Terms and Conditions

1.1 Ownership & Scope of Terms

This website, located at https://www.greenhousepolytunnels.com.au/ (the "Site"), is owned and operated by Greenhouse & Polytunnels Pty Ltd (trading as Greenhouse & Polytunnels) (ABN: 17 688 980 243, ACN: 688 980 243). These Terms and Conditions ("Terms") govern your access to, browsing of, and use of the Site, as well as all quotes, orders, purchases, sales, supplier drop-ship consignments, goods, structural assets, hardware, or professional installation services supplied by Greenhouse & Polytunnels.

1.2 Express Acceptance & Click-Wrap Binding

By accessing, browsing, or using this Site, or by submitting an order, requesting a manual freight consolidation review, or executing the mandatory pre-checkout agreement checkbox ("I agree to the Terms & Conditions"), you explicitly acknowledge that you have read, understood, and agreed to be legally bound by these Terms in full, without limitation or qualification. The execution of this online agreement constitutes an express, legally binding click-wrap contract pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law — ACL).

1.3 Legal Capacity & Age Warranty

By utilizing this Site or placing an order, you expressly warrant that you:

Are at least eighteen (18) years of age;

Possess the legal capacity to enter into a binding contract under Australian law; and

Are fully authorized to utilize the payment method, credit facility, or commercial account nominated during checkout.

1.4 Business Purpose & Commercial Use

Unless explicitly agreed otherwise in writing, all goods, structural assets, specialized horticultural tools, and commercial equipment supplied via the Site are intended for domestic gardening, commercial primary production, nursery, or professional agricultural applications.

1.5 Modifications & Periodical Variations

Greenhouse & Polytunnels reserves the right to update, vary, modify, or replace any part of these Terms at any time by publishing updated text directly to the Site. Amendments become effective immediately upon publication. It remains your responsibility to review these Terms prior to placing an order. Your continued use of the Site or placement of orders following the publication of revised Terms confirms your unconditional acceptance of those variations.

2.1 Ownership of Site Materials & Digital Assets

All content, visual media, and digital infrastructure published on or incorporated within the Site—including but not limited to text, product descriptions, photography, high-resolution imagery, logos, graphics, brand identifiers, custom page layouts, website design assets, downloadable assembly manuals, engineering specifications, structural installation guides, video demonstrations, dynamic calculators, and underlying source code—are the exclusive property of Greenhouse & Polytunnels Pty Ltd (or used under express license) and are protected by Australian and international copyright, trademark, and intellectual property laws.

2.2 Protection of Proprietary Brands & Trademarks

• (a) Business Trademarks: The trading name "Greenhouse & Polytunnels," associated brand logos, domain names, and commercial trade dress are protected trademarks owned by Greenhouse & Polytunnels Pty Ltd.
• (b) Proprietary Product Lines (MADI): The customer explicitly acknowledges that all custom-designed polytunnel structures, commercial framing components, shade houses, starter kits, and structural hardware sold under the MADI brand name (and any future in-house proprietary brands formally designated by the business) represent proprietary designs and protected intellectual property of Greenhouse & Polytunnels.
• (c) No Implied Rights: Nothing contained on this Site or within a sales transaction shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, or proprietary design without our prior express written permission.

2.3 Restrictions on Use, Scraping & Unlawful Reproduction

Except as expressly permitted for personal, non-commercial purchase evaluation, you strictly agree that you shall NOT:

Reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit any portion of the Site, product images, technical guides, or assembly manuals without the prior written consent of Greenhouse & Polytunnels;

Use automated web scraping tools, bots, spiders, or data extraction software to harvest product listings, pricing tables, image assets, or technical specifications from the Site;

Reverse engineer, decompile, or attempt to extract the structural engineering plans, fabrication methods, or component dimensions of any MADI frame or proprietary kit for commercial duplication or unauthorized third-party manufacturing; or

Frame, mirror, or utilize framing techniques to enclose any trademark, logo, or proprietary information of Greenhouse & Polytunnels without express written authorization.

2.4 Third-Party Brands & Vendor Trademarks

Product brand names, logos, trademarks, catalog excerpts, and manufacturer descriptions associated with third-party tools, cutting gear, and agricultural hardware (including, but not limited to, Ryset, Felco, Corona, Krumpholz, Tramontina, Tina, Chikamasa, Lisam, LOWE, Nishigaki, Nisaku, Asano, and Manzana Nules) remain the sole intellectual property of their respective corporate owners. Display of these third-party trademarks on the Site indicates authorized retail distribution and does not imply transfer of ownership.

3.1 Account Creation & User Obligations

When creating a customer account, trade portal login, or commercial profile on the Site, you explicitly agree to: (a) Accurate Details: Provide true, accurate, current, and complete personal and business details, including your full legal name, business trading name, primary contact phone number, valid email address, physical delivery address, and Australian Business Number (ABN) where applicable;

• (b) Maintenance of Details: Promptly update your account details via the customer portal or by notifying Greenhouse & Polytunnels in writing whenever changes occur;
• (c) Security & Confidentiality: Maintain the absolute confidentiality and security of your account login credentials, passwords, and access PINs; and
• (d) Activity Responsibility: Assume 100% financial and legal responsibility for all activities, purchases, cart requests, and communications executed under your account credentials, whether authorized or unauthorized.

3.2 Verification of Agricultural ABN & Primary Producer Credentials

• (a) Reservation of Verification Right: Greenhouse & Polytunnels strictly reserves the right to request verification of your Australian Business Number (ABN), Australian Company Number (ACN), trading identity, and primary business activities in agriculture, horticulture, commercial nursery, or primary production at any point prior to or following order placement.
• (b) Documentation Requirements: Upon request, you agree to provide satisfactory supporting documentation, which may include:

A valid ABN entity lookup record reflecting active agricultural or primary production registration;

Proof of business identity and commercial trading address; or

Written confirmation of primary production operations. (c) Failure to Verify: Failure or refusal to provide requested verification documentation within seven (7) calendar days of notification may result in immediate order suspension, cancellation of wholesale or trade pricing tiers, or account termination.

3.3 Restricted Bladed Tools & Regulatory Verification (Victoria)

• (a) Statutory Primary Production Requirement: In accordance with the Control of Weapons Regulations 2021 and updated 2025 bladed tool restrictions in Victoria, restricted bladed tools (including horticultural knives, grafting blades, sickles, hori-hori knives, and specific pruning gear) may only be supplied to customers in Victoria for legitimate, genuine agricultural or horticultural primary production purposes.
• (b) Mandatory Credentials for Bladed Purchases: Orders containing restricted bladed tools addressed to Victorian delivery locations require prior verification of a valid Agricultural ABN, proof of identity (18+ age verification), and business address details.
• (c) Cancellation for Non-Compliance: Where an order for restricted bladed tools fails statutory Victorian verification, Greenhouse & Polytunnels will cancel the order and process a full refund, completely discharging the business from delivery obligations.

3.4 Account Suspension, Cancellation & Administrative Holds

Greenhouse & Polytunnels reserves the absolute right, at its sole discretion and without prior notice, to suspend, lock, or permanently terminate your user account, trade pricing access, or pending order processing if: (a) You breach any provision of these Terms;

• (b) You provide false, deceptive, unverified, or misleading account or ABN credentials;
• (c) We identify unauthorized promotional code stacking, voucher manipulation, or algorithmic checkout exploitation associated with your account;
• (d) You initiate an unlawful or premature payment dispute or chargeback with your bank or payment gateway while an order is within its active ETA window; or
• (e) Your account demonstrates abusive, fraudulent, or threatening conduct toward our staff, logistics personnel, or counter team.

4.1 Available Product Categories

Greenhouse & Polytunnels offers a comprehensive range of structures, hardware, tools, and horticultural equipment for residential gardening, commercial horticulture, and primary production applications. Our catalog encompasses:

Garden & Commercial Structures: Greenhouses, polytunnels, shade houses, net houses, covered shelters, cold frames, mini greenhouses, and structural steel framing components;

Covering Materials & Films: Commercial greenhouse plastic film, shade cloth (various densities including 50%, 70%, and 90%), bird/insect exclusion netting, frost covers, blackout/reflective films, weed mats, geotextiles, and fixing accessories;

Gardening, Cutting & Professional Tools: Spades, shovels, pruners, secateurs, snips, loppers, shears, pruning saws, horticultural knives, grafting blades, hori-hori knives, hooks, sickles, and sharpening stones;

Leading Hardware & Professional Brands: Proprietary MADI structural kits, alongside authorized third-party brands including Ryset, Corona, Krumpholz, Tramontina, Tina, Chikamasa, Lisam, LOWE, Nishigaki, Nisaku, Asano, and Manzana Nules;

Pots, Planters, Irrigation & Plant Care: Commercial plastic pots, fabric root pouches, raised garden beds, poly pipe, drip emitters, tap timers, watering cans, pressure sprayers, fertilizers, pest exclusion traps, soil conditioners, and seeds; and

Gardener's Hardware & Safety Apparel: Wheelbarrows, carts, shade cloth clips, wiggle wire and lock channel, repair tape, pH/moisture meters, gloves, kneepads, and protective equipment.

Product listings, range inclusions, and technical specifications are subject to continuous update and refinement across the Site.

4.2 Available Services

Greenhouse & Polytunnels provides specialist support services, including: (a) Custom structure layout and engineering design consultation;

• (b) Professional on-site structure installation and assembly services (governed strictly by Article 7.2 under an Obligation of Resources);
• (c) Australia-wide logistics, cross-docking, and heavy freight dispatch; and
• (d) Technical product support, replacement parts, and maintenance consultation.

4.3 Age Restrictions — Cutting Tools, Knives, Blades & Sickles

• (a) Statutory Offense: Under Australian state and territory legislation, it is a criminal offense to sell, supply, or deliver knives, blades, hooks, or sickles to any person under eighteen (18) years of age.
• (b) Age Confirmation Warranty: By adding any knife, grafting blade, sickle, hori-hori, or bladed tool to your cart and executing checkout, you expressly warrant that you are at least eighteen (18) years of age.
• (c) Identity & Age Verification: Greenhouse & Polytunnels, our warehouse staff, or third-party delivery carriers reserve the right to require government-issued photo identification (Driver's License or Passport) verifying proof of age prior to order confirmation, pickup release, or doorstep delivery.

4.4 Important Regulatory Notice — Bladed Tool Supply (Victoria)

• (a) Control of Weapons Compliance: Pursuant to the Control of Weapons Regulations 2021 and updated 2025 bladed tool supply restrictions in Victoria, restricted bladed tools (including specific horticultural knives, blades, hooks, and sickles) may only be supplied to delivery addresses in Victoria for genuine, primary production agricultural or horticultural purposes.
• (b) Prerequisites for Victorian Delivery: Prior to dispatching restricted bladed tools to a Victorian address, the buyer must provide:

Verification of an active Australian Business Number (ABN) associated with agriculture, horticulture, or commercial primary production; and

Proof of business identity and contact details. (c) Restricted Purpose Warranty: All restricted bladed items supplied to Victorian addresses must be utilized strictly for legitimate, productive primary production or commercial horticultural applications.

