Terms & Conditions

Terms of Agreement for online trading
between
Verdant Enterprises Pty Ltd (ABN 73 066 426 131) (“Wilson Australia Accessories”)
and
The user of this website (“You/Your”)

Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions.

Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

1. PLACING AN ORDER AND PAYMENT

1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Verdant Enterprise to You in accordance with clause 1.5.

1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by Paypal or credit card only. Verdant Enterprise accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2.

1.3 All Purchase Orders placed through this Website are subject to
confirmation and acceptance by Verdant Enterprise. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by Verdant Enterprise will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3.4 and 3.5. Verdant Enterprise may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Verdant Enterprise.

1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD).

1.5 Verdant Enterprise may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If Verdant Enterprise requests payment for increased prices, You may cancel the order by giving notice to Verdant Enterprise, which must be received within seven days of the announcement of the increase.

1.6 This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser

1.7 Verdant Enterprise does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and
identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder’s authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

1.8 Verdant Enterprise reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.

1.9 The Website is owned and operated by Verdant Enterprise. This Agreement supersedes all prior agreements and may be revised by Verdant Enterprise from time to time.

1.12 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.

2. YOUR USE OF THE WEBSITE

2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Verdant Enterprise’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs,
deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

3. DELIVERY

3.1 Verdant Enterprise delivers to most destinations around the world.

3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside  Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.

3.3 Verdant Enterprise uses international courier companies, such as DHL, to deliver Products outside of Australia. Delivery of Products within
Australia is affected using courier companies, such as Toll/ipec or Aust Post.

3.4 Verdant Enterprise will use reasonable endeavours to arrange despatch of the product within 48 hours of You submitting the Purchase Order. Upon receipt of the tracking number from the courier being used to deliver Your Product, Verdant Enterprise will notify You by email of the despatch of the Product and the tracking number. This email is acceptance by Verdant Enterprise of Your offer to purchase the Product.

3.5 Expected delivery times are:

– for international deliveries, within 10 working days; and
– within Australia, within 7 working days.

3.6 The expected delivery times set out in clause 3.6 are estimates only. Verdant Enterprise will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set
out in clause 3.5.

3.7 All deliveries must be signed for. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product.

3.8 If there is no one at the delivery address to receive the Product, the Product will be returned to the depot by the courier company. The courier company may attempt further delivery of the Product to You, however, if this is not effected Verdant Enterprise will arrange for the return of the Product to Verdant Enterprise and refund the price to You, less any shipping costs incurred by Verdant Enterprise, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.

4. VERDANT ENTERPRISE RETURNS POLICY

Returns by You for change of mind

4.1 If You wish to return or exchange Product because of a change in mind, You may do so in accordance with the following process:

a. You must notify Verdant Enterprise within 14 days of accepting delivery of the Product and arrange return of the Product within 21 days after such notification.

b. You must notify Verdant Enterprise by email info@wilsonaustraliaaccessories.com.au to obtain a “Return ID number”, or please call Verdant Enterprise’s Customer Services Help-Line on a Business Day between 9.00AM and 5.30PM (Australian Eastern Standard Time) on: +61 3 9596 0616

c. You must provide a “proof of purchase”, being either an invoice, bank statement, email confirmation from Verdant Enterprise, or delivery note.

d. You must return the Product to the following address:

Wilson Aust Accessories Web Returns
PO Box 2157
Brighton 3186
Victoria Australia

e. You must mark on the courier company’s consignment note that it is a return/replacement if it is a return from a country outside Australia, so that the Products do not attract possible customs duties and taxes again.

f. You must return the Product in its original condition.

g. It would be desirable that You return the Product with the original packaging.

h. You are responsible for arranging any insurance on the Product.

i. You are responsible for the cost of the shipment of the Product.

j. Upon receipt of the Product by Verdant Enterprise, Verdant Enterprise will refund to You the purchase price for the Product, less any shipping costs.

k. Refunds can only be credited back to the credit card that was used to make the original purchase. The refund will be processed as soon as the items have been received by Verdant Enterprise, however, please allow 14 days from the day You return the Product for Your account to be credited.

l. Exchanges are only possible if the item is available. If You wish to exchange, please make Your request clear when requesting Your Return ID number.

