Welcome to our online store! GardenWindmills.com.au and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Our Australia Wide Free delivery service included with each order is factoring delivery to any major capital city in Australia. Rural and country deliveries can be accepted and included in this free service, addresses not serviced by Australia Post will be delivered to the closest post box or local town agency available for collection.
When you visit GardenWindmills.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, video and software is the property of GardenWindmills.com.au or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of GardenWindmills.com.au, with copyright authorship for this collection by our Business, and protected by Australian and international copyright laws.
GardenWindmills.com.au trademarks and trade dress may not be used in connection with any product or service that is not GardenWindmills.com.au, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GardenWindmills.com.au. All other trademarks not owned by GardenWindmills.com.au or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GardenWindmills.com.au or its subsidiaries.
LICENSE AND SITE ACCESS
GardenWindmills.com.au grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GardenWindmills.com.au. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GardenWindmills.com.au. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GardenWindmills.com.au and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing GardenWindmills.com.au name or trademarks without the express written consent of GardenWindmills.com.au. Any unauthorised use terminates the permission or license granted by GardenWindmills.com.au. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GardenWindmills.com.au so long as the link does not portray GardenWindmills.com.au, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GardenWindmills.com.au logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. GardenWindmills.com.au and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS,AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GardenWindmills.com.au reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GardenWindmills.com.au and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensee right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GardenWindmills.com.au and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify GardenWindmills.com.au or its associates for all claims resulting from content you supply. GardenWindmills.com.au has the right but not the obligation to monitor and edit or remove any activity or content. GardenWindmills.com.au takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from GardenWindmills.com.au are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
GardenWindmills.com.au and its associates attempt to be as accurate as possible. However, GardenWindmills.com.au does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GardenWindmills.com.au itself is not as described, please notify us.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GardenWindmills.com.au ON AN “AS IS” AND “AS AVAILABLE” BASIS. GardenWindmills.com.au MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GardenWindmills.com.au DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GardenWindmills.com.au DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GardenWindmills.com.au ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GardenWindmills.com.au WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PLEASE BE ADVISED THAT ALL OF OUR GARDEN ORNAMENTS ARE NOT DESIGNED TO OPERATE IN HIGH WIND CONDITIONS, THAT IS WITH AN OUTSIDE WIND VELOCITY OF MORE THAN 35KM PER HOUR CAN CAUSE DAMAGE TO OUR WINDMILLS FOR PROLONGED EXPOSURE TO THESE CONDITIONS. PLEASE TAKE DOWN YOUR WINDMILLS IF STORMS ARE EXPECTED AND PLEASE ENSURE YOUR WINDMILLS ARE KEPT OUT OF RANGE OF BORE WATER OR SALT WATER CONDITIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We unfortunately do not offer returns, store credit is available on returned items. All sales are final. This is largely due to significant cost of shipping our products to our customers and the consignment arrangement that we have. Broken or damaged items on arrival will be replaced if notice is provided in writing within 7 days of receiving the order. Broken or damaged items thereafter are the purchases responsibility for correct installation and operation away from wind, storm, sea, bore or salt water.
Due to the nature of our products being left in the open environment and as each environment is different we offer a 3 months warranty on all items shipped, if your product faults within this time frame please notify our customer support with photos of the problem and we will attempt to resolve with a replacement part or item upon receipt of returned of faulty item.
Any dispute relating in any way to your visit to GardenWindmills.com.au or to products you purchase through GardenWindmills.com.au shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate GardenWindmills.com.au intellectual property rights, GardenWindmills.com.au may seek injunction or other appropriate relief in any state or federal court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY