PRIVACY STATEMENT
Your privacy is important to Shepherd's Landscape Supplies (NSW) Pty Ltd. This privacy statement provides information about the personal information that Shepherd's Landscape Supplies (NSW) Pty Ltd collects, and the ways in which Shepherd's Landscape Supplies (NSW) Pty Ltd uses that personal information.
Personal information collection
Shepherd's Landscape Supplies (NSW) Pty Ltd may collect and use the following kinds of personal information:
l [information about your use of this website (including search engine);]
l [information about transactions carried out over this website (including quantity purchased)
l [any other information that you send to Shepherd's Landscape Supplies (NSW) Pty Ltd.]
Using personal information
Shepherd's Landscape Supplies (NSW) Pty Ltd may use your personal information to:
l [administer this website;]
l [personalize the website for you;]
l [enable your access to and use of the website services;]
l [publish information about you on the website;]
l [send to you products that you purchase;]
l [supply to you services that you purchase;]
l [send you statements and invoices;]
l [collect payments from you; and]
l [send you marketing communications.]
Where Shepherd's Landscape Supplies (NSW) Pty Ltd discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Shepherd's Landscape Supplies (NSW) Pty Ltd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
Shepherd's Landscape Supplies (NSW) Pty Ltd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Shepherd's Landscape Supplies (NSW) Pty Ltd will store all the personal information you provide on its secure servers.
[Information relating to electronic transactions entered into via this website will be protected by encryption technology.]
Cross-border data transfers
Information that Shepherd's Landscape Supplies (NSW) Pty Ltd collects may be stored and processed in and transferred between any of the countries in which Shepherd's Landscape Supplies (NSW) Pty Ltd operates to enable the use of the information in accordance with this privacy policy.
[In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.]
You agree to such cross-border transfers of personal information.
Updating this statement
Shepherd's Landscape Supplies (NSW) Pty Ltd may update this privacy policy by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
Other websites
This website contains links to other websites.
Shepherd's Landscape Supplies (NSW) Pty Ltd is not responsible for the privacy policies or practices of any third party.
Contact Shepherd's Landscape Supplies (NSW) Pty Ltd
If you have any questions about this privacy policy or treatment of your personal information, please write to:
l by email to shepherdsls@bigpond.com]; or
l by post to Po Box 495, Casula Mall NSW 2170..
GENERAL TERMS AND CONDITIONS.
1. CONTRACT:
These general terms and conditions of sales form the contract between the Customer and Shepherd's Landscape Supplies (NSW) Pty Ltd (hereinafter referred to as 'Shepherds") and the contract does not include any terms or conditions varying or in addition to these general terms and conditions of sale unless such terms and conditions have been expressly agreed in writing by Shepherds. No prior correspondence discussion or other terms and conditions form part of this contract unless stated in this contract.
2. CANCELLATION:
The Customer may only cancel an order with consent of Shepherds and only then on the basis that the customer meets all loss, damages, costs or expenses including loss of profits, incurred by Shepherds as a result of the cancellation. Shepherds may suspend delivery or cancel the order, if the Customer at any time:
1. Breaches any terms of the contract or any other contract with Shepherds or
2. Commits an act of bankruptcy, resolves to or goes into liquidation, has a receiver or manager appointed, enters into voluntary administration or enters into a scheme of arrangement or other composition with its creditors or otherwise becomes insolvent and unable to pay its debts; or
3. Refuses or neglects to take delivery of the products described in the contact.
3. PAYMENT:
Time of payment for the amount due to Shepherds shall be of the essence in this contract and the amount due shall include the price, any variations to the price and any additional charges that Shepherds is entitled to make. Subject to sub-clauses (3) and (4) the Customer shall pay the amount due in accordance with the credit arrangements as agreed by Shepherds.
Where no credit arrangements have been previously agreed in writing by Shepherds, but credit has been agreed by Shepherds as condition of this particular contract, the Customer shall pay the amount due within the month following the month of invoice.
