Terms & Conditions
TERMS & CONDITIONS
OVERVIEW
This website is operated by Yard & Home Direct. Throughout the site, the terms “we”, “us” and “our” refer to Yard & Home Direct.
Yard & Home Direct provides this website, including the information, products, tools and services available through the site, subject to your acceptance of these Terms & Conditions and our other policies.
By visiting our website and/or purchasing something from us, you agree to be bound by these Terms & Conditions, including any additional policies referenced on our website.
Please read these Terms & Conditions carefully before using our website. If you do not agree with these terms, you should not use the website or purchase products through it.
We may update these Terms & Conditions from time to time by publishing an updated version on our website.
Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.
SECTION 1 – ONLINE STORE TERMS
You must be legally capable of entering into a purchase agreement to place an order through our website.
You must not use our website or products for any unlawful or unauthorised purpose or violate any applicable Australian law while using our services.
You must not transmit viruses, malicious code or other material that could damage or interfere with our website or services.
We reserve the right to restrict or terminate access to our website where these Terms & Conditions are breached.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse or cancel an order where reasonably necessary, including where we suspect fraud, misuse, pricing errors or unauthorised activity.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website or services without our written permission.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable laws that cannot lawfully be excluded.
SECTION 3 – WEBSITE INFORMATION
We make reasonable efforts to ensure that information provided on our website is accurate and current.
However, occasional errors, omissions or outdated information may occur.
Product information, specifications, photographs and other website content are provided to assist customers in making purchasing decisions.
We reserve the right to correct errors or update website information where necessary.
SECTION 4 – PRICES
All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.
Prices may change without notice.
If an obvious pricing or listing error occurs, we reserve the right to correct the error. If you have already placed an affected order, we will contact you where appropriate before proceeding.
Any applicable shipping charges will be displayed before checkout. Where we advertise free shipping, this applies subject to the conditions stated in our Shipping Policy.
SECTION 5 – PRODUCTS
Products displayed on our website are subject to availability.
We make reasonable efforts to accurately display product photographs, colours, descriptions, specifications and features. However, colours and appearance may vary slightly depending on your device or screen.
Product packaging, minor design details or accessories may occasionally differ from images where suppliers update a product, provided this does not materially change the product purchased.
We reserve the right to discontinue products or limit quantities where reasonably necessary.
Nothing in this section limits your rights under Australian Consumer Law where a product is faulty, damaged, unsafe, incorrectly supplied or does not match its description.
SECTION 6 – ORDERS & PAYMENT
You agree to provide accurate and complete information when placing an order, including your name, email address, delivery address and payment information.
We reserve the right to cancel or review orders that appear fraudulent, contain incorrect information or cannot reasonably be fulfilled.
If we cancel an order after payment has been received, the applicable payment will be refunded.
Payment transactions may be processed by third-party payment providers. We do not directly store your complete credit or debit card details.
SECTION 7 – SHIPPING & DELIVERY
We currently deliver within Australia.
Please refer to our Shipping Policy for current processing and estimated delivery times.
Delivery estimates are provided in good faith but may occasionally be affected by circumstances outside our reasonable control, including courier delays, weather events, natural disasters, peak periods or other disruptions.
Customers are responsible for providing an accurate delivery address.
Nothing in this section limits any rights you may have under Australian Consumer Law.
SECTION 8 – RETURNS, REFUNDS & CONSUMER GUARANTEES
Our returns and refund procedures are explained in our Refund & Return Policy.
We offer a 14-Day Change-of-Mind Money-Back Guarantee, subject to the conditions stated in that policy.
This change-of-mind guarantee is provided in addition to your rights under Australian Consumer Law.
Under Australian Consumer Law, you may be entitled to a repair, replacement, refund or other remedy where goods fail to meet applicable consumer guarantees.
Our policies do not exclude or restrict rights that cannot legally be excluded.
SECTION 9 – THIRD-PARTY SERVICES & LINKS
Our website may use or link to third-party services, websites, payment providers or applications.
These third parties may have their own terms and privacy policies.
We are not responsible for third-party websites or services that are outside our control, except where liability cannot lawfully be excluded.
SECTION 10 – USER COMMENTS, REVIEWS & SUBMISSIONS
If you submit a review, comment, suggestion, photograph or other content to us, you confirm that you have the right to provide that material.
You must not submit unlawful, defamatory, abusive, misleading, obscene or malicious material, or content that infringes another person's intellectual property or privacy rights.
We may remove inappropriate content from our website where reasonably necessary.
SECTION 11 – PERSONAL INFORMATION
Our collection, use and handling of personal information is governed by our Privacy Policy.
Please review our Privacy Policy for information about how we collect, use, store and disclose personal information.
SECTION 12 – ERRORS & OMISSIONS
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping, availability or other information.
We reserve the right to correct these errors and update information where necessary.
Where an error materially affects an order that you have already placed, we will take reasonable steps to contact you.
SECTION 13 – PROHIBITED USES
You must not use our website:
For unlawful or fraudulent purposes;
To infringe intellectual property rights;
To harass, threaten, abuse or discriminate against another person;
To provide false or misleading information;
To transmit viruses or malicious software;
To collect another person's personal information unlawfully;
To spam, phish, scrape or otherwise misuse the website; or
To interfere with the security or operation of our website.
We may restrict access to our website where these conditions are breached.
SECTION 14 – DISCLAIMER & LIMITATION OF LIABILITY
We make reasonable efforts to keep our website available, secure and accurate, but we cannot guarantee that website access will always be uninterrupted or error-free.
To the maximum extent permitted by law, Yard & Home Direct will not be responsible for indirect or consequential loss arising from the use of our website or services where such liability can lawfully be excluded.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy provided by Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.
SECTION 15 – INTELLECTUAL PROPERTY
Unless otherwise stated, the branding, logos, graphics, written content and other original materials appearing on this website are owned by or licensed to Yard & Home Direct.
You may not reproduce or commercially use our protected content without permission, except where permitted by law.
SECTION 16 – SEVERABILITY
If any provision of these Terms & Conditions is found to be unlawful, invalid or unenforceable, that provision will be severed to the extent necessary.
The remaining provisions will continue to apply.
SECTION 17 – TERMINATION
We may suspend or terminate access to our website or services where a user materially breaches these Terms & Conditions or engages in unlawful or fraudulent activity.
Any rights or obligations that arose before termination will continue where applicable.
SECTION 18 – EMAIL & SMS MARKETING
If you subscribe to our marketing communications, you may receive promotional emails and, where applicable, SMS communications from Yard & Home Direct.
You can unsubscribe from marketing communications at any time using the unsubscribe option provided in the communication or by contacting us.
We do not sell your personal information to third parties for their own marketing purposes.
Further information is available in our Privacy Policy.
SECTION 19 – GOVERNING LAW
These Terms & Conditions are governed by the laws applicable in Australia and, where relevant, the laws of the Australian state or territory applicable to the transaction.
Nothing in these Terms affects rights available under Australian Consumer Law.
SECTION 20 – CHANGES TO THESE TERMS
We may update these Terms & Conditions from time to time to reflect changes to our business, website, services or legal requirements.
The current version will be published on this website.
Continued use of the website after an update constitutes acceptance of the updated terms to the extent permitted by law.
SECTION 21 – CONTACT US
If you have questions about these Terms & Conditions, an order or any of our policies, please contact Yard & Home Direct through the Contact Us page on our website.