Trading Terms & Conditions

Terms of Use
In this policy, “we”, “us” or “our” is in reference to ‘Virginia Nursery Pty Ltd.’
By accessing or using this website, the customer acknowledges that they have read, understood and agreed to the terms and conditions outlined in our policies.

Divisions of Virginia Nursery Pty Ltd (ABN 95 076 613 664): Virginia Home & Garden, Doncho's Cafe, Stella's Home & Kitchen and Virginia Seedlings.

Ownership of Content
All plant and product images, descriptions and cultural information used on this site is given gratis and in good faith as a general guide only. Plant photos and descriptions are Copyright by Virginia Nursery Pty Ltd. Significant variations may occur subject to geographical location, climate, soil type, soil conditions, cultural and management practices and other growth and development factors. Product images are subject to change at any point in time, and significant colour or design variations may occur. No liability will be accepted by Virginia Nursery Pty Ltd.

Product Availability
Whilst Virginia Nursery Pty Ltd endeavor to provide accurate stock measures, we highly recommend that customers contact us to confirm stock availability as high product turnover and unforeseen circumstances may affect the accuracy of stock measures. If products in an online order are unavailable for unforeseen circumstances, we endeavor to contact the customer to arrange a substitute or discuss an exchange or refund. Many products are available in an assortment of colours, designs or sizes; the product page may not advertise all available colours or designs. For Click & Collect and all Delivery services, the product(s) will be chosen at random and no guarantees will be made as to which colour or design is supplied. The availability of a range of our products and specifically the health of live plants is subject, but not limited to weather conditions and high product turnover. If the condition of a plant or product is not deemed adequate for delivery, Virginia Nursery Pty Ltd will contact the purchaser to discuss an exchange, or possibly credit or refund.

Variations
Prices listed on our website may differ to in-store prices, and whilst we endeavor to maintain current pricing online, at times prices may be out-of-date. Pricing and content both in-store and online are subject to change without notice. We are not liable if any content is inaccurate or out-of-date. Many products are available in an assortment of colours, designs or sizes; the product page may not advertise all available styles.

Warranty
Plants are not subject to warranty; customers are advised to contact Virginia Nursery Pty Ltd directly with any specific concerns. All consumer products are protected under the ‘Standard One Year Consumer Warranty’. If an item is faulty within one year from the purchase date, the purchaser must present the product and the receipt/tax invoice in-store for inspection – the customer may be eligible for an exchange or refund. 

Refund Policy
Customers are entitled to a refund if the goods purchased are; defective, do not match the description or display, or do not do what they are supposed to do. This does not apply to the purchase of an assorted product, whereby no guarantees will be made as to which colour or design is supplied. This refund policy applies only if the customer returns the goods within a reasonable time (number of days) and there is valid proof of purchase. The customer is not entitled to an exchange or refund if they changed their mind or over estimated their needs, nor are they entitled to a refund if the goods have been damaged after purchase or delivery.

If delivered goods are missing, damaged, faulty or do not match the description of the product in the order, the customer may be eligible for a replacement, substitution, credit or refund. This does not apply to the purchase of an assorted product, whereby no guarantees will be made as to which colour or design is supplied. If a delivered item is damaged, faulty or does not match its description, the customer must contact Virginia Nursery Pty Ltd within 2 business days of receiving the delivery.

Memberships
The Home & Garden Club is an In-Store only benefit scheme; VIP specials offered in-store to members will not be offered online. To apply for a membership, please fill out a form in-store and you will be presented with your own club card. Please note to be eligible for membership, you must provide your full name, phone number and email address. Customers must agree to receive promotional emails/text messages.

Online Payments 
The customer should receive a pending payment email once they have successfully paid for the goods. Online orders are processed Monday to Friday within standard business hours. Orders will not be processed until payment is confirmed by the financial institution which may take up to two business days, subject to standard operation.