Where no credit arrangements have been agreed in writing by Shepherds, the Customer shall pay the amount due before the first delivery of the products. The Customer shall pay a service charge and interest at the rate of 12% per annum calculated monthly on any amount not paid by the due date. Where price is stated on a volumetric basis, payment will be based on measurement of the volume of product as loaded by Shepherds for delivery.
4. DELIVERY:
Subject to sub-clause (2) delivery shall be on reasonable notice from the customer to Shepherds and the customer shall not be relieved from any obligation to accept or pay for products by reason of any delay in delivery. Where this contract includes a Delivery Schedule delivery shall be in accordance with the dates and other information contained in such Schedule. Shepherds shall not be liable for, delay in delivery arising from any cause whatsoever. Where the Customer refuses or denies delivery, the Customer's obligation to pay for products, as set out in clause 6, remain unchanged. The Customer shall also pay any additional storage, freight, holding or handling charges incurred by Shepherds. Shepherds reserves the right to deliver by installments and failure to deliver any installment shall not entitle the Customer to terminate the contract. Deliveries are subject to suitable access, firm standing, storage, unloading and maneuvering space, as determined by Shepherds shall not be liable for, and the Customer shall indemnify Shepherds against any claims for damage caused to access ways, storage areas, plant, equipment or works during delivery. Additional costs incurred by Shepherds in delivering or unloading the products:
1. Outside the hours of 7:00am to 4:00pm weekdays (excluding public holidays) or
2. Due to delays at the site or an unsuitable site; or
Where less than full truckloads are required shall be at the Customer's expense. The Customer warrants that its receival facilities and equipment are suitable for deliveries and meet all relevant standards, laws and regulations. The Customer hereby indemnifies Shepherds against any breach of such standards, laws or regulations during delivery, and against any damage or loss caused by leakage, spillage, breakage or contamination during or caused by delivery.
5. TITLE:
Title in the products shall not pass to the Customer until payment in full for the products together with any interest due has been received by Shepherds. If payment is overdue in whole or in part, Shepherds may (without prejudice to any of its other rights) recover or recall the products and may enter upon any premises where they are stored or where they are reasonably thought to be stored. The Customer's right to possession of the products shall cease if Shepherds at its discretion recalls or recovers the products or if the customer, not being a Company, commits an act of bankruptcy or if it being a Company:
1. Does anything which would entitle a receiver to take possession of any assets, or
2. Does anything which would entitle any person to present a petition for winding up, or
3. Enters into voluntary administration.
6. RISK:
Risk in the products shall pass to the Customer upon delivery and, in the event of a site being unattended, the delivery docket/manifest signed by the cartage contractor shall be prima facie evidence of delivery of the products.
7. DEFECTS:
The Customer shall ensure it has an authorized representative at the delivery site who shall check prior to unloading that the information shown on the delivery docket corresponds with the Customer's order. Unless otherwise noted on the delivery docket, the signature of the Customer's representative on the delivery docket shall represent acknowledgement by the Customer that the products comply with its order and have been supplied in accordance with this contact.
1. 1. Notice of any defects shall be given to Shepherds in writing on the delivery docket/receipt/manifest signed by the Customer and immediately returned with the cartage contractor or
2. 2. Where the point of delivery or collection is unattended, the customer shall given notice in writing to Shepherds, within 24 hours from the time of delivery or collection and prior to use of any defects in the products. Shepherds shall not be liable for, if notice in accordance with clauses 6(1) or 6(2) is not given,
1. the products shall be deemed to be in good order and condition and in accordance with the contract and the Customer shall accept the products accordingly.
2. Shepherds shall have the right to inspect on site any products notified by the Customer as being defective and until such inspection is complete the product shall not be used.
