Terms of service

TERMS OF SERVICE

Feature Trees Ballarat
ABN: 32 632 142 458
Operator: Luke Matthew Brown (Sole Trader)
Phone: 03 4343 2146
Location: Nerrina, Victoria (full address provided upon order or as required)

OVERVIEW

Welcome to Feature Trees Ballarat. Throughout this website, the terms “we”, “us” and “our” refer to Feature Trees Ballarat. We operate this online store, along with all related content, features, tools and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) apply to all users of our website and Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you represent that you are at least 18 years old or the age of majority in your state or territory. You agree to provide current, complete and accurate information when making a purchase or creating an account.

You are responsible for maintaining the confidentiality of your account details and for all activities under your account. You may not transfer or assign your account to any other person.

SECTION 2 – OUR PRODUCTS

Feature Trees Ballarat specialises in live plants, including Japanese Maples and other ornamental species. Please note:

  • Plant size, colour, shape, and appearance may vary due to natural growth, seasons and environmental factors.

  • Product photos are for general guidance only.

  • All plant descriptions may be updated or changed at any time without notice.

  • We reserve the right to limit quantities or discontinue products.

We do not guarantee that any plant will perform, grow or survive once in the customer’s possession. Care, watering, planting environment and weather conditions are the responsibility of the customer.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Orders are accepted at our discretion and are only confirmed once payment has been processed.

Please review your order carefully before submitting, as cancellations may not be possible after acceptance. If we must cancel, adjust or refuse an order, we will attempt to notify you using the contact details provided.

All purchases are subject to our Refund Policy.

All purchases are for personal use only and not for resale unless expressly agreed.

SECTION 4 – PRICES AND BILLING

Prices are listed in Australian dollars (AUD) and may change without notice. The price displayed at checkout is the price payable at the time of purchase.

Prices do not include delivery fees, which are calculated based on distance, product size and vehicle requirements.

You agree to provide accurate billing and payment details and authorise us to charge your nominated payment method for the total amount of your order, including any applicable taxes or delivery fees.

SECTION 5 – SHIPPING, DELIVERY & PICKUP

Delivery

  • Delivery is available to selected regions and is calculated at checkout or quoted manually.

  • Delivery times are estimates only. Delays due to weather, traffic, courier issues, vehicle limits or unforeseen events are outside our control.

  • Risk of loss passes to the customer once the order is delivered to the provided address or collected by a courier or transport service.

Pickup

Pickup is available from our Nerrina grow site by appointment only. Pickup instructions and location details are provided once the order is ready.

Customers are responsible for securing plants safely for transport.

SECTION 6 – LIVE PLANT CONDITIONS (IMPORTANT)

By purchasing live plants, you acknowledge:

  • Plants may vary in size, form, foliage density and colour depending on season.

  • Leaf marks, minor cosmetic imperfections or natural variations are not faults.

  • We do not guarantee survival after pickup or delivery.

  • No refunds are provided for plant shock, incorrect planting, improper care, weather damage, frost, wind burn, sun exposure, pests or diseases occurring after delivery or pickup.

To the extent permitted under Australian Consumer Law, returns are not accepted for change of mind for live plant products.

SECTION 7 – INTELLECTUAL PROPERTY

All images, product descriptions, text and branding on the Services are owned by Feature Trees Ballarat or our licensors and are protected by Australian copyright, trademark and intellectual property laws.

You may not reproduce, copy, distribute or use our content without prior written permission.

SECTION 8 – OPTIONAL TOOLS

We may provide access to third-party tools or integrations. These are offered “as is” without warranty, and we are not liable for their performance or your use of them.

SECTION 9 – THIRD-PARTY LINKS

We are not responsible for third-party websites or content accessed through links on our website. Any transactions with third parties are solely between you and that third party.

SECTION 10 – PRIVACY

Personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you consent to the collection, use and disclosure of your personal information as described in those policies.

SECTION 11 – FEEDBACK

Any feedback or reviews you provide may be used by us for marketing or improvement purposes. By submitting feedback, you grant us a royalty-free, worldwide licence to use that feedback.

SECTION 12 – ERRORS & OMISSIONS

We may correct errors, inaccuracies or omissions—including pricing or availability—at any time without notice. We may cancel or amend orders affected by such errors.

SECTION 13 – PROHIBITED USES

You may not use the Services:

  • For unlawful, abusive or fraudulent purposes

  • To interfere with or damage the website

  • To spam, scrape or collect personal information

  • To bypass security features or systems

We may suspend or terminate access for prohibited conduct.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time. You remain responsible for any charges incurred before termination.

Certain sections of these Terms survive termination, including limitations of liability and intellectual property clauses.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except where required by Australian Consumer Law, the Services and all products are provided “as is” and without warranties of any kind.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, Feature Trees Ballarat (and Shopify) shall not be liable for:

  • Indirect or consequential losses

  • Loss of profit, revenue, data or opportunity

  • Damage arising from misuse of products, delivery delays, or incorrect customer information

Nothing in these Terms excludes your rights under Australian Consumer Law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify Feature Trees Ballarat from claims arising from your breach of these Terms, misuse of the Services, or violation of law.

SECTION 18 – SEVERABILITY

If any provision is found invalid, the remainder of these Terms continues in effect.

SECTION 19 – WAIVER & ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Feature Trees Ballarat.

SECTION 20 – ASSIGNMENT

You may not transfer your rights under these Terms. We may transfer ours without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia. You agree to the jurisdiction of Victorian courts for any disputes.

SECTION 22 – CHANGES TO THESE TERMS

We may update these Terms at any time by posting the revised version on our website. Continued use of the Services constitutes acceptance of the new Terms.

SECTION 23 – CONTACT INFORMATION

For questions regarding these Terms, contact:

Feature Trees Ballarat
Email: sales@featuretreesballarat.com.au
Phone: 03 4343 2146
Operator: Luke Matthew Brown (Sole Trader)
ABN: 32 632 142 458
Location: Nerrina, Victoria