4.5 Split-Shipment & Multi-Warehouse Fulfillment Scope

• (a) Multi-Hub Fulfillment Model: Greenhouse & Polytunnels operates an integrated logistics network comprising our central Thomastown warehouse facility alongside direct manufacturer and supplier drop-ship distribution hubs ("Supplier-Direct Lines").
• (b) Consignment Splitting: Where an order contains a combination of Thomastown warehouse inventory (e.g., hand tools or fittings) and Supplier-Direct Lines (e.g., custom rolls of film or factory-direct kits), the order will automatically be split into multiple separate consignments.
• (c) Independent Tracking & Zero Added Cost: Each individual consignment will be issued its own carrier tracking reference at no additional freight charge to the customer.
• (d) Non-Breach Acknowledgment: The customer explicitly acknowledges that items within a split-fulfillment order may arrive in separate parcels on different days due to varying origin locations and carrier routing. Arrival of an initial consignment does not imply missing items, nor does split fulfillment constitute a partial delivery default or breach of contract.

5.1 Approximate Specifications, Tolerances & Product Images

• (a) Manufacturing Tolerances: All physical dimensions, material gauges, steel wall thicknesses, plastic film micron ratings, shade cloth densities, weights, and capacities displayed on the Site are approximate and subject to standard manufacturing and cutting tolerances of up to plus or minus five percent (+-5%).
• (b) Demonstrative Product Images: Product photographs, 3D renders, video demonstrations, and structural diagrams published on the Site are provided for illustrative and demonstrative purposes only. Actual products, steel surface finishes, plastic film clarity, packaging, or component configurations delivered to the customer may vary slightly from online representations due to manufacturer revisions, lighting, or production batches.
• (c) Specification Variations: Greenhouse & Polytunnels reserves the right to modify product specifications, structural dimensions, or component designs without prior notice, provided that any such variation does not materially reduce the overall structural integrity, safety, or functional utility of the product.

5.2 Product Page ETAs as Delivery Baseline (ACL)

• (a) Exclusive Authority of Listing Displays: Because different product lines (e.g., small hand tools vs. custom polytunnels, heavy plastic film rolls, or commercial multi-span kits) require distinct fabrication, procurement, and transport workflows, every product listing on the Site displays its own dedicated fulfillment and delivery baseline via an Estimated Time of Arrival (ETA) tag, lead-time badge, or banner.
• (b) Contractual Baseline Benchmark: The specific ETA tag, badge, or banner displayed on the individual product listing page at the exact time of checkout constitutes the sole benchmark for the contractually agreed estimated delivery window under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law — ACL).
• (c) Incorporation by Reference: Automated transactional communications (including Order Confirmation Notices) incorporate by reference the baseline handling and transit windows stated on those respective product listing pages at purchase, establishing the legal baseline for "reasonable delivery timeframes". No external, offline, or historical static documentation governs fulfillment timelines.

5.3 Suppression of Local In-House Stocking Claims

• (a) No Implied Warehouse Availability: Displaying a product listing or allowing checkout on the Site does NOT constitute a representation or guarantee that the physical stock is stored locally at our Thomastown warehouse facility.
• (b) Supply Network Lead Times: Availability attributes reflect supply network lead times across our Thomastown hub and third-party supplier drop-ship distribution centers.
• (c) Backorder Status Activation: Where order allocation reveals supplier stock depletion or production scheduling delays, the item status converts to "Backordered," triggering the electronic notification and delay resolution procedures set out in Clause 7.4(d) and Article 8.4.

5.4 Customer Verification of Suitability & Professional Consultation

• (a) Customer Site Verification Duty: All products, structural kits, covering materials, cutting tools, and irrigation components are sold on the express condition that the customer has independently evaluated and verified their suitability for the customer's intended application, property layout, soil conditions, local climate, crop requirements, and skill level.
• (b) Commercial & Engineering Consultation: Independent professional engineering, agronomic, or building consultation is strongly recommended prior to purchasing or installing commercial multi-span greenhouses, large-scale shade structures, or specialized agricultural equipment.
• (c) Tool Safety & Skill Requirements: Specialized cutting gear, bladed tools, power equipment, and heavy steel framing components require appropriate operational skill, safety gear, and personal protective equipment (PPE). Greenhouse & Polytunnels assumes zero liability for customer misuse or lack of operational assembly skill.

5.5 Comparable Product Substitutions

• (a) Substitution Authorization: In the event that a specific non-structural accessory, hardware fitting, tool brand, or component becomes permanently unavailable from a third-party supplier prior to order dispatch, Greenhouse & Polytunnels reserves the right to substitute a comparable item of equivalent or superior quality, value, and functionality.
• (b) Notice & Consumer Rights: Where a material substitution is required for a major structural component or primary kit line item, Greenhouse & Polytunnels will notify the customer in writing prior to dispatch. If the customer rejects a material substitution, the customer may elect to receive a 100% full cash refund for the affected line item under Australian Consumer Law.

6.1 Supplier Price Variances, Glitches & 105% Store Credit

• (e) Supplier Price Variances, Pricing Errors & Rescission Right:
• (i) Supplier Cost & Inventory Verification: Greenhouse & Polytunnels operates a direct procurement and cross-docking logistics model. All orders are subject to supplier cost verification and stock availability prior to physical dispatch.
• (ii) Manifest Pricing & Algorithmic Errors: In the event of an obvious typographical error, web script glitch, or algorithmic miscalculation resulting in a product or freight line being displayed at an incorrect price on the Site, Greenhouse & Polytunnels is under no obligation to fulfill the order at the incorrect price, even after an automated Order Confirmation Notice has been issued.
• (iii) Extraordinary Supplier Price Increases: Where a third-party manufacturer or supplier imposes an extraordinary price increase (exceeding 10%) on allocated line items prior to physical dispatch from our Thomastown facility, Greenhouse & Polytunnels reserves the right to suspend order processing.
• (iv) Customer Resolution Options: In any event outlined in sub-clause 6.1(e)(ii) or (iii), Greenhouse & Polytunnels will promptly notify the customer in writing. The customer will be provided four (4) resolution paths:
• Option A: Proceed with the order at the updated, verified price by paying the cost differential;
• Option B: Select an alternative product of equivalent utility;
• Option C: Rescind the transaction in full and receive a 100% full cash refund to the original payment method; OR
• Option D (Courtesy Bonus, Discretionary): Rescind the transaction and receive 105% of the original purchase value issued as a non-expiring Store Credit Voucher. Option D is offered solely at the absolute discretion of Greenhouse & Polytunnels and is not an entitlement. We may refuse, withdraw, or decline to offer the 105% store credit at any time, including where we reasonably believe the courtesy bonus is being abused, exploited, or sought in bad faith.
• (v) Complete Discharge of Liability: Upon issuing a 100% full refund (Option C) or, where offered at our discretion, a 105% Store Credit Voucher (Option D), the transaction is fully rescinded, completely discharging Greenhouse & Polytunnels from any further delivery obligation, penalty, or claim under Australian Consumer Law.