8. LIMITATION OF LIABILITY:
If a product is defective and the Customer advises Shepherds of that defect in accordance with 6(1) or 6(2) Shepherds shall re-supply the products, but Shepherds shall not be liable for the removal of any defective products or for any consequential losses or loss of profits. Shepherds shall not be liable for any defect, loss, damage or injury howsoever arising by reason of a failure to use the products in a manner other than what is normally expected to be done with or in relation to the products or
1. any delay in delivery or
2. a failure to comply with any instructions or warning's with respect to doing anything with or in relation to the products.
3. any design or description of use, capacity, durability, colour, manner of installation, detail contained in drawings, data sheets, technical brochures or their documents provided by Shepherds are given as a general guide only and the Customer hereby acknowledges that it has satisfied itself as to the suitability of the products for the Customer's particular purpose, use or application and Shepherds shall not be liable in these respects.
Other than expressly provided in this contract Shepherds provides no other warranty to the Customer in relation to the products and this contract comprises the whole agreement between parties. Section 68A of the Trade Practices Act 1974 ('the Act") enables Shepherds to limit its liability for breach of certain conditions and warranties implied by the Act. To the fullest extent permitted by that section and other similar legislation the liability of Shepherds for a breach of a condition or warranty (other than a condition or warranty implied by Section 69 of the Act) is limited to one of the following (selected at the option of Shepherds):
1. the replacement of the products; or
2. the repair of the products, unless the customer is able to establish the matters set forth in sub-section 68A(2) of the Act.
9. AMENDMENTS:
Shepherds shall not be taken to have agreed to any amendment or waiver of any provision of these terms and conditions or of the contract unless the amendment or waiver shall be in writing signed by Shepherds. No terms and conditions referred by the Customer after the date of this contract shall form part of this contract unless expressly agreed in writing by Shepherds.
10.GOVERNING LAW:
The contract is governed by the law for the time being of the State from which the products are to be supplied.
11. FORCE MAJEURE:
Shepherds shall not be liable for any delay, loss, damage or injury arising by reason of any event beyond its control and without limiting the generality of the foregoing such events include industrial disputes the unavailability of equipment or materials, fire, flood, machinery breakdown, civil disturbance, acts of God or government action.
12. SUBJECT TO STATUTE:
The contract is subject to the provisions of any statute applicable to it and which may not be varied by the terms of the contract. If any provision of the contract is void or unforceable that provision shall be severed and the remaining provisions shall continue with full force and effect.
13. NOTICES:
All notices given under or in connection with this contract shall be in writing and given or delivered to the recipient at its address specified in this contract or at its registered office or principal place of business.
14. SAMPLES AND BLENDING:
Any sample product or sample colour is provided to indicate only the general nature of the product. Shepherds provides no warranty or guarantee that the products supplied shall correspond in colour, texture or blend with any sample or any previous or future product supplied. Shepherds shall not be liable for any failure of the customer or others to blend the products
Shipping Policy Sample
How do I calculate the shipping cost on an order?
To find out the total cost of your order, simply add the product(s) you would like to purchase to your Shopping Cart. You can then view your Shopping Cart to get the total cost of your order, including the cost of the shipping.
How much do you charge for shipping?
We charge a flat rate for shipping based on the weight of the item(s) being shipped. Our shipping prices are VERY reasonable! Shipping costs are calculated on the Shopping Cart page.
Where am I able to ship my order to?
Shepherd's Landscape Supplies (NSW) Pty Ltd currently markets to Sydney.
Where will my order ship from?
We are located in Prestons, NSW, the products we carry may be shipped directly from a warehouse elsewhere in NSW.
Who do you use to ship?
We utilize our own vehicles for most deliveries, and will on occasion utilize Couriers, depending on the circumstances. Sorry, the choice of shipping carrier used for any particular order is made from the warehouse the order ships from, and cannot be chosen in advance.
Can I ship C.O.D. or to a P.O. Box?
We do not ship COD and cannot mail to P.O. Boxes. A physical street address will be required for delivery.
How long does it take for you to ship my order?
Although every effort is made to process and ship your order within three business days, shipping time is dependent on stock availability. If an out-of-stock or back-order situation arises, we advise the customer as soon as possible and refund the transaction.
