Terms & Conditions

About the Website

Welcome to www.landandsand.com.au. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website.

The Website is operated by Land and Sand Essentials . Access to and use of the Website, or any of its associated Products or Services, is provided by Land and Sand Essentials. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Land and Sand Essentials reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Land and Sand Essentials updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Land and Sand Essentials in the user interface.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product.

Payment of the Purchase Price may be made through Credit Card or PayPal and After Pay.
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Land and Sand Essentials, you will be issued with a receipt to confirm that the payment has been received and Land and Sand Essentials may record your purchase details for future use.

Land and Sand Essentials may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Warranty

Land and Sand Essentials's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

You may make a claim under this clause for material defects and workmanship in the Products within 3 Months from the date of purchase.

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Land and Sand Essentials showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Land and Sand Essentials by email at hello@landandsand.com.au.

Where the Warranty Claim is accepted then Land and Sand Essentials will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by Land and Sand Essentials and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. 

Privacy

Land and Sand Essentials takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Land and Sand Essentials's Privacy Policy, which is available on the Application.

General Disclaimer

You acknowledge that Land and Sand Essentials does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Land and Sand Essentials will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  1. a)  all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

  2. (b)  Land and Sand Essentials we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Land and Sand Essentials is at your own risk. Everything on Website, the Purchase Services, and the Products of Land and Sand Essentials, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Land and Sand Essentials make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Land and Sand Essentials) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. (a)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  2. (b)  the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

  3. (c)  costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

  4. (d)  the Content or operation in respect to links which are provided for the User's convenience;

  5. (e)  any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

  6. (f)  any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Land and Sand Essentials are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by Land and Sand Essentials or its contributors.

Land and Sand Essentials retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  1. (a)  the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Land and Sand Essentials; or

  2. (b)  the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  3. (c)  a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Land and Sand Essentials and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.