Terms & Conditions

Online Store Terms and conditions

Welcome to our online store. This website is owned and operated by CMS Landscaping Design and Construction PTY LTD. By navigating our website and placing an order, you are indicating your acceptance of our policies and terms and conditions. It is important to note that none of the products we offer should be used for any illegal or unauthorized purposes, and users must refrain from transmitting any malicious code. CMS Landscaping Design and Construction PTY LTD reserves the right to refuse service to individuals at our discretion.

Refunds & Cancellations of Orders

For any faulty or damaged products, we offer a 30-day return policy to ensure your satisfaction. Should you encounter any issues, please contact us promptly so we can assist you with an exchange or provide store credit. Please inspect your purchase upon receipt, as exchanges will be processed as new orders and will incur shipping charges. Kindly note that we do not offer refunds or exchanges for change of mind, so we encourage you to make your selections carefully. Please contact us at charlie@cmslandscaping.com.au in regard to refunds.

Payments & Prices

Our online store employs the services of a reputable third-party payment gateway, Stripe, to securely process all transactions. Your sensitive information is handled with care, and we do not utilize third-party services for tracking analytical data unless you opt into our email marketing. You have the option to unsubscribe from our marketing emails at any time. Prices are subject to change without prior notice, and we retain the right to discontinue any product at our discretion.

Shipping

Online orders are typically shipped on Mondays and Thursdays, with the option for special arrangements upon request. Shipping fees start at $11.50 for standard parcels, utilizing Australia Post for delivery. Given the weight variations of our products, shipping costs may be determined based on the product's weight. For larger items, our team may reach out to coordinate specialized shipping. Thank you for choosing CMS Landscaping Design and Construction PTY LTD for your landscaping needs.

Intellectual Property

All content published and made available on our Site is the property of CMS Landscaping Design and Construction PTY LTD and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions


The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use


As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;

  • Violate the rights of other users of our Site;

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Act in any way that could be considered fraudulent; or

  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions


Users may post the following information on our Site:

  • Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

User Goods and Services


Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Limitation of Liability


CMS Landscaping Design and Construction PTY LTD and our directors, officers, agents, employees, subsidiaries, and affiliates past, present and future, will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity


Except where prohibited by law, by using this Site you indemnify and hold harmless CMS Landscaping Design and Construction PTY LTD and our directors, officers, agents, employees, subsidiaries, and affiliates past present and future from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law


These Terms and Conditions are governed by the laws of the State of Victoria.

Severability


If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes


These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Effective Date: 15th day of March 2024.