1. Terms and conditions of use

    1. This Screening Trees WA website (“this website”) is owned and operated by Screening Trees WA.
    2. Your access to this website is subject to these terms and conditions, notices, disclaimers and any other terms and conditions or statements contained on this website (referred to collectively as “Terms and Conditions”).
    3. Screening Trees WA reserves the right to make changes to the Terms and Conditions.
    4. You agree that your use of this website is subject to and in accordance with the Terms and Conditions.
    5. In these Terms and Conditions:
      1. “Customer” means you;
      2. “Goods” means goods ordered through this website; and
      3. “Pre-determined Delivery Point” means a point of delivery specified by the Customer.
  2. Information on this website

    1. You assume total responsibility and risk for your use of this website.
    2. This website contains information and images obtained from sources which are believed to be reliable. While care has been taken to ensure that the information and images on this website are correct, and that the sources are reliable, no representation or warranty, express or implied, is made that the information and images on this website are correct to the variety not the size of the plant ordered, or that the sources of such information and images are reliable.
    3. It is solely your responsibility to evaluate and check the accuracy of all information and images on this website.
    4. Images displayed on www.screeningtreeswa.com.au will be the plant variety in the bag in which it is currently planted or similar, depending on the size selected to view. These images are as accurate as possible, depending on the season and growth of plants. Customers will not receive a plant of lesser size than what is displayed in the images.
    5. Screening Trees WA accepts no liability for errors or omissions in the information and images on this website, or for any loss of whatsoever nature suffered by any person as a result of relying on the information and images on this website.
    6. When completing any survey that is sent by Screening Trees WA to you via the registered email that you have used, you allow Screening Trees WA to use your feedback, which may include your first name and suburb for promotional purposes only.
  3. Endorsement of external links

    1. Screening Trees WA makes no warranty or representation, express or implied, and accepts no liability, with respect to the information or materials on any external sites with links on this website.
  4. Prices

    1. Prices quoted on this website are subject to change from time to time in the discretion of Screening Trees WA.
  5. Delivery

    1. Screening Trees WA will deliver Goods to a Pre-Determined Delivery Point nominated by the Customer –
      1. Delivery is subject to receipt by Screening Trees WA of payment in full for the Goods and associated delivery rates.
    2. Screening Trees WA will deliver up to 20 trees and/or associated products per order, unless prior agreement with Screening Trees WA to deliver orders in excess of 20 trees and/or associated products and the Customer has paid the agreed delivery rates in full prior to the truck leaving our nursery.
    3. It is incumbent on the customer to ensure there is a responsible person available at the time of delivery to accept the Goods . If the Customer is not present at the Delivery Point at the time of delivery of the Goods, Screening Trees WA will not leave the Goods at the Pre-Determined Delivery Point, unless:
      1. Instructions to do so have been provided by the Customer during the checkout process in the online shop on the Screening Trees WA website, or
      2. if prior arrangement has been made with Screening Trees WA, or
      3. if the Screening Trees WA representative deems it safe to do so.
    4. Proof of delivery, receipt and acceptance will be provided for signature by the Customer or nominated responsible person by the Screening Trees WA representative, and a copy provided for recordkeeping purposes, unless:
      1. instructions to leave the Goods at an unattended Pre-Determined Delivery Point have been provided by the Customer during the checkout process in the online shop on the Screening Trees website, or
      2. by prior arrangement with Screening Trees WA.
        In this instance, proof of delivery will be signed by the Screening Trees WA representative only and left for the Customer with the Goods.
    5. Delivery to the Pre-Determined Delivery Point will be arranged with the Customer by Screening Trees WA, and an approximate delivery time provided. However, in the event of a delay, the customer or nominated responsible person will be contacted to advise of the revised delivery time.
    6. Screening Trees WA delivery does take place on Saturday, Sunday or public holidays, unless with prior arrangement and agreement with Screening Trees WA.
    7. The Goods are at the Customer’s risk as and from the time when the Goods are delivered at the Pre-Determined Delivery Point.
    8. Screening Trees WA will deliver the Goods to the front entrance, ground floor of the property, unless alternative arrangements have been made by the Customer with, and agreed to, by Screening Trees WA prior to the Goods leaving our nursery for delivery.
    9. Screening Trees WA shall not be liable in any way whatsoever for damage caused or alleged to have been caused to the Customer’s property by the entry thereon by Screening Trees WA or its representatives. The Customer shall indemnify Screening Trees WA and keep Screening Trees WA indemnified against all liability in respect of any damage to the Customers property, Screening Trees WA, its property and representatives and their property whilst upon the Customers property, this not being damage caused wilfully or by the negligence of Screening Trees WA or its representatives.
    10. In the event the incorrect post code for the Pre-Determined Delivery Point is chosen, the Customer will be contacted via email or phone and the difference between the incorrect and correct delivery charge will be either credited back or debited.
    11. In the event that the Customer chooses the incorrect post code for the Pre-Determined Delivery Point, Screening Trees WA has the right to debit the credit card for the difference. An email will be sent to the Customer to advise of the action taken as soon as practicable.
  6. Refund

