- Ownership of Website
- This Website is owned and operated by DFC (Woodstock) Pty Ltd.
- In these terms and conditions (Website Terms), the expressions 'we', 'us' and 'our' are a reference to DFC (Woodstock) Pty Ltd and includes its related entities.
- Use of Website
- The Website Terms apply to your use of this website. In using this website or by proceeding beyond the homepage, you agree to be bound by the Website Terms. If you do not accept the Website Terms, you must refrain from using this website.
- We may amend the Website Terms as necessary. Amendments will be effective immediately upon publication on this website. Your continued use of this website following such publication will be regarded as your acceptance of the Website Terms as amended.
- In addition to these Website Terms there may also be specific and additional terms that apply to certain sections of the Website. Please review those specific and additional terms whenever they appear. In the event of any inconsistency between those specific and additional terms and these Website Terms, the specific and additional provisions will prevail.
- User Conduct
- You may use this Website only for your personal and non-commercial lawful purposes unless we otherwise agree in writing. You may not, without our written permission, make commercial use of the information obtained from the Website.
- You are responsible for all of your activities in connection with accessing and using the Website. Any abusive, fraudulent or otherwise illegal or tortious activity may be grounds for termination of your access to the Website. You may not post or transmit any material or communication intended to obtain personal data from any Website user. You must not disrupt or interfere with the Website or any related services, systems or networks. You must respect other users’ privacy and not interfere with their use or enjoyment of the Website. You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website.
- You agree to indemnify and hold us and our related entities harmless from any claim, action, demand, loss or damages incurred by any third party arising out of or relating to your conduct on this Website (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Website Terms, or your breach of any rights of third parties.
- Linked Websites
- This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites, and you acknowledge and agree that we have no control over and do not monitor third party websites.
- Unless expressed otherwise in this Website, our links to linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.
- If you hyperlink to this Website you must: a. obtain our consent; : b. not hyperlink to any part of this website other than the ‘www.peppercornhill.com.au home page; c. attribute us as the original source of the hyperlink; and d. comply with all privacy, intellectual property and all other applicable laws.
- Security of Information
- Data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- Content on this Website contains general information about our products and services. Unless otherwise stated, such content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for our products and services;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
- The advertisement of our land packages and house and land packages, including house and land packages available in conjunction with third parties, does not constitute an offer for sale or any kind of guarantee that the particular land packages and house and land packages advertised on this website will be offered for sale or will be offered for sale at the location, on the terms and for the prices advertised on this Website.
- The fact that information is accessible through this Website is not a recommendation by us of the merits, or a guarantee of the performance, of any of our land packages or our house and land packages.
- We derive the information on this Website from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
- It remains your responsibility to evaluate the accuracy, completeness and usefulness of any information obtained from this website. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on this Website.
- You acknowledge that where the information made available on this Website contains opinions or judgements of third parties, are third party advertisements or links to third party advertisements: a. any opinions or advice by third parties on the website remain the responsibility of those third parties; b. we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; c. responsibility for the content of any advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers; d. each advertiser is solely responsible for any representations made in connection with its advertisement; and e. we do not accept liability for loss or damage caused by your reliance upon any information made available on this Website or linked websites by third parties including any judgments, opinions or advertisements made by third parties.
- You should make your own inquiries and seek independent advice from relevant professionals before acting on any information or material contained on our website.
- Content on this Website contains general information about our products and services. Unless otherwise stated, such content does not:
- The contents of this Website are provided on an “as is” and “as available” basis. We do not warrant that the information is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the fullest extent permitted by law we disclaim all warranties, express or implied, including warranties of fitness, merchantability, availability of goods or services, or non-infringement.
- We do not accept any responsibility for any loss or damage, however caused which you may directly or indirectly suffer in connection with your use of the Website, its contents or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website including any information made available on this website or linked websites hosted by third parties.
- We do not accept liability for any failure on our part to comply with these Website Terms where such failure is due to circumstances beyond our reasonable control.
