Terms of service

Terms & Conditions

Effective Date: 15 October 2026

Welcome to Mountain View Nursery. Throughout these Terms & Conditions, the terms "we", "us" and "our" refer to Mountain View Nursery.

These Terms & Conditions govern your use of our website and the purchase of products and services from Mountain View Nursery.

By accessing our website, placing an order or using our products and services, you agree to these Terms & Conditions, subject to any rights you may have under applicable law.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law (ACL).

1. General

Mountain View Nursery operates an online plant nursery based in Moruya, New South Wales, supplying customers throughout selected regions of New South Wales and the Australian Capital Territory.

These Terms & Conditions apply to all users of our website, including customers, browsers and account holders.

We reserve the right to update these Terms from time to time. Any changes will take effect once published on our website.

Changes to these Terms will apply prospectively and will not alter the conditions applicable to orders already accepted unless otherwise agreed or permitted by law.

Continued use of our website following an update constitutes acceptance of the revised Terms for future use and purchases.

2. Products and Availability

Plants are living products, and stock levels, condition and availability can change quickly.

While we make every effort to maintain accurate stock levels, descriptions and availability on our website, we cannot guarantee that every product displayed online will always be immediately available.

Some plants may require additional growing time or sourcing from our network of trusted growers and suppliers.

If an item becomes unavailable after an order has been placed, we will contact you to discuss the most suitable solution. This may include:

  • Recommending a suitable alternative, subject to your agreement.
  • Delaying the affected item until stock becomes available, where agreed.
  • Providing a refund for the affected item.
  • Cancelling the affected item and issuing an appropriate refund.

We will not substitute an ordered product with a materially different variety, size or product without your agreement.

Where we are unable to fulfil an order as agreed, we will provide an appropriate remedy in accordance with Australian Consumer Law.

3. Product Images and Descriptions

We endeavour to provide accurate descriptions, photographs and information for all products.

As plants are living products that change naturally with the seasons and continue to grow over time, product images may show mature specimens, flowering plants or fruiting examples to illustrate how a plant may appear throughout the seasons or at maturity.

The plant supplied may vary from website images in size, colour, foliage, shape, maturity and general appearance.

Colour representation may also vary between screens and devices.

Natural variations are to be expected, provided the plants supplied remain consistent with their descriptions and meet applicable consumer guarantees.

If you have questions about a particular plant, size or specification, we encourage you to contact us before placing your order.

4. Order Processing and Timeframes

Mountain View Nursery carries a large and continually changing range of living plants.

While many orders can be fulfilled quickly from stock held at our Moruya nursery, some products are sourced from our network of growers and suppliers after an order is placed.

Our team will generally confirm availability and, where necessary, provide an estimated timeframe within approximately five (5) business days of receiving your order.

Please allow up to twenty-eight (28) calendar days from the date of order for your order to be sourced and prepared for collection or delivery.

While we aim to complete orders within this timeframe, supplier, freight, growing or seasonal delays may occasionally result in longer fulfilment times.

Where this occurs, we will make reasonable efforts to notify you and provide an updated estimated timeframe.

Many orders will be ready sooner. Longer preparation times are more common during peak periods such as spring, major promotions and periods of high seasonal demand, and for orders containing:

  • Plants sourced from external growers or suppliers.
  • Bulk quantities or large landscaping orders.
  • Tube stock or young plants.
  • Rare, seasonal or limited-availability varieties.
  • Special Order items sourced specifically for a customer.

Supplier and freight schedules can change after an order has been placed. This may affect when stock arrives at our nursery and, consequently, when your order can be completed.

Where an order contains multiple items, we may wait until all items have arrived before scheduling collection or delivery unless an alternative arrangement has been agreed with you.

Any timeframe, supplier arrival date, collection date or delivery date provided by us is an estimate unless we expressly confirm in writing that a particular date is guaranteed.

If you require plants by a specific date, such as for landscaping works, an event or a scheduled planting project, please contact us before placing your order so we can confirm whether that timeframe is achievable.

If we become aware of a material delay affecting your order, we will make reasonable efforts to update you and discuss available options, which may include:

  • An updated estimated fulfilment timeframe.
  • A suitable alternative product.
  • Partial fulfilment of the order.
  • Cancellation or refund of affected items, where appropriate.

