Terms & Conditions

TERMS OF USE

About this website:

  • The Brookfield Gardens website is operated by BGC Pty Ltd as trustee for the SR Family Trust, trading as Brookfield Gardens (ABN: 21 245 610 382). Throughout the site, the terms "we", "us" and "our" refer to Brookfield Gardens. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (‘Terms and Conditions’).
  • Your use of the website constitutes your agreement to the Terms and Conditions.
  • Brookfield Gardens reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended.

Website content & information:

  • Photographs are for illustrative purposes only and may vary from goods depicted or described.
  • Brookfield Gardens may, at any time, add or remove content from this website without notice.
  • Any articles, information or content published on this website must be read subject to these Terms of Use.
  • Although Brookfield Gardens uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Brookfield Gardens cannot be held responsible for inaccuracies or errors caused by incorrect information supplied by suppliers changing product specifications without notice to Brookfield Gardens. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
  • The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

Copyright:

  • This site and its contents are subject to copyright owned by The SR Family Trust and are protected by international copyright laws. All rights are reserved.
  • All logos and trademarks on this site are the property of their respective owners and any use, or misuse, unless expressly authorised, is strictly prohibited.
  • All products are subject to the copyright of their respective owners.

Your use of this website:

  • You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
  • You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  • As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.

Privacy Policy

Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988.

Terms & Conditions of Sale User Agreement:

  • By accessing and/or using the Brookfield Gardens website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
  • We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the website will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place from the effective date of the change. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Orders: 

  • Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order.
  • The SR Family Trust reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with The SR Family Trust only comes into existence when we forward confirmation of receipt of your order and payment.

Goods currently not in Stock:

 If an item is listed as out of stock on our website it will be unable to be purchased online.

  • Brookfield Gardens attempts to correctly indicate current stock levels online, however in some instances products listed as in stock may be found to be out of stock.
  • If an item is purchased online and found to be out of stock you will be contacted within 24 hours and offered a full refund, exchange or notified of when item will be available.

Prices:

 All prices listed on this website are in Australian dollars ($AUD) and include a 10% Goods and Services Tax (GST).

  • Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
  • All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.
  • Changes to pricing:
  • Brookfield Gardens makes every attempt to ensure our pricing is correct and up to date however our suppliers will sometimes change our pricing and this may impact on the price of your item.
  • In the event that we need to increase the cost of your item we will contact you immediately to notify you of the new price and ask for your permission to go ahead and process the order. Should you not wish to proceed you will be offered a full refund

Payments:

Brookfield Gardens offers our customers a number of payment options:

  • Online payment by Credit card: Visa, Mastercard, American Express only
  • Payment over the phone: You can make payments via credit card over the phone to one of our team members. We accept Visa, Mastercard and American Express. Phone payment is only available for large and bulky items requiring personalised delivery. Once delivery quote is approved, an invoice will be issued with phone credit card payment information.
  • Direct Bank deposit (EFT): EFT payment is only available for large and bulky items requiring personalised delivery. Once delivery quote is approved, an invoice will be issued with EFT payment details.

Payment Security:

  • At Brookfield Gardens your privacy and the security of your information is extremely important to us. All our online payments are processed using XXX payment gateway online payment solutions.
  • When making payments via credit card over the phone your details will be taken by one of our staff members. Once your payment is complete, your credit card information is destroyed.

Supply & Delivery:

General

  • Subject to you complying with these Terms and acceptance of your Order by Brookfield Gardens, we will sell and supply the products to you as shown on your Order confirmation.
  • The delivery times listed on this website are indicative only and Brookfield Gardens will not be liable for any failure to observe these delivery times
  • Some products may not be available for immediate delivery.

Delivery Options

When you complete your Order you will be prompted to select whether you wish to collect your Order from the Brookfield Gardens store or to have the Order delivered to an address specified by you. Brookfield Gardens uses two methods for product delivery. They are:

      1. Australia Post freight calculator

  •  This uses your postcode to calculate the freight amount for your selected items.
  • The cost will then be added to your total invoice and is based on you providing the right postcode at checkout.
  • We do not hold any responsibility in relation to you entering the wrong postcode.

