Castlemaine Nursery & Yard

Application

1. Unless otherwise specified, these Terms & Conditions apply to the supply of Products (landscaping materials, quarry products, landscape building products, gardening products, lawn care, green life, garden care, outdoor living, pond pumps and irrigation, giftware and plants) by ASQ Garden & Landscape to You.

 

Orders and acceptance

1. By submitting your order, you acknowledge and agree to these Terms and Conditions.
2. ASQ Garden & Landscape reserves the right at any time to decline or cancel your order or to limit order quantities for any reason, including errors.
3. If we have taken payment from you for your order and we decline or cancel your order for any reason, or limit your order quantities for any reason, we will contact you to offer you a refund of your purchase.

 

Title to goods

1. The risk of loss or damage to the products will pass to you upon delivery (delivery being the time when the product has been tipped off or placed at the specified delivery address). If the products have been collected by You, delivery is deemed to occur upon collection from the ASQ Garden & Landscape site.  

 

Cancellation of order

1. ASQ Garden & Landscape does not accept cancellations or changes to order.  Customers must carefully check that the order is accurate before submission.
2. If for any reason we need to contact you regarding your delivery, we will use the contact details provided. If we make reasonable attempts to contact you but are unsuccessful, we will cancel your order and refund any money paid.  
3. You may cancel an order if ASQ Garden & Landscape is unable to deliver the products within a reasonable period from the estimated delivery date specified when placing your order.

Prices, promotions and product availability

1. Prices and promotions are subject to change without notice.
2. In the event that an error affects your order, or a product that you have ordered is no longer available, we will either contact you for instructions or cancel your order and refund any money you have paid for the relevant products.
3. ASQ Garden & Landscape uses reasonable measures to communicate accurate pricing and product information to its customers, however errors may occur. If a price is displayed incorrectly due to a genuine error, we are not obliged to sell the product at that price.
4. Products, prices and promotions offered on the ASQ Garden & Landscape website may not be the same as those offered in store. We are not required to match a price where the offer or price relates to an online only offer or where there is a price error.
5. ASQ Garden & Landscape may withdraw or suspend from sale any products displayed in store or on the website, either temporarily or permanently, at any time and without notice. ASQ Garden & Landscape will not be liable for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular product.
6. All pictures and images of products displayed in store, online or through alternative advertising are for illustrative purposes only and any accessories featured with the products are for illustrative purposes only and are sold separately.
7. We provide dimensions and measurements in the description of certain products. These dimensions may vary slightly in real life and it is your responsibility to ensure that the actual size of each product is suitable for your purpose prior to placing an order.
8. You may receive online offers and promotions whether distributed in store, with your order, or emailed to you or through alternative advertising. Some offers may include a promotion or coupon code for use when placing an order. It is your responsibility to ensure that the code is current, valid, and that you enter the code at the time of placing an order. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code. The code may be specific to only certain orders or products. Our codes are non-transferable and cannot be posted on a forum or website.

 

GST and delivery fees  

1. Unless stated otherwise, all prices advertised are GST inclusive but do not include any applicable fees (including delivery fees).

 

Delivery of products

1. ASQ Garden & Landscape will deliver the products once you have placed your order and payment has been cleared.
2. Any dates and times provided by ASQ Garden & Landscape for the delivery of products are estimates only and do not form part of a contract. The delivery date will be affected by factors such as clearance of payment, location and availability of products. Unless stated otherwise, ASQ Garden & Landscape will not be liable for any delay in delivery of the products.
3. In some instances, your order may be fulfilled from multiple locations at different times depending on stock availability. You will not be charged any more for delivery in this instance.
4. When placing an online order, customers can submit a preferred day and time for the delivery of products. ASQ Garden & Landscape is not required to adhere to this specified time. Please allow up to 2 business days from when you place your order for it to be confirmed and a delivery day and time to be allocated.
5. Due to fuel price volatility, delivery charges will not be fixed in relation to any quotation or supply agreement. Any information given about delivery charges is current at that time and may be subject to change during a supply period.
6. Delivery will be made by the most practicable route available. In the event of roads being closed and preventing delivery by the most practicable route, ASQ Garden & Landscape has the right to charge for any additional costs incurred.  
7. Delivery of products to a third party nominated by you is deemed to be delivery to you for the purposes of this agreement.
8. ASQ Garden & Landscape will not be responsible to you in any way for loss, damage or delay arising from strikes, lockouts, cessation of labour, fire, transport delays, shortened hours of labour, accidents of any kind, war or the like, acts of God, non-delivery of material or parts or any other cause or contingency whatsoever beyond our control. The failure of ASQ Garden & Landscape to deliver products to you at an agreed time or at all through exceptional circumstances entitles us at our sole discretion to either extend the time for delivery for such reasonable period as it thinks fit or to cancel and terminate the agreement insofar as it is incomplete without prejudice to our rights to recover all sums owing to it in respect of goods previously provided or services performed prior to the date of such termination.

 

Consent to communication

1. By providing us with a phone number (including mobile) and/or email address, you authorise ASQ Garden & Landscape to contact you via text message, phone call or email. This consent is for non-telemarketing phone calls communications only.

 

Use of products

1. ASQ Garden & Landscape products are designed for specific applications and purposes to work under certain conditions. These are set out on our website.
2. The customer must make their own inquires as to the suitability of products for the intended purpose. Using our products for applications other than in accordance with information provided by ASQ Garden & Landscape and/or its suppliers may damage the product or not be suitable for the intended application.
3. The customer agrees to only use the product in accordance with any provided manuals and specified operating conditions.

 

Defects

1. Customers are entitled to a replacement or refund for a major defect. Customers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality.