Nothing in this section limits any rights or remedies available under Australian Consumer Law, including where an order is not supplied within an agreed or legally required reasonable timeframe.

5. Pricing

All prices displayed on our website are in Australian Dollars (AUD).

Prices are subject to change without notice.

The price confirmed at checkout will generally apply to your order, subject to correction of obvious pricing errors and applicable law.

Despite our best efforts, pricing errors or inaccuracies may occasionally occur.

Where an obvious pricing error is identified, we will contact you to discuss the available options.

Where necessary and legally permissible, we may cancel the affected item or order and provide an appropriate refund.

6. Orders and Cancellations

By placing an order, you agree to provide accurate and complete information.

We reserve the right to refuse, limit or cancel an order where:

  • Stock is unavailable.
  • Payment cannot be processed.
  • Fraudulent or suspicious activity is suspected.
  • Incorrect or incomplete information has been supplied.
  • There has been an obvious pricing or website error.

Where Mountain View Nursery cancels an order and is unable to supply the agreed products, any payment received for the cancelled items will be refunded in accordance with applicable law.

Customer-Requested Cancellations

If you wish to cancel an order, please contact Mountain View Nursery as soon as possible.

As we may begin sourcing, allocating or preparing plants shortly after receiving an order, cancellation requests are assessed according to the order's current fulfilment status.

Where an order has not yet been sourced, prepared or dispatched, we will make reasonable efforts to accommodate your cancellation request.

Approved cancellations requested due to change of mind may be subject to a reasonable cancellation fee to recover non-refundable payment-processing charges and other costs or losses already incurred in connection with the order and its cancellation.

Any applicable cancellation fee will be limited to reasonable, substantiated costs or losses directly associated with the order and its cancellation.

Where a cancellation is approved, we will advise you of any applicable deductions and the remaining refund amount.

Once an order has been sourced, prepared or dispatched, cancellation may no longer be possible for change-of-mind reasons.

Special Orders are subject to the additional conditions outlined in Section 9.

No cancellation fee will apply where a refund or cancellation is required under Australian Consumer Law, including where Mountain View Nursery is unable to fulfil an order as agreed.

For further details, please refer to our Returns, Refunds & Cancellations Policy.

7. Delivery

Delivery areas, zones, order minimums and delivery fees are outlined on our Delivery Areas page and may change from time to time.

We currently service selected regions throughout New South Wales and the Australian Capital Territory.

Customers are responsible for ensuring all delivery information is accurate and complete.

Additional reasonable charges may apply where:

  • Incorrect or incomplete delivery information has been provided.
  • Delivery cannot be completed due to restricted or unsafe access.
  • Redelivery is required due to circumstances within the customer's control.

Any additional charges will be communicated before further delivery arrangements are made.

Delivery timeframes provided by Mountain View Nursery refer to the anticipated delivery of an order after the required stock has been sourced and the order is ready for dispatch.

The order preparation and sourcing timeframes outlined in Section 4 apply separately.

Delivery dates and timeframes are estimates unless expressly confirmed by us in writing as guaranteed.

Delivery may be affected by weather conditions, supplier or transport delays, property access, seasonal demand and other circumstances beyond our reasonable control.

Where a delivery issue arises due to circumstances within our responsibility, we will provide an appropriate remedy in accordance with Australian Consumer Law.

8. Click & Collect

Customers collecting orders are responsible for arranging collection within the timeframe advised by our team.

We will notify customers when their order is ready for collection.

Orders should be inspected upon collection, and any concerns should be raised with us as soon as reasonably practicable.

Once collected, customers are responsible for taking reasonable care when transporting and handling their plants.

Mountain View Nursery is not responsible for damage caused by improper handling or transportation after collection, except where responsibility otherwise arises under Australian Consumer Law.

9. Special and Custom Orders

A Special Order includes plants, varieties, sizes or quantities sourced specifically for a customer, including tube stock, bulk quantities and other stock we would not ordinarily hold or order in that form.

