Terms & Conditions

1. General

  • 1.1.You may access and use this Website on the Conditions set out below and on the Website for Your private, non-commercial purposes.
  • 1.2. These Terms and Conditions together with our Terms and Conditions of Sale, Trading Terms and Conditions, Terms and Conditions for Special Offers, and your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

2. Interpretation

  • 2.1. In these Conditions, unless the context required otherwise, the following terms shall have the following meanings:-
    • 2.1.1. “Conditions” means the terms and conditions contained in this document;
    • 2.1.2. “Goods” mean the products and/or materials provided by Us;
    • 2.1.3. “Order” means the placement of an order for Goods made through the Website by the
      placement of goods into an electronic shopping cart;
    • 2.1.4. “Price” means the amount shown as the purchase price for Goods or Services on the
      Website;
    • 2.1.5. “Quote” means a request for Goods or Services to Us made through the Website;
    • 2.1.6. “Services” mean the delivery and/or supply of Goods, installation and/or repairs done by Us, including any advice or recommendations;
    • 2.1.7. “Us”, “We”, “Our” means D & J Akers Pty Ltd T/A Akers of Lawn ABN 32 008 107 113
      of 1/1 Aldershot Road, Lonsdale SA 5160 Australia, and Our officers, employees, contractors and agents;
    • 2.1.8. “You”, “Your” or any grammatical derivation of this means you the customer;
    • 2.1.9. “User” means the creator of the user name and password provided to create a login
      account on Our website;
    • 2.1.10. “Website” means the website www.akersoflawn.com.au and any other website
      owned and managed by Us, but not including any third party websites;
  • 2.2. These Conditions are governed by the law of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.
  • 2.3. In the interpretation of these Conditions:
    • 2.3.1. References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
    • 2.3.2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
    • 2.3.3. Grammatical forms of defined words or phrases have corresponding meanings;
    • 2.3.4. Parties must perform their obligations on the dates and times fixed by reference to South Australia;
    • 2.3.5. Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
    • 2.3.6. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
    • 2.3.7. References to a party are intended to bind their executors, administrators and permitted transferees;
    • 2.3.8. Obligations under these Conditions affecting more than one party bind them jointly and each of them severally.

3. Quote for Goods or Services

  • 3.1. You may request a Quote or place an Order through our Website.
  • 3.2. Any Quotes provided as a result of a request made through the Website will be on the terms and conditions of the written Quote provided to You. The written quote may be provided to you electronically.
  • 3.3. If you accept Our Quote, an Order will be created.
  • 3.4. All Orders will be governed by the Trading Terms and Conditions on the Website as at the date that Your Order is placed.

4. Payment

  • 4.1. Our Website does not have an electronic payment facility. All payments for Goods and Services will be on the terms of the Trading Terms and Conditions on the Website as at the date that Your Order is placed.

5. Availability of service

  • 5.1. We do not guarantee that this Website will be accessible by You at all times as We rely on communications links and networks over which We have no control. However, We will use Our best endeavours to have the Website network running continuously.
  • 5.2. We do not warrant that Your access will be uninterrupted, timely, secure or error free.
  • 5.3. Access to the Website may be suspended either with or without notice should We need to maintain or repair the website or there is a system failure.
  • 5.4. We have the right to change or discontinue the Website, the documents on it and any price, service or feature found on it at any time.

6. Accuracy of Information

  • 6.1. As a User, You must choose a secure password and not disclose it to anybody. You will indemnify Us for any claim, expense, loss or damage that We suffer as a result of unauthorised access to the Website using Your login details.

