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Terms and Conditions

Terms and ConditionsPeter Vandenberg

Any Bare Root Rose / Peony orders received now will be shipped during June – End of August 2018 (Peonies from mid-June – Roses from the end of June). All orders are shipped strictly in order of receipt. Mixed orders containing roses and perennials/peonies will be shipped from late June/July – End 0f August 2018.

We cannot give an estimate on when your bare-rooted rose order will arrive.  All bare-rooted roses orders are shipped During the period mentioned above and you will receive your order during this time.

Product Availability

If you would like substitutes for unavailable roses, please note this under customer notes about your order on the checkout page or feel free to send us an email with your substitute selections. If no substitutes are listed unavailable roses will be substituted with the closest available product before shipping.  All unavailable products will be noted on your order invoice.

If you do not wish to receive substitutes, please note this on your order and we will carry the unavailable roses from your order over to the next year’s season.  There will be no additional shipping charged and we will send your order/unavailable roses during the following bare-rooted rose season.

Due to The Garden Trough having multiple sales avenues some products may become unavailable (perennials and peonies). If a product becomes unavailable it will be noted on your invoice and cost will be removed from the unavailable products.

*Listed perennials are available from March to November or until sold out. There is no minimum amount for any order.

*Peonies are available from June to early October. There is no minimum amount for any order.

*We will ship perennials and peonies during November – April, depending on weather conditions. Hot periods will cause a delay in your order shipping.

How to order:

Phone: Place your order by phoning 0418 599 229 during business hours (10am – 1:30pm, Mon – Fri).

Online: Enjoy the convenience of ordering online with our secure site.

Additions: Please call us to add to your current order. We will accept additions to your original order, dependent upon availability. Separate order will be dispatched as individual orders.

Freight and Packing Charges

*Unfortunately, Mistydowns / The Garden Trough does not ship to the Northern Territory, Tasmania or Western Australia.

All products are shipped via Australia Post and shipping charges are calculated directly from Australia Post on our website when you enter your postcode.  The Garden Trough includes a charge of $3.50 as part of your shipping costs for materials and packing costs.

Please note during June – August orders may be delayed.  Please allow up to 6 – 8 weeks to receive your order during this period.

Payment

Credit Card Payments: are captured and processed via Stripe.  No information is stored on our website or servers.

PayPal Payments: Funds are captured and charged at the time of placing your order. If additions are added to your order a PayPal invoice will be issued for any outstanding charges. No orders will ship until all outstanding balances are paid in full.

By accepting these terms and conditions you authorise The Garden Trough to charge your credit card stored with PayPal or your PayPal account for any outstanding balance on your order.

If You would prefer to pay by Cheque, please place your order and then write your name and invoice number on the back of your Cheque. If full payment is not received within 5 business days of placing your order we will, unfortunately, must cancel your order.

If you would prefer to pay via Bank Transfer, please place your order online and then transfer the invoice total to our nominated bank account on your order invoice (Making sure to use your order number in the reference field).  If payment is not received within 5 business days, we will unfortunately have to cancel your order.

A Tax Invoice will be emailed when your order is shipped.

Cancelled orders due to customer error/incorrect ordering will incur a 25% restocking and administration fee.  This will be deducted before any refund is issued.

Errors

From time to time, there may be errors on our websites such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

Special Delivery Instructions

If you are going to be away for a period or if you have any special delivery instructions, please mark these clearly on the Order Form/Notes About your Order on the checkout page.

Dispatch

Roses (bare-rooted) will be sent from late June to the end of August 2018. Orders will be filled strictly in order of receipt. All parcels will be sent through Australia Post with tracking number unless otherwise instructed.

*Perennials will be sent out all year round. Orders may be delayed during warmer weather. Please allow between 4-6 weeks for delivery in summer. We will only send orders when the weather is cool enough to transport plants. Orders will be filled strictly in order of receipt. All parcels will be sent via Australia Post, by receipted delivery unless otherwise instructed.

