Terms and Conditions of Entry In Shop and Use of Website and Sale

Welcome to Shady Gum Garden Centre!

Shady Gum Garden Centre is an Australian owned and family operated business that offers a wide range of garden related products and services in store and online!

Here you’ll find our terms and conditions that apply to you when using the website or shop in store. We hope you enjoy shopping and the overall experience!

1.  User Agreement

  • By visiting our store (Location – 12 Walters Street, Craigieburn 3064, referred to in this agreement as “shop”), using the shadygum.com.au website (including mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and A & A Corporates Pty Ltd Trading as “Shady Gum Garden Centre” (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website and or visiting the shop, you agree to be bound by the changes.

2.  Registration and User Requirements

  • You must be a registered member to access some features offered by Shady Gum Garden Centre, available in store or online. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
  • By registering with us, you grant your inferred consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time.
  • To register an account in store or online, you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us. 

3.  Access and use of the Website

  • You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
  • You must not (or attempt to):
    • interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
    • use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
    • interfere (or attempt to interfere) with security-related or other features of our site; or
    • use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
  • We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorized activity on your account if you fail to keep your account login information secure.
  • You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
  • We do not warrant that the Website will always be available  and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

4.  Entry and Access to the Shop

  • CCTV cameras operate on site 24/ 7, by entering the Shop premise you authorize us to record your movement and activities on the premise, for the purpose of security reference
  • You must be respectful of all other customers, our Employees and contractors, our partners, service providers and other members of community at all times
  • Consumption of Tobacco and Alcohol is strictly prohibited on shop premise both indoors and outdoors, if found in breach, our employees reserve the right to ask to you leave the premise and in the event of non-compliance to such requests can contact law enforcements
  • Loading and unloading of the products to your shopping cart / trolley is self service only, our employees on the premise can extend a courtesy to help at their own discretion

5.  Information available in Shop / on Website / On Social Media pages

  • Information about products in shop or on the Website is based on material provided by third parties – suppliers, plant growers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
  • You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services
  • Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, plants, pots ) may differ to an extent in visual appearance (for example plants color, shape and foliage can change due to climate change) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes and may not be an exact representation of the product or service received. 

6.  Disclaimer and Liability

  • To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Shop and Website including, but not limited to, loss or damage you might suffer as a result of:
    • Errors, mistakes or inaccuracies on the shop, Website or our social media pages;
    • You acting or not acting, on any information contained on or referred to in shop, on the Website and/or any linked Website or our social media pages;
    • Personal injury or property damage of any nature resulting from your access to or use of the Website or shop;
    • Any unauthorized access to or use of our secure servers and/or personal information stored on those servers;
    • Any interruption or cessation of transmission to or from the Website;
    • Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
    • The quality of any product or service
  • We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a supplier / manufacturer available through the store or the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party Sellers of goods and services.
  • Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
  • Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Shop / Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

7.  Indemnity

  • You will at all times indemnify, and keep indemnified, us and our directors, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

8.  Placing Orders

  • You are responsible for any discrepancies or errors in your order caused by you.
  • The promotion of goods or services on the Website or the Shop does not constitute an offer to sell. It is an invitation to treat only.
  • Orders placed by you are offers to purchase either:
    • a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third-party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
    • goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges)
  • Goods sold by Shady Gum Garden Centre in store or online are not reserved and an order is only finalized when you have completed the checkout process and received an order confirmation from us, and payment is received in full.
  • Layby Orders are offered at discretion in store only, require 25% deposit and payment in full within 21 days from initial payment. We reserve rights to cancel the order after 21 days due to non-payment and revert any payments made towards a non-refundable store credit
  • When an order is placed for a third-party goods / services, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges.
  • We may use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
  • Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
  • You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. 
  • If we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
  • We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

9.  Guest Checkout

  • You can make purchases on our Website without creating an account by using our Guest Checkout.
  • When you use Guest Checkout on website, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.
  • You can make purchases in our Shop without creating an account.
  • When you use Guest Checkout in shop, we will not collect any personal information from you

10. Price, Payment and Use of Discount/Coupon Codes

  • The prices of goods, delivery and other charges shown are in Australian dollars
  • All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order
  • A discount code is only valid for a single transaction and may not be used in conjunction with any other discounts.

11. Store Credits

  • If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
  • To the extent permitted by law, Shady Gum Garden Centre reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the shadygum.com.au Website.
  • Store credits expire after 12 months from the date of issue
  • Store credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website or in store; store credits do not count towards the minimum spend totals.

