Terms of service

1. About these terms

This website is run by Spring Park Nursery (ABN 26 499 529 124), 3734 Midland Hwy, Eganstown VIC 3461. "We", "us" and "our" mean Spring Park Nursery; "you" means the person using our website or buying from us.

These terms apply when you use our website or place an order with us. Our Shipping, Refund, Cancellations and Privacy policies, our Pre-orders page and our Ordering & Shipping page also form part of these terms.

2. Your rights under the Australian Consumer Law

Our plants and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms or our policies excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded.

3. Using our website

You must use our website lawfully. You must not interfere with its operation or security, upload malicious code, or copy or collect its content or other people's information by automated means. If you are under 18, a parent or guardian must agree to these terms for you. Please keep any account details you give us accurate and up to date.

4. Plants, descriptions and advice

Plants are living and vary. Size, shape, flowering and colour differ from plant to plant and season to season, and colours can look different on screen. Our images and descriptions are an accurate guide to the variety, not a promise that your plant will look identical.

Growing information on our website is general guidance. If you tell us what you need a plant for, we will take that into account, and your rights under the Australian Consumer Law apply.

Some plants are protected by Plant Breeder's Rights. Propagating protected plants for sale without the owner's licence is against the law.

5. Prices and payment

Prices are in Australian dollars and include GST. Shipping is calculated at checkout. We may change prices at any time, but a price change does not affect an order you have already placed. We accept the payment methods shown at checkout; payments through PayPal or Afterpay are also subject to their terms.

6. Orders

The confirmation email you receive after checkout confirms that we have received your order. We may still decline or cancel an order before dispatch, with a full refund of any amount paid, if:

the product was listed with an obvious pricing or description error;
we can't supply the plant, or can't legally send it to your state;
we reasonably suspect fraud; or
the order exceeds a quantity limit we have set.

Cancellations by you are covered by our Cancellations policy and, for pre-orders, our Pre-orders page.

7. Delivery and collection

We ship within Australia, excluding Western Australia and the Northern Territory. Some plants can't be sent to some states because of biosecurity rules. Delivery and collection details are on our Shipping policy and Ordering & Shipping page. Your plants become your responsibility once they are delivered to your address or collected.

8. Returns and refunds

If a plant is faulty, not as described or the wrong variety, see our Refund policy. Because plants are perishable, we don't accept change-of-mind returns once an order has been delivered or collected.

9. Our content

The photos, text and other content on our website belong to us or are used with permission. You may not reproduce them for commercial use without our written consent.

10. Liability

Subject to section 2, we are not liable for loss that was not caused by our breach of these terms or of the law, or that was not reasonably foreseeable when you placed your order.