7. Privacy

  • 7.1. You consent to Us contacting You through the Website.
  • 7.2. By requesting a Quote or placing your Order, you agree that we may store, process and use data including personal and confidential information collected from You for the purposes of preparing your Quote of processing and delivering your Order.
  • 7.3. We will use your personal information such as your name, phone number, address, and email address to enable us to send information or process additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with Us for support/queries.
  • 7.4. You also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on our other products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on our other products, you should indicate your non-agreement to Us by email or phone.
  • 7.5. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
  • 7.6. We and you, including employees and contractors, agree not to disclose confidential information to additional third parties; to use all reasonable endeavours to protect confidential information from any unauthorised disclosure; and only to use your confidential information for the purpose for which it was disclosed by you and not for any other purpose.
  • 7.7. These obligations do not apply to confidential information that:-
    • 7.7.1. is authorised to be disclosed;
    • 7.7.2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
    • 7.7.3. is received from a third party, except where there has been a breach of confidence; or
    • 7.7.4. must be disclosed by law or by a regulatory authority including under subpoena.
  • 7.8. The obligations under this clause will survive termination of your account.
  • 7.9. We will use your personal information if required to do so by law. If we sell the business, disclosure of your personal information may be necessary in the negotiation stage. In that case, we will ensure that there is a non-disclosure agreement in place to protect your information.
  • 7.10. We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of the Website or Software, our customers or third parties or if required by law.
  • 7.11. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
  • 7.12. The Website is for Your Private Use only. You must not use it for any commercial purpose including on-selling, licensing or otherwise deal with the Website or your login details.
  • 7.13. You must not use the Website:-
    • 7.13.1. For any unlawful purpose
    • 7.13.2. To undertake any activity that would breach the Privacy Act 1988 (Cth) even if that Act does not apply to You;
    • 7.13.3. To undertake any activity that would breach the Spam Act 2003 (Cth);
    • 7.13.4. To impersonate any person or entity;
    • 7.13.5. To solicit any money, personal information, passwords;
    • 7.13.6. To cause offence or harm any person or to harass or bully any person;
    • 7.13.7. To defame a person;
    • 7.13.8. To conduct surveys, contests, pyramid schemes or chain letters on the Site;
    • 7.13.9. To introduce any form of malicious software into the Site or Services; or 7.13.10. To collect information about others on the Site without their consent.
  • 7.14. You must not allow other people to use the Website through Your login.
  • 7.15. We use reasonable measures to safeguard the personal information we hold about you from loss, theft and unauthorised use, disclosure or modification, including taking reasonable steps to prevent unauthorised access to our online and computerised systems by the use of measures such as firewalls, data encryption, virus detection methods, and password restricted access.

8. Intellectual Property

  • 8.1. We own all present and future rights to intellectual property in our products (developed in whole or in part by Us), our branding on the Website and all the documents on it, including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs (including the design of the website), copyright, and any corresponding property rights.
  • 8.2. We may have used open source software on the Website. To the extent that the terms of the open source software license expressly overrides these terms, those terms will apply.

9. Third Party Websites

  • 9.1. The Website may contain links to third party websites. These websites do not form part of the Website and You acknowledge that We have no control over or responsibility for those websites.
  • 9.2. When You leave the Website, to link to a third party website You do so entirely at Your own risk. We disclaim all responsibility for the accuracy or reliability of the website or the services or information that may be contained on that third party website. We will not be liable to You for any direct or indirect loss or damage that You may suffer as a result of accessing or relying on such third party websites.
  • 9.3. Display advertising on the Website whether or not such advertising contains a link to a third party website does not mean that We endorse or recommend the service or product being advertised.

10. Restricting Access

  • 10.1. We reserve the right to restrict or terminate your access to the Website and any of our services at any time without notice.

11. Cancellation by Us

  • 11.1. If We believe that you are acting contrary to the spirit of the Website, or are using the Website or documents on it other than for your Private Use such as for commercial gain or in a manner which could damage our business or reputation, we reserve the right to cancel Your access.

12. Liability

  • 12.1. To the extent permitted by law, We exclude all express or implied representations, conditions, warranties and terms relating to the Website except to the extent set out in these Conditions.
  • 12.2. We will not be liable to You or anyone else for any claim, expense, loss or damage You may suffer or incur at all as a consequence of using the Website or any third party website including for any that claim, expense, loss or damage is direct, indirect, consequential or incidental.
  • 12.3. To the extent We are not able to exclude Our liability, Our total liability to You for any loss or damage You may suffer or incur will be limited to the re-supply of the goods and services to You or at Our option to Us refunding the amount You have paid Us for the goods and services in the previous 12 month period.

