Terms of service

 

These Terms of Service govern access to whitakersgardencentre.shop and purchases made through the website. By using the website or submitting an order, the user agrees to these Terms. If the user does not agree, the website should not be used. These Terms do not exclude, restrict or modify any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

Eligibility and Acceptable Use

A customer must have legal capacity to enter a binding contract or use the store with the involvement of a parent or legal guardian. The website must not be used for unlawful, fraudulent or abusive purposes, to interfere with its security or operation, to introduce malicious code, to scrape or copy content in a way that infringes rights, or to place orders using false, stolen or unauthorised information.

Product Information

We take reasonable care to describe and display products accurately. Customers should review dimensions, growing requirements, climate suitability, planting season and intended use. Images are illustrative; living plants may show reasonable natural and seasonal variation, and colours can appear different due to display settings and lighting. These qualifications do not excuse a material mismatch with the description or any failure to comply with a consumer guarantee.

Prices

Unless clearly stated otherwise, prices shown to Australian customers are in Australian dollars. Applicable taxes and the final total are presented before an order is submitted. Standard delivery is free on all orders. Prices and promotions may change prospectively without notice, but an accepted order price will not be increased except with the customer’s express agreement or where a genuine error is handled lawfully.

Orders and Contract Formation

Submitting an order is an offer to buy the selected goods. An automated acknowledgement confirms receipt but does not necessarily mean the order has been accepted. Acceptance occurs when we send an express acceptance or dispatch confirmation, take a further step that clearly indicates acceptance, or otherwise become bound under applicable law.

Before acceptance, we may reject or cancel an order for legitimate reasons, including unavailability, an inability to verify payment or delivery information, suspected fraud, shipping restrictions, an obvious pricing or description error, or breach of these Terms. We will notify the customer and refund any amount taken for a rejected or cancelled order. We will not use this clause arbitrarily or in a way that creates an unfair contract term.

Payment

The customer authorises the selected payment provider to charge the total shown at checkout. The customer must provide current, complete and accurate billing information and must be authorised to use the payment method. Payment may be subject to the provider’s terms, verification and fraud controls.

Delivery, Risk and Title

Free standard delivery is provided on all orders. The usual estimated delivery time is 15–20 days after order confirmation unless another estimate is disclosed before purchase. Delivery dates are estimates and can be affected by carrier, location, access, weather, peak periods or other circumstances. We will communicate known material delays and provide an appropriate solution if goods cannot be supplied within the agreed or a reasonable time.

Risk in goods passes when the goods are delivered to the customer or a person authorised by the customer, subject to rights under law. Title passes when full payment is received and the goods are delivered, unless applicable law provides otherwise. A customer must provide a safe, accurate and accessible delivery location. Authority-to-leave requests may affect claims for loss after documented delivery, but do not remove rights that cannot lawfully be excluded.

Growing Advice, Assembly and Safe Use

Growing and care information is general because results depend on climate, weather, soil, water, pests and the customer’s care. Customers must follow labels and all planting, application, assembly, weight-limit and safety instructions. Chemicals, fertilisers, soil amendments and tools must be used only for their intended purpose and kept away from children and animals. A customer should stop using a product and contact us if it appears unsafe, contaminated or defective. Nothing here makes a customer responsible for a product failure or removes statutory rights.

Biosecurity and Plant Restrictions

Plants, seeds, soil, growing media, timber and other plant products may be subject to Australian import, interstate, state, territory or quarantine-zone restrictions. We may decline, cancel, substitute with the customer’s agreement, or restrict delivery of an item where shipment would be unlawful or required certification or treatment is unavailable. Any amount paid for an item we cannot lawfully supply will be refunded. Customers must not redirect restricted plant goods across a border or quarantine zone contrary to law.

Returns, Refunds and Consumer Guarantees

Our Return and Refund Policy forms part of these Terms. Goods come with guarantees that cannot be excluded under the Australian Consumer Law. For a major product failure, the customer may be entitled to choose a refund or replacement and may also be entitled to compensation for reasonably foreseeable loss. For a minor failure, we may be entitled to provide a free repair within a reasonable time. Change-of-mind returns are governed by the voluntary terms in our Return and Refund Policy.

Intellectual Property

The website and its original text, graphics, layout, logos, photographs, product presentation, software and other content are owned by or licensed to the website operator and are protected by applicable intellectual-property laws. Users receive a limited, revocable, non-transferable licence to access and use the website for personal shopping. No content may be reproduced, distributed, modified, commercialised or used to create a competing service without permission, except as allowed by law.

User Content

If a user submits a review, image, comment or other content, the user confirms they have the right to do so and that it is accurate, lawful and does not infringe another person’s rights. The user grants us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and adapt that content for operating and promoting the store. We may moderate or remove unlawful, misleading, abusive or irrelevant content. We will not manipulate reviews in a false or misleading way.

Third-Party Services and Links

The store may depend on or link to third-party payment, delivery, social, analytics or other services. Their separate terms and privacy practices may apply. A link does not necessarily endorse third-party content. We remain responsible for our own obligations and do not use third-party arrangements to avoid non-excludable consumer rights.

Liability

To the maximum extent permitted by law, and subject always to non-excludable rights, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by a user’s unlawful conduct, misuse, failure to follow safety instructions or unauthorised alteration of goods. Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence where it cannot lawfully be excluded, or any liability or remedy under the Australian Consumer Law that cannot be excluded or limited.

Suspension and Termination

We may restrict access where reasonably necessary to protect the website, customers or third parties, investigate suspected unlawful activity or enforce these Terms. Provisions intended by their nature to continue, including payment obligations, intellectual property, dispute terms and lawful limitations of liability, survive termination.

Changes

We may update these Terms prospectively for legal, security or operational reasons. The version in force when an order is accepted applies to that order unless the parties lawfully agree otherwise. Continued website use after updated Terms take effect constitutes acceptance for future use, but we will not retrospectively remove accrued rights.

Governing Law and Disputes

These Terms are governed by the laws applicable in Australia and, where a state or territory must be selected, by the laws of the Australian state or territory with the closest lawful connection to the transaction. Nothing in this clause deprives a consumer of mandatory protections or access to a court or tribunal that has jurisdiction. Customers should first email info@whitakersgardencentre.shop so we can try to resolve a dispute promptly. They may also contact the consumer protection body in their state or territory or seek independent advice.

Severability and Entire Agreement

If a provision is unlawful or unenforceable, it is read down to the minimum extent necessary or severed, while the remaining provisions continue. These Terms, the order confirmation and the policies incorporated by reference form the agreement concerning the website and order, subject to representations and rights that cannot lawfully be excluded.

Contact

Email: info@whitakersgardencentre.shop