By accessing this website, placing an order, 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.

We may update these terms from time to time by publishing the revised version on our website. The version in effect at the time of your order, booking, or visit will apply.

Nothing in these terms excludes, restricts, or modifies any rights or remedies you may have under Australian Consumer Law that cannot lawfully be excluded. Consumer guarantees apply to goods sold by Australian businesses, including that goods are of acceptable quality, match their description, and are fit for any disclosed purpose where applicable.

2. Nursery Visits, Access and Safety

Our nursery operates on a working farm and is also our family residence.

Visits are by appointment unless otherwise stated by us.

When entering or moving around the property, you must drive slowly and take care at all times, as 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, slug and snail bait, and other agricultural chemicals to maintain the health of our farm and plants. These substances may be harmful if ingested by children or visitors’ pets. Visitors must take appropriate care at all times.

Dogs are permitted only under close control. Dogs must be kept in the car or on a short lead at all times, remain on main customer paths, and must not be allowed to sniff, lick, or eat anything from the ground, including pellets, bait, plant material, or other substances. If you believe your dog may have ingested any bait or chemical, seek veterinary advice immediately. This reflects the warning currently published on your website.

All visitors enter the property at their own risk, except to the extent liability cannot be excluded by law.

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

You must follow all directions given by our staff while on the property.

3. Orders and Availability

All orders are subject to stock availability and acceptance by us.

We reserve the right to refuse, cancel, or amend any order where necessary, including where there is an error in pricing, description, freight, availability, or any other information on the website, or where stock is unavailable, damaged, or unsuitable for supply.

If an order is cancelled by us before collection or delivery, we will refund the amount paid, less any permitted charges expressly disclosed in these terms, such as non-refundable third-party payment processing fees where applicable.

4. Pricing and Payment

All prices are shown in Australian dollars unless stated otherwise.

We reserve the right to 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.

If you choose Afterpay or another third-party payment platform, you acknowledge that any non-refundable merchant processing fees charged to us by that provider may be deducted from any refund where permitted and disclosed at the time of sale.

5. Cancellation, Order Changes and Uncollected Orders

A 20% re-stocking fee applies to any paid online or in-person order that is cancelled, changed, or reduced for change of mind or any other reason before collection or delivery.

This fee will be deducted from any refund or credit amount.

Orders not collected within 3 months of purchase may also incur this 20% fee.

We reserve the right to cancel and refund any order not collected within 3 months of the purchase date, less the 20% fee, unless prior arrangements have been made in writing with the nursery.

This policy helps to cover the ongoing cost of caring for sold plants and trees, including tagging, moving to a holding area, watering, pruning, spraying, disease control, and maintaining stock in a saleable condition. It also ensures nursery space remains available for new stock and recognises that plants are living products which may deteriorate if left in pots for too long.

Payments made with ' Afterpay' - By choosing Afterpay as your payment method, you acknowledge and agree that if your order is cancelled for any reason, any non-refundable Afterpay merchant processing fees incurred by Ballarat Advanced Tree Nursery will be deducted from the refund amount.. These fees are retained by Afterpay and are not recoverable by Ballarat Advanced Tree Nursery. As of 12/4/2026 the merchant fee is 6% - wording from after pay is "Afterpay Merchant fees are non-refundable in the event of a refund" - more information here https://help.business.afterpay.com/hc/en-au/articles/4708271751193-I-am-a-merchant-how-do-I-process-a-refund?utm_source=chatgpt.com

6. Pickup of Orders

Before collecting your order, please make sure you are happy with the trees or plants supplied and that they are the correct variety, size, and quantity you require.

When collecting an order from our nursery, customers must inspect the items at the time of pickup and confirm they are satisfied with the quality, variety, size, and quantity supplied.

If a customer is not satisfied with the quality of an item, they may choose to cancel that item for a full refund, but only while the item remains at our nursery and before it has left our care.

Once stock has left the care of our nursery, it is subject to the Returns Policy below and any rights that may apply under Australian Consumer Law.

When collecting items, it is the buyer’s responsibility to provide suitable transport, trailers, and tie-downs to safely secure the load.

Any items damaged while being loaded into a customer’s vehicle are at the customer’s risk. Ballarat Advanced Tree Nursery is not liable for damage occurring during or after loading.

Risk in the goods passes to the customer once the items are collected, delivered, or loaded into the customer’s vehicle.

7. Delivery Conditions

If delivery is selected, customers must ensure all order details are correct before dispatch.

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

We are not liable for damage, failed delivery, delay, or extra costs caused by incorrect delivery details, unsafe or restricted access, site hazards, overhead obstructions, unsuitable ground conditions, absence of the buyer, or other matters outside our control.

Unless otherwise required by law, risk in the goods passes to the customer upon delivery to the nominated location.