13. Consumer Guarantees

  • 13.1. Consumer guarantees apply under the Australian Consumer Law. Nothing in these Conditions excludes the application of those guarantees.
  • 13.2. Your Consumer rights are set out in the Trading Terms and Conditions contained on the Website.

14. Force Majeure

  • 14.1. To the extent permitted by law, We are not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Us, and We shall be entitled to a reasonable extension of time for the performance of such obligations.

15. Miscellaneous

  • 15.1. You indemnify Us against any claim, expense, loss or damage whatever incurred by Us directly or indirectly, as a result of a breach by You, or other person or corporation using or relying on the Website if Your login has been used.
  • 15.2. You cannot assign Your rights and obligations under these Conditions.
  • 15.3. You warrant that You have relied entirely Your own enquiries in using to the Website and no oral or written communication by Us.
  • 15.4. Any provision of these Conditions which is unlawful and unenforceable will be severed and the remainder of the provisions will remain in force.
  • 15.5. Any notice or other communication to You or Us must be in writing and delivered by email to the email address last notified and that email it will be treated as received the business day after it enters the recipient’s information system.
  • 15.6. You acknowledge that We may use these Conditions on our website and that We may provide notice to You of any amendments. In this event, the Conditions on Our website shall apply to any future dealings as between You and Us, and You are deemed to have notice of any such Terms and Conditions and/or amendments.
  • 15.7. Your acceptance of the varied Conditions will be indicated by Your continued use of the Website.

Download Website Terms & Conditions >

For the following terms and conditions:

    “Us”, “We”, “Our” means D & J Akers Pty Ltd T/A Akers of Lawn ABN 32 008 107 113 of 1/1 Aldershot Road, Lonsdale SA 5160 Australia, and Our officers, employees, contractors and agents.
    “You”, “Your” or any grammatical derivation of this means you the customer.
    Any reference to “website” refers to www.akersoflawn.com.au and any other website owned and managed by Us.
    “Product” or “products” refers to any physical item We offer for sale on Our website or in store.

By buying products from Us in any way You are agreeing to these terms and conditions, along with Our Terms of Website Use, and Terms of Trading.

We may update or change these terms and conditions without notice, and it is Your responsibility to check all Our terms periodically, or before making a purchase.

We reserve the right to reject any purchase made for any reason, or no reason, including errors in advertised price, description of product, Your personal details given, or any process of the order. If We reject a purchase We may attempt to contact You though the contact details provided by You at the time of order.

PRODUCTS

All products sold, unless otherwise described, will be new, fit for the purpose they are for, free from damage or faults, and come with the guarantees that apply under the Australian Consumer Law.

Product images are as accurate to the physical products as We can control. We cannot guarantee that Your monitor, phone, or tablet’s display of colour is accurate.

Any natural lawn purchased by You as supply only needs to be laid on the day of delivery or collection. We accept no liability or responsibility for turf laid by You, once purchase is accepted.

Stock availability is based on last known stock levels and is subject to change. If We are unable to provide a product You have purchased We will notify You by telephone or email as soon as possible to provide a timeframe for re-ordering, an alternative, or a refund.

We have the right to change or discontinue any product at any time, without notice.

PRICING

All prices displayed are in Australian dollars and are inclusive of Australian goods and services tax.

Prices are displayed clearly on products and are not inclusive of delivery cost.

Delivery to Adelaide metro is $15. Any outer metro or country deliveries may incur additional postage fees. Multiple items or large orders may incur additional postage fees. Extra postage may be charged after initial purchase.

We have the right to change pricing at any time, without notice.

PAYMENT

For Your own security on Our website We only accept payments through Paypal.

Your order of products or turf will not be organized, packaged, or sent until full payment is made.

SHIPPING / DELIVERY

You are required to select whether You will collect Your order from Our business location, as noted above, or whether it will be delivered to the address specified by You. We do not take any responsibility for wrong, incomplete, or delayed delivery if the address supplied by You is incorrect.

