Terms of service

Terms of Service

Overview

This website is operated by Occa Garden. Throughout the site, the terms “we”, “us” and “our” refer to Occa Garden.

Occa Garden offers this website, including all information, tools, products and services available from this site, to you, the customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you agree to be bound by the following Terms of Service, including any additional terms, conditions and policies referenced here or available by hyperlink.

These Terms of Service apply to all users of the site, including browsers, customers, merchants and contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms.

Business Details

Occa Garden
1/147 Pacific Parade
Dee Why, NSW 2099
Australia

Email: admin@occagarden.com.au

Online Store Terms

By using this website, you confirm that you are at least the age of majority in your state, territory or country of residence, or that you have given us your consent to allow any of your minor dependants to use this site.

You must not use our products for any illegal or unauthorised purpose.

Our products include professional garden tools such as secateurs, pruning saws, loppers, hedge shears and other sharp tools. These products must be used safely, responsibly and only for their intended gardening or landscaping purpose.

You must not misuse, modify or use our tools in a way that may cause injury, damage or unlawful activity.

Product Information

We aim to provide accurate product descriptions, images, specifications and pricing.

Occa Garden sells premium garden tools, including ARS Japanese gardening tools, selected for their quality, durability and performance.

While we make every effort to display product colours, sizes and finishes accurately, we cannot guarantee that your device screen will display colours or details exactly as they appear in real life.

Product availability may change without notice.

We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction, subject to applicable law.

Product Use and Safety

Many of our products are sharp professional-grade garden tools.

By purchasing from Occa Garden, you agree to use all tools safely and responsibly.

Customers are responsible for:

Reading any product instructions or safety information
Using tools only for their intended purpose
Keeping sharp tools away from children
Wearing suitable protective equipment where appropriate
Maintaining tools properly
Storing tools safely after use

Occa Garden is not responsible for injury, damage or loss caused by misuse, unsafe handling, poor maintenance, unauthorised modification or use outside the product’s intended purpose.

Prices and Payment

All prices are listed in Australian dollars AUD, unless stated otherwise.

Prices for our products are subject to change without notice.

We reserve the right to correct pricing errors, product information errors or availability errors at any time.

We may refuse or cancel an order if there is an error in pricing, product availability or order information.

Payment must be completed at checkout before your order is processed.

Orders

When you place an order through our website, you agree to provide current, complete and accurate purchase and account information.

We reserve the right to refuse or cancel any order where we believe the order is fraudulent, incorrect, unauthorised, suspicious or in breach of these Terms of Service.

If we cancel an order after payment has been received, we will refund the amount paid using the original payment method, unless otherwise required by law.

Shipping and Delivery

Shipping times shown on our website are estimates only.

We will do our best to process and dispatch orders promptly, but delivery times may vary depending on Australia Post, courier services, weather, public holidays, stock availability or other circumstances outside our control.

Risk in the products passes to you once the products are delivered to the address you provided.

Please ensure your delivery address is correct at checkout. Occa Garden is not responsible for delays or failed deliveries caused by incorrect or incomplete delivery information supplied by the customer.

Returns and Refunds

Our Return and Refund Policy forms part of these Terms of Service.

We offer a 30-day return policy for eligible change-of-mind returns, provided the item is unused, in original condition, in its original packaging and accompanied by proof of purchase.

For full details, please refer to our Return and Refund Policy.

Nothing in our Return and Refund Policy or these Terms of Service limits your rights under the Australian Consumer Law. Products sold in Australia come with automatic consumer guarantees, including that goods must be of acceptable quality, match their description and be fit for purpose.

If a product is faulty, unsafe, not as described or does not meet consumer guarantees, you may be entitled to a repair, replacement or refund under Australian Consumer Law. Businesses cannot rely on store policies or terms and conditions to deny these legal rights.

Australian Consumer Law

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 compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms of Service excludes, restricts or modifies any consumer rights, guarantees or remedies available to you under the Australian Consumer Law.

Warranties

Some products may include a manufacturer’s warranty. Any manufacturer’s warranty is in addition to your rights under Australian Consumer Law.

Warranty coverage may not apply where damage is caused by:

Normal wear and tear
Misuse or neglect
Poor maintenance
Rust or corrosion caused by improper storage
Using the tool for the wrong purpose
Accidental damage
Unauthorised repairs or modifications
Commercial misuse outside the tool’s intended capacity

If you believe your item has a manufacturing fault, please contact us at:

admin@occagarden.com.au

Please include your order number, description of the issue and clear photos.

Accuracy of Information

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information unless required by law.

Website Use

You agree not to use our website or products:

For any unlawful purpose
To solicit others to perform unlawful acts
To violate any laws or regulations
To infringe upon our intellectual property rights or the rights of others
To upload viruses, malware or harmful code
To collect or track personal information of others
To interfere with the security features of the website
To submit false or misleading information

We reserve the right to terminate your use of the website for violating any prohibited uses.

Intellectual Property

All content on this website, including text, images, branding, graphics, logos, product descriptions, design elements and website layout, is the property of Occa Garden or used with permission.

You must not copy, reproduce, distribute, modify, sell or exploit any part of our website or content without written permission from us.

Third-Party Services

Our store may use third-party services, including Shopify, payment providers, shipping carriers and other service providers.

These third-party providers may have their own terms, conditions and privacy policies.

We are not responsible for the content, accuracy, policies or practices of third-party websites or services.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, store and protect customer information.

Limitation of Liability

To the maximum extent permitted by law, Occa Garden is not liable for any indirect, incidental, special or consequential loss or damage arising from your use of our website or products.

This includes, but is not limited to, loss caused by misuse of tools, failure to follow safety instructions, improper maintenance, unauthorised modifications or use of products outside their intended gardening or landscaping purpose.

Nothing in this section limits any rights you may have under Australian Consumer Law.

Indemnity

You agree to indemnify and hold Occa Garden harmless from any claim or demand arising out of your breach of these Terms of Service, your misuse of our products, your violation of any law or your infringement of the rights of a third party.

Changes to These Terms

We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website.

It is your responsibility to check this page periodically for changes.

Your continued use of the website after changes are posted means you accept those changes.

Governing Law

These Terms of Service are governed by the laws of New South Wales, Australia.

Any disputes will be handled in accordance with the laws and courts of New South Wales, Australia, subject to any rights you may have under Australian Consumer Law.