 

Returns

Change of Mind Returns
ASQ is not obliged to accept returns if you change your mind. However, we will offer an exchange or a refund at our discretion, if:

1. you have proof of purchase (receipt, credit statement or invoice)
2. the products are returned in their original packaging (if applicable) with all labels and instruction manuals and are unused and undamaged (if applicable)
3. the product you are returning is currently ranged by us
4. you bear all costs, such as shipping and insurance related to the return of the products to us (if applicable)

 

Restocking fees

Unless the product is defective or the return is a direct result of an ASQ Garden & Landscape error, ASQ Garden & Landscape may charge a restocking fee plus any applicable sales tax.

 

Other Returns

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

How To Return A Product

In order to process a return, please ensure you take the product to the store which you originally made the purchase.

 

This Returns Policy is in addition to our statutory rights. You must present proof of purchase to ASQ when returning a product. It is the customer’s responsibility to retain and produce proof of purchase. Refunds (if any) will be issued in the same form as the original purchase transactions (cash, credit card, EFT). ASQ reserve the right to:

• Assess the condition and age of returned goods prior to providing a remedy
• Refer the item to the manufacturer of the goods for assessment to determine if you are entitled to a reimbursement.

 

If you are a business or individual that bought the products under a written agreement with ASQ Garden & Landscape, the agreement may contain different terms for the return of products than specified by this policy.

 

Definitions

You or any derivative thereof shall mean the person(s), business or company(s) who purchase product(s) through ASQ Garden & Landscape

Products means the goods and/or services specified in the Order Confirmation and may include but are not limited to landscaping materials, quarry products, landscape building products, gardening products, lawn care, green life, garden care, outdoor living, pond pumps and irrigation, giftware and plants.

Order Confirmation means formal acknowledgement of Product ordered by You.

Price means the cost of the Products as determined by ASQ Garden & Landscape.  

GST has the meaning given to it in A New Tax System (Good and Services Tax) Act 1999 (Cth)

 

Who does it apply to?

This policy applies to all customers, across the ASQ Group.

Scope

This policy outlines ASQ’s ongoing obligations in respect of how we manage your personal information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au

Commitment

ASQ is committed to providing quality services to you. All ASQ workers respect and are committed to protecting the privacy of all parties.

ASQ will never sell, rent, lease or give away your personal information (including your name, address, email address, phone number etc) to any third party.

What is personal information and why do we collect it?

Personal information is information that identifies an individual. Examples of the personal information we may collect include names, addresses, email addresses, phone numbers, birth dates and banking information.

This information is obtained in many ways including via telephone, email, facsimile, correspondence, VIP signups, credit application forms, our website (www.asq.net.au), meetings, interviews, your website, media and publications, other publicly available sources and from third parties.

We collect your personal information for the primary purpose of providing our services and information to you, as well as marketing. We may also use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. For example, we may collect your email address when you become a trade account customer so we can send you invoices and statements, however we may then use the address provided to inform you of updates to our Privacy Policy.

If you apply for a job or express your interest in working for ASQ, your personal information will be collected from employment applications. This information will only be used for the purpose of hiring new employees. The information will be stored by us for the duration that we deem relevant to hiring new employees. This information will not be disclosed to third parties.

You may request removal of your information from our system or unsubscribe from our mailing/marketing lists at any time by contacting us.

When we collect personal information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

Third parties

Where reasonable and practicable to do so, we will collect your personal information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of personal information

Your personal information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

Security of personal information

Your personal information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. Access to your personal information is restricted to ASQ workers who need it to provide benefits or services to you. We train our workers about the importance of confidentiality and maintaining the privacy and security of your information.

When your personal information is no longer required for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. However, most of the personal information is or will be stored in client files which will be kept by us for a minimum of seven years.

ASQ uses ‘Stripe’ for our online payment system which is certified to PCI Service Provider Level 1. ASQ does not store customer credit card details. Stripe encrypts data with AES-256 and decryption keys are stored on separate machines. None of Stripe’s internal servers and daemons are able to obtain plaintext card numbers. For more information about Stripe security please visit www.stirpe.com/docs/security/stripe.

Access to your personal information

You may access your personal information and request to update/correct any details, subject to certain exceptions. We will take reasonable steps to make sure that your personal information is accurate, complete and up-to-date.

If you find that the information we have is not up to date or is inaccurate, please advise us as soon as possible so we can update our records and ensure we can continue to provide quality services to you. ASQ will not charge any fee for your access request.

To protect your privacy and the privacy of others, we will need evidence of your identity before we can grant you access to information about you or update any details.

Website

Our website contains links to other websites such as suppliers. ASQ is not responsible for the privacy practices of these websites. We advise that you read their privacy policies before giving out your personal information.

We monitor our website using Google Analytics, a service which collects website traffic data to help us understand what our website visitors are viewing. Google Analytics does not associate your IP address with any other data and does not identify individual users. For more information please read Google's Privacy Policy.

ASQ also uses social media platforms including Facebook and Instagram. If you choose to ‘like’ or ‘share’ information from our website to these platforms you should first review their independent privacy policies.

Cookies

Cookies are small files placed in your web browser which collect information about your web browsing behaviour. ASQ uses cookies on its website which allows us to tailor its configuration to your needs and preferences. Although cookies do not access information stored on your computer or any personal information such as your name, phone number or address, they do allow the collection of identifiable information.

Policy updates

This policy may change from time to time and is available on our website.

Policy complaints and enquiries

If you have any queries or complaints regarding our Privacy Policy, please contact us directly using the information below. Complaints may then be taken to a recognised external dispute resolution scheme and/or the Office of the Australian Information Commissioner.

Contact us

If there are any questions, comments or you would like more information regarding our Privacy Policy please contact us:
ASQ Head Office
03 5446 1677 | [email protected]
PO Box 358, Eaglehawk, VIC 3556