DELIVERY

We will choose whether Your delivery will either be made by Our assigned carriers, or by a third-party delivery contractor. We do not take any responsibility for delays in delivery by the third party. In the event there is a delivery delay by Our carriers We will contact you as soon as possible and arrange an alternate delivery time.

Delivery times are dependent on the delivery method chosen. We will contact You via email, once Your order has been placed, with the approximate time of delivery.

Deliveries cannot be made to PO Boxes.

If the products are damaged in transit, You must immediately contact Us so that We can work towards resolving the situation.

Deliveries through Our website are currently restricted to inside Adelaide Metro and Outer Metro. Any deliveries to regional South Australia or interstate can be arranged through discussion with Us.

LOCAL PICKUP

Orders that are selected for local pickup will be confirmed through email when the products are ready for collection. Products ordered must be collected within 14 days of the collection email being sent. If Your order is not collected within this timeframe, We have the right to re-sell the products.

If Your order is no longer available after the 14 days You are entitled to a refund or exchange, in accordance with Our return policy.

REFUNDS / RETURNS

We will be happy to offer a refund or exchange within 30 days of purchase, with the exclusions of:

  • products that have any damage caused by You
  • products with faults addressed at time of purchase
  • instant and artificial turf
  • pre-mixed products
  • made to order products
  • products outside the shelf life expressed on the item

To be eligible for a refund or exchange the product must be unopened, unused, and in the same condition that You received it. You must also provide proof of purchase, in the form of a purchase receipt, or online tax invoice. Without proof of purchase, We cannot offer a refund.

Any refund will be given using Your original payment method.

Delivery fees are non-refundable.

Returns can be made either by post, or in person, to our business location, as noted above. If returning products by post You will need to contact Us to receive a Return Form that will need to be posted with the products, along with a copy of the purchase receipt.

You are responsible for any cost related to returning products to Us.

If You return products via post, We will notify You by email or telephone once We have received it, then inspect it. Once we have determined the reason for return, We will confirm with You via email or telephone and initiate a refund, exchange, or replacement order.

MAJOR FAULT

Where products sold are found and proven to have a major fault that was not found at time of purchase, do not function the way they are described to, does not match the description given at time of purchase, or is unfit for its common purpose, then You are entitled to a refund or replacement.

If products are found and proven to have a major fault, then We may refund the postage cost, on the condition that a postage receipt, or proof of purchase can be shown.

PRIVACY

By providing personal information You consent to the use of that information as written in Our Privacy Policy, which can be found in Terms of Website Use on www.akersoflawn.com.au.

LIABILITY

We will not accept responsibility for the following reasons:

  • You have failed to follow instructions supplied regarding proper use of the product
  • A fault has occurred due to reasonable wear and tear
  • The product has continued to be used after the fault would have been found by any reasonable person
  • You fail to keep the product in a condition fit for its intended purpose
  • The product has been used in a different manner than its original intended purpose

We have the right to correct any errors published on the Website.

CONTACT INFORMATION

If You are unhappy with, or have any questions, regarding these terms and conditions please contact Us at:

D & J Akers Pty Ltd
trading as Akers of Lawn
1/1 Aldershot Road,
Lonsdale S.A. 5160
Phone: (08)8326 3255
Email: [email protected]

Download Website Terms & Conditions of Sale >

  1. Winter Lawn Restoration Package includes a spray with Akers’ Seaweed & Gone, core, conditioning of subsoil, scarify, light top-dress and an oversow with appropriate seed, with an optional pop up irrigation add-on.
  2. Any additional soil beyond a light top-dress will be charged accordingly. This may apply in cases where the ground is extremely uneven and must be required to ensure a level surface.
  3. Scarifying applies to light to medium thatch. Any additional bales on top of this will be charged accordingly due to extra dumping fees that will be required.
  4. Multiple tree roots or obstructions under the surface may incur an additional charge.
  5. Offer applies to jobs totalling a minimum of 60m2.
  6. All jobs under the Winter Lawn Restoration Package are to be completed no later than 30th September and cannot be deferred to a later date.
  7. Does not include work or jobs sold prior to the release of the package (1st June) or after the end of campaign or jobs requested to be done at a later date.
  8. Brochure or Social Media offer must be mentioned when requesting quote or when first speaking with salesperson to activate offer.
  9. Filters, plumbing or electrical work, or connections to taps, timers, solenoids, etc are not included.
  10. Limited offer runs until 31st August.
  11. This offer is not available with any other offers or discounts.
  12. This offer is only available in Adelaide Metropolitan Area, up to where Akers of Lawn deem to be their boundary in the metropolitan area.
  13. No finance available for this offer, payment is in full on completion only. If paid by Credit Card there will be a 1.5% surcharge.
  14. Payment is due and payable in full on completion of work. Failure to pay in full will incur extra charges.

