Terms & Conditions

1. Our services are provided to Australian residents only.

2. When you order through our website it is on the basis that you have the authority to place an order on behalf of the person who is paying.

3. Unfortunately, due to quarantine restrictions, we cannot post plants to Western Australia, Tasmania or the Northern Territory. It is your responsibility to be aware of any restrictions that might apply to your specific locality.

4. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. Our prices can be accessed from our home page, and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

5. The Terms & Conditions displayed on our website at the time of your order apply.

6. Where there is an inconsistency between these Terms & Conditions and any other part of our website then these Terms & Conditions will apply in priority, unless expressly excluded.

7. We strive to ensure that our products are described as accurately as possible on our website; however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Plants are living things and subject to many natural variations, no two being alike, and like many of us may need a little time to adjust after making a trip from our home to yours. Please visit our FAQ section of the website or reach out to us for assistance.

8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

9. Plants are shipped bare rooted, without soil.

10. We endeavour to ensure that our product list is current; however, we give no warranty as to the availability of any product advertised on our website and cannot be responsible for any loss arising from the unavailability of a product, the unavailability of a product in the numbers ordered, or for price changes.

11. We reserve the right to limit quantities ordered. If this occurs, we will give you the option to cancel your order.

12. Packaging, postage and insurance (where available) is an additional charge, calculated at time of purchase.

13. We use third party delivery services as advised on our website and cannot be responsible for their service in any way.

14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. Fraud is unfortunately prevalent on the internet and whilst we take every care, we are not experts at cyber fraud and cannot be responsible for such losses.

15. We do not accept cash payments.

16. We use a third-party gateway payment provider and cannot be responsible for their service in any way.

17. We are not required to give reasons for rejecting your offer to purchase; however, the most likely reason for rejecting your offer will be that we do not currently have that product in stock to fulfil your order or the product has failed to pass our quality control at the time of packing. If this occurs, we will provide a refund.

18. Once you have submitted an order, you may not cancel that order.

19. Delivery of your ordered product/s will be as set out on our website. Our terms of payment are set out on the order page.  Please note that there are cut-off times for orders to ensure a quality product is delivered.

20. Some orders may necessitate multiple shipments.

21. Ownership in the goods passes to you when we have despatched your order meaning all risk of loss or damage to the goods passes to you when we despatch the goods.

22. Some products may be available for collection from our nominated nursery. This is a separate business from Sam’s Garden Centre Pty Ltd. Our responsibility ends at the time that products are delivered, and we cannot be responsible for any further interactions you have with the nursery.

23. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited.

24. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us within 7 days of receipt providing a clear photograph/s evidencing the fault or damage to sales@samsgardencentre.com.au.

25. If a plant dies within 14 days of delivery, we may offer a refund or exchange; however, we must be satisfied that you took reasonable steps to take care of the plant during this period (e.g., not leaving in full sun, suitable amount of watering, etc). Clear photos showing the condition of the plant must be emailed within 14 days of delivery to sales@samsgardencentre.com.au. No refunds or exchanges will be offered on cuttings.

26. We cannot accept the return of goods where there has been a change of mind as to the suitability of the order, failure to follow proper care instructions, failure to consider suitability of the plant for the subject environment, or where there has been pest or vermin damage.

27. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

28. When you visit our website, we give you a limited licence to access and use our information for personal use.

29. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

30. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website without our prior written permission.

31. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

32. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support or sponsorship of the operator of that website nor of the information and/or products which they provide. If you access a third-party website through our website, personal information may be collected by that third-party website. We make no representations or warranties in relation to the privacy practices of any third-party provider or website and we are not responsible for the privacy policies or the content of any third-party provider or website. Our Privacy Policy does not apply to third parties and third-party providers/websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

33. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

34. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

35. Any comment, feedback, idea, or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in the future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

36. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.

37. You are not permitted to use any part of our website for any illegal activity. You are not permitted to upload to any part of our website anything that might cause harm to others in any way.

38. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

39. Please refer to the following sections on our website for information regarding the suitability of the plants you are interested in for your environment – Gardening Tips, Blog, Newsletter, FAQ and the plant descriptions. The advice on our website is generalised advice and may not apply to your specific environment or circumstance. We cannot be liable for any loss based on the application of generalised advice.

40. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is excluded.

41. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware; however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

42. From time to time we may host third-party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

43. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms & Conditions are:

• • Schedule 2 of the C&C Act; and
  • Those statutory guarantees, all of which are given by us to you if you are a consumer.

44. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

• • We will repair or replace the goods or any part of them that is defective; or
  • Provide again or rectify any services or part of them that are defective; or
  • Wholly or partly recompense you if they are defective.

45. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:

• • If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services, we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
  • If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
  • If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

46. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:

• • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
  • We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user on our website.
  • We do not participate in any way in the transactions between our users.

47. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

48. These Terms & Conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these Terms & Conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

49. If any provision in these Terms & Conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these Terms & Conditions and the remaining provisions will remain in full force and effect.

50. Please refer to our separate Privacy Policy which can be found here.