The Savvy Garden : Garden Feature : Garden Furniture : Outdoor Settings : Water Feature : Water Fountain

The Savvy Garden website is operated by The Savvy Gardener Pty Ltd, trading as The Savvy Garden (ABN: 84 123 372 841). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ('Terms and Conditions'). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.

The Savvy Gardener Pty Ltd reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended.

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. The Savvy Gardener Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with The Savvy Gardener Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment.

Ordering through The Savvy Garden is easy just follow the simple steps outlined here:

• Browse through The Savvy Garden website and add items into your shopping barrow.
• Use the Checkout button to begin making payment.
• Enter your details into the checkout screen including a valid Australian postcode (for freight calculations).
• Verify your details are correct and select the required payment method.
• For Credit Card Sales : Choose this option, click on Pay Now!. You are taken to The Savvy Gardens Secure Commonwealth Bank Credit Card Payment Gateway where you select your card type, enter in your credit card details and continue. You are informed of any unsucessful transactions and given the opportunity to attempt the payment again. Upon a successful Credit Card transaction, you can print out your Tax Invoice/Receipt for your records.
• For Printed Order Forms : Chose this option to make payment via Cheque, Money Order, Direct Deposit, or non-internet based credit card payments. Print the order form and fill in the payment options, Post, fax, or email the completed form to The Savvy Garden for processing.
• For Manual Freight Calculation Orders: This option is automatic should any items you have selected require a manual freight calculation. The Savvy Garden will be emailed your order along with your address details and the freight will be calculated. You will be contacted manually with the cost of freight, and you can make payment arrangements at this point.
• Once your payment or order is completed, your shopping barrow can be emptied (in the case of a secure credit card payment, the shopping barrow is automatically cleared) and you can start the process again.

The Savvy Garden does not submit an order to our supplier until full payment from you our customer has been received and cleared. This is usually done with 24 hours unless you are paying by cheque or money order which will take longer.

We do not provide any guarantees or warranties in relation to the availability of goods that you may wish to purchase from us. In the event an item is out of stock, we will advise you as soon as possible of the order and delivery time for such item, however such time will only be an estimate as we rely on the times provided by Suppliers. However such times are only estimates and can only be given once an order is ordered in accordance with these terms and conditions.

Should an item be out of stock you will be contacted within 5 working days by our customer care team notifying you of this delay and the new expected delivery time.

Please note that once you have paid for an item that is out of stock and your order has been placed with our supplier your order is unable to be cancelled. See Cancellation of Order for further details.

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.

The Savvy Garden makes every attempt to ensure our pricing is correct and up to date however our suppliers will sometimes change our pricing and this may impact on the price of your item. Should a change in pricing occur we will not be notified by our supplier until we go to make your order. In the event that we need to increase the cost of your item we will contact you immediately to notify you of the new price and ask for your permission to go ahead and process the order. Should you not wish to proceed you will be offered a full refund.

Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

The Savvy Garden offers our customers a number of payment options - please note that depending on the payment option you choose, it may delay us ordering the good/s purchased. Please refer to "Orders";

Visa Card or Master Card Only. Payment is made over the Commwebb page which is operated by the Commonwealth Bank. The Savvy Garden has no control over this site any questions on security should be directed to Commwebb or the Commonwealth Bank.

You can make payments via credit card over the phone to one of our customer care staff. We accept Visa and Mastercard. Once your payment has been processed your credit card information is shredded.

You can deposit the money direct into our bank account through your bank or via electronic funds transfer. Please ensure you put your order number as your transaction identification so that we can easily identify your payment. This will help us to ensure your order is processed quickly.

We accept personal cheques, company cheques, bank cheques and money order. Cheques must be made payable to The Savvy Gardener Pty Ltd and posted to:

At The Savvy Garden your privacy and the security of your information is of paramount importance to us. All our online payments are processed using CommWeb which is a premium e-commerce payment gateway. This system uses industry-standard 128bit SSL encryption between our website and The CommWeb payment server making it highly secure.

When making payments via credit card over the phone your details will be taken by one of our customer care staff. Your payment will then be processed and your credit card information destroyed through our shredding machine.

Please read the Delivery Information contained in this website. The delivery times are indicative only and The Savvy Gardener Pty Ltd will not be liable for any failure to observe these delivery times.

It is extremely important that you select a delivery address where deliveries can be made during business hours between Monday and Friday. You must specify a street address as items cannot be delivered to post office boxes.

Please ensure that you provide clear instructions under delivery instructions at checkout and that you take into consideration the large and heavy nature of some of the items you are purchasing. This is of extreme importance if you have limited access re: an apartment building with no lift access or no side gate.

