TERMS AND CONDITIONS

Welcome to Evergreen Trees Direct

By accessing and using www.evergreentrees.com.au (the "Site"), you, the user, agree to comply with and be bound by the following terms and conditions (the "Terms"). These Terms govern your access to and use of the Site and any services, products, materials, and information available through it.

Definitions

• "ACL" refers to the Australian Consumer Law as part of the Competition and Consumer Act 2010, along with its subsequent amendments.
• "Agreement" denotes a binding contract for the provision of goods or services between Evergreen Trees Direct and the Customer.
• "Customer" is any person or entity purchasing or intending to purchase goods or services from Evergreen Trees Direct.
• "Goods" are the trees, plants, and any related products provided by Evergreen Trees Direct.
• "GST" is the Goods and Services Tax as legislated under Australian law.
• "PPSA" refers to the Personal Property Securities Act 2009, including any amendments.
• "Site" refers to www.evergreentrees.com.au and all its related pages and content.

1. Acceptance of Terms

1.1 By accessing the Site, the Customer agrees to be bound by these Terms, which constitute a legally binding agreement.

1.2 The Customer's acceptance of these Terms is reaffirmed with each use of the Site and purchase of Goods.

2. Modification of Terms

2.1 Evergreen Trees Direct reserves the right to modify these Terms at any time. Changes will become effective immediately upon posting on the Site.

2.2 Continued use of the Site after changes implies acceptance of the new Terms.

3. Orders and Payment Terms

3.4 Deposit and Payment: To secure an order, a non-refundable deposit of 25% of the total order value is required. This deposit is necessary to reserve the stock and will be credited towards the final payment. By paying this deposit, the Customer acknowledges that it is non-refundable and compensates Evergreen Trees Direct for the reservation of stock and potential loss of other sales opportunities.

3.5 Full Payment: The remaining balance of the order must be paid in full prior to the delivery or pickup of the Goods. The specific payment terms, including due dates and acceptable payment methods, will be outlined at the time of order confirmation.

3.6 Cancellation and Changes: If the Customer cancels the order after the deposit has been made, or requests significant changes that affect the value or composition of the order, the deposit will not be refunded. If the order is canceled or changed after full payment has been made but before delivery, a portion of the payment may be refundable, excluding the non-refundable deposit, at Evergreen Trees Direct's discretion and based on the status of the order and any costs already incurred.

4. Delivery Terms

4.1 Estimation of Delivery Dates: Delivery dates provided by Evergreen Trees Direct are estimates and should be treated as such. While we endeavor to meet these estimated dates, they are subject to change and are not guaranteed. Delays may occur due to factors beyond our control, including but not limited to, the operations of our external freight companies. We do not conduct our own freight services and, therefore, cannot directly control the delivery schedules of these external companies.

4.2 Calculation of Delivery Fees: The cost associated with the delivery of orders is determined based on the destination, size, weight, and complexity of the order. These fees are to be borne by the Customer and will be communicated during the ordering process or as soon as they are calculable. It is the responsibility of the Customer to settle these fees to facilitate the delivery of their order.

4.3 Curb Side Delivery: The standard delivery method employed by Evergreen Trees Direct and its freight partners is curb side delivery. This means that the Goods will be delivered to a location at or near the delivery address that is easily accessible by the delivery vehicle. The Customer is responsible for any further movement or installation of the Goods from the curb side location.

4.4 Responsibility for Acceptance and Inspection: Upon the arrival of the Goods, it is the Customer's responsibility to thoroughly inspect the Goods within 24 hours. This inspection should check for any potential damage or discrepancies between the delivered Goods and the order specifications. Any concerns or issues identified should be promptly reported to Evergreen Trees Direct within the 24-hour window. If no issues are reported within this time frame, the Goods will be considered as having been accepted in good condition and in compliance with the order.

4.5 Liability for Unsuccessful Delivery Attempts: In instances where the Customer is unable to receive the Goods at the predetermined time and place, and this failure is attributable to the Customer, Evergreen Trees Direct shall not be responsible for additional charges that may arise due to storage or redelivery attempts. The Customer is liable for these additional costs, and it is essential for them to ensure availability to receive the delivery as scheduled.

4.6 Communicating Special Delivery Requirements: Customers are encouraged to communicate any special delivery requirements or constraints at the time of ordering. This includes, but is not limited to, restricted access points, specific delivery timings, and the need for additional delivery personnel or equipment. Failure to communicate these requirements may lead to additional charges, which will be the responsibility of the Customer.

5. Risk and Title

5.1 Transfer of Risk:

5.1.1 Upon delivery or pickup of the Goods, the risk of loss, damage, or any other form of deterioration passes immediately to the Customer. This means that once the Goods are delivered to the specified delivery location, or picked up by the Customer or their agent, the responsibility for any damage, loss, or degradation of the Goods lies with the Customer.

