Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) apply to the use of the Yardner website (“Site”) and all services provided by Yardner Pty Ltd (ABN 691 493 839) trading as Yardner (“Yardner,” “we,” “us,” or “our”), including Yardner Staging and the Yardner Online Store. By accessing or using the Site and our services, you agree to these Terms. If you do not agree, please refrain from using the Site or services.
These Terms apply to all services, transactions, and projects undertaken by Yardner, including those initiated via the website, email, or in-person consultations.
1. Eligibility
You must be 18 years or older to use the Site and our services. If you are under 18, you may only use the Site and services under the supervision of a parent or legal guardian who agrees to these Terms.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
2. Services Provided
Yardner provides a range of professional gardening and outdoor enhancement services, including but not limited to:
- Garden Makeovers & Landscaping: Design, preparation, planting, and transformation of outdoor areas to improve functionality, aesthetics, and property value. Services may include lawn installation, garden bed construction, planting, soil works, edging, and related landscape improvements.
- Yardner Staging: Plant and outdoor staging, design services, and yard revitalisation to prepare properties for sale and enhance presentation.
- Yardner Online Store: Supplying quality pots, plants, and garden accessories.
- Blogs and Information: Offering advice, ideas, and inspiration for garden design, landscaping, and plant care.
Yardner makes every effort to provide accurate and transparent quotations. However, garden and landscaping projects can be unpredictable. The customer acknowledges that variations may occur due to unforeseen site conditions, access issues, or material availability. Yardner will communicate any variation as soon as it becomes known.
3. Customer and User Responsibilities
A. Customer Responsibilities (Project-Specific)
These apply to clients who engage Yardner for paid services, including garden makeovers, landscaping, or staging:
- Notify of Site Conditions: Inform Yardner of any underground services, cables, pipes, irrigation, rocks, or other obstructions in areas where work will be undertaken.
- Accept Risk of Damage: Acknowledge that Yardner will not be liable for any damage to pre-existing structures, plants, utilities, or underground items, even if disclosed prior to commencement.
- Provide Safe Access: Ensure that Yardner personnel have safe and unobstructed access to the work area, including clearance for machinery, tools, and materials.
- Plant Care and Maintenance: Take full responsibility for the ongoing care, watering, and maintenance of plants after installation. Yardner does not guarantee plant survival, growth, or performance beyond installation.
- Permit Variations: Accept that garden and landscaping works are inherently variable, and that unforeseen site conditions may result in changes to scope, cost, or timing. Yardner will communicate these variations as soon as reasonably possible.
B. User Obligations (General)
These apply to anyone using Yardner’s website, online store, or services:
- Provide Accurate Information: Supply accurate and complete details for all transactions, communications, and interactions with Yardner.
- Safe Interaction: Ensure that children, pets, and bystanders are kept away from active work areas during onsite projects.
- Cooperate with Yardner Personnel: Facilitate safe and lawful access to your property for Yardner staff and contractors.
- Compliance with Law: Use Yardner services and the Site only for lawful purposes and in accordance with all applicable laws.
C. Supplier Network Disclaimer
Yardner may recommend third-party suppliers or trades from our trusted network. While we select reputable contacts, we do not accept responsibility for the services, performance, or conduct of third parties.
4. Yardner Responsibilities
Yardner Pty Ltd will:
- Provide Professional Services: Deliver garden makeovers, landscaping, and staging services with reasonable care, skill, and attention, in accordance with industry standards.
- Communicate Variations: Notify customers promptly if unforeseen conditions require changes to the scope, timing, or cost of works.
- Use Suitable Materials: Provide and install plants, materials, and equipment appropriate for the agreed project.
- Safety and Compliance: Comply with applicable health, safety, and environmental regulations while performing works.
- Customer Support: Respond to reasonable enquiries and provide guidance regarding plant care, maintenance, and post-installation considerations.
5. Products & Pricing (Online Store)
All products listed in the Store are subject to availability. We reserve the right to limit the quantity of any product or to discontinue any product at any time without notice.
Prices are listed in Australian dollars (AUD) and include Goods and Services Tax (GST), unless otherwise stated.
Yardner reserves the right to adjust prices at any time without prior notice.
