Website Terms & Conditions

1. Accuracy of Information and Product Representation

• Variability: You acknowledge that plants are living products and will naturally vary in color, size, shape, and appearance from the images and descriptions displayed on our website.

• Descriptions: We endeavor to ensure all descriptions, stock levels, and prices are accurate; however, errors may occur. We reserve the right to correct any errors and cancel orders if inaccurate information was displayed.

• Information: All gardening advice, care instructions, and growth guides provided on our website are for general informational purposes only and do not guarantee specific results.

2. Pricing and Payment

• Currency: All prices listed on our website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) unless stated otherwise.

• Changes: We reserve the right to change prices for our products or services at any time without prior notice.

• Payment: Payment must be made in full at the time of placing an order through our approved payment gateways.

3. Orders and Cancellation

• Acceptance: Receipt of an order confirmation does not constitute our acceptance of an order. We reserve the right to limit order quantities or refuse service to any customer.

• Cancellation by Us: If we are unable to fulfill an order due to stock unavailability, plant health issues, or pricing errors, we will notify you and issue a full refund.

• Cancellation by You: Orders cannot be cancelled or amended once they have been processed or dispatched.

4. Shipping, Delivery, and Click & Collect

• Restrictions: Due to strict state biosecurity regulations, we may be restricted from shipping certain plant varieties to specific states or territories (such as Western Australia, Tasmania, or the Northern Territory). It is your responsibility to review any shipping restrictions before ordering.

• Risk: Risk and title in the goods pass to you upon delivery to your nominated address or upon collection from our nursery.

• Delays: Delivery timeframes are estimates only. We are not liable for any delays caused by third-party courier services or weather events.

5. Returns, Refunds, and Plant Health Warranty

• Change of Mind: Due to the perishable nature of live plants, we do not accept returns or offer refunds for change of mind.

• Australian Consumer Law: Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure.

• Notification: If your plants arrive damaged or in poor health, you must notify us within 48 hours of delivery with photographic evidence. We cannot be held responsible for the health of plants once they have been in your care, planted out, or neglected.

6. Intellectual Property

• Ownership: All content on this website, including text, graphics, logos, images, and software, is the property of Foley's Nursery and is protected by Australian and international copyright laws.

• Restrictions: You may not copy, reproduce, modify, or distribute any content from this website without our express written consent.

7. Limitation of Liability

• Maximum Extent: To the maximum extent permitted by law, Foley's Nursery is not liable for any indirect, incidental, or consequential damages arising out of your use of our website or the purchase of our products.

• Total Liability: Our total liability to you for any claim arising out of or in connection with our products or services is limited to the resupply of the goods or the cost of replacing them.

8. Governing Law

• Jurisdiction: These Terms and Conditions are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in your state or territory.