Terms & Conditions

1. Updates to these conditions of use

Due to ongoing technical and legal innovations that affect the internet, we have to amend and/or update the existing conditions of use from time to time. Please therefore check each time you use our website. The most recent update was in February 2015.

 

2. Copyright and other intellectual property rights

All content on our website, including texts, images, graphics, and audio and video files are the property of Moneytree Gardens Pty Ltd, unless the contrary is explicitly stated. The unauthorized use or misuse of any registered trademarks or logos of Hotel Products Direct are strictly not permitted.

 

Please note that any infringement of our copyright or other intellectual property rights may have civil law and/or criminal law consequences.

 

3. Disclaimer of liability

This website may from time-to-time contain links to websites from other providers. Moneytree Gardens Pty Ltd is not aware of the content of third-party websites and assumes no warranty or liability for any illegal content or other legal infringements on third-party websites.  We encourage our users to be aware when they leave our site to read the privacy statements of each and every website that collects personally identifiable information.

 

4. General

This website is designed to provide general information.  The use of this website and downloading of data is at the user’s own risk. Moneytree Gardens Pty Ltd does not assume any liability for any damage, in particular to data files, hardware and/or software of the user, arising as a result of such an action

 

Terms & Conditions

Introduction In these Terms and Conditions "we", “our" and "us" mean Moneytree Gardens Pty Ltd ABN 16 575 032 354 trading as Hotel Products Direct and "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.

1) Formation of Contract

A) You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an order reference number. Once we provide you with the order reference number a binding contract is formed.

2) Australia only Website

A) We only sell and deliver within our service areas within Australia.
B) All items are in Australian Dollars

3) Legal Capacity to Transact

A) If you are under eighteen (18) years of age, you cannot order via our website.
B) Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.

4) Processing your Order

A) Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.
B) We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
C) Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your Tax Invoice.
D) We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
E) If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.

5) Payment Methods and Processing

A) We currently accept VISA and MasterCard credit, Direct Deposit and PayPal.
B) Orders placed on weekends or public holidays will be processed on the next business day.
C) Business days are Monday to Friday, excluding VIC Public holidays.
D) We process payments only after you successfully complete the checkout.
E) Your tax invoice is your proof of purchase and is required for any warranty claims.

6) GST

A) All purchases are exclusive GST unless otherwise stated.

7) Pricing

A) We endeavour to display products at a competitive price.
B) We reserve the right to modify prices published on our website at any time.

8) Availability

A) We do our best to keep stock of most items listed on our website. All stock availability representations (graphical or text) on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice.
B) We will endeavour to contact customers if item/s are on backorder.

 

8A) Frieghting

Remote and Rural Areas - While we endeavour to offer a flat rate wherever possible, some orders may incur an addition freight charge due to the location of the shipping address and/or the size and weight of the order.

In these circumstances we shall weigh and measure your order to calculate the additional charge. You will then be notified of any additional charges and asked if you wish to proceed.

8B) Delivery Times

Metro - We endeavour to have most metro orders for capital cities delivered within 7 working days from the time of payment

Remote & Rural : Remote and rural locations including Islands may take an addition 7 days (14 days ) from time of payment

Delays - If a product is out of stock, or is a customised order then this may cause additional delays and the customer shall be notified.

9) Title and Risk

A) Title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

10) Cancelled Orders

A) Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
B) No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.

B) In the event that we agree to recieve a returned product due to a change of mind or cancellation, a 20% restocking fee will be charged.

 

11) Faulty, Damaged or Defective Product & Product Return

A) A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
B) If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available.
C) Products damaged in transit must be reported to us within 24 hours of receipt of the product.
D) If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
E1) Where a product is provisionally determined to be defective we will arrange to replace the product.                                                                                           

E2) A claim for marks or stains on textiles will only be acknowledged if the item is returned unused and unwashed. Once the product has been laundered no claim will be accepted.
F) Where we have provisionally determined your product is defective, return shipping may be arranged at our expense.
G) If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
H) We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $65 handling and administration fee.
I) Products must be returned whenever we agree to replace the product or provide you with a refund.
J) Where you have received a faulty, damaged or defective product by our freight service, we may make arrangements with you to collect the product.
K) Please ensure that all original items including packaging are returned.
L) It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.     M) If we agree for you to return a product and it is not defective, you are responsible arranging and paying for the freight to return the items. If the product deems to be used or soiled in any way you will not be credited for the product. This must be done within a strict14 day period. 

11A)  Use by and Best Before dates.

             A) Date marks give a guide to how long food can be kept before it begins to deteriorate or may become unsafe to eat.

             B) Foods that must be eaten before a certain time for health or safety reasons should be marked with a "use by date".

                  Foods should not be eaten after the use by date and can’t legally be sold after this date because they may pose a health or safety risk.

             C) Most foods have a "best before date". You can still eat foods for a while after the best before date as they should be safe but they may have lost some quality.

                  Foods that have a best before date can legally be sold after that date provided the food is fit for human consumption.

12) When a Replacement Product is arranged

A) A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
B) The delivery time for the replacement product may be the same as stated for the original product.
C) Replacement products are provided with the same warranty as the original product.

13) When a Refund is arranged


A) No refund will be processed until we have received the product from you.
B) Refunds will only be issued to the same credit card or debit card used for the original purchase.

14) Proof of Purchase for a Warranty Claim

             A) Be sure to keep your tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.

15) Warranty if an item is replaced

A) Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.

16) Warranty transfer

A) Warranty is only valid with proof of purchase on the original goods which will be warranted as long as it complies with all other terms and conditions. Warranty is NOT transferable.

17) Warranty Claims

A) Please contact us for all warranty claims.
B) Warranty is valid within
Australia only, however please contact the manufacturer in regards to international warranty.
C) For assistance with a warranty claim, please contact our customer service team via email.

18) Warranty Coverage

A) All items sold are covered by a minimum 12 months manufacturer’s warranty.
B) Manufacturers Warranty is valid within
Australia only and commences from the purchase date on your invoice.

19) Our Liability

A) Hotel Products Direct shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
B) To the extent permitted by law and subject to clause 26(d) our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
C) The Customer shall indemnify Hotel Products Direct and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
D) To the extent permitted by law, Hotel Products Direct and customer agree that Hotel Products Direct will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Hotel Products Direct shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if Hotel Products Direct has been advised of their possibility.
E) To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Hotel Products Direct shall be subject to correction without any liability on the part of Hotel Products Direct.

20) Your Personal Information

A) Please refer to the Hotel Products Direct Privacy Policy to see how we collect use and protect your personal information.

21) Credit Card Fraud

A) Whilst we use PayPal secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

22) General

A) You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
B) Any unauthorised assignment shall be deemed null and void.
C) If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
D) Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of Hotel Products Direct for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Hotel Products Direct, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
E) No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
F) We reserve the right to change the Terms and Conditions at any time.
G) No Hotel Products Direct employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
H) The contract cannot be changed unless agreed to in writing or by e-mail.
I) These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

23) Force Majeure

A) We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Hotel Products Direct, and Hotel Products Direct shall be entitled to a reasonable extension of time for the performance of such obligations.