    1. In the event that the Customer orders and pays for in full, Goods which Screening Trees WA is unable to supply, the liability of Screening Trees WA to the Customer is limited to refunding the purchase price and delivery charge for the Goods to the Customer.
    2. Any orders cancelled once the order has been placed, paid for in full, and the confirmation email has been received by Screening Trees WA or the customer, but has not yet been delivered by Screening Trees WA, will be refunded but will incur a 10% administration fee.
  7. Liability of Screening Trees WA

    1. Screening Trees WA will comply with the requirements of Australian Consumer Law outlined within Schedule 2 of the Competition and Consumer Act 2010.
    2. In line with Australian Consumer Law, Screening Trees WA will ensure the Goods delivered to Customers:
      1. are of acceptable quality,
      2. are fit for purpose, and
      3. either match or exceed the description of the Goods provided on our website – Screening Trees WA may supply a tree equal to or greater in height than what is described on our website as the minimum height of that product in our nursery.
    3. Screening Trees WA may agree to either repair, replace or provide a refund to our Customers, only if the Goods delivered do not meet the conditions outlined in clause 7.2
    4. Screening Trees WA may agree to either repair or replace Goods delivered that have been professionally installed by Screening Trees WA and fail, within a period of 2 weeks from delivery/installation, if:
      1. Customers contact Screening Trees WA via email, info@screeningtreeswa.com.au, as soon as the Customer becomes aware the Goods are failing to advise of, and describe, the failure, and
      2. Provide evidence the Goods were purchased from and installed by Screening Trees WA, and
      3. Have taken all reasonable steps to follow the ongoing maintenance and care instructions provided by Screening Trees WA at the time of delivery and/or installation.
    5. Screening Trees WA will not offer to replace the Goods or a refund to Customers should they change their minds about the Goods ordered after they have been delivered to the Pre-Determined Delivery Point, unless the Goods delivered are not what the Customer had ordered.
  8. Intellectual property

    1. The information and material contained on this website is protected by copyright.
    2. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of Screening Trees WA, or of the owner of the material in its original form, where Screening Trees WA is not the owner.
    3. Trade marks (whether registered or unregistered) and logos on this website must not be used or modified in any way without obtaining the prior written consent of Screening Trees WA, or of the owner of such trademarks and logos where Screening Trees WA is not the owner.
    4. Your use of this website must not in any way infringe the intellectual property rights of any person.
  9. Privacy

    1. In operating this website, Screening Trees WA collects personal information about you within the meaning of the Privacy Act 1988 (Cth).
    2. When collecting, using and disclosing your personal information, Screening Trees WA is committed to complying with the Australian Privacy Principles  from Schedule 1 of the Privacy Act 1988 (Cth) as far as practicable. For the latest version of the Australian Privacy Principles, visit: https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles
    3. You may check the information that we hold about you by emailing us.
    4. We will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
  10. No waiver

    1. A single or partial exercise or waiver of a right relating to these terms will not prevent any other exercise of that right or the existence of any other right.
  11. Severability

    1. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions will still be valid.
  12. Governing law

    1. This website and these Terms and Conditions are governed by and shall be construed in accordance with the laws of Australia and the State of Western Australia, and any disputes in relation to this website and/or Terms and Conditions terms shall be submitted to the exclusive jurisdiction of the courts of the State of Western Australia.

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