WEBSITE TERMS OF SERVICE

1. About These Terms

These Terms of Service apply to your use of www.kambagc.com.au (the Website) and to orders placed through it.

The Website is operated by WA Nurseries Pty Ltd (ABN 73 622 870 222, ACN 622 870 222) trading as Kambarang Garden Centre. In these Terms, Kambarang, we, us and our refer to WA Nurseries Pty Ltd.

By using the Website, you agree to the provisions concerning website use. By placing an order, you also agree to the provisions concerning purchases, collection, delivery, cancellations and returns. Our Refund Policy and Privacy Policy form part of these Terms.

We may update these Terms by publishing a revised version on the Website. Changes apply to future Website use and future orders only. They do not alter an order we have already accepted or rights that have already accrued.

2. Eligibility and Customer Accounts

You must have legal capacity to enter a contract to place an order. A person under 18 must have permission and supervision from a parent or guardian.

You may be able to access an account using Shop, Google or an email-based login. You must provide accurate, current information and take reasonable steps to prevent unauthorised access to your email address and account.

Notify us promptly at online@kambagc.com.au if you believe an account or order has been accessed without authority.

Agreeing to receive marketing is not required to create or use an account. Email-marketing consent is handled separately as described on the sign-in page and in our Privacy Policy.

3. Acceptable Website Use

You may use the Website for lawful personal or business purchasing and ordinary product research. You must not:

•         use the Website unlawfully, fraudulently or in a way that infringes another person’s rights

•         introduce malicious code, interfere with security or attempt to gain unauthorised access

•         collect customer information, send unsolicited communications or misrepresent your identity

•         use automated tools to place orders, overload the Website or extract substantial Website content without our written permission.

This clause does not prevent ordinary search-engine indexing or accessibility technology from operating as intended.

4. Product Information, Plants and Availability

We take reasonable care to keep product descriptions, photographs, prices and availability information accurate. Product packaging, labelling and minor product details may change.

Plants are living products. Photographs are representative only, and individual plants may naturally vary in size, colour, seasonal appearance and growth habit. Natural variation is not a fault, but this does not affect your rights where a plant is materially different from its description or sample, incorrectly identified or otherwise fails to meet a consumer guarantee.

Website stock information is updated frequently, but simultaneous in-store and online sales, damage, deterioration or inventory errors can affect availability.

An order is an offer to purchase. An automated receipt or order acknowledgement confirms that we received the order and payment, but does not guarantee that every item is available. We accept an order when we notify you that it is ready for collection or confirm an arranged delivery.

If an item is unavailable, damaged, unsaleable or affected by an inventory or pricing error, we may offer an alternative. If you do not accept the alternative, or no suitable alternative is available, we will cancel the affected item or order and provide a full refund without deductions.

5. Prices and Payment

Prices are in Australian dollars and include GST unless expressly stated otherwise. Any separately arranged delivery fee will be disclosed before delivery is confirmed.

Available payment methods are displayed at checkout and are processed by third-party payment providers, such as Shopify Payments or PayPal. Their own terms and privacy policies may also apply.

We will not charge a corrected or increased price after an order is placed without your agreement. If a displayed price was incorrect, we may offer the product at the correct price or cancel and fully refund the affected item.

6. Collection

Online orders are pickup only by default from Kambarang Garden Centre at 75 Manning Road, Bentley WA 6102.

We will notify you when an order is ready. You must collect it within three days after that notification or contact us promptly to make another arrangement.

If an order remains uncollected seven days after the ready-for-collection notification, we may cancel it after making reasonable attempts to contact you. Any refund and permitted deductions will be handled under our Refund Policy.

Responsibility for the care of an order passes to you when it is collected. This does not affect rights relating to a problem that existed when the product was supplied.

7. Delivery

Delivery within the Perth metropolitan area may be arranged separately by contacting online@kambagc.com.au or (08) 9458 5944. Delivery is not automatically included in an online order, and we do not dispatch or deliver interstate.

A delivery fee depends on the distance, access requirements and size of the order and will be agreed before delivery. Delivery may be completed by our staff or by a delivery provider acting on our behalf.

