Policies and Terms and Conditions

Policies, Terms and Conditions

By accessing this website, placing an order, purchasing a Grower’s Direct Marketplace item, making a booking, collecting stock, accepting delivery, entering our property or requesting advice from Ballarat Advanced Tree Nursery, you agree to these Policies, Terms and Conditions.

1. General

Ballarat Advanced Tree Nursery is a working farm nursery and family residence. All products, services, bookings, advice, website content and transactions are subject to these terms.

These terms apply to products stocked by Ballarat Advanced Tree Nursery as well as products offered through our Grower’s Direct Marketplace, except where a Marketplace-specific condition is expressly stated.

We may update these terms from time to time by publishing a revised version on our website. The version in effect at the time an order or booking is placed will apply to that transaction.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law that cannot lawfully be excluded.

2. Nursery Visits, Access and Safety

Ballarat Advanced Tree Nursery operates on a working farm which is also our family residence.

Visits are by appointment unless otherwise stated by us.

When entering or moving around the property, visitors must drive slowly and take reasonable care at all times. Children, animals, machinery, vehicles, dams, equipment, uneven ground and other farm-related hazards may be present.

As a working farm nursery, we may use herbicides, pesticides, fungicides, slug and snail bait, fertilisers and other agricultural or horticultural products as part of normal nursery operations.

Children and pets must be supervised by a responsible adult at all times. Our staff are not responsible for supervising children or pets.

Dogs must remain under close control, either in the vehicle or on a short lead. They must remain on customer access areas and must not be permitted to lick or eat plant material, pellets, bait or other substances from the ground.

Visitors must follow reasonable directions provided by our staff while on the property.

All visitors enter and use the property at their own risk except to the extent liability cannot lawfully be excluded.

3. Product Listings and Listing Accuracy

We make reasonable efforts to ensure information displayed on our website is accurate and useful.

Plant information, including mature size, growth rate, growth habit, flowering, foliage, frost tolerance, climate suitability, preferred growing conditions and other characteristics, is provided as a general horticultural guide.

Information may be compiled from our own horticultural knowledge and experience, growers, plant breeders, suppliers, horticultural references and other sources. The preparation, organisation or presentation of information may also be assisted by artificial intelligence (AI).

Growing conditions can significantly affect plant performance and characteristics.

Factors including climate, soil, drainage, irrigation, nutrition, exposure, pruning, competition, frost, heat, wind and local microclimate may result in a plant growing or appearing differently from general descriptions.

If a particular characteristic is important to your purchasing decision, please contact us before ordering so we can provide further information or, where practical, confirm details about the available stock.

Nothing in this section affects rights available where goods are materially different from their description or otherwise fail to meet an applicable consumer guarantee.

4. Plant Photographs, Sizes and Natural Variation

Plants and trees are living products and natural variation between individual specimens should be expected.

Photographs on our website may show:

• the actual plant or batch available;

• a representative plant of the same variety;

• previous stock of the variety;

• an image supplied by a grower, breeder or supplier; or

• the plant at a different stage of growth or time of year.

Unless specifically stated otherwise, photographs should be treated as a general representation and may not show the exact individual plant supplied.

Plants may naturally vary in:

• height and width;

• trunk thickness;

• branching structure;

• overall shape;

• foliage colour and density;

• flowering and fruiting;

• seasonal appearance; and

• stage of growth.

Plant heights and measurements are approximate unless expressly confirmed in relation to a particular plant.

If height, width, shape, branching, trunk size, foliage density, flowering or another physical feature is particularly important to you, please contact us before ordering and request current photographs or measurements where available.

Reasonable natural variation between living plants does not by itself constitute a fault.

5. Orders and Stock Availability

All orders are subject to stock availability and acceptance by Ballarat Advanced Tree Nursery.

Live plant inventory can change quickly due to sales, plant health, weather, damage, stock movement, grower availability and other circumstances.

We reserve the right to refuse, cancel or amend an order where reasonably necessary, including where:

• stock is unavailable;

• stock has been damaged or is no longer suitable for sale;

• there is an obvious error in pricing, freight, description or availability;

• a grower or supplier cannot fulfil a Marketplace order;

• supply would breach a quarantine or biosecurity requirement; or

• circumstances outside our reasonable control prevent supply.

If an item cannot be supplied after payment has been received, we may offer an appropriate alternative for your consideration.

We will not substitute a materially different item without your agreement.