Delivery timeframes are estimates only and may vary due to weather, traffic, staffing, vehicle issues, order volume, or other operational factors.

8. Buyer Responsibility

Before purchasing any tree or plant, it is the buyer’s responsibility to ensure the species selected is suitable for its intended purpose, garden layout, and site conditions.

This includes considering mature size, growth habit, frost tolerance, soil preferences, drainage, irrigation, exposure, and climatic suitability.

Customers are responsible for checking the suitability of each plant for its intended purpose.

If unsure about soil type, drainage, microclimate, exposure, frost behaviour, or other site factors, the most reliable method is to engage an independent professional to assess the site.

9. Advice Disclaimer

Any advice our team provides, whether during nursery tours, garden consultation appointments, over the phone, by message, by email, through photos, or based on customer descriptions, is general in nature and based solely on the information provided to us.

Many important factors, including below-ground soil structure, drainage, compaction, irrigation performance, and microclimate, cannot be properly assessed without on-site investigation and are outside the scope of what we provide as a production nursery.

You remain responsible for the final selection, placement, planting, transport, and care of all stock purchased.

10. Plant Quality, Consumer Guarantees and Warranty Position

All stock is sold on the basis that it will be presented to the customer in good, healthy, and saleable condition at the time it leaves our nursery and, to the best of our knowledge, will match its description, variety, and size as sold.

Our plants and trees come with consumer guarantees under Australian Consumer Law that cannot be excluded. These include that goods will be of acceptable quality, fit for any disclosed purpose where applicable, and match their description. Where required by law, we will provide an appropriate remedy.

Other than those rights that cannot be excluded by law, we do not provide any additional warranty regarding future growth, establishment, survival, or long-term performance after stock has left our care.

Because plants are living products, their ongoing health and performance depend on factors outside our control, including transport, planting method, soil conditions, drainage, watering, weather events, frost, heat, wind, pests, disease, and ongoing care.

11. Returns Policy

Please choose carefully. We do not accept returns of any trees, plants, or nursery stock once they have left the care of our nursery, including for change of mind, incorrect selection, or any other reason not covered by your rights under Australian Consumer Law. This also applies to items delivered to the customer. Businesses may refuse change-of-mind refunds, but they cannot exclude consumer guarantee rights that apply by law.

Before collecting your order, please make sure you are happy with the trees or plants supplied and that they are the correct variety, size, and quantity you require. Customers should check the suitability of each plant for their intended purpose.

Ballarat Advanced Tree Nursery accepts no liability, to the extent permitted by law, for stock which fails due to environmental conditions, incorrect selection, incorrect planting, incorrect transport, or incorrect care after it has left our nursery.

Where delivery applies, customers should also ensure the order details are correct before dispatch.

All stock is sold on the basis that it will be presented to the customer in good, healthy, and saleable condition at the time it leaves our nursery, and to the best of our knowledge will match its description, variety, and size as sold.

Problems arising after collection or delivery from factors outside our control, including planting method, soil or site conditions, drainage, watering, weather events, frost, heat, wind, pests, disease introduced after supply, neglect, or failure to properly care for the plant, are not accepted as returns.

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

12. Website Errors and Omissions

Occasionally there may be errors or inaccuracies relating to descriptions, pricing, promotions, shipping, availability, plant sizes, or other website 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.

Photographs are indicative only. As living products, plants and trees naturally vary in shape, branching, size, colour, flowering, foliage density, and seasonal appearance.

13. 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 intended space or purpose

improper planting, positioning, transport, restraint, or care

unsuitable site conditions

natural weather events, pests, or diseases

failure to follow our advice or instructions

misuse or unsafe handling by the buyer

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

Nothing in this clause limits any rights the customer may have under Australian Consumer Law.

14. Indemnity

By entering our property, purchasing products, arranging collection or delivery, 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, secure, plant, or care for stock

injuries or damages occurring during your visit

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

This indemnity applies except to the extent caused by our negligence or a breach of a non-excludable legal obligation.

15. Website Use and Intellectual Property

All content on this website, including text, images, logos, graphics, product descriptions, and pricing presentation, is the property of Ballarat Advanced Tree Nursery unless otherwise stated and may not be reproduced without permission.

16. Privacy

We collect your name, contact details, booking details, and order information solely for the purpose of processing orders, bookings, deliveries, and communication.

Information is stored securely and is not sold to third parties. It may be shared with service providers where reasonably necessary to operate the business or where required by law.

17. Governing Law

These terms are governed by the laws of Victoria, Australia.

18. Contact

Any questions about our Policies, Terms and Conditions should be sent to:

Ballarat Advanced Tree Nursery
ballaratadvancedtreenursery@gmail.com