You must provide an accurate address, safe access and any relevant delivery instructions. Responsibility for the care of products passes to you when they are delivered to the agreed location, subject to your rights under the Australian Consumer Law.

8. Changes, Cancellations and Change of Mind

Contact online@kambagc.com.au or (08) 9458 5944 as soon as possible if you need to change or cancel an order.

Kambarang Garden Centre is not required to provide a refund, exchange or store credit for change of mind. We may agree to one at our discretion and may impose the reasonable conditions stated in our Refund Policy.

Where we agree to a change-of-mind cancellation, or cancel an uncollected order because the customer has not collected it, we may deduct only the actual payment-processing fee that Shopify or PayPal does not return to us and any other actual loss expressly permitted by our Refund Policy.

No deduction applies to a remedy required by the Australian Consumer Law or when we cancel an order because we cannot supply it.

9. Australian Consumer Law

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms or another Kambarang policy excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.

For a major problem with a product, you may choose a refund or replacement. You may also choose to keep the product and seek compensation for its reduction in value. For a minor problem, we may choose an appropriate remedy in the first instance. Further remedies may become available if the problem cannot be remedied within a reasonable time.

We may assess a product before providing a remedy and may ask for reasonable proof of purchase. An original receipt is not the only acceptable form of proof.

If a product is confirmed to have a problem covered by the consumer guarantees, we will reimburse reasonable return costs. For a large, heavy or difficult-to-return faulty product, we will arrange collection or otherwise meet our obligations under the Australian Consumer Law.

Consumer guarantees do not apply to deterioration or damage caused by neglect, unsuitable conditions, incorrect planting, misuse or other events occurring after supply. This limitation is based on the cause of the problem and does not impose a fixed claim period.

Further information about plant assessment, representative photographs and biosecurity precautions is contained in our Refund Policy.

10. Intellectual Property

Unless otherwise stated, the Website and its text, photographs, graphics, branding, layout and other content are owned by or licensed to WA Nurseries Pty Ltd and are protected by applicable intellectual-property laws.

You may view and use Website content for ordinary personal shopping and reference. You must not reproduce, publish, sell, commercially exploit or substantially extract Website content without our written permission, except where permitted by law.

11. Privacy

Our collection, use, storage and disclosure of personal information are described in our Privacy Policy.

12. Website Information, Availability and External Links

We take reasonable steps to maintain the Website, but do not guarantee uninterrupted or error-free access. We may suspend access for maintenance, security or operational reasons.

Garden and plant-care information on the Website is general information. Results depend on factors including location, soil, water, weather, planting method and ongoing care. You remain responsible for deciding whether a product or recommendation is suitable for your circumstances.

The Website may contain links to external websites for convenience. We are not responsible for external content, availability or privacy practices.

To the extent permitted by law, we are not liable for loss caused solely by circumstances outside our reasonable control. This clause does not limit liability or remedies that cannot lawfully be limited, including under the Australian Consumer Law.

13. Account or Website Access

You may stop using the Website or request closure of your customer account at any time, subject to records we reasonably need to retain for completed transactions or legal obligations.

We may suspend or restrict access where reasonably necessary to address fraud, security threats, unlawful conduct, serious misuse or a material breach of these Terms. Suspension does not affect rights or obligations arising from an accepted order unless the order is also lawfully cancelled and refunded.

14. Resolving Concerns

If you have a concern about an order or the Website, contact online@kambagc.com.au and provide details of the issue and the outcome you are seeking. We will attempt to resolve the matter in good faith.

Nothing in these Terms requires you to participate in paid mediation or prevents you from exercising a right to contact a regulator, consumer-protection body, tribunal or court.

15. Governing Law and Severability

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. This does not exclude any mandatory law or forum right that applies to you.

If a provision is found to be invalid or unenforceable, it will be read down or severed to the minimum extent necessary. The remaining provisions continue to apply.

16. Contact

Kambarang Garden Centre

75 Manning Road, Bentley WA 6102

online@kambagc.com.au

(08) 9458 5944

WA Nurseries Pty Ltd (ABN 73 622 870 222, ACN 622 870 222)

Effective date: 31 August 2026