Terms of service

Koi Gardens Online Content Terms and Conditions

By using or accessing the Online Content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Content.

1. Governing law
Koi Gardens controls and operates this site from its offices within Australia. These Terms of Use are governed by the laws of the State of NSW. You and Koi Gardens agree to submit to the non- exclusive jurisdiction of the courts of NSW. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
2. Revisions to Terms of Use
Koi Gardens may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
3. Site contents, ownership, and use restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Koi Gardens and its related companies, affiliates, licensors and licensees.
4. Information from and Advertising and Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Koi Gardens and Koi Gardens is not responsible for the contents of any such information or website. Koi Gardens provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Koi Gardens. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
5. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

placing an order with Koi Gardens Business; or
using this site as a shopping resource, provided that you do not modify the site and that Koi Gardens retain all copyright and other proprietary notices contained in the Contents. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

6. Prohibited conduct

You are not authorised, without the prior written permission of Koi Gardens and any other owner of rights in the Online Content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Online Content.
You must not use any robot, spider, scraping device, deep link or any other automatic tool or algorithm or any manual process that performs the same function.
No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Koi Gardens may be used without our prior, specific, written permission or that of the trademark owner.
You must not upload, post, transmit or otherwise make available through this site any material which:

violates or infringes the rights of others (including their privacy and intellectual property rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Koi Gardens to take remedial action under any applicable industry code.

7. We can use your feedback
You grant Koi Gardens an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Koi Gardens from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
8. Indemnity
You agree to indemnify and will keep Koi Gardens indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Koi Gardens in connection with your use of the Online Content, your breach of these Terms of Use or your breach of any rights of third parties.
Buying products through our Online content
Products may vary between Koi Gardens retail stores and those found on the Online Content.
9. Ordering goods
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Subject to your compliance with any product specific limitations shown on this website. Koi Gardens may change the prices published on the Online Content at any time. Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Koi Gardens is not responsible for any error and 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, image or the product description posted on this Online Content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
10. About our prices
Product availability may vary between Koi Gardens retail stores and Koi Gardens online due to different customer offers. All prices are inclusive of GST. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
11. Delivery
See our Delivery Policy
12. Returns policy
See our Return Policy
13.Title and risk
Title to the goods purchased from Koi Gardens online does not pass from Koi Gardens to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
14. Disclaimer of liability
To the extent permitted by law, Koi Gardens will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by Koi Gardens under these Terms of Use; or (3) a failure or omission on the part of Koi Gardens to comply with its obligations under these Terms of Use.
15. Limitation of liability
Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:
(1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;
(2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or
(3) the amount paid by you (if any).
16. Disclaimer of warranty
Koi Gardens is providing the Online Content on an 'as is' basis and use of it is at your own risk. Koi Gardens and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on Koi Gardens Online (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Koi Gardens expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.
17. Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Australian Consumer Law.
18. Termination
Your ability to purchase goods from Koi Gardens Online may be terminated by Koi Gardens at any time without notice. All restrictions, licences granted by you and limitations of Koi Gardens' liability will survive termination.

Online Shopping Terms & Conditions

These terms apply to the ordering, purchase and delivery of Goods from the Website, In-Store and through our customer service, and form a contract between you and Koi Gardens of 1/1-7 Cavasinni Place , Wetherill Park NSW 2164 Australia (Terms). You agree that these Terms (as amended from time to time) will apply to all of your Orders. These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability. If you have any questions, please contact our customer service via email admin@koigardens.com.au or via the contact form and we will be happy to assist you.

1. Compliance with Terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Koi Gardens for the supply of Goods.
2. Ordering goods
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Subject to your compliance with any product specific limitations shown on this website. Koi Gardens may change the prices published on the Online Content at any time. Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Koi Gardens is not responsible for any error and 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, image or the product description posted on this Online Content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use. Order Cancellation
All orders are electronically processed and forwarded to the warehouse immediately upon confirmation of the order. Therefore, there is a very short time for order cancellations. If you wish to cancel your order, you must do so BEFORE you receive the "Invoice" e-mail. No orders can be cancelled after Invoice has been confirmed and issued, as the order has been processed for shipment. Normal return and restocking fees will be applied.
3. About our prices
Product availability may vary between Koi Gardens retail stores and Koi Gardens online due to different customer offers. All prices are inclusive of GST. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
4. Shipping & Delivery
See Shipping & Delivery Policy
5. Privacy & Security
See Privacy Policy.
6. Returns, Refund & Replacement
See Returns, Refund & Replacement Policy
7. Risk & Liability
Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the delivery agent or when you or your appointed agent collected in store. 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Koi Gardens may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase. Koi Gardens excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to Koi Gardens that Koi Gardens will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Termination
We may, at our discretion, terminate the agreement for the supply of Goods to you:

for convenience, at any time, on giving notice to you; or
immediately if Koi Gardens reasonably believes that you have breached these Terms

and:

that the breach is not capable of remedy; or

if you have been provided with notice of the breach, and you have failed to remedy
that breach within 14 days (where the breach is able to be remedied).