6.4 Freight Calculation, Handling Fees & Carrier Adjustments

• (a) Calculation Methodology & Packaged Gross Volumetric Weight:
• (i) Gross Packaged Weight Basis: Freight charges displayed at checkout are dynamically calculated using estimated Gross Packaged Volumetric (Cubic) or Physical Shipping Weight. The customer explicitly acknowledges that freight calculations incorporate outer transport cartons, protective bubble/pallet wrap, strapping, timber skids, and packaging tare weight, and do not reflect unboxed net product dimensions.
• (ii) Carrier API Estimates: Rates are derived from automated carrier API tables and transport zone classifications at the time of order placement. ...
• (b) Administrative & Packaging Handling Fee: Greenhouse & Polytunnels reserves the right to incorporate an Administrative Packaging & Handling Surcharge into the total calculated delivery cost at checkout to cover specialist protective packaging, palletizing, and warehouse dispatch processing.
• (c) Carrier AUDit, Re-Weighing & Cubic Adjustments:
• (i) Depot Physical AUDits: All consignments are subject to mandatory physical laser scanning, cubic measurement, and automated re-weighing upon arrival at freight carrier transport depots.
• (ii) Dimensional & Weight Discrepancies: Where a carrier audit identifies a dimensional, cubic, or physical weight variance—or where secondary handling is mandated by the carrier due to packaging profile—resulting in a carrier freight cost increase exceeding 10% above the checkout estimate, the order will be processed under sub-clause 6.4(d) (Carrier Price Discrepancy Notification).
• (iii) Customer Detail Errors: Where a re-weighing penalty or surcharge is directly caused by incorrect customer address input (including misclassified residential zones or inaccessible delivery locations), the customer remains 100% financially liable for all secondary carrier penalties billed to Greenhouse & Polytunnels.
• (d) Order Cancellation Rules, Grace Period & Warehouse Restocking Fees
• (i) Carrier AUDit Discrepancy Cancellation: Pursuant to Australian Consumer Law, zero administrative or restocking fees apply where an order cancellation is directly triggered by an unagreed carrier price increase exceeding 10%.
• (ii) 48-Hour Pre-Picking Cancellation Grace Period: A customer may cancel an order for a 100% full cash refund with zero administrative fees, provided that:
• The cancellation request is submitted in writing within forty-eight (48) hours of the initial order timestamp; AND
• The consignment has NOT yet commenced physical picking, packing, custom fabrication, or carrier booking at our Thomastown hub or regional supplier distribution warehouse.
• (iii) Cancellations Outside Grace Period / Post-Warehouse Processing: Where a customer elects to cancel an order for reasons unrelated to a carrier price discrepancy (such as Change of Mind, project cancellation, or site delays):
• If the request is submitted AFTER the 48-hour window HAS ELAPSED; OR
• If physical picking, packing, steel cutting, or transport booking HAS COMMENCED (regardless of time elapsed);

The cancellation is processed strictly as a Change of Mind default under Article 10.1, and the customer must elect one of two settlement paths:

• Option 1 (Cash Refund): Receive a cash refund minus a mandatory 15% Administrative & Warehouse Restocking Fee deducted from the total product purchase value; OR
• Option 2 (Full Value Voucher): Receive 100% of the original purchase value issued as a non-expiring Store Credit Voucher with zero restocking fee deduction.
• (e) Manual Freight Review & Custom Shipping Quotes ("Review Shipping Fee"):
• (i) Cart Consolidation Requests: Where a customer submits a cart containing multiple bulky items, oversized hardware, or complex multi-package consignments for a manual freight review using the "Review Shipping Fee" (or "Request More Details") portal button, automated checkout rates are suspended.
• (ii) Primacy of Manual Written Quotes: Any customized shipping quote issued manually in writing by Greenhouse & Polytunnels staff (e.g., via a draft Shopify order or tax invoice) supersedes and replaces automated carrier API estimates generated at checkout.
• (iii) Quote Validity Window: Manual shipping fee quotes remain valid for fourteen (14) calendar days from issuance, subject to stock availability and carrier surcharge variations.
• (iv) Presumption of Commercial Access: Unless explicitly stated otherwise during the manual quote review process, all bulky freight calculations assume delivery to a commercial business address equipped with an operational forklift. Secondary tailgate hydraulic lift requirements or residential deliveries remain subject to Clause 8.2(c) and 8.2(d) surcharges.

