PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMER CAREFULLY
DEFINITIONS
"The Retailer" means: Egardens Pty Ltd ABN 17 665 642 053 ACN 665 642 053
"The Customer" means: The person entering into this agreement to purchase goods from The Retailer
"The Supplier": means: The wholesale nursery where the plants were grown and supplied direct to The Customer
"Terms" means: The conditions that form these Terms and Conditions
CONDITIONS
These Terms (and the provision of goods and services by us) are governed by and are to be interpreted and comply in accordance with Australian Consumer Law. These Terms form a binding agreement between The Retailer and The Customer and The Customer agrees to be bound by these Terms. These Terms should also be read in accordance with our Privacy Policy which can be viewed on our website www.egardens.com.au.
REFUNDS, RETURNS AND EXCHANGES
The Retailer is under no obligation to provide for returns or exchanges at or after delivery has occured and will do so at its own discretion and the following conditions but not limited to will apply:
The Retailer will happily provide for refunds and exchanges prior to delivery of plants with 24 hours notice.
At/After Delivery:
The Customer is required to be home at the time of delivery to accept receipt of the plants. By taking delivery of the plants the Customer accepts that they are happy with the plants.
If the Customer is unhappy with the plants at the time of delivery they must advise the delivery driver immediately and not accept the plants and they must advise the Retailer immediately of the reason of non acceptance.
Return of the plants is subject to the discretion of our Supplier.
If The Supplier agrees to accept return of the plants The Customer will be responsible to pay The Retailer for the original delivery fee and the return delivery fee which is usually equivalent to the delivery fee originally paid to deliver the plants. As well as any re-stocking return fee that some Suppliers may charge. These amounts will be deducted from the original amount paid by the Customer.
The Customer accepts that if they are not home at the time of delivery they must advise The Retailer on the same day of the delivery of their desire to return plants and the plants must be cared for in a manner as advised by The Retailer pending approval by the Supplier to return the plants. The Customer is responsible for the return delivery fee and any subsequent delivery fees associated with the order.
Refunds will not be given for 'change of mind' after delivery has occurred unless at The Customer's expense and at the discretion of The Supplier.
Refunds will be issued in the form in which you paid us i.e. Paypal or Direct Deposit.
DELIVERY
We require you The Customer to be home to accept the delivery of your plants. Delivery is kerb side drop off ONLY. The delivery driver does not walk plants further onto your property or to your planting position and does not hold insurance to do so.
The Customer is required to help the delivery driver unload the plants especially if plants ordered are a large quantity or sizes 400mm/45L and bigger. For 400mm/45L, 500mm/75L & 100L the delivery driver will require one person to help carry the plants. For 200L bags it is highly recommended that you have skid steer machinery onsite to assist the delivery driver or failing that, at least three people to help unload the plants. For 400L bags and above skid steer machinery will be required at the time of delivery.
In most cases you will be required to sign a Delivery Slip at the time of delivery as acceptance and acknowledgement that you are satisfied with the plants. If you were not required to sign a Delivery Slip by the delivery driver then you acknowledge that by accepting the plants from the delivery driver is also acknowledgment of acceptance of the plants and that you are happy with the plants.
If you are not home at the time of delivery or cannot arrange for someone else to be there, the delivery driver will leave the plants in the safest possible place at the front of your house, however The Retailer holds no responsibility for any damaged or loss or theft after delivery has occured.
CARE OF PLANTS AFTER DELIVERY
The Customer acknowledges that it is responsible for the care, maintenance and treatment of plants once delivery of plants has occurred. The Retailer holds no responsibility or liability for plants after delivery of plants has occurred to The Customer. This includes but is not limited to the following: damage to plants, plants contacting diseases or plants dying.
PAYMENT TERMS
The Customer is required to pay for plants prior to the delivery of plants. Plants will not be booked in for delivery until payment has been received by The Supplier.
Direct Deposit:
The Retailer uses Direct Deposit into its ANZ Bank Account as it's primary method for payments.
If you order online using the shopping cart to checkout, our website no longer accepts payment at checkout but instead an email is sent to The Retailer with your order to check availability. If your plants are available The Retailer will send you a Tax Invoice via email for payment. If you order by phone or email the same will occur.
PayPal
If The Customer wishes to pay via Paypal, the Customer will be charged a fee of 2.9% which represents the transaction fee The Retailer is charged by Paypal and must pass onto the Customer.
If The Customer wishes to proceed to payment via Paypal, The Retailer will send a link via email to pay via Paypal.
Credit Cards (Via Paypal)
The Retailer will not process your credit card, nor take any credit card information. All credit card payments are processed by PayPal. PayPal offers total privacy and security for your personal and credit card details. The Supplier accepts the following credit cards via Paypal;
VISA
MASTERCARD
PRICE
All prices are quoted in Australian Dollars. The Retailer reserves the right to increase its prices and these will be indicated and can be viewed on The Retailer's website www.egardens.com.au.
MODIFICATION OF TERMS
The Customer accepts that The Retailer has the right to change or alter these Terms at any time and that any such changes are effective immediately and will be binding on The Customer.