Accounts and passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure. GardenSmart may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.
You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data, via email, comment, post, blog, enquiry or other means (Content). You own any Content you upload and publish (Your Content). Other Users own any Content they upload and publish (User Content).
Responsibility for Your Content
You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others. GardenSmart has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicise and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.
Prohibitions on Your Content
Your Content must not include anything which: (a) you do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements); (b) reveals your or another person’s identity or sensitive information, such as email addresses, phone numbers or addresses; (c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or (d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal. If you fail to abide by these prohibitions on your content, you may receive an email from GardenSmart informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of GardenSmart.
Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. GardenSmart, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site. We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content) that we become aware of, without notifying you.
Interactions with other Users
No illegal use
You must not use the Site in any manner or for any purpose which is illegal.
All materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trade marks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trade mark and other intellectual property laws. You may use Our Content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content. To the extent allowed by law, GardenSmart does not guarantee the accuracy, completeness, security or currency of Our Content or User Content and we have no liability to you for your use or reliance on Our Content or User Content. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. GardenSmart reserves all other rights not expressly granted.
The Site may contain hyperlinks to sites operated by third parties (including social media sites) (Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for deciding whether you want to use a Linked Site. You access these sites and use or buy their products and services solely at your own risk. When you access and use Linked Sites, you are subject to their terms and conditions of use. GardenSmart does not control or endorse and are not responsible for any features, content, Products or other materials on or available from a Linked Site. Any rights, claims or actions you may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site. GardenSmart may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.
Liability and indemnity
GardenSmart will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Transfer and Assignment
If GardenSmart merges with, sells to or otherwise changes control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that GardenSmart has collected from you and any agreements it had made with you in connection with your use of the Site.
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and GardenSmart.
The failure by GardenSmart to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by GardenSmart.
Returns and Exchanges
Please refer to our Returns, Exchanges & Warranty policies.
Please refer to our Returns, Exchanges & Warranty policies.
- Pre-order items are NOT in stock but very limited and in high demand. By purchasing a pre-order item, you are reserving your item before it arrives at our warehouse on a first come, first served allocation basis. We will ensure that pre-order items are sent out within 24 hours of their arrival.
- While pre-order items have been officially allocated to us from our suppliers and we limit the number of pre-orders we accept, due to rare circumstances outside of our control such as unexpected supplier shortages or stock getting damaged or lost in transit, we cannot guarantee there will always be enough stock to fulfil all pre-orders. In the rare event that we cannot supply your pre-order items, we will refund your order immediately and notify you if we cannot obtain more stock.
- All orders containing pre-order items will be placed on hold until all items are available and will be shipped together in one shipment. If you require separate shipments, you will need to place separate orders.
- Estimated arrival dates for pre-order items are approximate only and the item may arrive earlier or later.
- You will receive an email notification once the order has shipped.
- Pre-orders cannot be refunded or exchanged before delivery.
- Where items are marked as "No discounts available", any coupon codes that have been used will NOT be honoured even if our website accepts the code. The discount applied would need to be paid in full within 3 business days or the pre-order will be cancelled and refunded.