6.5 Regional, Remote & Drop-Ship Freight Surcharges

• (a) Standard Geographic Boundaries & Advertised ETA Scope:
• (i) Metropolitan Boundary Definition: Standard automated freight rates and baseline transit estimates apply strictly to accessible standard metropolitan zones within Australian capital city networks across Victoria (VIC), New South Wales (NSW), South Australia (SA), Queensland (QLD), Western Australia (WA), Tasmania (TAS), and the Australian Capital Territory (ACT).
• (ii) Product Page ETA Tiles & Lead-Time Advertisements: All Estimated Time of Arrival (ETA) badges, handling timeframes, dispatch banners, and delivery disclaimers displayed on individual product listing pages or across the Site apply exclusively to standard Australian metropolitan zones.
• (iii) Extended Regional & Remote Transit Exclusions: Deliveries addressed to destinations outside standard metropolitan boundaries—including regional corridors, rural properties, remote postcodes, and outer drop-ship transport routes—are explicitly excluded from advertised standard product page ETAs. Such orders are subject to extended carrier transit windows, regional freight consolidation cycles, and potential regional transport surcharges beyond the baseline timeframe indicated on the product listing.
• (b) Remote & Regional Destination Surcharges: Deliveries bound for remote, outback, island, or non-standard regional postcodes (including, but not limited to, designated regional zones in WA, NT, Far North QLD, and TAS) incur significant specialist transport surcharges from secondary logistics partners.
• (c) Direct-from-Supplier (Drop-Ship) Regional Exclusions: Certain drop-ship product lines (including Dropshipzone and vidaXL) ship from supplier warehouses. Advertised shipping rates apply to standard accessible delivery locations. Remote, outback, and non-standard destinations may attract additional carrier surcharges. Advertised metro delivery rates do not apply to remote or outback destinations.
• (d) Pre-Dispatch Surcharge Notification & Cancellation Right: Where an order bound for a remote or regional location incurs an extraordinary carrier surcharge not captured at checkout, Greenhouse & Polytunnels will contact the customer before dispatching goods. The order will not be processed until the customer approves the carrier adjustment. If the customer declines the regional transport surcharge, the order will be cancelled immediately with a 100% full refund issued, satisfying all business obligations under Australian Consumer Law.

6.6 Accepted Payment Methods & Deposit Terms

• (a) Approved Payment Gateways: Greenhouse & Polytunnels accepts payment via major credit/debit cards (Visa, Mastercard, American Express), direct electronic funds transfer (EFT / Bank Transfer), and approved third-party digital gateways or Buy-Now-Pay-Later (BNPL) platforms (including Afterpay or Shop Pay).
• (b) Processing & Funds Authorization: Orders will not enter warehouse picking queues, custom steel fabrication schedules, or supplier drop-ship dispatch queues until funds have been fully cleared and verified in our merchant account.
• (c) Commercial Custom Orders & Deposit Rules (≥ \5,000$ AUD):

For custom polytunnels, multi-span structural framing kits, or commercial orders exceeding $5,000.00 AUD in total value, a non-refundable 50% deposit is required at the time of order placement to confirm raw material allocation and commence steel cutting/fabrication.

The remaining 50% balance payment must be cleared in full prior to physical dispatch from our Thomastown hub or external distribution warehouse. (d) Late Payment Interest Fees: Overdue balances or invoice payments past standard commercial credit terms incur interest charged at two percent (2%) per month (calculated daily) until paid in full.

6.7 Official Price Matching Policy

Greenhouse & Polytunnels is committed to providing competitive market rates for Australian growers. If you locate an identical, currently stocked product advertised at a lower price by an authorized competitor, you may submit a price match request under the following mandatory conditions:

• (a) Eligible Competitor Criteria: The competitor must be a legitimate, registered Australian business (holding an active ABN) with a physical trading address or verified commercial presence in Australia.
• (b) Identical Item Match: The item must be identical in brand, model, SKU, steel gauge, dimensions, micron thickness, and manufacturer specifications.
• (c) Publicly Advertised & In-Stock: The lower price must be publicly advertised in AUD, currently active, and available for immediate purchase and delivery from the competitor.
• (d) Exclusions: Price matching strictly EXCLUDES:

Liquidation sales, closeouts, clearance stock, damaged goods, or discontinued lines;

Overseas marketplace platforms, liquidators, or drop-shipping aggregators (including, but not limited to, Temu, AliExpress, eBay auction sellers, or Amazon third-party sellers);

Trade quotes, bulk volume discounts, or custom negotiated quotes not publicly visible; and

Situations where the competitor's price is below the wholesale landed cost of the product. (e) Submission & Review: Price match requests must be submitted in writing to [email protected] accompanied by a live web link or official commercial quote prior to order placement. Greenhouse & Polytunnels reserves sole discretion in verifying and approving price match adjustments.

7.1 Standard E-Commerce Platform Orders

• (a) Order Submission & Contract Formation Mechanics:
• (i) Invitation to Treat: All product listings, advertised prices, freight estimates, and technical specifications displayed on the Site constitute an "invitation to treat" and do not represent a binding contractual offer by Greenhouse & Polytunnels.
• (ii) Order Submission: Submitting an order and completing payment through the checkout screen constitutes a revocable offer by the customer to purchase the designated goods under these Terms.
• (iii) Order Acknowledgment vs. Final Acceptance: Upon checkout completion, our system will automatically generate an Order Confirmation Notice via email or SMS. The customer explicitly acknowledges that this automated notice serves strictly as an "Acknowledgment of Order Receipt" and does not constitute final legal acceptance of the offer or a guarantee of fulfillment at the displayed price.
• (iv) Binding Contract Trigger: A binding contract of sale is formally executed only when Greenhouse & Polytunnels verifies stock allocation, confirms supplier pricing integrity, and issues a formal Shipping & Dispatch Notice or physical tax invoice from our Thomastown hub.
• (b) Transactional Confirmation Content & Product Page ETA Alignment:
• (i) Order Confirmation Content: Order Confirmation Notices generated by our system will itemize ordered SKUs, line-item purchase subtotals, customer contact details, and destination addresses.
• (ii) Incorporation of Product Page Baseline ETAs: The customer explicitly acknowledges that specific dispatch timelines, lead times, and Estimated Time of Arrival (ETA) ranges are defined by the specific product listing pages displayed on the Site at the exact time of purchase.
• (iii) Reference via Order Summary: The product links and item descriptions contained within the Order Confirmation Notice incorporate by reference the baseline handling and transit windows stated on those respective product listing pages, which together establish the contractually agreed "reasonable delivery timeframe" under Australian Consumer Law.
• (c) Customer Email Responsibility: The customer is solely responsible for entering an accurate, monitored email address and mobile phone number at checkout. Greenhouse & Polytunnels is not liable for delayed communications resulting from incorrect contact details, automated spam/junk filter redirections, or unmonitored mailboxes.
• (d) Pre-Checkout Click-Wrap Agreement & Binding Acknowledgment:
• (i) Express Agreement: By checking the mandatory "I agree to the Terms & Conditions" box on the cart page or checkout drawer, the customer enters into an express, legally binding click-wrap contract agreeing to all terms set out herein.
• (ii) Pre-Purchase Notice of Terms: The customer acknowledges that complete access to these Terms, including delivery parameters, handling lead times, and return policies, was provided prior to placing funds on hold or finalizing payment.
• (iii) Verification Failure Protocol: Orders will not proceed to payment processing or warehouse queuing without active execution of this click-wrap acknowledgment.

