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Terms and Conditions
1. Please read these terms and conditions thoroughly before using the website. By accessing or using the website you agree to be bound by these terms, including any amendments which may be made to them from time to time. If you do not wish to comply with these terms you should leave the website.
We may at any time alter any aspect of the website (including the goods and services offered through it, and your rights to access it), and we may remove content and introduce new content. These terms apply to any new features (including new services) introduced to the website.
We may alter these terms at any time, and you will be bound by any new terms posted on the website from time to time.
2. Content of Website
The website provides advice, services and other information for expectant mothers and new parents, and advertises and sells baby food products to them.
However, the information provided is general in nature and cannot possibly deal with specific situations that apply to individual cases. In particular, it is not a substitute for advice from or treatment by a doctor, midwife or other qualified health professional. It is your responsibility to evaluate the accuracy, completeness and fitness for any purpose of all information provided on the website, including any advice provided. In particular, if you have a health problem during pregnancy, or if your baby or child is ill, you should consult a doctor immediately.
3. Exclusion of Liability
Under no circumstances will Rafferty’s Garden® or its employees or agents be liable in contract, tort, or otherwise to compensate users of the website for any loss (including consequential loss), injury, damage or illness arising directly or indirectly from accessing or using the website and its advice and other contents, from any interruption in the availability of the website, or from any inaccuracy, error, or omission in the information provided, including any loss, injury, damage or illness arising as a result of any negligence by Rafferty’s Garden® or its employees or agents.
You access this website at your own risk. We do not warrant or guarantee that any material on the website will be free from computer viruses or other harmful code. You are responsible for implementing virus and other security checks.
All orders placed through the website will be an offer to purchase the goods specified in the order from us in accordance with these terms. You will have the opportunity in the order-making process to confirm the quantities and pricing before the order is placed. We may at our discretion accept an order for all or any of the goods listed in the order. Acceptance takes place when the goods leave our warehouse. Ownership of the goods passes to you when we accept your offer. We may refuse to accept an order for any reason, including where:
a. the goods are not available;
b. you have ordered too much (in our opinion) of a particular product or products;
c. we do not receive satisfactory payment from you; or
d. there has been an error in the pricing or description of the product.
e. the destination country of the products does not allow a certain product to enter bio security.
If we refuse to accept an order, we may contact you within 2 business days after the order is placed to advise how you should amend the order to enable us to accept it.
The cost of delivery will be payable by you. The costs we charge for delivery are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. You will have the opportunity to confirm the pricing applicable to a particular order during the order-making process. This applies to all orders. Orders will be dispatched within two days of payment clearance and delivery times will be 3-10 days after clearance of payment.
You may cancel or amend an order by contacting us at any time up to the time it is dispatched by us to you.
You may make payment on an order only by using credit card (we accept Visa, MasterCard).
We will not process or accept your order until we receive payment in cleared funds.
All prices given are in Australian dollars and all payments must be made in Australian dollars.
Payments made by credit card may incur a payment surcharge. This will be advised to you in the order process.
If any payment is declined, dishonoured or reversed, we may at our option charge you administration fees, for the inconvenience, time and expense we will need to go to resolve the matter.
We deliver products worldwide using Australia Post. Shipping times which we state for delivery are estimates only. We will use reasonable endeavours to ensure that delivery is made by the stated date, but we do not warrant that the date will be met.
We will not be liable for any loss or damage resulting either directly or indirectly from a failure to deliver on or by a specified date.
Risk of any loss, damage or deterioration of or to the goods will be borne by you from the time the goods leave our warehouse. At that point the goods belong to you (see clause above) and it is your responsibility to insure them if you wish to do so. We are not responsible for any damage, deterioration or loss which occurs after the goods leave our warehouse.
We are not obliged to deliver the goods to you if we are unable to do so as a result of matters which are beyond our reasonable control.
7. Customer Service Policy
Rafferty’s Garden® is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order, we will notify you within 2 business days to arrange an agreeable alternative item, a backorder, or a refund.
If you are a “consumer”, you will be subject to the Australian Competition and Consumer Act 2010.
Where you have returned goods to us on the basis of your rights under the Act, we will at our election replace the goods or provide you with a refund.
Where you have returned goods to us on the basis of your rights under the Act, we will reimburse you for the delivery costs when we receive an invoice or receipt for the delivery in a form acceptable to us.
You must provide proof of purchase for all returns.
We will comply with our obligations under the Australian Privacy Act 1988.
When you register or place an order, or when you call our offices, we may collect the any or all of the following information about you:
a. your name and contact details;
b. the products you order; and
c. information relating to the manner in which you pay (including your credit card and bank details).
This information is collected so that we may fulfil your order requests, both for the first order you make and for any subsequent orders. We will not be able to process your order without this information.
We will hold this information using secure technology and careful internal procedures to protect its storage and use during the order transaction.
You are entitled at any time to request a summary of the information we hold about you, and to request that any of that information we hold be deleted or corrected. We will endeavour to fulfil your request as soon as reasonably possible after you make it.
We will only use or disclose the information you provide in order to fulfil a request made by you, or otherwise where we are required or permitted by law to do so. Such situations include where we are required in court proceedings to do so, of we need to enforce a debt against you.
We use "cookie" technology to track usage of the website. This technology will only be used to track non-personal information, such as type of browser, operating system, and domain names. We do not extract personally identifiable information from this process.
10. Security Policy
When purchasing from Rafferty’s Garden® your financial details are passed through a secure server using the latest 256-bit encryption technology. 256-bit SSL encryption is approximated to take at least two trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre (firstname.lastname@example.org)
11. Linked Websites
This website may provide hypertext links to websites on the Internet which are operated by other people who offer products and services which we believe may assist you.
These links are for your convenience only and we have no control over the content or availability of other websites on the Internet. We make no representations about other websites or their content (even though you may access those other websites through this website). We do not accept any responsibility for the content of other websites and are not be liable for any loss, injury, viruses, damage or illness caused by or in connection with use of or reliance on any such content, or the use of goods or services available through those websites.
12. Intellectual Property
Rafferty’s Garden®, and third parties who have given us permission to use them, own various intellectual property rights in the content and design of this website, including:
a. New Zealand and Australian registered trade marks in the Rafferty’s Garden® logo and imagery;
b. copyright in the text, graphics, photographs, information and other content on the website, and the look and feel of the website.
You must not infringe these intellectual property rights in any way, including (but not limited to) by copying, modifying or distributing by any means or in any manner. Please contact us should you wish to use our content.
13. Territorial Applicability
These terms are governed by and construed according to the current laws of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia.
To the extent possible at law, these Terms apply as both contractual provisions and non-contractual disclaimers, so will apply regardless of whether these Terms constitute a contract.
15. Contact and Notices
Rafferty’s Garden® (ABN: 16 145 405 367) may be contacted by the following means:
a. by email at email@example.com;
b. by post at Building 26, Best Avenue, Mosman, 2088 AUSTRALIA;
c. by phone on New Zealand: +64 6 877 1416
d. by fax on New Zealand: +64 6 877 1419