Payment Methods: 
SecurePay – The SecurePay portal is a secure gateway to use Visa or Mastercard to complete the purchase, subject to the SecurePay terms & conditions;
https://www.securepay.com.au/terms-and-conditions/
Paypal – PayPal is an independent financial service that facilitates the secure transfer of electronic funds, subject to the PayPal terms & conditions;  https://www.paypal.com/au/webapps/mpp/ua/legalhub-full?locale.x=en_AU

Deliveries
Deliveries for online orders will be made to the address associated with the account profile of the purchaser unless otherwise specified. The purchaser is obliged to check their address and update their contact details prior to finalising the purchase. Any changes to the account profile after the order is processed will not be recognised. The purchaser must specify any instructions or important details regarding the safety, access or security of the delivery in the comments section at checkout. In doing so, the customer thereby acknowledges that;

• It is a one person delivery service
• Goods are to be placed where a pallet truck or sack trolley has access
• The service does not include installation, construction, removal or any other actions other than to leave the goods on site
• The service is to one site only, as listed on the purchase receipt

In selecting a delivery service, the purchaser is providing "Authority to Leave" which permits the delivery driver to leave the order(s) on site in the event that the purchaser is absent at the time of delivery (excluding Gift Card Purchases). The purchaser is thereby acknowledging that the order may be left with anyone else present at that address. If we deem it unsafe to do so, we may;

1. Refuse delivery of the product(s);
2. Redeliver the order at a later date at an additional delivery charge;
3. Offer a credit or alternative solution.

Truck Delivery: Metro delivery estimates are within one to seven business days of confirmed payment, subject to standard operation. Delays to standard delivery estimates may include but are not limited to; stock availability, increased demand and unforeseen circumstances. Delivery is available state-wide for approved delivery addresses.

Courier Delivery: Metro delivery estimates are within one to five business days of confirmed payment, subject to standard operation. Delivery is available state-wide for the select locations of each transportation company.

Australia Post Delivery: Virginia Nursery Pty Ltd endeavor to dispatch Australia Post purchases within two business days of confirmed payment. Same-state Standard Australia Post delivery estimates are within two to four days, whilst same-state express are within one to two days, subject to standard Australia Post operation. Customers are advised to contact Australia Post within three days of the expected delivery date if the parcel has not been delivered (call 13POST). 
Registered Australia Post Delivery requires a signature and proof of identity upon ownership of the parcel.

Click & Collect
Click & Collect is a free service available for orders over $100, as well as all Gift Card purchases. Click & Collect orders must be collected by the purchaser within seven days of payment confirmation. Due to limited holding facilities and resources, after this period Virginia Nursery Pty Ltd take no responsibility for lost or damaged goods. Virginia Nursery Pty Ltd maintain the right to refuse hand-over after seven days, on-sell the goods, and/or terminate the sale. In the event that unforeseen circumstances prevent a customer from collecting an order, Virginia Nursery Pty Ltd must be contacted immediately. 

The collector must present a digital or physical copy of the receipt/confirmation email and adequate identification such as a drivers licence to the checkouts that matches the information provided by the purchaser. The collector must sign upon collection. Virginia Nursery Pty Ltd takes no responsibility for any damage caused to goods or property when assisting in the loading of products. Virginia Nursery Pty Ltd maintains the right to refuse handover if identification or proof of purchase is unsatisfactory or not provided. If another person will be collecting the order, Virginia Nursery Pty Ltd must be informed prior to collection, but we also maintain the right to refuse handover if identification is insufficient.

Gift Cards
Gift Cards may be purchased online via delivery or Click & Collect, over the phone or in-store. All Gift cards may be redeemed in-store at Virginia Home & Garden, Stella's Home & Kitchen or Doncho's Cafe. They cannot be used for online purchases. Lost or stolen cards will not be replaced or refunded. All Virginia Nursery Gift Cards are not redeemable for cash. Gift Cards must be used in one transaction, no change will be provided. Gift Cards cannot be used to purchase new Gift Cards. Virginia Nursery Pty Ltd Gift Cards expire within 3 years from date of purchase. Any unused card(s) that have expired will not be refunded.

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Contact Information:
Address:   99 Gawler Road, Virginia SA 5120
Phone:      (08) 8307 6800
Fax:           (08) 8307 6880
Email:        online@virginianursery.com.au