By viewing this website, purchasing items, booking a tour appointment or requesting advice, you agree to the following terms and conditions.

​

1. Pickup of Items & Access to Our Nursery

Ballarat Advanced Tree Nursery operates on a working farm which is also our family residence. For the safety of all visitors and our family:

• All visits are strictly by appointment only.

• Please drive slowly at all times as children and animals are present.

• Our property contains hazards including machinery, vehicles, dams and equipment. Visitors enter at their own risk.

• Children and pets must remain supervised at all times by an adult. It is not the responsibility of our staff to supervise your kids.

• When collecting items, it is the buyer’s responsibility to provide suitable transport, trailers and tie-downs to safely secure the load.
  VicRoads load-restraint guidelines: https://www.vicroads.vic.gov.au/safety-and-road-rules/vehicle-safety/securing-your-load

• ​

2. Sales, Warranty, Refunds & Change of Mind

We supply living plants and trees which, at the time of sale, are presented in healthy condition to the best of our ability.

The Australian Consumer Law (ACL) provides consumer guarantees that cannot be excluded. These include that our products must be of acceptable quality, match descriptions and be fit for disclosed purposes.

After plants leave our nursery, their long-term performance depends on factors outside our control, including soil type, drainage, frost, wind, exposure, watering, planting technique and ongoing care.

What We Do Not Provide

• We do not provide any additional warranty beyond the mandatory ACL consumer guarantees.

• We do not offer refunds, exchanges or “change of mind” returns once items leave the nursery for reasons relating to preference, suitability of your site, or conditions outside our control.

If a Consumer Guarantee Is Not Met

If a tree fails to meet a consumer guarantee (for example, it was not healthy or not as described at the time of sale), you may be entitled to a remedy under the ACL. Each case is assessed individually in accordance with the law.

Please Choose Carefully

If you are unsure about species suitability, location, soil or environmental factors, please discuss this with us prior to ordering.

​

3. Buyer’s Responsibility

Before purchasing any tree or plant, it is the buyer’s responsibility to ensure the species selected is suitable for their intended purpose, garden layout and site conditions. This includes researching mature size, growth habit, frost tolerance, soil preferences and climatic suitability.

More broadly, buyers have a duty of care to ensure trees are planted in appropriate locations. If unsure about soil type, drainage, microclimate, exposure or frost behaviour, the most reliable method is to engage an independent professional to visit the property and assess the site.

Any advice our team provides—whether during nursery tours, garden consultation appointments or remotely via photos and descriptions—is general in nature and based solely on the information provided to us. Many important factors such as below-ground soil structure, drainage and microclimate cannot be assessed without on-site investigation and are outside the scope of what we provide as a production nursery.

​

4. Errors & Omissions on Our Website

Occasionally there may be errors or inaccuracies relating to descriptions, pricing, promotions, shipping, availability or other details. We reserve the right to correct or update information, and to cancel or amend orders where necessary, without prior notice (including after orders are submitted).

5. Limitation of Liability

To the maximum extent permitted by law:

• Ballarat Advanced Tree Nursery is not liable for loss, damage or injury arising from
  failure to select suitable trees or plants for the your space

•  improper planting, positioning or care,

• unsuitable site conditions,

• natural weather events, pests or diseases,

• failure to follow our advice or instructions, misuse, unsafe transport or handling by the buyer.

• We are not responsible for any indirect, consequential or financial loss (including replacement landscaping costs, labour, or loss of expected growth or performance).

• Nothing in this clause limits your rights under the Australian Consumer Law.

​

6. Indemnity

By entering our property, purchasing products or seeking advice, you agree to indemnify Ballarat Advanced Tree Nursery from claims, damage, liability or costs arising from:

• your actions, negligence or misuse of products

• failure to correctly transport, plant or care for plants

• injuries or damages occurring during your visit

• damage caused by children, pets or vehicles under your control

This indemnity applies except to the extent caused by our negligence or a breach of the ACL.

​

7. Delivery Conditions (If Applicable)

If delivery is selected:

• Risk and responsibility transfer to the buyer upon delivery to the nominated location.

• It is the buyer’s responsibility to provide accurate delivery instructions and ensure safe access.

• We are not liable for damage caused by access limitations, hazards, or absence of the buyer at the delivery time.

​

8. Website Use & Intellectual Property

All content on this website—including text, images, logos and pricing—is the property of Ballarat Advanced Tree Nursery and may not be reproduced without permission.

 

9. Privacy

We collect your name, contact details and order information solely for the purpose of processing orders, bookings and communication. Information is stored securely and not shared with third parties except as required by law.

​

Any questions about our terms and conditioning should be sent to us at ballaratadvancedtreenursery@gmail.com