*Peonies will be sent out all year round (bare-rooted from June – End August and Potted in 120mm x 180mm pots all other times). Depending on stock availability. Orders will be filled strictly in order of receipt. All parcels will be sent by Australia Post by receipted delivery unless otherwise instructed.

Mixed Orders: If your order contains perennials and bare-rooted roses/peonies we will split your order and ship the perennials when your order is placed and the bare-rooted products in winter during July/August. This will incur additional shipping charges. An easy alternative is to place separate orders for your perennials and bare-rooted products. Mixed orders during the bare-root season will be sent as 1 consignment. Split orders will not ship until the additional shipping charges are paid.

*We will ship perennials and peonies during November – April, depending on weather conditions. Hot periods will cause a delay in your order shipping.

Packing Methods

All roses are carefully packed and individually labelled for planting convenience and safe transit. Roses are suitably wrapped and sealed to retain moisture and packed in a cardboard carton for posting. Roses travel extremely well and are sent by us throughout Australia. They should remain fresh for at least two weeks whilst in transit. When your plants arrive unpack the parcel immediately and soak the roses in water overnight. When planting do not allow to dry out.

All perennial and peonies are carefully packed and individually labelled for planting convenience and safe transit. When your plants arrive unpack the parcel immediately and water well. You may plant out at your leisure and water on a regular basis until plants have settled in.

Availability (Perennials and Peonies)

Our range is very extensive, and it is difficult to predict in advance our customer’s requirements. At times some products become sold out or we may deem a product not suitable to send. In case we are unable to supply a product in your order please list any substitutes that would be suitable. If substitutes are not listed, then we will not substitute unavailable products. Unavailable products will be left in your order with a note they are unavailable and a refund for any unavailable products will be issued.

*Please note our catalogues are produced well before our crop is dug. If plants are not mature or in top order, we will withdraw from sale until next year.

 Size and Quality

Our range of roses is very diverse, from Modern vigorous Hybrids to Old Fashioned to the very Ancient China and Species Roses. The saleable size of certain varieties varies considerably which should be taken into consideration if you are ordering different types of roses. Bare rooted rose plants are generally 30 – 40cm long with one, two or three stems. In the first stages of growth, many varieties only produce one stem. Every care is taken to ensure only the best quality plants available of each variety are dispatched in your order.

Warranty/Returns

Here at The Garden Trough we make every effort to supply plants of suitable quality and of the variety specified at time of sale. Our roses, perennials and peonies are packed with care and should arrive in good condition. If you have any doubts about the condition or quality, please contact us within 48 hours of receiving your delivery. We cannot except responsibility for breakages during transport. We have no control how your package is treated once it leaves our care. If a plant is damaged and does not recover we will happily issue a credit for the damaged plant.

Losses

Roses and Peonies: The Garden Trough guarantee applies until the bare – rooted plant has broken dormancy and produced foliage. Plants are a living product, its performance will depend on the growing conditions and how it is cared for, which are factors beyond our control. We cannot therefore automatically accept responsibility for losses. If your plant has received our recommended care and doesn’t perform to your satisfaction, please speak to one of our friendly staff on (03) 5373 8035 as soon as possible. We do not guarantee roses or peonies planted away from the residence of the purchaser.

All claims must be made before the 30th of October in the year of purchase. We will require photo verifications and, in some cases, may request return of plants with a soil sample.

Incorrect variety – If you believe an incorrect or incorrectly labelled variety has been delivered to you, please contact us during the summer of the year of purchase and a credit will be issued. Photographic proof of the rose clearly showing Mistydowns/The Garden Trough label will be required.

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays were and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.

Under-stock

At the Garden Trough all our roses are budded onto virus free under-stock. We use Multiflora. This under-stock thrives in neutral soil with a pH of 6.5 – 7. Extreme soil types may require conditioning.

Trading Hours
Office Hours: 10am to 1:30pm, Monday to Friday
Closed 20th December – 16th January (no orders will ship during this period)

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