at the delivery address, unless other arrangements have been made in writing. In the event that you or another responsible person are unable to sign for the products on delivery, we will not deliver the products. You may be liable for a further delivery charge for second and subsequent deliveries.
(5) You may arrange with The VegBed Online Store at time of purchase not to require a signature on delivery and to have the products left unattended at the delivery address. If you elect to have the products left at your delivery address without a signatory, The VegBed takes no responsibility for any loss of or damage to the products.
(6) All products are delivered to the front curb only. If you require delivery past the front kerb you are liable for any loss or damage that we incur.
If you have any query about the progress of your Order please contact us by email at email@example.com.
Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection.
Damaged or Faulty Products and Refund Policy
(1) All products sold by The VegBed are covered by the manufacturers’ warranty that accompanies the product unless otherwise stated
(2) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
- (a) legal rights and remedies in Australia under the Australian Consumer Law 2010 (ACL) and other rights under other consumer laws applying in each Australian State and Territory; and/or
- (b) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
- (3) If the defect in the product constitutes a major failure within the meaning of the ACL you are entitled to choose between either a full refund or a replacement product. Any replacement products must be of the same type and value as the product purchased.
(4) Your right to a replacement product is also subject to availability. If a replacement product is not available, we will provide you with a full refund.
(5) Refunds will be made by electronic transfer to your nominated bank account only
(6) If the defect in the product is a minor failure within the meaning of the ACL we may, at our absolute discretion, offer you either a full refund, a replacement product or to repair the product.
(7) Please choose carefully as we will generally not provide you with a refund or exchange simply because you changed your mind.
(8) If your Order arrives damaged, please contact us immediately at firstname.lastname@example.org.
Disclaimer and Indemnity
(1) To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage arising from your use of The VegBed Online Store including loss or damage you might suffer due to errors, mistakes or inaccuracies on The VegBed Online Store.
(2) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth), the ACL or equivalent State or Territory laws.
(3) All products purchased by you from The Veg Bed Online Store are to be used solely for the purpose for which they are designed.
(4) The VegBed seeks to manufacture all of its products to the dimensions specified on The Veg Bed Online Store. However, on occasion there may be small discrepancies (of between 10 and 20 mms) in the size of the products supplied due to fact that the products are handmade.
The VegBed Online Store Information and Content
(1) Photographs are for illustrative purposes only and may vary from the products depicted or described.
The Veg Bed has sought to reproduce all colours as accurately as possible. However, there may be slight variations in colours between the images shown on the website and the final delivered product due to lighting conditions, your individual computer settings and other factors.
(3) We may, at any time, add or remove content from The VegBed Online Store without notice.
(4) Although we will use our best endeavours to confirm the accuracy of any information supplied to us by a third party, you agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by manufacturers or suppliers. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Your Use of The VegBed Online Store
(1) You agree to use The VegBed Online Store only for purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts The VegBed Online Store. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of The VegBed Online Store or features that prevent or restrict use or copying of any content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) We may stop providing access to The VegBed Online Store to you, either temporarily or permanently without prior notice to you.
(5) We may in our sole discretion terminate or restrict your access to The VegBed Online Store.
Links to Other Websites
(1) The VegBed Online Store may contain links to other websites, content or resources, which are owned or operated by third parties. You access any linked websites at your own risk.
(2) You must not link any site to the http://thevegbed.com.au or The VegBed Online Store without our prior written permission.
Secure Data and Transmissions
(1) We cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems. We do not warrant that your access to The VegBed Online Store will be uninterrupted, error free or that any defects will be corrected.
(2) You must take your own precautions to ensure that the process which you use to access The VegBed Online Store or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
Intellectual Property Rights
(1) You acknowledge that any intellectual property rights, including graphics, logos and trademarks on the http://thevegbed.com.au and The VegBed Online Store are owned by us, and must not be used in any manner without our prior written consent. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use them.
(2) You may not modify or copy the layout or appearance of http://thevegbed.com.au and The VegBed Online Store nor any computer software or code contained in http://thevegbed.com.au or The VegBed Online Store
Privacy and Personal Information
(1) The privacy of your personal information is important.
(2) We may collect personal information directly from you when you place an Order on The VegBed Online Store.
(3) Your personal information will not be collected if you only browse The VegBed Online Store.
(4) You agree that we may use your email address to send you messages concerning your order and any newsletters you have subscribed to, such as “Seasonal Updates”.
We will not be liable for any delay in performing our obligations if such delay is caused by circumstances beyond our reasonable control.
These terms will be governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.
If any part of these terms are found to be void or unenforceable then those terms will be severed and the remaining terms will remain in force and constitute the agreement between you and us.
Transfer and Assignment
We reserve the right to transfer or assign the personal information, content and rights that we have in relation to you to any third party acquirer of our business.
Our failure to exercise or enforce any right under these terms will not constitute a waiver of any such right.