If you do not wish to accept an alternative, or a suitable alternative is unavailable, we will refund the amount paid for the unavailable item.

6. Grower’s Direct Marketplace

What is the Grower’s Direct Marketplace?

Our Grower’s Direct Marketplace gives customers access to an extended range of plants sourced from selected wholesale growers and suppliers.

Marketplace products are order-in products and are generally not physically held at Ballarat Advanced Tree Nursery when you place your order.

Once an order is placed, we arrange for the selected products to be allocated, prepared and transported from the relevant grower to Ballarat Advanced Tree Nursery.

Ballarat Advanced Tree Nursery remains the business from which you are purchasing the products and your transaction remains with us.

Marketplace Stock Availability

Marketplace stock levels are based on the most recent availability information provided or made available to us by the relevant grower.

Growers' stock changes regularly and displayed quantities cannot be guaranteed until an order has been processed and the stock secured.

An item may therefore become unavailable between the time it is viewed online and the time the grower processes our order.

If an ordered Marketplace item becomes unavailable, we will contact you and may:

• offer an appropriate alternative for your consideration; or

• refund the unavailable item in full.

We will not substitute a materially different plant without your agreement.

Marketplace Order Timeframes

Marketplace plants need to be transported from the supplying grower to Ballarat Advanced Tree Nursery.

Please generally allow approximately 1–2 weeks for Marketplace stock to arrive unless a different timeframe is stated.

This timeframe is an estimate only.

Grower dispatch schedules, freight availability, weather, stock condition, seasonal factors, biosecurity requirements and other circumstances outside our reasonable control may affect arrival times.

We will contact you when your Marketplace order is ready for collection or when delivery can be arranged.

Marketplace Cancellations, Changes and Change of Mind

Please choose Marketplace items carefully before ordering.

Marketplace items are specifically procured from external growers or suppliers to fulfil your order. Procurement, stock allocation, administration and freight arrangements may begin shortly after your order is placed.

For this reason, once a Grower’s Direct Marketplace order has been placed, it cannot be cancelled, changed, reduced, exchanged or refunded because you have changed your mind.

This includes where you:

• order the incorrect plant or quantity;

• change your landscaping plans;

• decide you no longer require the plant;

• find the plant cheaper elsewhere;

• find another plant you prefer;

• later decide the plant is unsuitable for your intended location where that suitability was not expressly confirmed by us before purchase; or

• do not like reasonable natural variation in the appearance of the plant supplied.

Please carefully check the plant variety, quantity, pot size, mature size, growth habit and suitability for your intended location before ordering.

If you are unsure whether a plant is suitable, please contact us before placing your order.

If a particular feature is important to you, including height, width, branching, trunk size, foliage density, shape, flower colour or overall appearance, please contact us before ordering.

Where available, we can request photographs, measurements or further information from the grower.

This no-change-of-mind policy does not exclude, restrict or modify rights or remedies available under Australian Consumer Law.

Marketplace Plant Appearance

Marketplace photographs may be supplied by growers, breeders or suppliers and may show a representative example rather than the exact individual plant supplied.

Marketplace stock may naturally vary in:

• height;

• width;

• branching;

• trunk development;

• foliage colour;

• foliage density;

• flowering;

• seasonal appearance; and

• overall form.

Plants may also change naturally during transport and throughout the seasons.

If the exact appearance or dimensions of a plant are important to you, please contact us before placing your order.

Marketplace Freight

Marketplace items may attract a freight charge for transporting stock from the supplying grower to Ballarat Advanced Tree Nursery.

Where applicable, this freight charge will be displayed or calculated as part of the Marketplace ordering process.

This grower-to-nursery freight charge is separate from any customer delivery charge that may apply if you require delivery from Ballarat Advanced Tree Nursery to your property.

Marketplace Collection, Delivery and 14-Day Holding Period

Once your Marketplace order arrives and is ready, we will contact you to advise that it is available for collection or delivery arrangements.

Marketplace orders must be collected, or delivery arrangements confirmed with us, within 14 days of the date we notify you that the order is ready.

Ballarat Advanced Tree Nursery has limited space available for holding customer orders and cannot provide long-term storage or ongoing maintenance of Marketplace stock.

Plants are living products and may continue to grow, flower, lose foliage, change seasonally or otherwise change in appearance while being held.

Where a Marketplace order remains at our nursery for more than 14 days after notification without collection or confirmed delivery arrangements, we cannot guarantee that the plants will remain in the same condition, size or appearance as when they arrived or when you were first notified that they were ready.

