Site Terms and Conditions

Strata Corporation Pty Ltd (TerraCottem) is a company supplying landscape products.

These terms and conditions govern the use of TerraCottem’s website and online purchasing system located at terracottem.com.au (Website).

These terms and conditions for the Website are in addition to TerraCottem’s standard terms and conditions of sale which can be found here.

By using the site, you agree to these terms and conditions; if you do not agree, do not use the site.

If you have questions or concerns regarding these terms and conditions, you should first contact TerraCottem by email at info@terracottem.com.au

These terms and conditions, as may be varied from time to time as displayed on the TerraCottem Website, apply to the relationship between TerraCottem and the Customers who use this site (Customers). Use of this Website is conditional upon acceptance of and compliance with these terms and conditions, as they apply from time to time. Any specific conditions, notices and disclaimers including the Privacy Policy whether incorporated currently or given in the future by way of notice need to be carefully read as acceptance of these terms and conditions will be confirmation that they have been read and understood.

By using the TerraCottem website it is clearly understood by all Customers that this Website will only be used for lawful and proper purposes. The Customer is liable for and must indemnify TerraCottem against any losses incurred by reason of unlawful or improper use or Content.

Content on the Website belongs to TerraCottem. Content means but is not limited to graphics, photographs, trademarks, logos, sounds, artwork, music, design, pricing and any other data. The Content is covered by various copyright, patent and trademark laws, various other intellectual property rights and unfair competition laws. Content must not be copied, reproduced, acquired or monitored in any way whatsoever.

TerraCottem’s Privacy Policy applies to the use of this Website and can be found here. By using this website you understand that despite the best efforts of TerraCottem, information conveyed over the internet is never completely private or secure.

The display of products and prices by TerraCottem does not constitute an offer to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability, price changes, freight charges, postage and handling and Goods and Services Tax.

All product descriptions are either provided by the product manufacturer or based upon information provided by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, TerraCottem excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description that appears on the Website.

All passwords and TerraCottem access details are confidential and may not be disclosed to any person except for those employees of the Customer for the purposes of placing orders with TerraCottem.

TerraCottem accepts no liability for security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments. The Customer must take all necessary steps to prevent security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.

TerraCottem is not responsible for any errors or omissions contained in or on the Website. The Customer relies on the information contained in the Website at its own risk. The information in the Website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.

TerraCottem reserves the right to make any changes to the information contained in the Website including changes to its product range, ordering mechanisms and ordering terms without prior notice.

TerraCottem does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use TerraCottem only with involvement of a parent or guardian.

The agreement and the relationship between Customers and TerraCottem shall be governed by the laws of Australia. The failure of TerraCottem to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. Customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any dispute arises under this agreement or in connection with the service, such dispute must first be the subject of a mediation between the parties before a mediator agreed between the parties or otherwise appointed by the Institute of Arbitrators and Mediators Australia. The good faith participation in the mediation is a pre-condition of any litigation, except for applications for urgent, summary or injunctive relief.

TerraCottem is not liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

This agreement constitutes the entire agreement between Customers and TerraCottem and supersedes any prior or contemporaneous agreements, statements, understandings, or representations concerning its subject matter.

If any part of this agreement is legally declared invalid or unenforceable, that part shall be severed from the remainder which will remain valid and enforceable.