Terms & Conditions

Prices

a. The Supplier shall publish the price of the item on the website. This shall list the price of the goods and such price may be varied by the Supplier without notice to the Customer up until and including any time prior to the placement of the order with the Supplier. The supplier reserves the right to alter prices for ‘on sale’ and all other items.

b. All Prices shall be quoted as a price inclusive of GST and shall include any other costs associated with the provision of the product to the Customer (excluding handling, postage and packaging).

Terms of Payment

The Customer shall pay for the goods at the time of purchase via check out. All Customers who fail to discharge payment of the invoice within a reasonable period (5 days) as determined by us, may result in:

Cancellation by us (we will clear your cart).
Account being placed on hold.
Discontinuation of discounts, prizes or free items.

Delivery

All products shall be delivered to the Customer via Australia Post at the Customers expense. The Supplier shall not be under any obligation to transport the goods to any location unless the goods have been paid for in accordance with these terms and conditions.

The Supplier agrees to post the order once paid within a reasonable time frame (usually 5 days) and to provide the Customer with an email noting the day of postage and any tracking and registration numbers applicable. Click here for approximate domestic delivery times.

Return Of Goods And Cancellations

a. The Customer shall be entitled to cancel any order for any unpaid goods by clearing their cart.

b. We do not give refunds on seeds and live bulbs/corms due to their perishable nature if you change your mind or make a wrong decision. However, we do refund on all other items provided they are returned to us within 7 days of receiving your order in original, undamaged condition, customers are to pay for the returned postage in this instance.

In the event where goods are faulty or are different to the product purchased on the website, you have several choices.

We can (if possible) replace the product free of charge or give you a store credit or we can refund the amount you paid for the item in full plus the reasonable postage costs of the returning it.

Just get in touch with us (prior to returning items) at admin@wendysgarden.com.au or on our contact page to let us know about your issue and we’ll let you know what to do next.

Returns should be addressed to;

Returns @ Wendy’s Garden Pty Ltd
PO BOX 101
FORRESTFIELD 6058

c. The Customer has the right to cancel the order for any item not able to be supplied. In this instance the customer can request a store credit or refund of no more than the published price of the item not able to be supplied. If a refund is requested then it shall be given in the same manner as paid ie. If paid by credit card it will be put back into the credit card it was paid from.

Exclusions Of Liability Disclaimer

a. No warranty, either express or implied, is given in relation to the goods and any liability arising out of or in respect of the named variety, supply, re-supply, use, re-use, or safety of the goods, howsoever arising, and including any liability the Supplier may otherwise have had by virtue of any representation, warranty, condition or term, whether express or implied by law or custom and whether for consequential loss, loss of profits or contracts, or loss of use or for any direct, indirect or consequential loss (including any liability in relation to the resultant crop) or otherwise is hereby excluded.

b. Goods are supplied only for the purpose of growing crops for human and/or animal consumption and not for the purpose of multiplication. Unless seeds are marked as “seeds for sprouting” the seeds themselves must not be consumed by humans or animals.

c. The seed variety, results and specifications shown on the Suppliers website or social media accounts have either been provided to the Supplier by the manufacturer/grower and have not been verified by the Supplier or have been obtained by the Supplier under controlled conditions and should not be relied upon by the Customer. Those results and specifications may not be obtainable under other growing conditions or once the goods have left the Suppliers premises.

Property And Risk

a. Property in and title to the goods shall remain with the Supplier and the Supplier reserves the right to dispose of the goods until such time as all moneys owing by the Customer to the Supplier have been paid in full.

b. The risk in the goods purchased shall, unless otherwise agreed in writing, pass to the Customer immediately upon the goods leaving the Suppliers premises.

c. If the Customer fails to pay any amount owing to the Supplier when it is due, the Supplier may, without notice and without prejudice to any of its other rights and remedies, recover and/or re-sell the goods.

Delivery Times

a. The Supplier shall undertake its best endeavours to satisfy the order placed by the Customer within the time frame requested by the Customer provided further that should the Supplier fail to obtain the product within the time frame required by the Customer the Supplier shall be entitled to notify the Customer that the product will not be available by the agreed date. The Customer shall not be entitled to make any claim for compensation upon the Supplier as a result of or arising out of the late provision of the product.

b. The Customer is bound to advise the supplier of any lost or missing post articles sent by the Supplier within 1 month. If an order is not received the Supplier will first try to track the article via Australia Post. If the article cannot be tracked then the Supplier will first ask the Customer to check locally for the item. Reimbursement may be offered but this will be on a case by case basis only.