Terms of service

Terms & Conditions

Effective Date: 21 September 2026

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

By accessing our website, placing an order, or using our products and services, you agree to these Terms & Conditions.

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.

Continued use of our website following an update constitutes acceptance of the revised Terms.

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;

  • delaying the affected item until stock becomes available;

  • providing a refund for the affected item; or

  • cancelling the affected item.

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.

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; or

  • 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 only unless we expressly confirm in writing that a particular date is guaranteed.

If you require plants by a specific date — for example, 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 provide a revised estimated timeframe. Where appropriate, we may also discuss alternatives, partial fulfilment or other available options.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.

5. Pricing

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

Prices are subject to change without notice.

Despite our best efforts, pricing errors or inaccuracies may occasionally occur. We reserve the right to correct such errors and, where necessary, cancel an affected item or order and provide an appropriate refund.

6. Orders

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; or

  • there has been an obvious pricing or website error.

Where we cancel an order, any payment received for the cancelled items will be refunded accordingly.

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 charges may apply where:

  • incorrect or incomplete delivery information has been provided;

  • delivery cannot be completed due to restricted or unsafe access; or

  • redelivery is required.

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 only 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.

8. Click & Collect

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

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

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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 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.

Where sourcing or ordering has already commenced, we may, at our discretion, offer a cancellation or partial refund as a goodwill exception. Any refund may be reduced to account for reasonable, non-recoverable costs already incurred, including supplier commitments, freight, handling or stock sourced specifically for 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 available under the 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; and

  • 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.

This does not affect any rights you may have under the Australian Consumer Law in relation to the condition or quality of a plant at the time it was supplied.

11. Returns and Refunds

Our Returns Policy forms part of these Terms & Conditions.

Please refer to our Returns Policy for further information regarding refunds, exchanges, damaged goods and change-of-mind requests.

Special Orders are also subject to the conditions outlined in Section 9 of these Terms.

Nothing contained in these Terms or our Returns Policy excludes, restricts or modifies any rights available under the 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; and

  • 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 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; and

  • deliver relevant advertising across websites and social media platforms.

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

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.

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; and

  • 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.

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; and

  • 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.

17. Electronic Communications

By placing an order, creating an account or subscribing to communications, you consent to receiving electronic communications from Mountain View Nursery relating to:

  • purchases and order updates;

  • enquiries;

  • account activity;

  • customer service; and

  • marketing communications where you have provided consent.

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; or

  • 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 unless otherwise stated and may not be copied, reproduced or used without prior written consent.

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, floods, transport disruptions, supplier shortages or delays, plant disease outbreaks, industrial action, government restrictions or other unforeseen events.

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

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

20. Australian Consumer Law

Nothing contained in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy available under the 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.

21. Governing Law

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

22. Contact Us

If you have any questions regarding these Terms & Conditions, please contact us:

Mountain View Nursery

📧 contact@mountainviewnursery.com.au

📍 Moruya, New South Wales, Australia