Please note additional re-delivery fees are applicable if an item has to be redelivered due to no or insufficient delivery instructions been given on your part. A minimum redelivery fee of $25 is payable on each item plus you may also be charged an additional fee if extra man power or equipment is required by the courier company to deliver your item. The Savvy Garden reserves the right to recharge your account the redelivery fee per item and any additional charges we incur. These fees are charged to you at our cost and you will be notified prior to this fee being charged to your account.

Subject to availability of stock, the delivery time on the majority of our items is within seven to fourteen working days. Because our products are sourced from a number of suppliers located in different areas across Australia delivery times will vary between Suppliers and if you have ordered multiple items it is likely that they will have to be shipped from different suppliers which means that your products will not necessarily all arrive at the same time.

At checkout you will be shown the expected delivery time for each item. You will also be shown an out of stock delivery time which is the timeframe we require to get the product to you if the product is out of stock or has to be made to order. For example the majority of our polypeel weave outdoor furniture settings are made to order and have a fourteen to sixteen week delivery time, this is specified at checkout. For more information on what happens if your product is out of stock. See out of stock for further details.

At The Savvy Garden we want to ensure that your product arrives safely at your specified delivery address. For this reason somebody must be at your specified delivery address to sign for and receive the goods. We encourage you to ensure that you are at the delivery address to ensure smooth delivery of your item.

Delivery will be between the hours of 9am - 5pm Monday to Friday except for public holidays. We regret that we are unable to offer a specific time for delivery and couriers will not call.

If somebody is not there to sign for the goods when they are delivered the courier will take the item back to the depot and will leave a card informing you that they have made a delivery attempt. You will then be required to call the number on the card and arrange a new delivery time. Please note that a minimum redelivery fee of $25 is payable on each item and that The Savvy Garden reserves the right to recharge your account the $25 redelivery fee per item. You will be notified prior to this fee being charged to your account.

We only hold a small amount of stock on smaller items with the majority of our products being shipped directly to you by our Suppliers. This system avoids double the handling and double the freight costs.

The Savvy Garden uses Australia Post, couriers, road transport and Furniture transporters to deliver your goods. These companies are chosen at the discretion of our Suppliers and The Savvy Garden.

Products that you order may come from a number of suppliers who are located in different areas around Australia. For this reason freight is calculated on each individual product that you purchase (Definition of product: A product may be a single item or a set as determined by the product description).

To keep freight costs to our customers at a minimum The Savvy Garden absorbs some of the cost of the freight on each item. The cost of freight on each item and the expected delivery time is shown to you at Checkout. All items on our site incur a freight charge which is determined in either of the following three ways (at our discretion):

The Savvy Gardener Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance when getting delivery of goods.

The Savvy Gardener Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Savvy Gardener Pty Ltd has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of The Savvy Gardener Pty Ltd for any breach of such term, condition or warranty shall be limited, at the option and discretion of The Savvy Gardener Pty Ltd, to any one or more of the following:

The Savvy Gardener Pty Ltd will only make, and is only obligated to make, a refund in accordance with their Refund Policy, the guidelines for eligibility are detailed in its Refund Policy.

The Savvy Gardener Pty Ltd refund policy is as follows - no other returns are permitted or accepted unless provided in these terms and conditions:

In the event that the wrong item is shipped to you must contact The Savvy Garden Customer Care Team within 24 hours of receiving the item to enable us to arrange a replacement item to be shipped to you. You will not incur any additional costs in this circumstance. Your replacement item will be shipped to you as quickly as possible within the normal delivery time frame for that item.

Please note we do not accept returns under the following circumstances:

You accept that all refunds will be provided to you by EFT or in any other way decided at the discretion of The Savvy Garden and will be made within 5 working days of the clearance of the funds paid in the Savvy Garden bank account.

You are permitted to cancel an order only if the order has not been placed with the supplier, however the following penalties will apply:

We take care to ensure we provide you with accurate colour descriptions and images however there may be reasons why the colour of your item on arrival is not as depicted on your screen.

We cannot offer refunds based on colours of products not being what you wanted so please choose carefully.

The Savvy Gardener Pty Ltd (ABN: 84 123 372 841) is covered by the National Privacy Principles as set out in the Privacy Act 1988 and amended by the Privacy Amendment (Private Sector) Act 2000).

To comply with our obligations we have adopted a Privacy Policy which sets out how we manage privacy in our organisation. As responsible corporate citizens we appreciate the importance of confidentiality. This part of the obligation remains unchanged by this privacy policy. The privacy policy deals with your additional right to privacy and is independent of our contractual and ethical obligations. View Privacy Policy

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.