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Terms of service

Terms of Service

Retaining Walls Direct www.retainingwallsdirect.com.au 1800 880 124 | retainingwallstores@gmail.com 1 Pillapai Street, Charlestown NSW 2290, Australia ABN: 98 351 143 900


1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website www.retainingwallsdirect.com.au ("Website") and the purchase of products from Retaining Walls Direct ("we", "us", "our"). By accessing the Website or placing an order, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use this Website or place an order.

Nothing in these Terms limits, excludes, or modifies any guarantee, right, or remedy you have under the *Australian Consumer Law(Schedule 2, *Competition and Consumer Act 2010(Cth)) that cannot lawfully be excluded.


2. About Us

Retaining Walls Direct (ABN: [INSERT ABN]) is an Australian-based supplier of retaining wall materials including concrete sleepers, galvanized steel H-beam and C-channel posts, drainage kits, ag pipe, geotextile fabric, brackets, and associated hardware. We are a materials supplier only — we do not provide engineering, structural, geotechnical, or installation services.


3. Eligibility

By placing an order, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding contract
  • You are purchasing for a lawful purpose
  • All information you provide is accurate, current, and complete

We reserve the right to refuse service to any person or entity at our sole discretion.


4. Products & Descriptions

4.1 Product Information

We take reasonable care to ensure that product descriptions, specifications, dimensions, MPa grades, images, and pricing are accurate. However, we do not warrant that product descriptions or other content on this Website are error-free, complete, or current. Minor variations in color, texture, and finish may occur between product images and actual goods due to manufacturing processes and screen display differences.

4.2 Suitability

It is the Customer's sole responsibility to determine the suitability of any product for their intended application, site conditions, soil type, and load requirements. Retaining Walls Direct does not provide engineering or geotechnical advice. For retaining walls exceeding 1 meter in height (or lower thresholds in some jurisdictions), you must engage a licensed structural engineer and obtain all required council approvals before commencing construction.

Applicable standards include:

  • AS 4678-2002 — Earth-Retaining Structures
  • State building codes and local council planning requirements

4.3 Stock Availability

All orders are subject to stock availability. If a product becomes unavailable after your order is placed, we will notify you within 2 business days and offer you the choice of:

  • A substitute product of equal or greater value (at no additional cost)
  • A backorder with an estimated lead time
  • A full refund of the unavailable item

5. Pricing & Payment

5.1 Pricing

All prices are displayed in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Retaining Walls Direct is registered for GST purposes. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you complete checkout.

5.2 Freight Costs

Freight costs are calculated at checkout based on your postcode, order weight, and dimensions. In some cases (remote postcodes, oversized loads), actual freight costs may differ from the checkout estimate. Where an adjustment is required, we will contact you before dispatch. You may accept the revised cost or cancel for a full refund. We will never dispatch goods and invoice additional freight without your prior written consent.

5.3 Payment Methods

We accept payment via the methods displayed at checkout. Full payment is required before dispatch unless a Trade Account with agreed credit terms has been established in writing.

5.4 Payment Security

All payment transactions are processed through secure, PCI-DSS compliant payment gateways. Retaining Walls Direct does not store your full credit card details.

5.5 Failed or Declined Payments

If your payment is declined, your order will not be processed. You will be notified and given the opportunity to provide an alternative payment method. We reserve the right to cancel any order where payment cannot be confirmed.

5.6 Invoicing

A tax invoice will be issued upon dispatch of your order. Trade customers requiring purchase order references or specific invoice formats should contact us before placing their order.


6. Orders & Contract Formation

6.1 Order Placement

Placing an order constitutes an offer to purchase goods at the stated price and on these Terms. An order confirmation email does not constitute acceptance of your offer — it is an acknowledgement that we have received your order.

6.2 Contract Formation

A binding contract is formed when we dispatch your order and issue a dispatch confirmation. We reserve the right to refuse or cancel any order at any time before dispatch, including where:

  • A product is out of stock or discontinued
  • A pricing or description error has occurred
  • We are unable to verify payment
  • The order cannot be delivered to your location

Where we cancel an order, a full refund will be issued within 5 business days.

6.3 Order Accuracy

It is the Customer's responsibility to review their order carefully before completing checkout. Retaining Walls Direct is not liable for errors in orders placed by the Customer, including incorrect quantities, product specifications, or delivery addresses.


7. Delivery

Delivery is governed by our Shipping Policy, which forms part of these Terms and is incorporated by reference. Key points:

  • Delivery timeframes are estimates only and are not guaranteed
  • Curbside delivery is standard unless otherwise agreed in writing
  • A responsible adult must be present to accept delivery
  • Risk in goods passes to the Customer upon delivery or collection
  • Title passes upon receipt of full cleared payment

Please read the full Shipping Policy before placing your order.


8. Returns & Refunds

Returns and refunds are governed by our Return & Refund Policy, which forms part of these Terms and is incorporated by reference.

Your rights under the Australian Consumer Law are not affected by our returns policy. Where goods are faulty, not as described, or not fit for purpose, you are entitled to a remedy under the ACL regardless of any other policy terms.


