Effective Date: August 1, 2024.

Introduction

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced on our website.

If you do not agree to these Terms, you must not use our Services.

Company Information

The Services are operated by:

Newlander Australia Pty Ltd

ABN 35 638 368 251

Email: information@newgarden.au

Eligibility

To use our Services, you must:

- be at least 18 years old, or

- have permission from a parent or legal guardian.

By placing an order, you confirm that all information provided is accurate and complete. We do not knowingly sell to anyone under the age of 18 without verifiable parental or guardian consent. If we become aware that an order has been placed by a person under 18 without such consent, we reserve the right to cancel the order and issue a full refund.

Product Information

We make reasonable efforts to ensure product descriptions, images, pricing, and availability are accurate. However:

- Colours may vary due to screen settings

- Measurements are approximate

- Availability is not guaranteed

- We may correct errors at any time

We reserve the right to modify or discontinue products without notice.

Orders & Acceptance

When you place an order, you are making an offer to purchase the products. We may accept or reject your order at our discretion.

An order is only confirmed when you receive an Order Confirmation email.

We may cancel or refuse orders for reasons including:

- product unavailability

- suspected fraud

- incorrect pricing

- incomplete or inaccurate information

If your order is cancelled, you will be refunded in full.

Pricing & Payment

All prices are listed in Australian Dollars (AUD) unless stated otherwise. International customers should be aware that currency conversion fees may apply depending on your bank or payment provider. We are not responsible for any additional charges applied by your financial institution.

We accept payment through approved third-party payment processors such as:

- Shopify Payments

- PayPal

- Stripe

- Afterpay (if enabled)

We do not store or process your credit card details. Prices may change at any time without notice.

Shipping & Delivery

Shipping times are estimates only and may vary due to:

- carrier delays

- customs processing

- high-volume periods

- incorrect address information

Risk of loss passes to you once the order is handed to the carrier. You are responsible for providing accurate delivery information.

For international orders, any customs duties, taxes, or import fees imposed by the destination country are the sole responsibility of the customer. We have no control over these charges and cannot predict their amount.

Returns & Exchanges

Our Returns Policy forms part of these Terms and is available on our website. To be eligible for a return, items must comply with the conditions outlined in our Returns Policy, including:

- unworn and unused condition

- original tags and packaging

- hygiene requirements for certain items

We reserve the right to refuse returns that do not meet these conditions. Refunds are processed to the original payment method.

Promotions & Discount Codes

Promotions, sales, and discount codes:

- cannot be combined unless stated

- cannot be applied to past orders

- may be subject to additional conditions

- may be withdrawn at any time

We reserve the right to cancel promotions due to misuse or technical issues.

Intellectual Property

All content on the Services — including text, images, graphics, logos,
product designs, and layout — is owned by or licensed to Newlander Australia
Pty Ltd.

You must not copy, reproduce, modify, distribute, sell, or exploit any part of the Services without our written permission.

All images used on this website are either owned by Newlander Australia Pty Ltd, licensed for use, or sourced from publicly available platforms believed to be free for commercial use. If you are the copyright owner of any image appearing on this website and believe it has been used without your consent, please contact us at information@newgarden.au and we will promptly review and remove the image upon verification.

User Conduct

You agree not to use the Services to:

- engage in unlawful activity

- upload harmful or misleading content

- interfere with website functionality

- attempt to access restricted areas

- misuse our intellectual property

We may suspend or terminate access for violations of these Terms.

Third-Party Services

Our Services may include links to third party websites or integrations with third party providers (e.g., payment processors, analytics tools). We are not responsible for the content of third-party sites, their privacy practices, or their terms and conditions. You use third-party services at your own risk.

Limitation of Liability

To the maximum extent permitted by law:

- We exclude all warranties, express or implied

- We are not liable for indirect, incidental, or consequential losses

- Our total liability for any claim is limited to the amount you paid for the relevant product

Nothing in these Terms excludes rights guaranteed under the Australian Consumer Law (ACL).

Australian Consumer Law (ACL) Rights

Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to:

- a replacement or refund for a major failure

- compensation for reasonably foreseeable loss or damage

- repair or replacement for minor failures

These rights apply in addition to our Returns Policy.

Indemnity

You agree to indemnify and hold harmless Newlander Australia Pty Ltd from any claims, losses, damages, or expenses arising from your misuse of the Services or breach of these Terms.

1Force Majeure

We will not be held liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, supplier failures, industrial disputes, or disruptions to telecommunications or transport networks.

In such circumstances, we will notify you as soon as reasonably practicable and take reasonable steps to minimise the impact on your order.

Dispute Resolution

In the event of a dispute arising from these Terms or your use of our Services, both parties agree to first attempt resolution in good faith through direct negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation before pursuing formal legal proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court where necessary.

Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Changes to These Terms

We may update these Terms from time to time. The "Effective Date" will be updated accordingly. Continued use of the Services constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland.

Contact Us

For questions about these Terms, please contact:

Newlander Australia Pty Ltd

ABN 35 638 368 251

Email: information@newgarden.au