User Agreement

By using the Tonggarden.com.au website (and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and Smart Cookie Pty Ltd T/A Tong Garden (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

Access and use of the Website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
interfere (or attempt to interfere) with security-related or other features of our site; or
use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Registration and User Requirements

You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, a valid email address and/or a mobile/phone number. You must ensure this information is accurate and current.
By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address or mobile/phone number you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.

Disclaimer and Liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the Website or our social media pages;
you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
personal injury or property damage of any nature resulting from your access to or use of the Website
any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from the Website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
the quality of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of goods and services.
Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Information on this Website

Information about goods on the Website is based on material provided by product suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

Placing Orders

You are responsible for any discrepancies or errors in your order caused by you.
The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Goods sold by Tonggarden.com.au are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you cannot return your goods.
In the event that we cancel or are unable to fulfil your complete order, we will send the available items and charge them as mentioned at the time of order and issue a refund of the remaining payment received for the items we cannot provide.
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

Guest Checkout

You can make purchases on our Website without creating an account by using our Guest Checkout.
When you use Guest Checkout, we will collect any personal information you provide, including your name, email, phone/mobile number and delivery address, in accordance with our Privacy Policy.

Price, Payment and Use of Discount/Coupon Codes

The prices of goods, delivery and other charges shown are in Australian dollars.
All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.

Store Credits

If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
To the extent permitted by law, Tonggarden.com.au reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the Tonggarden.com.au Website.
Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
Store credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, store credits do not count towards the minimum spend totals.

Shipping and Delivery

Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post).
Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
For goods sold by us, some orders may not require signature and will be left in a safe place at your delivery address in accordance with Australia Post’s standard practices.
You are responsible for ensuring you are able to accept delivery
- for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
- for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
- for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.
We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

Packaging and Labelling

We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.

Change of Mind Returns

We do not allow a return of any products and services once sold or paid for by the customer where you have changed your mind or incorrectly ordered.
Remedies for defective goods are still available but not for products where the GST has been claimed under the Tourist Refund Scheme, unless proof of repayment of the GST upon return to Australia is provided.

Problems with your goods – contacting us

If you have a problem with your goods, please contact us via the Contact Form on Contact Us page. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
Once an item is returned, we will either inspect your goods and investigate any claimed defect / issues or in some cases, send the goods to third parties for assessment. Where applicable we provide a remedy in relation to your goods.
If we do not believe a remedy is applicable for any reason upon inspecting your goods (for example, where we believe the goods have been misused or stored incorrectly or used or consumed in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and not return your goods to you. You must cover the cost of packaging and shipping in order to send the claimed problem goods to us for inspection, and we will provide you with instructions on how to make this payment.
Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.
We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
In the case of goods and/or services redeemable through a third-party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.

Social Media and Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, Instagram page, Contact Form, Pinterest Page or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website and other social media pages at your own risk and to the extent permissible at law we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
- you do not have the right to post
- is defamatory or in contempt of any legal or other proceedings
- is misleading or deceptive
- is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other intellectual property right of another person or organisation;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Intellectual Property

All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Tonggarden.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not:
- modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our Website AND developing your ideas AND suggestions FOR improved goods OR services we provide.

Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
We shall be entitled to assign the benefit of any agreements we have with you to the third party.

General

We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.