7.2 Commercial Greenhouses, Custom Frames & Professional Services

• (a) Scope of Commercial Orders & Installation Contracting:

Orders incorporating custom polytunnels, multi-span structures, shade houses, commercial framing components, or professional installation services are governed by this Article 7.2 in addition to the Master Terms & Conditions.

• (b) Nature of Installation Services — Obligation of Resources (Exclusion of Obligation of Result):
• (i) Resource Allocation Basis: The customer explicitly acknowledges and agrees that all installation, assembly, and site technical services provided by Greenhouse & Polytunnels are sold strictly as an Obligation of Resources (Means), and NOT as an Obligation of Result.
• (ii) Definition of Resource Allocation: The contract for installation services represents the reservation, allocation, and deployment of qualified personnel, technical equipment, and specialized tools to the customer’s site for a designated operational resource window.
• (iii) Exclusion of Result Guarantee: Greenhouse & Polytunnels does not warrant, guarantee, or undertake an absolute obligation of result (i.e., guaranteed full completion of a structure within the baseline window) where site conditions, customer omissions, ground impediments, or site dysfunctions prevent or delay execution.
• (c) Customer Duty of Site Readiness, Access & Site Conditions:

The customer assumes sole operational and financial duty for ensuring total site readiness prior to the arrival of the installation team. The customer explicitly warrants that:

• (i) Physical Access: The installation site is completely accessible via standard commercial vehicles and transport equipment, free from locked gates, aggressive livestock/animals, overhead hazards, or physical obstructions;
• (ii) Site Preparation & Leveling: The ground, pad, or footing area is fully cleared of vegetation, debris, old structures, rocks, and is properly excavated, compacted, and flat/level to engineering specifications;
• (iii) Underground Utilities & Obstructions: The site is free from unmarked underground services (electric, water, gas, irrigation, optical fiber) and impenetrable subsurface obstacles (such as rock shelves, buried concrete, or unexcavated tree roots);
• (iv) Mispositioning & Site Dysfunction: All site boundaries, orientation markers, and layout positioning provided by the customer are accurate and compliant with local council setbacks and zoning regulations.
• (d) Site Dysfunctions, Delays & Additional Labor Surcharges:
• (i) Consumption of Allocated Resources: Any site dysfunction, mispositioning, unlevel ground, uncleared debris, or delay caused by customer unreadiness that halts, slows down, or impedes the installation team directly consumes the allocated team resource window.
• (ii) Non-Liability for Non-Completion: If the allocated resource window expires prior to structure completion due to site delays, unreadiness, or customer-side dysfunctions, Greenhouse & Polytunnels is fully discharged from its performance obligations for that session and holds zero financial liability for non-completion.
• (iii) Idle Time & Standby Rates: Where the installation team is kept waiting on-site due to customer unreadiness, driver/access delays, or site clearance issues, idle time will be billed to the customer at our standard commercial labor rate of $120.00 AUD per person, per hour (or part thereof).
• (iv) Re-booking & Secondary Mobilization Fees: If an installation must be aborted or suspended due to severe site unreadiness or unaddressed site dysfunctions:
• The initial installation resource fee remains 100% non-refundable to cover allocated labor and travel costs; AND
• Rescheduling a secondary installation session will require the customer to execute a new Service Work Order and pay a Secondary Mobilization & Labor Surcharge prior to team re-deployment.

7.3 Supplier-Direct & Drop-Ship Consignments

• (a) Direct Fulfillment Network: Certain hardware, specialized tools, and commercial accessories listed on the Site are dispatched directly from third-party manufacturer or drop-ship distribution hubs ("Supplier-Direct Lines").
• (b) Multi-Package Consignments: Orders containing a combination of Thomastown warehouse stock and Supplier-Direct Lines may be split into multiple separate shipments. Each shipment will be issued an individual carrier consignment/tracking reference.
• (c) Suppressed Availability Attributes & Backorder Classifications:
• (i) No Implied In-House Stocking: Product listings on the Site display standard lead-time estimates and do not constitute a representation that items are physically stored at our Thomastown warehouse facility.
• (ii) Backorder Status Activation: Where a direct purchase order reveals supplier stock depletion, the item status converts to "Backordered." The customer will receive an electronic notification (via SMS or Email) containing a revised Estimated Time of Arrival (ETA).
• (iii) Non-Contractual Nature of ETAs: All estimated delivery dates—whether displayed on product pages, order confirmations, or revised via electronic delay notices—are non-contractual estimations subject to third-party manufacturing, shipping, port handling, and customs variables outside the direct control of Greenhouse & Polytunnels.
• (iv) Interactive SMS Delay Acknowledgment: Accepting a revised ETA via our automated SMS portal or customer link constitutes an executed addendum to the purchase contract, maintaining the order under active procurement subject to standard cancellation terms (Article 6.4d).

