Legal notice

The website Garden Mega Store is an online shop operated by private sector. In this notice, "we", "us" and "our" mean that business; "you" means anyone who visits the Site or buys from us.

3. About This Notice

By using the Site or placing an order, you agree to this legal notice. Please read it together with our Terms and Conditions of Sale, Shipping Policy, Returns and Refunds Policy, and Privacy Policy. If these documents conflict, the Terms and Conditions of Sale apply to your order.

If you do not agree with this notice, please do not use the Site.

3. Website content

We aim to keep the information on the Site accurate and current, but we do not guarantee that it is complete, error-free or up to date. Content may change at any time without notice.

Gardening tips, planting guides, care instructions and other general advice on the Site are for information only. Results depend on your local climate, soil, season and care. This content is not professional horticultural, landscaping, pest-control or safety advice; seek a qualified professional for your situation.

We may suspend, restrict or change the Site, or any part of it, for maintenance or other reasons.

4. Products, prices and availability

All prices are in Australian dollars (AUD) and include GST unless stated otherwise. Delivery charges are shown at checkout before you pay.

  • Images: Product photos are for illustration. Live plants are natural products, so size, shape, colour and flowering stage may differ from the pictures.
  • Availability: Stock, especially seasonal and live plants, is limited. If an item becomes unavailable after you order, we will contact you and offer a substitute or a full refund.
  • Pricing errors: If a product is listed at an obviously incorrect price, we may cancel the order and refund you in full. We will tell you before doing so.
  • Delivery limits: Some plants, seeds, soils and chemicals cannot be sent to certain states or territories because of biosecurity and quarantine rules (for example, to Western Australia or Tasmania). We will not ship restricted items to those areas.

5. Your rights under the Australian Consumer Law

Nothing in this notice excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

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.

For change-of-mind returns, faulty items and plants that arrive damaged or unhealthy, see our Returns and Refunds Policy at [link]. To make a claim, contact us using the details in section 1 with your order number and, where possible, photos of the item.

6. Plants, chemicals and garden safety

Some products we sell can be harmful if misused. Please take care:

  • Chemicals and fertilisers: Always read and follow the label and Safety Data Sheet (SDS). Keep products out of reach of children and pets, and store them in their original containers.
  • Toxic plants: Some plants are poisonous or irritating to people or animals if touched or eaten. Check a plant's suitability before placing it near children or pets.
  • Potting mix and soil: These can contain bacteria such as Legionella. Wear gloves and a mask, avoid breathing in the dust, and wash your hands after use.
  • Tools and equipment: Use power tools, ladders and heavy items according to the manufacturer's instructions and with the right protective gear.
  • Age restrictions: We may require proof that you are 18 or older to buy certain products, and may refuse or cancel orders that do not meet this requirement.

7. Intellectual property

The Garden Mega Store name, logo, Site design, text, photos, graphics, videos and software are owned by us or used under licence, and are protected by Australian and international copyright and trade mark laws.

You may view, download and print Site content for your own personal, non-commercial use. You must not copy, reproduce, republish, sell or distribute any content, or use our name or logo, without our prior written permission.

Third-party brand names and trade marks shown on the Site belong to their respective owners.

8. Limitation of liability

Subject to section 5 and to the extent permitted by law:

  • we are not liable for any loss or damage arising from your use of, or inability to use, the Site, including loss caused by viruses, outages or errors;
  • we are not liable for loss caused by your failure to follow product labels, care instructions or safety warnings; and
  • where our liability for failing to comply with a consumer guarantee can lawfully be limited, it is limited, at our choice, to replacing or repairing the goods, paying the cost of doing so, or refunding the price you paid.

This section does not limit our liability for death or personal injury caused by our negligence, or for anything that cannot be limited under the Australian Consumer Law.

The Site may link to websites run by others, such as suppliers, payment providers, couriers or social media platforms. We provide these links for convenience only. We do not control or endorse those sites and are not responsible for their content, products or privacy practices.

10. Privacy and cookies

We collect and handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as explained in our Privacy Policy at [link]. The Site uses cookies and similar technologies to run the shopping cart, remember your preferences and understand how the Site is used. You can control cookies in your browser settings, but some Site features may not work without them.

Payments are processed by our third-party payment providers. We do not store your full card details.

11. Governing law, changes and contact

This notice is governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts that hear appeals from them.

We may update this notice from time to time. The version on the Site, with its "last updated" date, applies when you use the Site or place an order.

If part of this notice is found to be invalid or unenforceable, that part will be read down or removed, and the rest stays in force.

Questions or complaints about this notice can be sent to [hello@gardenmegastore.com.au] or [postal address]. If we cannot resolve a complaint, you may contact NSW Fair Trading or the Australian Competition and Consumer Commission (ACCC).