Terms and conditions for goods sold by PBM Irrigation Pty Ltd T/A The Irrigation Shop from theirrigationshop.com.au.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and PBM Irrigation Pty Ltd (ACN 648 899 576) (“The Irrigation Shop”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from theirrigationshop.com.au. By placing an order for Goods from The Irrigation Shop you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

“Account” means a personal account created by you on The Irrigation Shop Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

"The Irrigation Shop Website" means theirrigationshop.com.au;

“Order” means an order for Goods, placed on The Irrigation Shop Website;

“Password” means the password needed to access your Account;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means theirrigationshop.com.au.

2. Your legal rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that The Irrigation Shop represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. Pricing & taxes

3.1 Prices for Goods are as shown on the Website.

3.2 The Irrigation Shop reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by The Irrigation Shop.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply The Irrigation Shop will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, The Irrigation Shop will cancel your Order. The Irrigation Shop will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge.

3.6 All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. Your Account for Orders placed on the The Irrigation Shop Website

4.1 If you do not already have an Account you will need to create one before placing an Order on the The Irrigation Shop Website, unless you utilise the “Guest Checkout” feature of the The Irrigation Shop Website.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to The Irrigation Shop that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify The Irrigation Shop immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify The Irrigation Shop, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If The Irrigation Shop suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify The Irrigation Shop then you must pay The Irrigation Shop the amount of that loss, damage, cost or expense if The Irrigation Shop asks you to.

5. Orders

5.1 You can place an Order by following the instructions on the Website.

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. The Irrigation Shop may accept or reject your offer in its absolute discretion. In particular, but without limitation, The Irrigation Shop may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact sales@theirrigationshop.com.au.

5.3 Each Order that you place will, if accepted by The Irrigation Shop, be a separate and binding agreement between you and The Irrigation Shop with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing The Irrigation Shop with their personal information and, by placing an Order, you confirm to The Irrigation Shop that you have done this.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to The Irrigation Shop that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by The Irrigation Shop. The Irrigation Shop will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by The Irrigation Shop, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge) will apply to each Order. The Irrigation Shop cannot consolidate separate Orders into one delivery.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of products like a pump and piping); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. After you have submitted an order/payment

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 The Irrigation Shop will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by The Irrigation Shop when The Irrigation Shop does this, however, The Irrigation Shop may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that The Irrigation Shop cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

6.3 For credit card payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank processes the cancellation. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.

6.4 When The Irrigation Shop accepts an Order it represents an agreement by The Irrigation Shop to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.5 You must pay for Goods by credit card on The Irrigation Shop Website. When you place an Order on The Irrigation Shop Website, and the amount you are paying for Goods is not less than $20 and not more than $1,000 (excluding delivery charges), you may also pay for those Goods using one of the following other payment methods: Afterpay (subject to Afterpay’s Terms of Service), ZipPay (subject to the Zip Pay Terms & Conditions) or LatitudePay (subject to the LatitudePay terms and conditions). If the name on the credit card/payment card/account does not match the name on the Order, The Irrigation Shop may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card or selecting one of the other available payment methods you authorise The Irrigation Shop to deduct the price and the applicable delivery charge(s) from such card or payment methods.

6.6 The Irrigation Shop reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.7 The Irrigation Shop may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, The Irrigation Shop reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.8 When you submit an Order, The Irrigation Shop may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. Cancellation of Orders

7.1 The Irrigation Shop reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Irrigation Shop may do this for example, but without limitation, where:

(a) The Irrigation Shop’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond The Irrigation Shop’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that The Irrigation Shop is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) in the circumstances set out in Sections 3.4 or 6.7.

7.2 You may cancel your Order where The Irrigation Shop:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside The Irrigation Shop’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where The Irrigation Shop cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of The Irrigation Shop or you cancelling your Order after payment has been processed, The Irrigation Shop will refund any money paid in respect of that Order. Section 14 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. Availability of Goods

8.1 As The Irrigation Shop is dependent upon its suppliers to provide stock, The Irrigation Shop cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. The Irrigation Shop reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9. Delivery

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. The Irrigation Shop is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order.

9.3 Where requested, The Irrigation Shop will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, The Irrigation Shop will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, The Irrigation Shop will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a The Irrigation Shop nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(c) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, The Irrigation Shop will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. The Irrigation Shop will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

10. Delay in availability or delivery of Goods

10.1 You agree and acknowledge that:

(a) The Irrigation Shop does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by The Irrigation Shop or any of its staff;

(b) stock availability and events outside The Irrigation Shop’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither The Irrigation Shop nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

11. Refunds of your money

11.1 Where The Irrigation Shop is obliged to refund your payment pursuant to these Terms and Conditions, The Irrigation Shop aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that if The Irrigation Shop is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

11.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Irrigation Shop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12. Returns/faulty or damaged goods

12.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

12.2 If you have a problem with any Goods or otherwise wish to return them please refer to The Irrigation Shop’s Returns Policy which forms part of these Terms and Conditions.

12.3 When returning Goods:

(a) please provide The Irrigation Shop with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. 

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

12.4 You may not be entitled to a refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

13. More information about The Irrigation Shop's liability to you

13.1 To the full extent permitted at law, The Irrigation Shop is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

14. Privacy

14.1 The Irrigation Shop policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

15. General

15.1 The Irrigation Shop reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

15.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

15.3 These Terms and Conditions are governed by the laws of Queensland, Australia.