- Limitation of Liability
- Under the Australian Consumer Law (ACL), certain consumer guarantees may apply in respect of this website. Nothing in the Website Terms should be interpreted as attempting to exclude these consumer guarantees or limit our liability for breaching the guarantees.
- Subject to the applicable consumer guarantees, and to the extent permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into the Website Terms.
- If you make a claim against us regarding the products or services we provide on this Website:
a. in respect of any breach or alleged breach by us of the consumer guarantees and the relevant products or services are not a kind ordinarily acquired for personal, domestic or household use; or
b. in respect of any cause of action other than a breach of the ACL (including without limitation, for breach of contract or negligence by us),
to the extent permitted by law, our liability will be limited, at our discretion, to: c. if the breach relates to goods – the replacement of the goods, the repair of the goods, the payment of the cost of repairing the goods, or the supply of equivalent goods; and d. if the breach relates to services – the supplying of the services again, or the payment of the cost of having the services supplied again.
- Any exclusion or limitation of liability set out in the Website Terms or on this website does not attempt to purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded. We otherwise expressly disclaim and exclude, to the full extent permitted by law, any liabilities imposed on us or implied into these Website Terms under any law whether in contract, tort including negligence, statute or otherwise.
- Intellectual Property
- We own, or are licensed to use, all the intellectual property rights (including copyright and trade mark rights) subsisting in or relating to all information, text, content, materials, graphics, logos, icons, sound recordings, software, and source code on this Website.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except expressly authorised by the Website Terms, you may not in any form or by any means: a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or b. otherwise commercialise any information, products or services, obtained from any part of this Website, without our written permission, or in the case of third party material, from the owner of the intellectual property rights in the third party material.
- Errors and Defects
- We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.
- Whilst we endeavour to keep this website up to date and accurate, we cannot guarantee that the information on this website will be up to date or accurate.
- You must not assign your rights under the Website Terms without our prior written consent.
- We do not waive, and no action of ours can be construed as waiving, any rights available to us under the Website Terms.
- The terms and conditions set out in this document are severable. Where a term or condition is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall continue to apply.
- Termination of Access
- Access to this Website may be terminated at any time by us without notice. In the event of termination, all provisions of these Website Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnities, limitations of liability, acknowledgments and intellectual property provisions.
- These Website Terms are governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of Victoria, Australia
- House and Land Packages - Description and Prices
- Illustrations, photographs and images displayed on this website are for illustrative purposes only and: a. may include options and upgrades that are available at an additional cost; b. may include items, such as landscaping and gardens, driveway, paving, decking, fencing and fittings not supplied by the builder. c. may not comply with developer guidelines, including the Peppercorn Hill Design Guidelines, unless varied accordingly. Please consult your home builder for further information and guidance.
- Floor plans, sizes and areas depicted on this website are for illustrative purposes only. Floor plans may not reflect developer guidelines. Please consult your home builder for further information and guidance.
- Lot widths and sizes, and any other measurements stated are estimates only and to be used as a guide only. These may change due to developer and council requirements.
- All list prices are based on the standard façade without any upgrades, inclusions and options, unless otherwise stated.
- House and land packages, as shown on the website, are only available for the specified lot and home advertised and is only available until sold. Prices shown are subject to final contract and any variation as set out in these terms and conditions.
- Final designs, inclusions, and options included in package: a. may change from the information provided on the website; b. may be varied by the builder without notice; c. will be set out in the specific building contract.
- Prices published: a. are correct as at the time of publishing but may change without notice after the date of printing; b. do not include stamp duty, legal fees or any other costs incurred in connection with the purchase.
- Final package prices depend upon a range of factors outside the developer’s control including council building and planning approvals, finance, soil testing and survey results of the specified lot, and the plan, specifications, upgrades, inclusions and options selected.
- House and land packages are subject to: a. developer approval; and b. land availability which may change at any time without notice.
Terms and Conditions of the DFC “$10K + $10K A Big Deal” Land Rebate
- The promoter is DFC (Woodstock) Pty Ltd ACN 154 138 020 of Level 1, 863 High Street Armadale, Victoria 3143 (Promoter).