Photos of live products on the website are for illustration purposes only. Individual stock may vary based on the batch.
Quote Validity: Written or verbal quotes are valid for 30 days unless otherwise stated.
6. Delivery
Free delivery is available for orders of $199 or more within 10km of the Adelaide CBD. Orders under $199 within this area incur a flat delivery fee of $49.
For delivery to locations between 10km and 20km from the Adelaide CBD, a delivery fee of $79 applies. For locations beyond 20km, delivery requires a custom quote.
Delivery times may vary depending on your location and product availability. We will make reasonable efforts to deliver products within the estimated timeframe but cannot guarantee delivery dates.
Customers are responsible for ensuring accurate delivery details are provided. We are not liable for delays or non-delivery due to incorrect information.
7. Payments
All quoted prices are in Australian dollars (AUD) and inclusive of GST unless otherwise stated.
For garden makeovers, landscaping, and staging projects, Yardner’s payment schedule is as follows:
- 50% deposit to secure and lock in the job;
- 25% due 48 hours prior to the scheduled start date;
- 25% due upon completion of works.
Late or withheld payments may incur administrative fees and may result in suspension of services until full payment is received.
Payment Method: All payments must be made via bank transfer to the account provided by Yardner.
Yardner reserves the right to suspend or cancel services if payment is not received in accordance with this schedule and to recover any costs incurred.
8. Returns & Refunds (Online Store)
Damaged or Defective Products: If you receive a damaged or defective product, you must notify us within 7 days of delivery. We may require photographic evidence and reserve the right to request the return of the product for assessment.
Change-of-Mind Returns: Unused, unopened items may be returned within 14 days of delivery. The customer is responsible for return shipping costs. Refunds for change-of-mind returns are subject to inspection and approval.
Certain items, such as perishable plants and custom orders, are excluded from returns unless defective or damaged.
Refunds will be processed to the original payment method within 14 business days of approval.
9. Privacy & Data Use
By using the Site and our services, you consent to the collection, use, and disclosure of your personal information in accordance with Yardner’s Privacy Policy.
Cookies may be used to enhance your browsing experience. For more details, please refer to our Privacy Policy.
Yardner complies with the Australian Privacy Principles under the Privacy Act 1988.
10. Intellectual Property
All content, trademarks, logos, and designs on the Site are owned by Yardner or licensed to us. You may not use, reproduce, or distribute this content without our prior written permission.
“Yardner” is a registered trade name exclusively associated with Yardner Pty Ltd and its services, encompassing staging, makeovers, landscaping, and online retail. Any unauthorised use or misrepresentation of the Yardner name or associated materials is strictly prohibited.
11. Dispute Resolution & Cancellation
Yardner aims to resolve any concerns promptly and professionally. If a dispute arises, both parties agree to first attempt to resolve the matter through direct discussion and cooperation. Should the issue remain unresolved, either party may refer the matter to mediation before any formal legal action is taken.
Cancellations made more than seven (7) days prior to the scheduled start date may be accepted at Yardner’s discretion; however, the initial 50% deposit is non-refundable.
Cancellations made within seven (7) days of the scheduled start date may incur additional costs to cover materials, labour allocation, or other expenses already committed.
If works are delayed or rescheduled by the client, Yardner reserves the right to adjust the timeline and costs to reflect changes in scheduling, resource availability, or site conditions.
Governing Law & Jurisdiction: These Terms are governed by the laws of South Australia, and any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Australia.
12. Limitation of Liability
To the fullest extent permitted by law, Yardner Pty Ltd, including its directors, employees, contractors, and agents, shall not be liable for any loss, damage, or claim (whether direct, indirect, incidental, consequential, or otherwise) arising out of or in connection with the supply of our services or products, including garden makeovers, landscaping, or any related works.
Yardner’s total liability for any claim shall not exceed the total amount paid by the customer for the relevant services or products. Nothing in these Terms limits your rights under the Australian Consumer Law.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
14. Termination
The obligations and liabilities of the parties incurred prior to termination survive the termination of this agreement.
Yardner may terminate services at any time if it reasonably believes that you have breached these Terms or acted in a manner that puts Yardner or others at risk.
15. Contact Us
For questions or concerns about these Terms, please contact us at: hello@yardner.com.au