Download T&C – Winter Lawn Restoration Package >

  1. Renovate Your Lawn Package includes a spray with Akers’ Seaweed & Gone, core, conditioning of subsoil, scarify, light top-dress and an oversow with appropriate seed, with an optional pop up irrigation add-on.
  2. Any additional soil beyond a light top-dress will be charged accordingly. This may apply in cases where the ground is extremely uneven and must be required to ensure a level surface.
  3. Scarifying applies to light to medium thatch. Any additional bales on top of this will be charged accordingly due to extra dumping fees that will be required.
  4. Multiple tree roots or obstructions under the surface may incur an additional charge.
  5. Offer applies to jobs totalling a minimum of 60m2.
  6. SALife offer must be mentioned when requesting quote or when first speaking with salesperson to activate offer.
  7. Filters, plumbing or electrical work, and connections to taps, timers, solenoids, etc are not included.
  8. This offer is not available with any other offers or discounts.
  9. This offer is only available in Adelaide Metropolitan Area, up to where Akers of Lawn deem to be their boundary in the metropolitan area.
  10. No finance available for this offer, payment is in full on completion only. If paid by Credit Card there will be a 1.5% surcharge.
  11. Payment is due and payable in full on completion of work. Failure to pay in full will incur extra charges.
  1. Free pop up irrigation offer is available when the client signs up for, agrees to and pays deposit to have new instant turf installed with premium preparation, up to 100 square metres.
  2. Installation of irrigation must be done with installation of new lawns only, and only with instant turf lawns NOT seeded lawns. Sprinklers used will be selected by Akers of Lawn.
  3. Offer does not apply to work or jobs sold prior to or after the end of the campaign, or jobs requested to be done at a later date. Job will be scheduled to be completed in timeline designated by Akers of Lawn.
  4. To activate offer the TV ad or offer must be mentioned when requesting quote or when first speaking with salesperson.
  5. Filters, plumbing or electrical work or connections to taps, timers, solenoids, etc, are not included.
  6. Limited-time offer; runs until television advertising ceases.
  7. This offer cannot be used in conjunction with any other offers or discounts.
  8. This offer is only available in the Adelaide Metropolitan Area, up to where Akers of Lawn deem to be their boundary in the metropolitan area.
  9. Payment is due and payable in full on completion of work, once invoice has been issued. Failure to pay in full will incur extra charges. If paid by Credit Card there will be a 1.5% surcharge.

Download T&C – Pop Up Special >

  1. 50% off subsurface installation using our choice of product, when the client signs up for, agrees and pays to have the premium preparation job for a new lawn up to 100 square metres.
  2. Must be done with installation of new lawns only and only with instant turf lawns NOT seeded lawns.
  3. Does not include work or jobs sold prior to or after the end of campaign or jobs requested to be done at a later date. Must be completed within designated time frame by Akers of Lawn.
  4. TV ad or offer must be mentioned when requesting quote or when first speaking with sales person to activate offer.
  5. Filters, plumbing or electrical work or connections to taps, timers, solenoids, etc are not included. It is a “click on” connection only.
  6. Limited offer runs until Television advertising ceases.
  7. This offer not available with any other offers or discounts.
  8. No finance available for this offer, payment is in full on completion only.
  9. paid by Credit Card there will be a surcharge of up to 1.5%.
  10. Payment is due and payable on completion of agreed work.
  11. Offer is valid in metropolitan area of Adelaide (or area boundaries) as deemed by Akers of Lawn limitations.

Download T&C – Subsurface Special >