- This promotion (Land Rebate Promotion) entitles the Buyer of a Selected Lot to a Rebate, upon Settlement of that Selected Lot, provided that the Buyer satisfies the Rebate Eligibility Criteria.
- For the avoidance of doubt, this Land Rebate Promotion is only available to Buyers of Selected Lots who meet the Rebate Eligibility Criteria outlined in clause 5 below.
- This Land Rebate Promotion will run for the Land Rebate Promotion Period, which may be reduced by the Promoter in its absolute discretion. For the avoidance of doubt, the Land Rebate Promotion does not apply to any DFC Contracts entered into or Lots reserved (with or without a holding deposit) outside of the Land Rebate Promotion Period.
- To be eligible to receive a Rebate under the Land Rebate Promotion, the Buyer must meet the following requirements (Rebate Eligibility Criteria):
- pay an initial deposit to a Participating Builder for a dwelling to be constructed on a Selected Lot before the Buyer signs any DFC Contract and/or pays a Deposit for any Selected Lot;
- sign and deliver the DFC Contract for a Selected Lot within the Land Rebate Promotion Period via any one of the following methods:
- hand delivery;
- email; or
- e-contract portal; and
- pay the Deposit within 7 days of entry into the DFC Contract;
- provide the Promoter with evidence (to the Promoters satisfaction, in its discretion) that the Buyer holds finance pre-approval at the time the DFC Contract is signed;
- effect Settlement no later than:
- in respect of titled Selected Lots, the earlier of the date that is 60 days from the date on which the DFC Contract is signed and any date separately agreed by the Promoter; or
- in respect of untitled Selected Lots, 14 days after the Buyer receives notification that the plan of subdivision for the Selected Lot has been registered; and
- not have participated in any other incentive programs offered by the Promoter or its Related Entities in connection with the Selected Lot that is the subject of the DFC Contract signed by the Buyer;
- strictly comply with these terms and conditions and the DFC Contract.
- If the Buyer meets the Rebate Eligibility Criteria, the balance of the applicable purchase price payable by the Buyer due to the Vendor at Settlement (being the applicable purchase price less the Deposit already paid) will be reduced by the amount of the Rebate. For the avoidance of doubt, the Buyer will not be entitled to receive the Rebate in cash or in any other form - such amount will only be applied as a Rebate to the purchase price payable to the Vendor.
- By participating in this Land Rebate Promotion, the Buyer acknowledges and agrees that:
- the Promoter, DFC (Services) Pty Ltd ABN 15 089 081 667 and its Related Entities (together, the Dennis Group) may collect the Buyer's Personal Information directly from the Buyer or via third parties (such as estate agents, sales agents and referrers);
- the Dennis Group will use the Buyer's Personal Information to conduct and administer the Land Rebate Promotion (including by considering the Buyer's expression of interest in the Land Rebate Promotion, validating whether the Buyer has met the Rebate Eligibility Criteria, processing the Rebate if the Buyer has met the Rebate Eligibility Criteria);
- the Buyer's Personal Information may be shared:
- with the Vendor;
- within the Dennis Group; and
- with third parties outside of the Dennis Group (such as government agencies, banks, professional advisors, contractors, real estate agents and any other service providers), for the purposes of this Land Rebate Promotion or for related or similar purposes;
- if the Buyer chooses not to provide any Personal Information that the Dennis Group requests in connection with this Land Rebate Promotion (whether directly or through its agents), then the Buyer may not be able to participate in the Land Rebate Promotion and/or the Dennis Group may not be able to process the Rebate;
- By participating in this Land Rebate Promotion, the Buyer consents to receiving communications, including marketing and promotional materials, via electronic means from the Dennis Group.
- The Buyer acknowledges and agrees that the Promoter has not at any time made any warranties or representations about the suitability or impact of this Land Rebate Promotion on the Buyer's circumstances or any matters relating to any of the Participating Builders. The Buyer promises the Promoter that it has made all necessary enquiries and sought independent advice on the terms and conditions of this Land Rebate Promotion and it has undertaken its own due diligence about its chosen Participating Builder before participating.
- Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or under any similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Buyer releases and indemnifies the Promoter and each other member of the Dennis Group (including their respective officers, employees and agents) and their contractors from all losses, claims or damages suffered, incurred or resulting from or in connection with their participation in this Land Rebate Promotion and their engagement of any of the Participating Builders.
- The Promoter holds the benefit of clause 11 on trust for each member of the Dennis Group and each of their officers, employees, representatives, agents and contractors.
- The following definitions apply in these terms and conditions:
- Buyer(s) means any person who purchases a Selected Lot during the Land Rebate Promotion Period (for the avoidance of doubt, a Buyer does not include a nominee, and nominees will not be accepted for this Land Rebate Promotion).
- Deposit means the deposit amount referred to in the DFC Contract.
- DFC Community means the following residential development of the Promoter or its Related Entities, marketed under the names: Peppercorn Hill
- DFC Contract means the contract for the sale of a Lot in the DFC Community between the Buyer as the purchaser, DF (Woodstock) Developments Pty Ltd as the developer and the Vendor.
- Display Village means the display village known as the Peppercorn Hill Display Village that is located within the DFC Community as shown on the map found in https://peppercornhill.com.au/display-village;
- Land Rebate Promotion has the meaning provided in clause 2 of these terms and conditions.
- Land Rebate Promotion Period means the period from 23 September 2023 to 29 October 2023, unless sold out prior or varied in accordance with these terms and conditions.
- Lot means a lot on a plan of subdivision for a DFC Community and includes 'Lots' and 'Selected Lots'.
- Participating Builders mean the builders who operate the display homes within the Display Village (refer to Annexure A – Participating Builders), but does not include Burbank Australia Pty Ltd (CDB-U 52603), Carlisle Homes Pty Ltd (CDB-U 50143) and Aston Homes Pty Ltd (CDB-U 51183).
- Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
- Rebate means a rebate offered to the Buyer under this Land Rebate Promotion and in accordance with the DFC Contract. The amount of the Rebate offered will be determined with the Buyer under the DFC Contract and with reference to the specific Lot purchased.
- Rebate Eligibility Criteria means the requirements set out clause 5 of these terms and conditions which a Buyer must satisfy to be eligible to receive the Rebate.
- Related Entity or Related Entities has the same meaning given to it under the Corporations Act 2001 (Cth).
- Selected Lots mean the Lots (both titled and untitled) selected by the Promoter, the particulars of which can be provided upon request.
- Settlement means the provision of vacant possession of the Lot to the Buyer, and the acceptance of title and payment by the Buyer of the purchase price and all other money due to the Vendor under the DFC Contract.
- Vendor means the party who is listed as the vendor in the DFC Contract.
Annexure A - Participating Builders
ABN Group (VIC) Pty Ltd - Trading Name Boutique Homes VIC
ABN 82 130 382 188
Arden Homes Pty Ltd
ABN: 68 146 213 970
Australian Building Company Pty Ltd
ABN 71 603 519 366
Dennis Family Homes Pty Ltd
ABN 83 056 254 249.
The trustee for Fairhaven Homes Unit Trust
ABN 26 883 987 902
Henley Arch Pty Ltd A.C.N. 007 316 930 as trustee for the Henley Arch Unit Trust
ABN 61 415 474 786
JG King Pty Ltd
ABN 21 006 627 210
Mimosa Homes PTY LTD
ABN 12 123 989 408
Metricon Homes Pty Ltd
ABN 55 201 276 124
Orbit Homes Australia Pty Ltd
ABN 11 080 735 771
Sherridon Pty Ltd
ABN 14 127 439 132
Simonds Homes Victoria Pty Ltd
ABN 35 050 197 610
Signature Street Front Landscape - Terms & Conditions
Free landscaping and 12 months garden maintenance is available to eligible purchasers of lots at Woodlands at Peppercorn Hill subject to the Terms and Conditions of this Offer.