12. Loyalty / Rewards Program

  • Loyalty / Rewards program is offered solely as courtesy and does not constitute any offer or part of offer to sell, and can be withdrawn by us anytime without any prior notice and or communication
  • You must have an account registered with us either in store or online to opt into Loyalty program
  • You can opt out of loyalty program any time by contacting us in Shop during business hours
  • Trade customers, employees and contractors (Receiving trade prices) are not eligible for Loyalty program
  • Redemption of Loyalty / Rewards program points are currently not available for items ordered via web site
  • Redemption of Loyalty / Rewards program is available for purchases made in store only
    • Loyalty / rewards Program is currently suspended on a temporary basis
    • All registered customers will continue to hold their current loyalty rewards balance in their accounts and will be able to redeem it when program resumes 

13. Pickup, Shipping and Delivery

  • Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
  • We will use our best endeavors to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard post).
  • Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
  • Express shipping is currently not available
  • For delivery orders, some orders may not require signature and will be left in a safe place at your delivery address in accordance with Australia Post’s standard practices.
  • A signature may be required for some deliveries. You are responsible for ensuring you can accept delivery. We shall not be responsible:
    • for late delivery where attempted delivery has occurred on or before the stated delivery timeframes;
    • for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether you have personally accepted delivery);
    • for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.
  • If you opt to PICKUP your order from our shop:
    • Your order will ready for collection when we notify you
    • On your arrival to pick up, please allow us to securely arrange pick up in a contactless method
    • You must produce evidence of purchase i.e. Invoice receipt, receipt number and your photo ID
    • You must collect your order within 5 days of being notified it is ready for collection
    • If you do not collect your order within this time frame, your order will be considered abandoned and will be returned to our warehouse. You will be refunded a store credit for the amount of the order, less admin and handling fees of $20 or 10% order value (whichever is greater)
  • We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

14. Plants – Sourcing, Care & Display on Website including Social Media

  • Shady Gum Garden Centre is not a grower for the plants being sold in Shop or on the website
  • We source our plants from reputed Wholesale Plant Growers within Victoria and South Australia only, to make sure they adopt the climate conditions in state of Victoria.
  • However, at times, certain plants tend to have higher sensitivity to climate and temperature changes than others and require special care. We recommend that you read the labels and instructions on plant pots for care purpose and align it with your own research
  • Plant Display On Social Media & Website
    • Due to changes in humidity, temperature, wind, sunlight and overall weather changes, plants may to an extent differ in appearance from their appearance in images and photographs on the Website
    • In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes and may not be an exact representation of the product or service received

15. Packaging and Labelling

  • We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website
  • We recommend that you read the labels and instructions on pots, décor and furniture for assembly purpose
  • Some goods are imported or originate from outside of Australia, their packaging, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.

16. Change of Mind Returns

  • Shady Gum Garden Centre will not accept change of mind returns

17. Problems with your goods (non – plant products) – contacting us

  • If you have a problem with your goods, please contact us in shop during business hours or contact us via website. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods. We hold no liability towards any transport or shipping charges to arrange a return to the point we have assessed your claim and established an outcome
  • If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
  • Once an item is returned, we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
  • If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
  • Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.
  • We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

18. Defective Goods (Non- Plant Products)

  • Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Shady Gum Garden Centre and rights you may have in relation to those warranties are separate to any warranty rights given to you by Shady Gum Garden Centre. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty

19. Plant Related Issues & Claims

  • For all plants purchased from Shady Gum Garden Centre, you must take reasonable steps for care for the plant as articulated in section 14 – Plants – Sourcing, Care & Display on Website including Social Media
  • We hold no liability towards impacts of any bird, animal, insect, pest or decease or weather conditions your plants may become subject to after dispatching the plants from our shop.
  • If you have a problem with your plants, please contact us in shop during business hours and discuss it with our customer service advisors first. Our team will investigate your issues and advise you whether
  • You need to adjust on how you care for your plants
  • You need to bring your plant / or part of your plants in shop for an inspection in the event of pest or decease related matter and receive further advise
  • You need to send us more information online, via email such as pictures and how you care for the plants since the purchase
  • Shady Gum Garden Centre will not accept any plant related claims where we have established the plant has been subject to exposure to either animal, bird, insects, fungal or other decease, undue weather conditions (Example – indoor plants left outside in full sun), or in general any negligence of care for the plant
  • If we establish issue with your plant is related to poor quality, we may offer you full refund or issue store credit. Refund will be processed by means of Electronic Fund Transfer and will require you to provide us with your name and bank details in writing via email.

20. Social Media and Content

  • You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from our website, our Facebook page, Instagram feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated
  • You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
  • As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
    • you do not have the right to post;
    • is defamatory or in contempt of any legal or other proceedings;
    • is misleading or deceptive;
    • is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
    • denounces religious or political beliefs;
    • contains religious or political material;
    • is indecent, obscene, vulgar, pornographic or offensive;
    • infringes any copyright, trademark, patent or other intellectual property right of another person;
    • contains any unsolicited or unauthorized advertising or promotional material;
    • contains or links to viruses, malware, spyware or similar software; or
    • impersonates any person or misrepresents your relationship with any person.
  • We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
  • You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display

21. Intellectual Property

  • All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website or in Shop is either owned, controlled, or licensed to Shady Gum Garden Centre or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
  • Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
  • You may not:
  • modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
  • decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
  • IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our Website AND developing your ideas AND suggestions FOR improved goods OR services we provide.

22. Transfer and Assignment

  • You agree and acknowledge that, if we merge, sell or otherwise change control of our company, our business or the Website to a third-party.
  • We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
  • We shall be entitled to assign the benefit of any agreements we have with you to the third party

23. General

  • We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
  • This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
  • If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  • If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

24. Privacy and Personal information

  • If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

Last updated: August 2020