Terms of service
TERMS OF SERVICE
Evergreen Trees Direct (The Nursery Co. Pty Ltd, ABN 58 621 207 645)
Last updated: August 2026
1. GENERAL
1.1 These terms and conditions apply to all quotes, orders, invoices and supplies of goods by Evergreen Trees Direct ("we", "us", "our") to the customer ("you", "your").
1.2 Placing an order, paying a deposit, or accepting delivery constitutes acceptance of these terms.
1.3 These terms apply to the exclusion of any terms proposed by you unless we agree otherwise in writing.
2. QUOTES, PRICING & ORDERS
2.1 Quotes are valid for 14 days from the date of issue. Prices may be adjusted after this period to reflect changes in grower or freight costs.
2.2 All prices are exclusive of GST unless otherwise stated.
2.3 Any changes to an order - including species, sizes, quantities, or delivery details - must be confirmed in writing (email accepted). Verbal variations are not binding.
2.4 Stock availability is subject to grower supply. Where ordered stock becomes unavailable or does not meet our quality standard, we will offer the closest available substitute or a credit for the affected items. Unavailability of some items does not entitle you to cancel the full order.
3. PAYMENT
3.1 Card payments are processed via Stripe. Surcharges are passed on at cost: Visa & Mastercard 1.7%, American Express 2.2%.
3.2 Where delivery is required within 4 weeks of ordering, full payment is required at the time of order.
3.3 Where delivery is not required within 4 weeks, a 50% non-refundable deposit secures your order. The balance is due 2 weeks before freight is booked.
3.4 Transport will only be booked once payment has been received in full, unless you hold an approved credit account.
3.5 Overdue amounts on credit accounts may incur interest at 2% per month. You are liable for our reasonable costs of recovery, including collection and legal fees.
4. DELIVERY
4.1 We service Australia-wide with stock sourced from multiple locations nationally. Please allow 2-3 weeks for us to arrange delivery, particularly for complex orders with multiple stock items from different locations.
4.2 All delivery timeframes are estimates only. Due to the nature of transporting live stock from multiple interstate locations, delays can occur. We accept no liability for costs or losses arising from delivery delays.
4.3 An estimated delivery month must be provided when ordering.
4.4 If planting or landscaping is scheduled for a specific day, we recommend requesting stock for the day before. We run multiple deliveries daily and cannot guarantee a morning slot on your planting day.
4.5 On the day of delivery, notified arrival times are approximate only, as traffic and unforeseen conditions can cause variation. Live tracking is provided for Victorian deliveries.
4.6 For interstate deliveries (NSW, QLD & SA), an exact delivery day cannot be confirmed until the week of delivery, once our freight partner in your state finalises the run. They will contact you directly to coordinate.
4.7 You are responsible for ensuring safe and adequate site access for delivery vehicles, including crane trucks where required. If delivery cannot be completed due to access issues or no one being on site to accept, a failed delivery fee plus re-delivery costs will apply.
4.8 Where you authorise stock to be left unattended, risk passes to you on unloading and photo confirmation of delivery is final.
4.9 If you change a delivery date after it has been booked, a re-delivery fee will be invoiced.
4.10 Split deliveries must be confirmed at the time of order. Each delivery is invoiced separately with its own delivery fee.
5. NURSERY PICK-UPS
5.1 A pick-up day must be specified when ordering.
5.2 Holding fees apply if stock is not collected within the week of the nominated pick-up date, at the rate set out in clause 6.
6. HOLDING FEES
6.1 Orders held beyond the estimated delivery month (plus 7 days' grace) incur a holding fee of 2% of the order value per week or part thereof, covering ongoing care, watering and storage of your stock.
6.2 Holding fees are payable before dispatch and may be deducted from any deposit held.
6.3 Orders held more than 8 weeks beyond the estimated delivery month may be cancelled and the stock resold, with your deposit applied against costs incurred.
7. TITLE & RISK
7.1 All stock remains the property of Evergreen Trees Direct until paid for in full.
7.2 Where we arrange transport, risk passes to you on delivery and acceptance.
7.3 Where you arrange your own transport, risk passes to you at collection. Claims for damage in transit are between you and your carrier.
7.4 Responsibility for the care and maintenance of stock, including watering, transfers to you upon delivery or collection. We are not liable for plant decline resulting from care after this point.
8. CLAIMS
8.1 Any issues with your order - including damage, quality concerns, or quantity discrepancies - must be emailed to sales@evergreentrees.com.au within 24 hours of delivery or collection, with photos of the stock and a description of the issue.
8.2 Claims not received in this format within 24 hours will not be considered.
9. CANCELLATIONS & RETURNS
9.1 We do not accept change of mind cancellations or returns.
9.2 Orders are not refunded. Credits may be applied to your account at the discretion of management.
9.3 A 35% restocking fee, plus pick-up costs, applies to accepted returns and will be deducted from any credit.
10. LIVING PRODUCT
10.1 Our stock consists of living plants. Natural variation in height, shape and form is inherent, and uniformity is not guaranteed. No two batches or individual trees will be identical.
10.2 Plants change with the seasons. Deciduous species will drop foliage in autumn and winter, and evergreen species may show seasonal colour or growth variation. This is natural and not grounds for a claim.
10.3 Juvenile foliage on some species differs significantly from mature foliage in shape, size and colour. Stock is supplied true to species, and foliage will mature as the plant establishes.
10.4 We do not guarantee the survival or establishment of plants after delivery, as this depends on planting practice, site conditions, and ongoing care beyond our control.
10.5 We strongly recommend following our planting, care and maintenance guide, particularly regarding watering.
11. GIFT CARDS
11.1 Gift cards are non-refundable and valid for 3 years from the date of issue.
12. LIABILITY
12.1 To the maximum extent permitted by law, our liability for any claim is limited to the replacement of the goods, the supply of equivalent goods, or a credit for the price paid for the affected goods.
12.2 We are not liable for any indirect or consequential loss, including loss of profit, project delays, or labour costs.
13. AUSTRALIAN CONSUMER LAW
13.1 Nothing in these terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.
14. GOVERNING LAW
14.1 These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.