7.4 ORDER FULFILLMENT LIFECYCLE & PRODUCT-PAGE DELIVERY ESTIMATES

• (a) End-to-End Fulfillment Scope (Order-to-Door):

The fulfillment timeframe for any order represents the complete operational journey from initial order placement through internal queueing, supplier procurement, protective packaging, transit, and final doorstep delivery (or regional depot arrival). Greenhouse & Polytunnels does not operate under a fixed or standardized internal warehouse handover window.

• (b) Exclusive Authority of Product Page ETA Displays:
• (i) Product-Specific Estimates: Because different product categories (e.g., small hardware tools vs. custom polytunnels, heavy plastic film, or commercial multi-span kits) require distinct fabrication, procurement, and transport workflows, every product page on the Site displays its own dedicated fulfillment and delivery estimate via an Estimated Time of Arrival (ETA) tag, lead-time badge, or banner.
• (ii) Delivery Baseline: The specific ETA displayed on the individual product page at the exact time of purchase constitutes the agreed estimated delivery window under Australian Consumer Law (ACL). No external, offline, or static documentation governs fulfillment timelines.
• (c) Nature of ETAs, High Peak Seasons & Automatic Schedule Extensions:
• (i) Estimates, Not Fixed Deadlines: Product page ETAs represent reasonable, good-faith operational baselines calculated during standard transport conditions and normal supply chain throughput. They do not constitute guaranteed or rigid completion dates.
• (ii) Automatic High Peak Season ETA Extensions: The customer explicitly acknowledges and agrees that orders placed during designated High Peak Seasons or Major Commercial Trading Events are automatically subject to an extended fulfillment and delivery buffer of two (2) to four (4) additional weeks beyond the baseline ETA tag, lead-time badge, or banner displayed on the product page.
• (iii) Designated High Season & Commercial Trading Windows: The automatic 2 to 4 week peak season delivery extension applies to all orders placed within or delivering during the following calendar periods:
• Seasonal High-Peak Months: March, April, May, August, September, and October;
• Commercial & Financial Trading Events:
• End of Financial Year trading period (EOFY — June);
• Black Friday / Cyber Monday promotional campaigns (November); and
• Christmas & New Year holiday logistics shutdown (December through January).
• (iv) Operational Factors Influencing Variations: In addition to designated peak season windows, end-to-end delivery timelines may fluctuate due to regional or remote transit constraints, custom length cutting, structural fabrication, or third-party manufacturer supply delays.
• (d) Backorders, Schedule Amendments & The 7-Day Resolution Window:
• (i) Good-Faith Non-Contractual Nature of Updated ETAs: Where an order experiences a manufacturer backorder, raw material delay, or supply chain extension beyond the initial product page baseline, Greenhouse & Polytunnels will issue a formal Delay Notification via SMS and/or Email. The updated Estimated Time of Arrival (ETA) stated in this notification represents a good-faith, non-contractual operational estimate derived from third-party supplier schedules.
• (ii) 7-Day Customer Action Window: Upon receipt of a Delay Notification, the customer is granted a window of seven (7) calendar days ("Resolution Window") to respond via the provided portal link or written notice, selecting one of two options:
• Option A (Active Extension): Confirm acceptance of the updated ETA to hold stock allocation; OR
• Option B (100% Full Refund): Reject the updated timeframe and cancel the affected line item(s) to receive a 100% full cash refund to the original payment method with zero administrative fees.
• (iii) Passive Deemed Acceptance (Silence / No Response Rule): If the customer does not respond or submit a cancellation request within the seven (7) calendar day Resolution Window, the customer is legally deemed to have silently accepted the updated estimated timeframe ("Deemed Acceptance"). Upon Deemed Acceptance, stock allocation is permanently locked in with suppliers and production scheduling proceeds.
• (iv) Conversion to Change of Mind Status After 7 Days: Where a customer seeks to cancel an order after the 7-day Resolution Window has expired (and prior to the expiration of the updated estimated timeframe):
• The cancellation will no longer be classified as a Supply Chain Delay Cancellation;
• The transaction will be processed strictly under Article 10.1 (Change of Mind Policy);

AND

• A mandatory 15% Administrative & Restocking Fee will be deducted from any final refund or store credit to cover allocated procurement, inventory holding, and administrative costs.

7.5 Split-Shipment & Multi-Warehouse Fulfillment Transparency

• (a) Split Fulfillment Notice: Orders combining inventory stored at our Thomastown hub with Supplier-Direct Lines will be dispatched across separate consignments.
• (b) Cart Transparency Badge: When multiple fulfillment hubs are detected during checkout, an automated notification displays:

"Split Fulfillment Notice: This order contains items dispatched from two separate distribution hubs. You will receive separate tracking references for each delivery at no extra charge."

• (c) No Partial Delivery Breach: Receiving an initial consignment does not imply missing stock or constitute a partial delivery default under these Terms.

8.1 Delivery Methods, Carrier Restrictions & Biosecurity

• (a) Carrier Assignment: Smaller items (typically under 100cm in length and under 20kg physical weight) are dispatched via Australia Post or standard parcel networks. Oversized, heavy, commercial, or structural goods (including polytunnels, shade structures, rolls of film, and steel components) are dispatched via specialist heavy-freight transport carriers.
• (b) Physical Address Requirement: Specialist freight and bulky items cannot be delivered to Australia Post PO Boxes, Parcel Lockers, or locked postal addresses. A physical street address with clear street access is required for all freight carrier dispatches.
• (c) Dangerous Goods Shipping: Certain chemical garden products, crop protection formulas, and organic feeds are classified as Dangerous Goods (DG) and cannot be transported via Australia Post. These goods will be re-routed via licensed road freight couriers, which may alter transit lead times or shipping costs.
• (d) State Biosecurity Exclusions: Due to strict state biosecurity legislation, potting mixes and soil conditioners cannot be shipped to Western Australia (WA), Northern Territory (NT), or Tasmania (TAS). Vegetable, fruit, and flower seeds cannot be shipped to Western Australia (WA). Orders placed for biosecurity-restricted products bound for these states will be automatically cancelled and refunded in full.

