These terms and conditions apply to the use of the Acacia Mower Centre web site, including the purchase of goods and services using the web site. In using the web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Acacia Mower Centre web site.
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from Acacia Mower Centre.
This agreement is between the entity named on the invoice (the “Customer”) and Acacia Mower Centre (“Acacia Mower Centre”).
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Acacia Mower Centre has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
Return or Exchange of Goods
Acacia Mower Centre will gladly refund or credit goods returned within a reasonable time provided the goods are in original condition, current version and not a special order or clearance item. Otherwise, we will make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by Acacia Mower Centre, a restocking fee of up to 25% may apply. Acacia Mower Centre requires all goods to be returned to our shop at the customers expense.
Please note “special order” goods are goods that are not in stock at the time of an order and therefore especially ordered to meet a client order. These can only be returned if agreed to by Acacia Mower Centre.
Right of refusal for the return or exchange of products is at the discretion of Acacia Mower Centre, except where the Trade Practices Act of Australia makes allowance. A restocking fee of up to 25% may apply to returned goods.
All products sold by Acacia Mower Centre are covered by the manufacturers’ warranty that accompanies the product. Acacia Mower Centre makes no additional or independent warranty. Acacia Mower Centre does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the provide with their respective products. All products must be returned to Acacia Mower Centre to be assessed for warranty failures. Any transport costs are not covered by warranty unless specified in the manufactures warranty statement.
Delivery of Goods
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and Acacia Mower Centre shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of Acacia Mower Centre, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Acacia Mower Centre as a result thereof and Acacia Mower Centre, at its discretion may charge a restocking fee of up to 25% of the purchase price.
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Acacia Mower Centre of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
Acacia Mower Centre uses 3rd parties to deliver the goods. We can guarentee a speedy delivery to the third party, however we can not guarentee the third party meeting the delivery timeframe.
Title of Goods
The goods shall remain the sole and absolute property of Acacia Mower Centre as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to Acacia Mower Centre in respect of any loss or damage to the goods during such bailment.
The price shall be paid by the Customer in full on or before the payment date, prior to any goods being sent to the customer.
Certain goods require the payment via bank transfer or more secure means when the items are picked up.
In addition to any other rights or remedies of Acacia Mower Centre in the event of the Customer’s default hereunder, Acacia Mower Centre shall be entitled:
- To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
- To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licences Acacia Mower Centre, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by Acacia Mower Centre as a result of the Customer’s default;
- At the sole discretion of Acacia Mower Centre charge a restocking fee of up to 25% of the purchase price.
Errors and Omissions
At Acacia Mower Centre, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. Acacia Mower Centre makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, Acacia Mower Centre shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Acacia Mower Centre shall immediately issue a refund.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
Items with an availability of Pre-order means they are currently not in stock and we will take orders. These items are usually only 3 – 5 business days away. If the item is on special we will honor the special price unless the terms of our arrangement with our suppliers changes from when the item went out of stock. In these cases please check with the store before orderring.
Changes to Terms and Conditions
Acacia Mower Centre may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.
Alternative T & C
While we welcome all visitors to the Acacia Mower Centre website, please be aware that by accessing our site, you agree to be governed by certain terms and conditions. These Terms and Conditions govern the use of Acacia Mower Centre’ website and the purchase of any goods from it. The website is owned and operated by Acacia Mower Centre (ABN No: TBA)
Please be aware that all website content, including all forms of images, designs, descriptions and photographs appearing on our website are the designs and creations of Acacia Mower Centre. These materials are intellectual property and are protected by Copyright laws. We do not give permission to recreate our designs in any way, nor do we give permission for this site, or any portion of this site, to be reproduced, transmitted, duplicated, copied, sold or resold without the express written consent of Acacia Mower Centre.. Any unauthorised usage of these materials is a violation of these laws, and will result in appropriate action being taken where necessary.
The information contained on the website is provided by Acacia Mower Centre in good faith. We are not affiliated with any other company, nor do we take any legal responsibility for any other company’s products or services. To the best of Acacia Mower Centre knowledge, the information contained on our website is accurate and current. Acacia Mower Centre does not make any representation or warranty as to the accuracy of the information.
We will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for product liability, personal injury or negligence resulting from the use of our goods or services to you, or on behalf of you.
Should any shopper of acaciamowercentre.com.au have a problem with a particular product received in one of our gift hampers, please contact the manufacturer of that product directly.
Links to Other Websites
This site may contain links to other third party websites. These linked sites are not under the control of Acacia Mower Centre, and we cannot accept responsibility for the conduct of companies linked to our website. We do no accept any responsibility or liability for the management of these websites and recommend that you examine the terms and conditions and privacy policies of those sites before disclosing your personal information to any linked sites. Links to third party websites does not constitute a recommendation or endorsement by us for the goods and services that are offered by the third party.
Prices, Products, Availability
Our website is kept as updated with any out of stock items and we make every effort to keep our pricing, product information and availability as up to date as possible. We reserve the right to adjust prices/availability without notice, when required. We also reserve the right to substitute products that may be unavailable or out of stock. However, we guarantee the replacement item will be equal or greater to the value of the original item.
If we find that any requested product is unavailable or shipment is delayed for any reason, we will contact you immediately to discuss alternatives.
Acacia Mower Centre will endeavour to supply your product as displayed, however, due to stock availability. Stock levels are updated on our website frequently, however it is possible that stock is sold at a location and not immediately reflected on the website. This could result in a slight delay in the goods arriving at the customers address.