Australian Native Landscapes

1. Purpose and Australian Consumer Law

Australian Native Landscapes Pty Limited (ANL) is committed to complying with the Australian Consumer Law (ACL), including the statutory consumer guarantees applying to goods and services.

This policy explains:

• ANL's approach to refunds, returns, credits, exchanges and order cancellations;
• circumstances where ANL does not ordinarily provide a remedy for change of mind;
• the process for making and assessing claims; and
• the remedies available where the ACL applies.

Nothing in this policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the ACL.

Where there is any inconsistency between this policy and the ACL, the ACL prevails.

2. Consumer Guarantees

Where applicable, goods supplied by ANL come with consumer guarantees under the ACL.

These include guarantees that goods:

• are of acceptable quality;
• are reasonably fit for their normal purpose;
• are fit for a particular purpose made known to ANL where the requirements of the ACL are satisfied;
• correspond with their description;
• correspond with any applicable sample or demonstration model;
• comply with applicable express warranties; and
• otherwise satisfy the consumer guarantees imposed by the ACL.

Where ANL supplies services to which the consumer guarantees apply, those services will be provided:

• with due care and skill;
• so as to be fit for a particular purpose or achieve a particular result where the requirements of the ACL are satisfied; and
• within a reasonable time where no time has been agreed.

These rights apply automatically where the ACL applies and are not affected by ANL's change-of-mind policy.

3. Change of Mind

ANL is not required to provide a refund, credit, exchange or other remedy merely because a customer:

• changes their mind;
• decides they no longer want or require the product;
• finds the product cheaper elsewhere;
• selects or orders the wrong product;
• orders an incorrect quantity;
• over-orders;
• has surplus or unused material;
• incorrectly measures their requirements;
• experiences a project change, cancellation or delay; or
• otherwise no longer requires the goods for reasons unrelated to a failure to comply with the ACL.

Accordingly, ANL does not ordinarily provide refunds, credits, exchanges or returns in these circumstances.

This section applies only to change-of-mind circumstances and does not apply where the customer is entitled to a remedy under the ACL.

4. Customer Product Selection and Quantities

Customers are responsible for checking their product selection, measurements, quantities and project requirements before placing an order.

ANL may provide general product information, coverage information, calculators, conversion information or estimates to assist customers.

Actual quantities required may vary due to factors including:

• site measurements;
• application depth;
• compaction;
• settlement;
• moisture content;
• wastage;
• installation method;
• site conditions; and
• the characteristics of the particular material.

Accordingly, general quantity or coverage information should be treated as a guide and customers should verify their requirements before ordering.

Where a customer simply orders more material than required, this does not of itself create an entitlement to a refund, return or credit.

Nothing in this section limits any rights that may arise under the ACL where, for example, a customer makes a particular purpose or required result known to ANL and relies on ANL's skill or judgment in circumstances to which the relevant consumer guarantee applies.

5. Order Acceptance and Cancellation

An order becomes binding once it has been accepted by ANL.

The fact that goods are scheduled for collection or delivery at a future date does not, of itself, provide a customer with an entitlement to cancel an accepted order or receive a refund or credit.

Where no entitlement to cancellation exists under the ACL or another applicable law, ANL may nevertheless agree to amend or cancel an order at its discretion.

In considering such a request, ANL may take into account whether goods have already been:

• specially ordered or sourced;
• manufactured;
• processed;
• blended or mixed;
• cut or modified;
• bagged or packed;
• transferred between locations;
• allocated;
• loaded;
• dispatched; or
• delivered.

Where ANL agrees to a cancellation, return or credit that it is not legally required to provide, reasonable administration, handling, supplier, freight, collection or restocking costs associated with that request may be charged or deducted.

No such charge will be imposed where doing so would be inconsistent with a customer's rights under the ACL.

6. Bulk Landscape Materials

ANL does not ordinarily accept change-of-mind returns or provide change-of-mind refunds, exchanges or credits for bulk landscape materials.

Bulk materials include, but are not limited to:

• soils and soil blends;
• mulches;
• composts;
• soil conditioners;
• sands;
• gravels;
• aggregates;
• pebbles and decorative stone;
• road base;
• crusher dust; and
• other bulk landscape and construction materials.

This applies whether the material has been collected, delivered or remains unused.

Once material has been tipped, spread, installed, mixed with other materials, contaminated or otherwise incorporated into a site, ANL will not accept its return merely because the customer has changed their mind, over-ordered or no longer requires it.

