These are the Terms and Conditions of MRG Horticulture Pty Ltd and MRG Horticulture OÜ (collectively "MRG Horticulture", "we", "us") on our website located at www.treegers.com, which is owned and operated by us. These Terms and Conditions also incorporate our Terms of Use, Disclaimer, and Privacy Policy, all of which can be found on our Website.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood, and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
1. eCommerce
While we take every care to ensure our online store is accurate and up-to-date, mistakes may occasionally occur (e.g., pricing errors or stock availability issues).
Please note that no agreement is formed when you submit an order through the Website. An agreement is formed when we process and accept your order, and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order. We will contact you to discuss your options, such as placing an order at the correct price, delaying your order, or exchanging your item for another. If we cannot fulfill your order, we will issue a full refund as soon as possible.
2. Payment
You agree to pay the purchase price listed on the Website (subject to the proviso above in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time with notice, and such notice is given by posting the updated price on our Website.
You acknowledge that payment in full is a condition of this agreement. Any failure to make full payment will entitle us to terminate the agreement immediately. If your payment is returned or denied by your financial institution, you’ll be liable for any associated costs incurred by us.
We currently accept payments by credit card or bank transfer. [AR1]
In making a payment, you warrant that you’ve read and agreed to the terms of any third-party payment gateway or processor (e.g., PayPal, AfterPay, or ZipPay), which are available on their respective websites. We are not responsible for any issues, loss, or damage arising out of those third-party facilities.
3. Discounts and Coupon Codes
Discounts and coupon codes may be offered from time to time. These offers are not available in conjunction with any other offer. Discounts and coupon codes are available for a limited time or until stocks last. They are non-transferable and are not redeemable for cash under any circumstances. We reserve the right to revoke any discount offer or coupon code at any time without notice.
4. Postage and Delivery
We deliver to Australia, New Zealand, and certain international destinations. Delivery fees are calculated at checkout.
a) Rates
You agree to pay the applicable postage fees as calculated at checkout. If there’s an error in the calculation of postage costs, we will contact you to discuss options (such as paying any additional costs or modifying your order).
b) Dispatch Timeframes
We process all orders within 24 hours of receipt of payment. Once processed, orders will be dispatched as soon as possible.
c) Delivery Timeframes
Delivery times will vary depending on the destination and the delivery service provider. As a guide, orders should arrive within 5-7 business days unless otherwise advised.
d) Delivery Address
It is your responsibility to ensure the accuracy of your postal address. We will not be responsible for failed deliveries due to incorrect details. If the order is returned to us due to your error, we may require you to pay further postage fees or terminate this agreement and issue a refund.
e) Orders Lost in Transit
If you believe your order has been lost or misdelivered, please contact us as soon as possible. While we will investigate the issue, we do not accept responsibility for lost or misdelivered orders. Our liability is limited to the amount of compensation we can recover from the delivery service provider.
f) Risk
Risk in each order passes to you on delivery to your nominated address. If you request an unattended delivery, the order will be deemed to have been delivered when left at the address.
5. Events Beyond Control
If circumstances beyond our control (e.g., strikes, extreme weather events, or service failures) affect our ability to dispatch your order, we release ourselves from any obligation to dispatch the order while those circumstances persist. We may cancel or delay your order and will contact you to discuss solutions.
6. Advice and Information
We may provide advice or information on products. While we provide this information in good faith, we do not guarantee its accuracy or reliability. You should seek appropriate professional advice where necessary.
7. Consumer Rights
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Australian Customers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), which is part of the Competition and Consumer Act 2010 (Cth). You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage.
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New Zealand Customers: Our goods come with guarantees under the New Zealand Consumer Guarantees Act 1993 (CGA). You are entitled to a replacement or refund if the goods fail to meet the guarantees under this Act.
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EU/UK Customers: For customers in the EU or UK, we comply with the applicable consumer protection laws, including the Consumer Rights Directive (EU) and the Consumer Protection from Unfair Trading Regulations (UK). You have the right to cancel the purchase within 14 days after receipt of goods and receive a full refund, subject to certain conditions.
8. Refund Procedure
If your goods are damaged or defective on delivery, please contact us immediately to arrange a return, exchange, or refund. For any claims under warranty or consumer protection laws, please inform us as soon as possible.
9. Intellectual Property
All intellectual property rights, including trademarks, remain the sole property of MRG Horticulture. Nothing in these terms transfers ownership of any intellectual property to you.
10. Dispute Resolution
In case of a dispute, we encourage you to contact us directly to resolve the issue. If we cannot resolve it within 30 days, we may seek mediation in your country, with costs shared equally. If the dispute remains unresolved, either party may terminate the mediation and proceed with legal action.
11. Variation
We can change these terms at any time by updating this document on our website. Changes take effect immediately upon posting.
12. Severance
If any part of these conditions is found to be void or unenforceable, that part will be severed, and the rest of the agreement will remain in force.
13. Termination
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. Upon termination, we will refund any amounts paid for undelivered goods.
14. Jurisdiction
These terms are governed by the laws of the country where you reside. In the event of any dispute, the exclusive venue for resolving any dispute will be in the courts of your country, state, or territory.
This document was last updated on 25th April 2025.