Because Special Orders require us to commit to stock with growers or suppliers, they are generally not eligible for cancellation or refund due to change of mind once sourcing, ordering or allocation has commenced, except where otherwise agreed by Mountain View Nursery or required by law.

If a cancellation request is made before we have committed to the stock, we may agree to cancel the order, subject to the cancellation conditions outlined in Section 6.

Where sourcing or ordering has already commenced, we may, at our discretion, agree to a cancellation or partial refund due to change of mind.

Any refund may be reduced to account for reasonable, substantiated and non-recoverable costs or losses directly associated with the order and its cancellation, including:

  • Supplier commitments or cancellation charges.
  • Freight or transport costs already incurred.
  • Handling or preparation expenses.
  • Stock sourced specifically for the customer.
  • Reasonable administrative and payment-processing costs.

Any applicable deductions will be assessed individually and communicated to the customer.

Supplier availability and estimated arrival dates may change due to growing conditions, seasonal availability, freight schedules or supplier delays.

Where a Special Order forms part of a larger order, a delay or issue affecting that item does not automatically entitle the customer to cancel or receive a refund for unaffected items, except where required by law.

If we are ultimately unable to supply a Special Order item, we will contact you to discuss an appropriate alternative, replacement or refund.

Nothing in this section excludes, restricts or modifies any rights or remedies available under Australian Consumer Law.

10. Living Plants

Plants are living products, and their ongoing health and performance depend on many factors beyond our control, including:

  • Soil quality.
  • Planting conditions.
  • Climate and weather.
  • Watering practices.
  • Pests and diseases.
  • General care and maintenance.

For this reason, we cannot guarantee the long-term growth, performance or survival of plants once they have left our care.

Mountain View Nursery is not generally responsible for plant decline or damage caused by improper care, unsuitable growing conditions, neglect or other circumstances outside our control after delivery or collection.

However, this does not affect any rights you may have under Australian Consumer Law, including where a plant was faulty, unhealthy or otherwise failed to meet applicable consumer guarantees at the time of supply.

11. Returns, Refunds & Cancellations

Our Returns, Refunds & Cancellations Policy forms part of these Terms & Conditions.

As plants are living products, we do not generally accept returns, exchanges or refunds for change of mind once an order has been delivered or collected.

Customers wishing to cancel an order before fulfilment should contact Mountain View Nursery as soon as possible.

Approved change-of-mind cancellations may be subject to reasonable cancellation fees to recover non-refundable payment-processing charges and other reasonable costs or losses already incurred in connection with the order and its cancellation.

Any applicable cancellation fees will be assessed individually and limited to reasonable, substantiated costs or losses.

Special Orders are subject to the additional conditions outlined in Section 9 of these Terms & Conditions.

Please refer to our Returns, Refunds & Cancellations Policy for full details regarding:

  • Order cancellations and applicable fees.
  • Returns and exchanges.
  • Damaged, unhealthy or incorrectly supplied plants.
  • Change-of-mind requests.
  • Special Orders.
  • Refund eligibility and processing.

Nothing in these Terms or our Returns, Refunds & Cancellations Policy excludes, restricts or modifies any rights or remedies available under Australian Consumer Law.

12. Marketing Communications

If you choose to subscribe to our email or SMS communications, you may receive:

  • Order updates and notifications.
  • Product announcements.
  • Seasonal gardening inspiration and advice.
  • Promotions and special offers.
  • Other information that may be of interest.

Marketing communications are only sent where you have provided consent or where otherwise permitted by applicable law.

You may unsubscribe from marketing emails at any time using the unsubscribe link included in our emails.

You may opt out of SMS marketing communications at any time by replying STOP, where supported, or contacting us directly.

Consent to receive marketing communications is voluntary and is not a condition of purchase.

The collection and use of personal information is governed by our Privacy Policy.

13. Website Analytics and Advertising

We may use cookies, pixels and similar technologies provided by third parties, including Shopify, Google, Meta and other advertising partners, to:

  • Understand how visitors interact with our website.
  • Improve our website and customer experience.
  • Measure advertising performance.
  • Personalise content and offers.
  • Deliver relevant advertising across websites and social media platforms.

These technologies are used in accordance with our Privacy Policy and applicable law.