Nothing in this section affects a customer's entitlement to a remedy where the goods fail to comply with an applicable consumer guarantee.

7. Natural and Processed Landscape Materials

Customers acknowledge that many products supplied by ANL are natural, quarried, recycled, composted, manufactured or blended landscape materials.

The characteristics of these products may naturally vary between batches.

Subject always to the ACL, variations may occur in matters including:

• colour and shade;
• texture;
• particle size;
• moisture content;
• density;
• organic content;
• compaction characteristics; and
• general appearance.

Website photographs, printed photographs and displays may not reproduce the exact appearance of natural products.

Where colour, texture or appearance is particularly important, customers are encouraged to inspect the current product or obtain an appropriate current sample before ordering.

Nothing in this section excludes ANL's obligations under the ACL, including applicable guarantees that goods correspond with their description or sample.

8. Special Orders and Custom Products

ANL does not ordinarily provide change-of-mind refunds, credits, exchanges or cancellations for goods specifically:

• sourced;
• manufactured;
• blended;
• mixed;
• cut;
• modified;
• packaged; or
• otherwise prepared

to meet a customer's requirements.

This includes special-order products, non-stock products and custom landscape material blends.

This restriction applies to change-of-mind requests only.

Where a special-order or custom product fails to comply with an applicable consumer guarantee, the customer's rights under the ACL continue to apply.

9. Used, Installed and Non-Resalable Goods

Where ANL is considering a discretionary change-of-mind return, ANL may refuse to accept goods that have been:

• opened;
• used;
• installed;
• assembled;
• modified;
• cut;
• damaged;
• contaminated; or
• otherwise rendered unsuitable for resale.

ANL does not ordinarily accept change-of-mind returns for products including:

• tools and landscaping equipment;
• wheelbarrows and construction equipment;
• irrigation and drainage products;
• geotextiles and weed matting;
• fertilisers;
• pesticides;
• herbicides and chemicals;
• turf;
• grass seed;
• plants;
• trees; and
• other live or perishable horticultural products.

These restrictions apply to discretionary change-of-mind returns only and do not limit any remedy available under the ACL.

10. Claims Relating to Consumer Guarantees

Where a customer believes goods or services supplied by ANL fail to comply with an applicable consumer guarantee, ANL will assess the claim having regard to the ACL and the particular circumstances.

The remedy available will depend upon matters including:

• the consumer guarantee involved;
• whether the failure is major or minor;
• the nature of the goods or services; and
• the circumstances surrounding the failure.

ANL will not apply its change-of-mind restrictions to a valid claim for a remedy under the ACL.

11. Major Failures with Goods

Where goods have a major failure within the meaning of the ACL and the customer is entitled to reject the goods, the customer may choose between a refund and replacement in accordance with the ACL.

A failure may constitute a major failure in circumstances prescribed by the ACL, including where goods:

• would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;
• depart in one or more significant respects from their description or applicable sample;
• are substantially unfit for their normal purpose and cannot easily and within a reasonable time be remedied to make them fit;
• are unfit for a particular disclosed purpose in circumstances covered by the ACL and cannot easily and within a reasonable time be remedied to make them fit; or
• are unsafe.

Multiple failures may also constitute a major failure where the requirements of the ACL are satisfied.

Other rights, including compensation for reasonably foreseeable loss or damage, may also be available where provided by the ACL.

12. Failures That Are Not Major

Where goods fail to comply with a consumer guarantee but the failure is not major, ANL is entitled to provide a remedy in accordance with the ACL.

ANL may choose an appropriate remedy permitted by the ACL, which may include repair, replacement or refund depending upon the nature of the goods and failure.

The remedy will be provided within a reasonable time.

If ANL refuses or fails to remedy the failure within a reasonable time, the customer may exercise the additional rights available under the ACL.

13. Services

Where a service supplied by ANL fails to comply with an applicable consumer guarantee, ANL will provide the remedy required under the ACL.

Where the failure is not major and can be remedied, ANL will be given a reasonable opportunity to remedy the failure.

Where a service has a major failure, or a non-major failure is not remedied within a reasonable time, the customer may exercise the rights available under the ACL, which may include cancelling the service contract or obtaining compensation for the reduction in value of the service.

14. Assessment of Claims

ANL may reasonably assess goods or services before determining whether a consumer guarantee has been breached and the remedy available.