Returns by You for faulty or damaged Product

4.2 If You wish to return faulty or damaged Product, Verdant Enterprise will gladly repair, exchange or refund the original price in accordance with the following process:

a. You must notify Verdant Enterprise within 6 months of receiving the Product of the flaw or damage, and then arrange return of the Product to Verdant Enterprise within 28 days after such notification.

b. You must notify Verdant Enterprise by email info@wilsonaustraliaaccessories.com.au obtain a “Return ID number”, or please call Verdant Enterprise’s Customer Services Help-Line on a Business Day between 9.00AM and 5.30PM (Australian Eastern Standard Time) on: +61 3 9596 0616

c. You must provide a “proof of purchase”, being either an invoice, bank statement, email confirmation from Verdant Enterprise, or delivery note.

d. You must return the Product to the following address:

Verdant Enterprise Web Returns
PO Box 2157
Brighton 3186
Victoria
Australia

e. If it is a return from a country outside Australia, You must mark on the courier company’s consignment note that it is a return/replacement, so that the Products do not attract possible customs duties and taxes again.

f. Verdant Enterprise will pay for the shipping costs on return of faulty or damaged Product. Please obtain a courier authorisation number from Verdant Enterprise’s Customer Services Help-Line, as the Product must be returned registered with our couriers, either DHL (International) or Australia Post (within Australia).

g. Verdant Enterprise will then refund the Price to You in full.

h. Refunds can only be credited back to the credit card that was used to make the original purchase. The refund will be processed as soon as the items have been received by Verdant Enterprise, however, please allow 14 days from the day You return the Product for Your account to be credited.

i. Exchanges are only possible if the item is available. Verdant Enterprise can only exchange faulty items for the same item in the same style, subject to availability. If You wish to exchange, please make Your request clear when requesting Your Return ID number.

j. Repairs will be performed at Verdant Enterprise’s expense and returned to You in accordance with the delivery process set out in the terms and conditions. Verdant Enterprise will bear the cost of returning the Product to You.

5. YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS

5.1 You will be asked to accept this Agreement during the purchase process by ticking “I have read and accept the Terms and Privacy information”. By ticking “I have read and accept the Terms and
Privacy information” you agree to the terms and conditions of this Agreement.

5.2 From time to time, this Agreement will be reviewed and may be revised. Verdant Enterprise reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer by Verdant Enterprise.

6. WEBSITE AVAILABILITY

6.1 From time to time down-time, either scheduled or unscheduled, may occur. Verdant Enterprise will work within reason to ensure this amount of down-time is limited.

6.2 Verdant Enterprise will not be held liable for the consequences of any down-time.

7. INTELLECTUAL PROPERTY

7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to
recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Verdant Enterprise or by other parties that have licensed their material to Verdant Enterprise.

7.3 Verdant Enterprise’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Verdant Enterprise.

7.4 All rights not expressly granted are reserved.

7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Verdant Enterprise’s direct control and Verdant Enterprise accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Verdant Enterprise is entitled to require you to remove any link from another website to this Website which you install without obtaining Verdant Enterprise’s prior written consent.

8. WARRANTIES

8.1 You acknowledge that the Products require special maintenance. Verdant Enterprise will not be liable for any damage caused by any failure by You to maintain the Product properly.

8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.

8.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified
(“Non-excludable Rights”). Notwithstanding any other term in this Agreement, Verdant Enterprise does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

9. LIMITATION OF LIABILITY

9.1 To the fullest extent permitted by law, Verdant Enterprise’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Verdant Enterprise, to:

– in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

– in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

9.2 Verdant Enterprise’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Verdant Enterprise has been notified of the possibility of such loss or damage.

9.3 You agree that Verdant Enterprise’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

10. FORCE MAJEURE

10.1 Verdant Enterprise will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Verdant Enterprise’s reasonable control.

11. TERMINATION

11.1 Verdant Enterprise reserves the right to terminate this Agreement at any time.

11.2 Subject to clause 11.3, Verdant Enterprise shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

11.3 If the Product has not been delivered to You prior to any termination of this Agreement by Verdant Enterprise, Verdant Enterprise will refund to You any payment You have made prior to the termination.

12. MISCELLANEOUS

12.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.

12.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Verdant Enterprise in writing.

12.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.

12.4 The Agreement will be made on Verdant Enterprise’s acceptance of Your offer and will be, and is, governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.

12.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Victoria, Australia are an inconvenient forum for any dispute or any matter in any way
related to, or connected with, this Agreement or any transaction contemplated by this Agreement.

12.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain
in full force and effect.

12.7 Verdant Enterprise may be notified by email at info@wilsonaustraliaaccessories.com.au, fax on +61 3 9596 0615 or post to Po Box 2157 Brighton, 3186, Victoria, Australia.

13. DEFINITIONS

“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time.

“Verdant Enterprise” means Verdant Enterprise Pty Ltd. “Products” means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.

“Purchase Order” means the online purchase order form to be completed by You in relation to Your purchase of the Product.

“Website” means internet website with the URL www.wilsonaustraliaaccessories.com.au and associated websites.

“You” means the user of the Website (and “Your” has the corresponding meaning).