For further information about how personal information is collected, used and disclosed, please refer to our Privacy Policy.

14. User Accounts and Customer Information

You agree to provide current, complete and accurate information when creating an account or placing an order.

You are responsible for maintaining the confidentiality of your account information.

We reserve the right to suspend or terminate accounts where fraudulent, misleading or unlawful activity is suspected, subject to applicable law.

15. User Content and Reviews

If you submit reviews, testimonials, photographs, comments or other content to Mountain View Nursery, you grant us a non-exclusive, royalty-free licence to use, reproduce, publish and display that content for promotional and marketing purposes.

You confirm that:

  • The content is your own or you have permission to provide it.
  • The content does not infringe the rights of others.
  • The content is not unlawful, defamatory or misleading.

We reserve the right to remove user-submitted content from our website or platforms at our discretion.

Any use of customer content will remain subject to applicable privacy, consumer protection and intellectual property laws.

16. Third-Party Services

Our website and services rely on third-party providers, which may include:

  • Shopify.
  • Klaviyo.
  • Google.
  • Meta.
  • Payment processors.
  • Delivery and logistics providers.
  • Other service providers and technology partners.

We are not responsible for the independent policies, practices or availability of third-party services or websites.

Use of third-party services may also be subject to the terms and conditions of the relevant provider.

Nothing in this section excludes any responsibility Mountain View Nursery may have under applicable law for products or services supplied to customers.

17. Electronic Communications

By placing an order or creating an account, you acknowledge that Mountain View Nursery may send electronic communications reasonably necessary to process and manage your purchase or account.

These may include:

  • Purchase confirmations and order updates.
  • Delivery and collection notifications.
  • Responses to enquiries.
  • Account activity notifications.
  • Customer service communications.

Marketing communications will only be sent where you have provided consent or where otherwise permitted by applicable law.

Electronic communications may include email, SMS messages and other digital notifications.

18. Website Use and Intellectual Property

You agree not to:

  • Use the website for unlawful purposes.
  • Interfere with the operation or security of the website.
  • Upload or distribute malicious code.
  • Misuse information contained on the website.
  • Engage in fraudulent or misleading conduct.

All content appearing on this website, including text, photographs, graphics, logos and branding, remains the property of Mountain View Nursery or its respective rights holders unless otherwise stated.

Such content may not be copied, reproduced or used without prior written consent, except where permitted by law.

19. Events Outside Our Control

We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including:

  • Severe weather events.
  • Bushfires or floods.
  • Transport disruptions.
  • Supplier shortages or delays.
  • Plant disease outbreaks.
  • Industrial action.
  • Government restrictions.
  • Other unforeseen events beyond our reasonable control.

Where such circumstances affect an existing order, we will make reasonable efforts to communicate material delays and available options to the customer.

Depending on the circumstances, these options may include revised fulfilment arrangements, suitable alternatives, partial fulfilment or an appropriate refund.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.

20. Australian Consumer Law

Our products come with consumer guarantees under the Australian Consumer Law that cannot be excluded by these Terms & Conditions.

These guarantees include requirements that products:

  • Are of acceptable quality.
  • Are reasonably fit for their intended purpose.
  • Match their description.
  • Match any applicable sample or demonstration model.

Where a product fails to meet an applicable consumer guarantee, customers may be entitled to a refund, replacement or other appropriate remedy, depending on the circumstances.

For a major failure, customers generally have the right to choose between a refund and replacement.

For a minor failure, Mountain View Nursery may determine an appropriate remedy in accordance with Australian Consumer Law.

The following statutory consumer guarantee statement applies:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing contained in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy available under Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

Any exclusion or limitation contained elsewhere in these Terms applies only to the extent permitted by law.

For further information about your rights, visit the Australian Competition and Consumer Commission (ACCC).

21. Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia.

Nothing in this section limits any rights or remedies available to customers under applicable Australian consumer protection laws.

22. Contact Us

If you have any questions regarding these Terms & Conditions, your order or our policies, please contact us.

Mountain View Nursery

Email: contact@mountainviewnursery.com.au

Phone: 0483 939 905

Location: Moruya, New South Wales, Australia