Depending upon the circumstances, ANL may request:

• photographs or video;
• product or batch information;
• delivery details;
• information about storage, handling, installation or application;
• details of the alleged defect or problem;
• access to inspect goods or materials where reasonably necessary; and
• reasonable proof of purchase.

Any assessment will be conducted within a reasonable time having regard to the nature of the goods, services and claim.

The assessment process does not remove or restrict a customer's rights under the ACL.

15. Proof of Purchase

ANL may require a customer seeking a remedy to reasonably demonstrate that the goods or services were purchased from ANL.

Evidence may include:

• an ANL invoice;
• receipt;
• account invoice;
• order or transaction number;
• credit or debit card statement;
• electronic transaction record; or
• other reasonable evidence demonstrating the purchase.

An original ANL receipt is not the only acceptable form of proof of purchase.

16. Returning Goods and Associated Costs

Where goods can reasonably be returned, customers may be required to return the goods to ANL for assessment.

Where goods are large, heavy or otherwise difficult or costly to return and ANL is responsible for collection under the ACL, ANL will arrange collection within a reasonable time.

Where ANL confirms that goods fail to comply with an applicable consumer guarantee, ANL will reimburse reasonable return costs where required by the ACL.

Where an assessment reasonably determines that the goods do not have a problem for which ANL is responsible, ANL may recover reasonable collection or inspection costs where permitted by law, provided the customer was given a reasonable estimate of those costs before collection.

17. Incorrect Products or Quantities Supplied by ANL

Customers are encouraged to inspect goods as soon as reasonably practicable following collection or delivery.

Where a customer believes ANL has supplied an incorrect product or quantity, the customer should notify ANL as soon as reasonably practicable.

Where practical and safe, customers should avoid spreading, mixing, installing or materially altering goods they reasonably believe have been incorrectly supplied until ANL has had an opportunity to assess the issue.

Failure to notify ANL immediately does not, by itself, extinguish any statutory rights available under the ACL.

ANL will provide any remedy required by law.

18. Customer Misuse and Causes Unrelated to ANL

A consumer is not entitled to a remedy under the consumer guarantees merely because goods have been damaged or have failed due to causes for which ANL is not responsible.

Depending upon the circumstances, this may include problems caused by:

• misuse;
• inappropriate storage;
• incorrect installation or application;
• contamination after supply;
• modification;
• improper handling;
• failure to follow applicable instructions;
• actions of a customer or third party; or
• another cause occurring after supply unrelated to a failure by ANL to comply with a consumer guarantee.

Each claim will be assessed according to its individual circumstances and the ACL.

19. Refunds

Where a customer is entitled to a refund under the ACL, ANL will provide that refund in accordance with the ACL.

ANL will not require a customer who is legally entitled to a refund to accept a credit note, store credit or exchange instead.

Refunds will ordinarily be provided using the original payment method unless ANL and the customer agree otherwise.

Different conditions may apply to refunds or credits ANL elects to provide voluntarily in circumstances where the customer has no statutory entitlement to a remedy.

20. Products Manufactured or Supplied by Third Parties

ANL remains responsible for providing remedies required of it as the supplier under the ACL.

ANL will not require a customer who has a valid claim against ANL under the consumer guarantees to pursue the manufacturer, importer or ANL's supplier instead.

Nothing prevents a customer from separately exercising any rights available directly against a manufacturer under the ACL.

ANL may separately exercise any rights it has against its manufacturers or suppliers.

21. Making a Claim

A customer who believes goods or services supplied by ANL do not comply with the consumer guarantees should contact the ANL location from which the goods or services were purchased or supplied.

To assist ANL to assess the claim efficiently, customers should provide, where reasonably available:

• their name and contact details;
• reasonable proof of purchase;
• details of the product or service;
• the date of purchase, collection or delivery;
• a description of the issue; and
• photographs or other relevant supporting information.

ANL will assess the claim within a reasonable time and advise the customer of the outcome and any remedy available.

Nothing in this claims process limits any right or remedy available under the ACL.

22. Australian Consumer Law Prevails

This policy operates subject to the Australian Consumer Law.

Nothing in this policy is intended to exclude, restrict or modify the application of the ACL or any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where ANL is required by the ACL to provide a repair, replacement, refund, rectification, cancellation, compensation or other remedy, ANL will provide that remedy in accordance with the law.