 

  1. Personalised freight quote 
  • This is for larger items which exceed the maximum length (105cm), girth (140cm) and weight (20kg) accepted by the Australia Post calculator
  • These items will automatically be excluded from the Australia Post calculator
  • If you wish to purchase large or bulky item and have it delivered to your address you will not be required to pay immediately. When you click ‘quote me for shipping’ on the Brookfield Gardens website checkout page one of the Brookfield Gardens retail staff will contact you within 24 hours to discuss your options and gain information required to provide you with a delivery quote. We will then get back to you as soon as we have been able to determine the best possible freight price to the specified address. This may take up to 5 working days.

 

Orders for collection at the Brookfield Gardens store

  • The terms of this clause apply where you select the ‘In Store Pickup’ tick box on the Checkout Page of the Brookfield Gardens retail store.
  • Orders for collection at the Brookfield Gardens retail store must be collected within 14 days of the order being made on the Brookfield Gardens online store. If your Order is not collected within this time, Brookfield Gardens has the right to allocate those goods to another customer and offer a partial refund after applying a 20% administration charge.

Order Enquiries:

If you have any query about the progress of your Order please contact the Brookfield Gardens retail store on (07) 3878 7739. Please have your Order number handy as shown on the email confirmation.

Risk and Title:

Brookfield Gardens will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.

Limitation of Liability:

  • The SR Family Trust will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website, or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The SR Family Trust has been advised of the possibility of such damages.
  • Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of The SR Family Trust for any breach of such term, condition or warranty shall be limited, at the option and discretion of The SR Family Trust, to any one or more of the following:
  • If the breach relates to goods,
    • (a) The replacement of the goods or supply of equivalent goods
    • (b) The repair of such goods
    • (c) The payment of the cost of replacing the goods or of acquiring equivalent goods
    • (d) The payment of the cost of having the goods repaired; and
  • If the breach relates to services
    • (a) The supplying of services again; or
    • (b) The payment of the cost of having the services supplied again.

Refunds & Exchanges:

The SR Family Trust will only provide a refund under the following circumstances: 

  • Your goods are damaged in transit. Please take the time to check your items upon their arrival if they are damaged please take digital photos of the item and the damage and contact the Brookfield Gardens retail store within 24 hours of the goods arriving.
  • Your goods are faulty; where it is proven that the fault is with the product. If you detect a manufacturers fault with your item you must notify us within 7 days. You will be offered a replacement item if available. If a replacement item is not available you will be offered a similar product at a similar price point or a refund
  • The wrong item has been shipped to you. In the event that the wrong item is shipped to you must contact Brookfield Gardens within 24 hours of receiving the item to enable us to arrange a replacement item to be shipped to you. You will not incur any additional costs in this circumstance. Your replacement item will be shipped to you as quickly as possible within the normal delivery time frame for that item.

 

Brookfield Gardens will not accept returns under the following circumstances:

  • Damage to the product/s by you accidental or otherwise
  • Natural wear and tear caused after delivery
  • Refunds are not available on perishable goods

 

All refunds will be provided to you by EFT or in any other way decided at the discretion of Brookfield Gardens and will be made within 5 working days.

 Please choose carefully as Brookfield Gardens will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

 Cancellation of Order:

 You are permitted to cancel an order within 24 hours and only if the order has not already been shipped. All cancellations at retail store managers discretion.

 

Product Variability:

  • We take care to ensure we provide you with accurate colour and size descriptions and images however occasionally this is not possible.
  • Colours of products displayed on your computer monitor may vary from the actual colour of the item you are purchasing. This can be due to the high variance in colours from one computer monitor to another.
  • Many of our products are antique and/or handmade and there may be variance in colour or pattern and dimensions for this reason.
  • We cannot offer refunds based on colours or shapes of products not being what you wanted so please choose carefully.

Privacy Policy:

 The privacy of your personal information is important to The SR Family Trust trading as Brookfield Gardens. The SR Family Trust (ABN: 21 245 610 382) is covered by the National Privacy Principles as set out in the Privacy Act 1988 and amended by the Privacy Amendment (Private Sector) Act 2000).

To comply with our obligations we have adopted a Privacy Policy which sets out how we manage privacy in our organisation. The privacy policy deals with your additional right to privacy and is independent of our contractual and ethical obligations. View privacy policy

Disclaimer:

 These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.

Brookfield Gardens Online Terms and Conditions of Sale Version 1.0 December 2018