Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) apply to the use of the Yardner website (“Site”) and all services provided by SMXT Pty Ltd trading as Yardner (“Yardner,” “we,” “us,” or “our”), including Yardner Staging, Yardner Quotes, and the Yardner Online Store. By accessing or using the Site and our services, you agree to these Terms. If you do not agree, please refrain from using the Site or services.
1. Eligibility
- You must be 18 years or older to use the Site and our services. If you are under 18, you may only use the Site and services under the supervision of a parent or legal guardian who agrees to these Terms.
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Services Provided
- Yardner Staging: Plant and outdoor staging, landscaping, design services, yard revitalisation, and on-site design suggestions to prepare properties for sale.
- Yardner Quotes: Connecting users with vetted, qualified businesses for gardening and landscaping projects. Users receive up to three free quotes tailored to their project needs. Yardner does not provide the services directly.
- Yardner Online Store: Selling high-quality pots, plants, and garden accessories. Specific terms for the online store are detailed in Section 3.
- Blogs and Information: Providing blogs and resources for informational purposes only. These should not replace personalised advice specific to your needs.
3. Products and Pricing (Online Store)
- All products listed in the Store are subject to availability. We reserve the right to limit the quantity of any product or to discontinue any product at any time without notice.
- Prices are listed in Australian dollars (AUD) and include Goods and Services Tax (GST), unless otherwise stated.
- Yardner reserves the right to adjust prices at any time without prior notice.
4. Delivery
- Free delivery is available for orders of $199 or more within 10km of the Adelaide CBD. Orders under $199 within this area incur a flat delivery fee of $49.
- For delivery to locations between 10km and 20km from the Adelaide CBD, a delivery fee of $79 applies. For locations beyond 20km, delivery requires a custom quote.
- Delivery times may vary depending on your location and product availability. We will make reasonable efforts to deliver products within the estimated timeframe but cannot guarantee delivery dates.
- Customers are responsible for ensuring accurate delivery details are provided. We are not liable for delays or non-delivery due to incorrect information.
5. Returns and Refunds
- Damaged or Defective Products: If you receive a damaged or defective product, you must notify us within 7 days of delivery. We may require photographic evidence and reserve the right to request the return of the product for assessment.
- Change-of-Mind Returns: Unused, unopened items may be returned within 14 days of delivery. The customer is responsible for return shipping costs. Refunds for change-of-mind returns are subject to inspection and approval.
- Certain items, such as perishable plants and custom orders, are excluded from returns unless defective or damaged.
- Refunds will be processed to the original payment method within 14 business days of approval.
6. Payments
- Yardner accepts payments via Visa, Mastercard, Apple Pay, and Google Pay. All payments are processed securely, and your payment information is handled in accordance with our Privacy Policy.
- If a payment is declined, Yardner reserves the right to cancel or suspend your order until payment is successfully processed.
7. Privacy and Data Use
- By using the Site and our services, you consent to the collection, use, and disclosure of your personal information in accordance with Yardner’s Privacy Policy.
- Cookies may be used to enhance your browsing experience. For more details, please refer to our Privacy Policy.
8. User Obligations
- Users are responsible for providing accurate and complete information for all transactions and interactions with Yardner.
- Users engaging with Yardner Quotes must verify the qualifications and suitability of any businesses they choose to hire. Yardner is not liable for any agreements made between users and third-party providers.
- Users accessing Yardner Staging or on-site services must ensure safe and suitable access for our personnel.
9. Intellectual Property
- All content, trademarks, logos, and designs on the Site are owned by Yardner or licensed to us. You may not use, reproduce, or distribute this content without our prior written permission.
- “Yardner” is a trade name exclusively associated with SMXT Pty Ltd and its services, encompassing staging, quoting, and online retail. Any unauthorised use, reproduction, or misrepresentation of the Yardner name or associated materials is strictly prohibited and may result in legal action.
10. Limitation of Liability
- To the maximum extent permitted by law, Yardner is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Site or our services.
- Yardner is not liable for any illness, injury, or adverse effects resulting from the use of plants, soil, chemicals, or other products purchased from the Yardner Online Store. We source our products from a trusted supplier network but are not the wholesalers or manufacturers.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Yardner, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Nothing in these Terms limits your rights under the Australian Consumer Law.
11. Indemnification
- You agree to indemnify, defend and hold harmless Yardner and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. Severability
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Termination
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice.
14. Contact Us
- For questions or concerns about these Terms, please contact us at hello@yardner.com.au.