To the maximum extent permitted by law, Ballarat Advanced Tree Nursery is not responsible for deterioration, overgrowth, seasonal change, cosmetic damage, decline or other changes to Marketplace stock that occur because the customer has failed to collect the order or arrange delivery within the 14-day holding period.

This includes deterioration or damage resulting from the stock being held beyond the reasonable collection period where space limitations, continued handling or the extended time in containers contribute to the change.

Customers should not place a Marketplace order unless they will be able to collect the stock or arrange delivery shortly after it becomes available.

If you know you will not be available to receive or collect an order, please contact us before placing the Marketplace order.

Nothing in this section excludes or limits any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.

The expiry of the 14-day holding period does not automatically transfer ownership of the goods back to Ballarat Advanced Tree Nursery or give us an automatic right to dispose of the goods. Any genuinely uncollected goods will be dealt with in accordance with applicable Victorian law.

7. Pricing and Payment

All prices are displayed in Australian dollars unless otherwise stated.

We may change prices at any time before an order is placed.

Payment must be made in full before stock is collected or delivered unless otherwise agreed in writing.

Marketplace products must be paid for at the time the order is placed unless another payment arrangement is expressly offered.

Where we voluntarily agree to cancel or refund an ordinary nursery order because of change of mind, genuinely non-refundable third-party payment processing costs incurred by us may be taken into account where disclosed and permitted by law.

No payment-processing deduction will apply where doing so would reduce a refund or remedy that the customer is legally entitled to receive.

8. Cancellation and Changes – Ordinary Nursery Orders

This section applies to ordinary Ballarat Advanced Tree Nursery stock and does not apply to Grower’s Direct Marketplace items.

Where a customer asks to cancel, reduce or change a paid ordinary nursery order because of change of mind, a 20% re-stocking and administration fee may apply to the affected items.

This assists with costs associated with processing and reversing the order and holding live nursery stock, including:

• removing stock from sale;

• tagging and allocating stock;

• moving and handling stock;

• watering;

• pruning;

• spraying and plant health care;

• administration; and

• returning stock to sale.

This fee applies to voluntary change-of-mind cancellations or changes only.

It does not reduce or replace a remedy required under Australian Consumer Law.

Grower’s Direct Marketplace orders are excluded from this section and are instead subject to the Marketplace conditions in Section 6.

9. Holding and Uncollected Ordinary Nursery Orders

Ordinary nursery stock and Marketplace stock have different holding conditions.

For ordinary nursery orders, customers should arrange collection within the agreed timeframe.

Unless another arrangement has been made with us, ordinary nursery orders left uncollected for extended periods may be subject to our cancellation and re-stocking conditions.

Plants are living products and holding sold stock requires ongoing nursery space, watering, pruning, movement and plant health care.

If you need us to hold ordinary nursery stock for an extended period, please discuss this with us before ordering.

Grower’s Direct Marketplace orders are subject to the specific 14-day holding requirement in Section 6.

Any uncollected goods will be handled in accordance with applicable Victorian law.

10. Pickup of Orders

Customers collecting stock should inspect their order before leaving the nursery where reasonably practical.

Please confirm that you have received the correct:

• plant variety;

• quantity;

• pot size; and

• items ordered.

Customers should also inspect the general condition of the plants before collection.

If you have concerns about an item, please raise them with our staff before leaving so the matter can be assessed.

Marketplace items cannot be rejected simply because of change of mind or reasonable natural variation, subject always to rights under Australian Consumer Law.

Customers must provide a vehicle, trailer and load-restraint equipment suitable for the size and weight of the products being collected.

We may refuse to load goods where we reasonably believe the proposed vehicle, trailer or restraint method is unsafe.

Once collected, customers are responsible for appropriately transporting, securing and protecting stock from wind, heat and other transport conditions.

We are not responsible for damage caused after collection by unsuitable transport, inadequate restraint or failure to appropriately protect the plants, except where liability cannot lawfully be excluded.

11. Delivery Conditions

Customers must ensure their delivery details and instructions are accurate before dispatch.

It is the customer's responsibility to ensure safe and practical access to the nominated delivery location.

Please advise us beforehand of any circumstances that may affect delivery, including:

• narrow entrances;

• steep driveways;

• soft or boggy ground;

• low branches;

• overhead wires;

• restricted turning areas;

• locked gates;

• animals; or

• other hazards.