1. The dwelling, driveway, pathways and preparatory works must be completed in accordance with the laws, contract of sale, building plans approved by the Design Panel title restrictions, Woodlands at Peppercorn Hill Design Guidelines, and this Offer. The preparatory works that must be completed before landscaping works can commence include:
• installation of a 90 millimetre PVC pipe under the driveway, to enable future irrigation connection/s;
• the provision of the occupancy permit for the dwelling house to the Design Panel;
• the removal of all rubbish, rubble, weeds and vegetation from where landscaping is to be installed;
• the provision of a suitable grade across all areas where landscaping is to be installed and the completion of compliant retaining walls;
• such other works the Developer reasonably requires for the lot in order to facilitate the proper installation of the landscaping.
2. Selection of the preferred garden design from the options available to the Purchaser must be made by completing and submitting the Signature Street Front Landscape application form and checklist along with the Occupancy Permit to the Design Panel.
3. On completion of preparatory works, the Purchaser must notify the Developer in writing so the Developer can make arrangements to inspect the lot to assess the state of the preparatory works.
4. If the Developer considers that the preparatory works have not been completed (acting reasonably) to the extent of meeting the requirements of this Offer or to the extent of enabling the landscaping to be satisfactorily installed, the Developer can request that further works be carried out and completed before the landscaping works commence.
5. Where the preparatory works have been completed to the reasonable satisfaction of the Developer and the Purchaser has made a written selection of its preferred garden design, the Developer will arrange for the landscaping works to be undertaken. Generally, the landscaping works will be completed within 60 days of the Developer having confirmed that the preparatory works have been completed to its satisfaction. However, the Developer reserves the right to undertake landscaping works at times that the Developer considers the garden will have a reasonable likelihood of survival.
6. The Purchaser must ensure that the Developer and/or the Developer’s contractors have access to the lot in order to carry out and complete the landscaping works. On the completion of the landscaping works, the Purchaser must allow the Developer and/or Developer’s contractors to have access to the lot in order to carry out the necessary maintenance works over the period of 12 months from the completion of the landscaping works. The Developer is not liable for any delay or failure to complete the landscaping works or maintenance works or any damage to the extent those delays or failure to commence or complete those works or damage was caused by or contributed to by the Purchaser or its tenants, occupants, invitees and guests.
7. The Developer reserves the right to modify the garden design selected by the Purchaser to suit the Lot or where there are constraints that impact the installation of the selected garden design, so long as the changes achieve the design intent of the selected garden design.
8. Where the Developer considers that the selected garden design cannot be satisfactorily installed on the lot due to site or weather conditions, the Developer will contact the Purchaser to choose alternative garden design.
9. The Purchaser acknowledges that the security barriers may be erected on the lot when the landscaping works are underway, and the Purchaser agrees that the Purchaser will not move, remove, alter, damage or deface those barriers. The Purchaser agrees to, and agrees to ensure that its tenants, occupants, invitees and guests, comply with any occupational health and safety directives issued by the Developer and/or the Developer’s contractors while the landscaping works are underway.
10. Where there is a breach of laws, contract, Woodlands at Peppercorn Hill Design Guidelines, title restrictions and/or occupational health and safety directives by the Purchaser or its tenants, occupants, invitees or guests, the Developer reserves the right to delay the commencement of landscaping works or withhold the provision of the works until such time the Purchaser has rectified the breach. Unless indicated otherwise, this offer is only available to the Purchaser named in the contract and may not be used in conjunction with any other offers made by the Developer.
In this Offer: Developer means DF (Woodstock) Pty Ltd and its successors and permitted assigns from time to time.
Landscaping works mean works to install trees, shrubs, ground cover, garden beds, edging to garden beds, paving or granitic gravel surfaces, letterbox and turf to the lot as nominated in the selected garden design (or alternative garden design, where applicable). It does not include the installation of fencing, retaining or sleeper or feature walls, screens, gates, irrigation piping tank or system, lights, and decorative elements or structure.
Maintenance works mean works to maintain the standard of landscaping installed by the Developer to the standard that existed at the time of installation and includes pruning, weeding, mulching, and shaping of the landscaping elements provided by the Developer. It does not include works involved in the maintenance of landscaping elements provided by, or the rectification of any damage caused by, the Purchaser or its tenants, invitees, occupants or guests.