9. Australian Consumer Law Guarantees

Under the Australian Consumer Law, our products come with guarantees that cannot be excluded. You are entitled to:

  • replacement or refund for a major failure
  • Compensation for any other reasonably foreseeable loss or damage
  • Have goods repaired or replaced if they fail to be of acceptable quality and the failure is not a major failure

For more information, visit the ACCC website or contact your state consumer affairs office.


10. Limitation of Liability

10.1 General Limitation

To the maximum extent permitted by law, Retaining Walls Direct's total liability to you for any claim arising from or in connection with these Terms, the Website, or the purchase of our products is limited to the purchase price of the goods giving rise to the claim.

10.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, Retaining Walls Direct is not liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to:

  • Loss of profit or revenue
  • Loss of contract or business opportunity
  • Project delays or contractor costs
  • Property damage beyond the goods themselves
  • Personal injury arising from misuse or improper installation of our products

10.3 ACL Savings Clause

Nothing in this clause limits any liability that cannot be excluded under the Australian Consumer Law or any other applicable law.


11. Product Use & Installation Disclaimer

Retaining Walls Direct supplies materials only. We are not responsible for:

  • The design, engineering, or structural adequacy of any retaining wall
  • Compliance with council, state, or territory building regulations
  • Soil assessment, drainage design, or geotechnical suitability
  • The quality of installation by the Customer or any third party

Customers are solely responsible for ensuring their retaining wall project complies with all applicable laws, standards, and council requirements. Retaining Walls Direct strongly recommends engaging a licensed structural engineer for all walls exceeding 1 meter in height.


12. Trade & Commercial Customers

Where goods are purchased for business, trade, or commercial purposes:

  • The ACL consumer guarantee provisions may not apply to the full extent where goods are acquired for business use and the order value exceeds $100,000 (per Competition and Consumer Act 2010, s.3)
  • These customers agree that they have not relied on any representation made by Retaining Walls Direct that was not expressly confirmed in writing
  • Trade Account customers are subject to separate Trade Account Terms and Conditions available on request
  • Commercial customers are responsible for ensuring all transport, handling, and installation complies with applicable workplace health and safety laws, including the Work Health and Safety Act 2011 (Cth) and relevant state equivalents

13. Intellectual Property

All content on this Website — including text, product descriptions, images, technical specifications, diagrams, logos, and branding — is the intellectual property of Retaining Walls Direct and is protected under the Copyright Act 1968 (Cth) and applicable Australian intellectual property laws.

You may not reproduce, distribute, modify, transmit, or use any content from this Website for commercial purposes without our prior written consent. You may print or download content for personal, non-commercial reference only.


14. Website Use

14.1 Permitted Use

You may use this Website only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to any part of the Website or its systems
  • Transmit any unsolicited commercial communications
  • Introduce malware, viruses, or other harmful code
  • Scrape, harvest, or extract data from the Website without our written consent

14.2 Website Availability

We do not warrant that the Website will be available at all times, error-free, or free from viruses or other harmful components. We reserve the right to suspend, withdraw, or restrict access to the Website at any time without notice.

This Website may contain links to third-party websites. These links are provided for convenience only. Retaining Walls Direct does not endorse, control, or accept responsibility for the content of any third-party website.


15. Privacy

We collect, use, and store personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs). By using this Website, you consent to the collection and use of your personal information as described in our Privacy Policy.


16. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any dispute arising under or in connection with these Terms, without prejudice to your rights under the Australian Consumer Law or any other non-excludable statutory provision.


17. Dispute Resolution

17.1 Internal Resolution

If you have a complaint or dispute, please contact us in the first instance:

📞 1800 880 124 (Mon–Fri, 8am–5pm AEST) ✉️ retainingwallstores@gmail.com

We will acknowledge your complaint within 2 business days and endeavor to resolve it within 10 business days.

17.2 External Resolution

If we are unable to resolve your complaint directly, you may contact:

  • NSW Fair Trading — 13 32 20
  • ACCC — 1300 302 502
  • Australian Financial Complaints Authority (AFCA) — for payment-related disputes

18. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed from the remaining Terms, which will continue in full force and effect.


19. Waiver

Failure by Retaining Walls Direct to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.


20. Entire Agreement

These Terms, together with our Shipping Policy, Return & Refund Policy, Privacy Policy, and Legal Notice, constitute the entire agreement between you and Retaining Walls Direct in relation to your use of this Website and the purchase of our products, and supersede all prior representations, agreements, or understandings.


21. Changes to These Terms

We reserve the right to update these Terms at any time. The current version will always be published at www.retainingwallsdirect.com.au/policies/terms-of-service. Continued use of the Website following any update constitutes your acceptance of the revised Terms. Material changes will be notified via email to registered customers where practicable.


22. Contact

Retaining Walls Direct 📞 1800 880 124 (Mon–Fri, 8am–5pm AEST) ✉️ retainingwallstores@gmail.com 🏢 1 Pillapai Street, Charlestown NSW 2290, Australia 🌐 www.retainingwallsdirect.com.au

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