Additional delivery charges may apply where a delivery cannot reasonably be completed because information provided by the customer was incorrect or important access restrictions were not disclosed.

Delivery timeframes are estimates unless a specific timeframe has been expressly agreed.

Delivery can be affected by weather, traffic, staffing, vehicle issues, freight schedules and other operational circumstances.

If stock arrives damaged, please contact us as soon as reasonably possible and provide photographs so the issue can be assessed.

12. Buyer Responsibility and Plant Selection

Before purchasing a plant, customers should consider whether the species or variety is appropriate for their intended location and purpose.

Relevant considerations may include:

• mature height and width;

• growth habit;

• root behaviour;

• frost tolerance;

• heat tolerance;

• wind exposure;

• sun and shade;

• soil type;

• soil pH;

• drainage;

• irrigation;

• rainfall;

• local climate;

• microclimate;

• proximity to buildings or infrastructure; and

• ongoing maintenance requirements.

General horticultural information cannot account for every individual property or growing environment.

If a particular characteristic or purpose is important, please tell us before purchasing so that we can provide appropriate general guidance.

For detailed assessment of soil, drainage, structures, underground conditions or a particular landscape site, customers should consider engaging an appropriately qualified professional to inspect the property.

13. Advice Disclaimer

Advice provided by Ballarat Advanced Tree Nursery, whether:

• during nursery tours or consultations;

• in person;

• by telephone;

• by email;

• through social media or messaging;

• based on photographs;

• through website content; or

• based on customer descriptions,

is general horticultural guidance based on the information reasonably available to us.

Important factors such as below-ground soil structure, drainage, soil chemistry, compaction, underground infrastructure, irrigation performance and individual microclimates cannot necessarily be assessed remotely or during a nursery consultation.

Customers remain responsible for their final selection, plant placement, planting method, transport and ongoing care, except where applicable law provides otherwise.

14. Plant Quality and Australian Consumer Law

We aim to supply plants in good, healthy and saleable condition when they leave our care.

To the best of our knowledge, stock supplied will correspond with the product, variety and description under which it was sold.

Our products come with consumer guarantees under Australian Consumer Law that cannot be excluded.

Depending on the circumstances, these guarantees may include requirements that goods are:

• of acceptable quality;

• consistent with their description; and

• fit for a disclosed purpose where applicable.

Where Australian Consumer Law requires a remedy, we will provide the remedy required by law.

These rights apply to both ordinary nursery products and Grower’s Direct Marketplace products.

Customers purchasing Marketplace items from us should contact Ballarat Advanced Tree Nursery regarding concerns with their purchase.

15. Living Plants and Future Performance

Plants are living products.

Their future health, appearance, establishment, growth and survival depend on many factors after they leave our care.

These can include:

• transport;

• planting technique;

• planting depth;

• root disturbance;

• soil;

• drainage;

• irrigation;

• overwatering;

• underwatering;

• fertilising;

• frost;

• heat;

• wind;

• hail;

• pests;

• disease;

• animal damage;

• herbicide or chemical exposure; and

• ongoing maintenance.

Other than rights and guarantees that cannot lawfully be excluded, we do not provide an additional guarantee that plants will survive, establish or achieve a particular future size or growth rate once they have left our care.

16. Returns – Ordinary Nursery Stock

Please choose carefully.

We do not generally accept returns of plants, trees or nursery stock after they have left our care where the return is requested because of:

• change of mind;

• incorrect selection by the customer;

• changed landscaping plans;

• finding a cheaper product elsewhere;

• deciding the plant is no longer required; or

• another reason unrelated to a failure to meet an applicable consumer guarantee.

This applies to collected and delivered stock.

Problems caused after supply by incorrect transport, planting, soil conditions, drainage, watering, weather, frost, heat, wind, pests, disease, neglect or inappropriate care are not generally grounds for a return where the product complied with applicable consumer guarantees when supplied.

Where Australian Consumer Law gives the customer a right to a remedy, this Returns Policy does not limit that right.

17. Returns and Claims – Grower’s Direct Marketplace

Grower’s Direct Marketplace items cannot be returned, exchanged or refunded simply because you have changed your mind.

This includes incorrect selection by the customer, changed landscaping plans, no longer requiring the item, finding another product, finding the product cheaper elsewhere or reasonable natural variation in living plant material.

If you believe a Marketplace product:

• is not the variety or product ordered;

• is materially different from its description;

• was damaged before or during delivery while under our responsibility;

• had a significant quality issue when supplied; or

• otherwise fails to meet an applicable consumer guarantee,

please contact Ballarat Advanced Tree Nursery as soon as reasonably possible.