5.1.2 It is the Customer's responsibility to ensure adequate measures are in place to protect the Goods after delivery or pickup. This includes proper handling, storage, and care to maintain the condition of the Goods.

5.1.3 In the case of curb side delivery, as the Goods are handed over at the curb or nearest accessible point, the Customer is responsible for any damage that may occur during the movement of the Goods from the curb side to their final destination.

5.2 Retention of Title:

5.2.1 Title, or ownership, of the Goods remains with Evergreen Trees Direct until the full payment for the Goods has been received. This includes the total cost of the Goods plus any applicable delivery charges and taxes.

5.2.2 Until full payment is made, the Goods should be treated as the property of Evergreen Trees Direct. In the event of non-payment or bankruptcy of the Customer, Evergreen Trees Direct retains the right to reclaim the Goods.

5.2.3 If the Goods are resold by the Customer before full payment is made to Evergreen Trees Direct, the proceeds of such a sale should be held in trust for Evergreen Trees Direct, as they represent the unpaid title of the Goods.

5.2.4 The Customer must not pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Evergreen Trees Direct. If the Customer does so, all moneys owing by the Customer to Evergreen Trees Direct shall (without prejudice to any other right or remedy of the seller) become immediately due and payable.

5.3 Insurance and Protection:

5.3.1 The Customer is advised to consider obtaining adequate insurance for the Goods from the time of delivery or pickup, as this will provide protection against risk of loss, damage, or theft.

5.3.2 Any damage to or loss of the Goods occurring post-delivery or pickup does not absolve the Customer of their obligation to pay the full price of the Goods to Evergreen Trees Direct.

6. Returns, Refunds, and Cancellations

6.1 Return Policy: Returns must be initiated within 24 hours of the Goods being received. This policy applies in cases where the Goods are damaged, do not meet the order specifications, or if there is a change of mind by the Customer. For the return to be accepted, the Goods must remain in their original condition.

6.2 Restocking Fee for Change of Mind: In instances of change of mind by the Customer, a restocking fee of 25% of the purchase price of the Goods will be applied. This fee is to cover the costs associated with the initial handling of the Goods, including selection, storage, preparation for dispatch, and the processes involved in returning the Goods to our inventory.

6.3 Pickup and Return Charges: The Customer will incur a charge for the collection and return of the Goods to our nursery, which will be based on the delivery location and the specifics of the order. This fee compensates for the transportation costs and is invoiced by our external freight company. The exact amount will be communicated to the Customer based on their particular circumstances.

6.4 Refund Processing: Where a refund is applicable, it will be processed using the same method as the original payment. The refund amount will consider any applicable restocking and transportation charges, with the remaining balance refunded to the Customer.

6.5 Cancellation Charges: Cancellations of orders may result in charges or the forfeiture of the deposit, contingent upon the status of the order at the time of cancellation. If the order has already been processed or dispatched, additional charges may be applicable.

6.6 Exchange of Goods: Should the Customer request an exchange of Goods, the same conditions as returns will apply. Customers are requested to promptly communicate their new choice of Goods to facilitate the exchange.

6.7 Acknowledgment of Terms: Customers are advised to review these terms thoroughly. Evergreen Trees Direct is committed to clarity and transparency in its policies and encourages customers to reach out for any clarification or assistance regarding returns, refunds, exchanges, or cancellations.

7. Compliance with Laws

7.1 Evergreen Trees Direct complies with all applicable laws and regulations in conducting its business and expects the same from its Customers.

7.2 The Customer is responsible for ensuring that their use of the Goods complies with all local, state, and federal laws.

8. Force Majeure

8.1 Evergreen Trees Direct will not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control.

9. Intellectual Property Rights

9.1 All intellectual property rights in the content of the Site, including text, graphics, logos, and images, are owned by Evergreen Trees Direct.

9.2 The Customer may not use, reproduce, or distribute any content from the Site without prior written permission.

10. Personal Property Securities Act

10.1 The Terms constitute a security agreement under the PPSA for the Goods supplied.

10.2 The Customer agrees to provide all necessary cooperation for the registration of Evergreen Trees Direct's security interest.

11. Limitation of Liability

11.1 Evergreen Trees Direct's liability for any loss, damage, or injury arising from the Goods is limited to the maximum extent permitted by the ACL.

11.2 No liability is accepted for indirect, consequential, or incidental damages beyond the purchase price of the Goods.

12. Privacy Policy

12.1 Evergreen Trees Direct is committed to protecting the privacy and confidentiality of its Customers’ information. The use of personal information is governed by our Privacy Policy.

13. Governing Law and Jurisdiction

13.1 These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.

13.2 Any disputes arising out of these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.