Terms of Service
Business Name: Fitzroy Nursery
ABN: 19 007 234 317
Location: Fitzroy, Victoria, Australia
Welcome to Fitzroy Nursery. These Terms of Service govern your use of our website and engagement with our services, including landscaping, plant hire, plant styling, and retail sales of plants, pots, and garden accessories. By accessing our website or engaging with us, you agree to comply with these Terms and all applicable Australian laws.
1. Use of Our Website
You agree to use this website in accordance with Australian law, including the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law (ACL).
You must not:
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Use this website for any unlawful, fraudulent, or malicious activity.
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Interfere with or disrupt the operation of the website.
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Copy, reproduce, sell, or exploit any content on the website without our prior written permission.
2. Services Provided
A. Landscaping & Plant Styling Services
We offer customised landscaping and styling services for residential and commercial spaces. A consultation is usually required to scope the project.
Booking & Deposits:
We may require a non-refundable deposit to confirm your booking. The remaining balance is typically due upon completion unless otherwise agreed in writing.
Cancellations:
We require at least 48 hours' notice for service cancellations. Cancellations made with insufficient notice may incur a cancellation fee.
B. Plant Hire
We offer plants and styling items for short- and long-term hire for events, commercial interiors, and private spaces.
Care & Liability:
Hired items remain our property. You are responsible for any loss or damage during the hire period. Charges may apply for repair, cleaning, or replacement.
Hire Period & Returns:
Items must be returned by the agreed date. Late returns may incur additional hire fees.
3. Retail Sales (Plants, Pots & Accessories)
Our retail offering includes plants, pots, tools, and garden accessories.
Product Descriptions:
We do our best to ensure accurate product listings. However, natural variation in living plants and screen display differences may occur.
Returns & Refunds:
Under the Australian Consumer Law, you are entitled to a refund or replacement if a product is faulty, not as described, or unfit for purpose.
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Living plants: Due to their perishable nature, we generally do not offer returns unless the plant is unhealthy on arrival or otherwise fails to meet your consumer rights.
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Non-living goods (e.g. pots, tools): May be returned within 14 days of purchase in original condition, with proof of purchase.
Change of Mind:
Change of mind returns are accepted for eligible items (excluding live plants) at our discretion and may be subject to a restocking fee.
4. Delivery & Shipping
We offer local delivery within specified areas of Victoria. Delivery fees and timeframes will be confirmed at the time of booking or purchase.
Delivery Terms:
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You are responsible for providing accurate delivery information.
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If delivery cannot be completed due to incorrect information or failure to be present, re-delivery fees may apply.
- We are not liable for delays caused by events outside our control, including weather and courier issues.
5. Pricing & Payment
All prices are listed in Australian Dollars (AUD) and include GST unless otherwise stated.
We accept various forms of payment including EFT, credit card, and online payment gateways. Full payment is required prior to delivery of retail products or commencement of services, unless otherwise agreed.
We reserve the right to update pricing at any time. Quoted prices for services remain valid for 14 days unless otherwise stated.
6. Intellectual Property
All content on this website — including photos, logos, designs, and text — is the property of Fitzroy Nursery or its licensors and is protected under Australian copyright law.
You may not reproduce, republish, or reuse any content without express written permission.
7. Liability & Disclaimers
To the extent permitted by law:
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We are not liable for any loss or damage arising from the use of our Services or website.
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We are not responsible for outcomes related to plant growth, care, or landscape results where environmental factors or improper care contribute.
Nothing in these Terms limits your rights under the Australian Consumer Law, including your rights to remedies for faulty goods or services.
8. Privacy
We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth). Please see our Privacy Policy for information on how we collect, use, and protect your personal data.
9. Amendments
We may update these Terms from time to time. When we do, we will revise the "Effective Date" above. Your continued use of our website or services after changes are made indicates your acceptance of the updated Terms.
10. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
11. Contact Information
For questions, complaints, or assistance, please contact us:
Fitzroy Nursery
390 Brunswick Street, Fitzroy, VIC
enquiry@fitzroynursery.com.au
(03) 9417 3272
ABN: 19 007 234 317
By using our website or engaging with our services, you acknowledge that you have read, understood, and agree to these Terms of Service.
(03) 9417 3272
enquiry@fitzroynursery.com.au
We acknowledge the Wurundjeri people as the traditional owners of the land in which we work & we pay our respects to the elders both past & present.