We may request photographs, further information or an opportunity to inspect the product so we can assess the issue.

Where Australian Consumer Law requires a remedy, we will provide the remedy required by law.

18. Website Errors and Omissions

Although we make reasonable efforts to maintain accurate information, errors or omissions may occasionally occur relating to:

• prices;

• stock quantities;

• descriptions;

• plant sizes;

• photographs;

• promotions;

• freight;

• availability; or

• other website information.

We may correct or update website information when errors are identified.

Where an obvious or material error affects an order already submitted, we may contact the customer and cancel the affected item and provide a refund rather than fulfil an order based on an obvious error.

Nothing in this section limits rights available under Australian Consumer Law.

19. Biosecurity and Interstate Supply

Plant movements may be subject to Victorian, interstate or Commonwealth biosecurity and quarantine requirements.

We may refuse, delay, amend or cancel supply where reasonably necessary to comply with applicable plant-health, quarantine or biosecurity requirements.

Some species may not legally be supplied to particular states, territories or regions.

If we cannot legally supply an ordered item to the nominated destination, we will contact the customer and provide an appropriate refund for the affected item.

Customers must not remove or alter any certification, treatment, identification, labelling or documentation required for biosecurity purposes.

20. Limitation of Liability

To the maximum extent permitted by law, Ballarat Advanced Tree Nursery is not responsible for loss or damage caused by circumstances outside our reasonable control, including:

• incorrect plant selection by the customer;

• improper planting;

• unsuitable positioning;

• unsuitable site conditions;

• inadequate drainage;

• incorrect irrigation;

• incorrect transport or restraint;

• failure to provide suitable ongoing care;

• weather events;

• frost;

• heat;

• wind;

• pests;

• diseases introduced after supply;

• animal damage; or

• misuse of products.

To the maximum extent permitted by law, we are not responsible for indirect or consequential losses arising from circumstances outside our reasonable control, including landscaping labour, removal costs or loss of anticipated growth or plant performance.

Nothing in this section excludes or limits liability or consumer rights that cannot lawfully be excluded.

21. Customer Conduct and Responsibility for Damage

Customers and visitors are responsible for children, pets, vehicles and trailers under their control while on our property.

Customers may be responsible for damage caused to our property, plants, equipment or other persons through their negligence, misuse or failure to follow reasonable safety instructions.

Nothing in this section makes a customer responsible for loss or damage caused by Ballarat Advanced Tree Nursery where that responsibility cannot lawfully be transferred or excluded.

22. Website Use and Intellectual Property

Unless otherwise stated, content created by Ballarat Advanced Tree Nursery, including text, branding, graphics, logos, original photographs, product descriptions and website design, is owned by Ballarat Advanced Tree Nursery or used with permission.

It may not be copied, reproduced, republished or commercially used without permission except where permitted by law.

Some photographs, trademarks, breeder information and plant material displayed on our website may belong to third-party growers, breeders, suppliers or licensors and remain the property of their respective owners.

23. Privacy

We may collect personal information including your:

• name;

• telephone number;

• email address;

• billing information;

• delivery address;

• order information;

• booking information; and

• communications with us.

We use this information where reasonably necessary to:

• process and fulfil orders;

• arrange collections and deliveries;

• manage bookings;

• communicate with customers;

• provide customer service;

• maintain business records;

• meet legal or regulatory obligations; and

• provide marketing communications where consented to or otherwise permitted by law.

Information may be shared with service providers where reasonably necessary to process payments, operate our website, fulfil orders, arrange freight or delivery, or comply with legal requirements.

We do not sell customer personal information to third parties.

24. Third-Party Services and Payment Providers

Our website and business may use third-party services including website platforms, payment providers, growers, freight companies and delivery providers.

Use of some services may also be subject to the relevant provider's terms or privacy policy.

Nothing in a third-party provider's terms removes any consumer right against Ballarat Advanced Tree Nursery that cannot lawfully be excluded.

25. Governing Law

These Policies, Terms and Conditions are governed by the laws of Victoria, Australia.

Australian Consumer Law applies where applicable.

26. Contact

Questions regarding these Policies, Terms and Conditions, an order or a Grower’s Direct Marketplace purchase can be directed to:

Ballarat Advanced Tree Nursery

Email: ballaratadvancedtreenursery@gmail.com