8.2 Commercial, Heavy & Palletized Freight Delivery Specifications

• (a) Palletized Shipment Thresholds: Any single carton or combined consignment exceeding 25kg–30kg in physical weight, or exceeding 200cm in length, must be palletized, strapped, and secured for heavy-freight transport safety.
• (b) On-Site Forklift Requirement: Unless a Tailgate Hydraulic Delivery service has been specifically requested, quoted, and paid for in advance (Tailgate Delivery cannot be selected at checkout — customers must contact Greenhouse & Polytunnels for a quote), all palletized deliveries dispatched to residential, rural, or commercial addresses require the recipient to have an operational forklift and certified operator on-site at the time of delivery vehicle arrival.
• (c) Tailgate Hydraulic Delivery Service (Mandatory Unloading — Request & Quote Only):
• (i) Where a delivery destination lacks certified forklift unloading equipment, the customer MUST specifically request Tailgate Delivery by contacting Greenhouse & Polytunnels for a written freight quote prior to dispatch. Tailgate Delivery cannot be selected at checkout.
• (ii) Tailgate delivery allocates a specialized freight vehicle equipped with a hydraulic tail-lift to lower pallets to ground level.
• (iii) Tailgate delivery is strictly limited to flat, accessible kerbside or driveway offloading only. Driver assistance beyond ground-level offloading is not included.
• (d) Non-Selection Protocol & Depot Redirection: In the event that an order requiring palletized transport is booked without a specifically requested and paid Tailgate Delivery arrangement, and the driver arrives on-site to discover no operational forklift is available (or access is deemed unsafe by the carrier driver):
• (i) The driver will abort offloading to prevent physical injury or cargo damage;
• (ii) The consignment will be redirected to the nearest regional freight carrier depot;
• (iii) Greenhouse & Polytunnels will contact the customer to issue a Freight Correction Notice. The customer must elect one of two resolution options within forty-eight (48) hours:
• Option 1 (Depot Self-Collection): Collect the palletized shipment directly from the regional carrier depot using suitable transport equipment at no additional charge; OR
• Option 2 (Tailgate & Redelivery Surcharge): Approve and pay the carrier’s secondary Tailgate & Redelivery Surcharge (ranging from 150.00 AUD to 600.00 AUD depending on carrier zone rates) to schedule a second delivery attempt via a hydraulic lift vehicle.
• (e) Commercial Business Address & Forklift Warranty:
• (i) Customer Express Warranty: Selecting a "Business Address / Commercial Delivery" rate at checkout constitutes an express legal warranty by the customer that the destination address is a recognized commercial zone equipped with an operational forklift and certified operator on-site during business hours.
• (ii) Failed Unloading Surcharges: If a heavy transport carrier attempts delivery to a business address that lacks forklift unloading equipment, or is re-classified by the carrier as a residential/farmhouse location, the driver will abort delivery.
• (iii) Liability for Aborted Deliveries: The customer assumes 100% financial liability for all carrier-imposed re-delivery fees, tailgate hydraulic lift surcharges, or depot return charges. Re-dispatch will not occur until all secondary freight fees are paid in full. Failure to pay within fourteen (14) calendar days results in contract termination under Article 10.1 (Change of Mind terms).
• (e) Refusal of Surcharges & Return-to-Warehouse Cancellation: If the customer refuses to pay the required Tailgate & Redelivery Surcharge AND refuses to collect the consignment from the regional depot, the shipment will be recalled and returned to our Thomastown warehouse facility. In this event:
• (i) The transaction will be cancelled as a Customer-Initiated Order Default;
• (ii) Freight Non-Coverage: Initial outbound freight charges AND secondary carrier return-freight charges incurred to transport the pallet back to Thomastown are strictly non-refundable and will NOT be covered by Greenhouse & Polytunnels;
• (iii) 15% Restocking Fee Application: A mandatory 15% Administrative & Warehouse Restocking Fee will be calculated based on the total product purchase price and deducted from the remaining balance to cover unpalletizing, inspection, and inventory re-stocking labor;
• (iv) Final Refund Calculation:

Final Refund = Product Purchase Price - [Outbound Freight + Return Freight + 15% Restocking Fee]

• (v) In the event that total freight charges (outbound + return) plus the restocking fee exceed the product purchase value, no cash refund will be payable.
• (f) Failed Unloading, Customer Absence & Delivery Failure Scenarios: Greenhouse & Polytunnels accepts zero financial or logistical liability for delivery failures, aborted transport attempts, or secondary carrier surcharges resulting from customer-side operational defaults. The customer shall assume 100% financial responsibility for all carrier-imposed fees across any of the following delivery failure scenarios:
• (i) Unattended Site & Recipient Absence (No Authority to Leave): Where an order is dispatched without a granted Authority to Leave (ATL)—or where ATL is prohibited due to consignment weight, size, or transport safety regulations—and no authorized representative is present at the delivery location during the carrier's scheduled delivery window;
• (ii) Inaccessible Delivery Location & Road Restrictions: Where the transport vehicle is unable to gain safe physical access to the delivery site due to locked security gates, narrow access roads, low-hanging trees/overhead cables, unsealed or flooded rural tracks, steep gradients, or local council vehicle weight/length restrictions;
• (iii) Unreachable Contact Details: Where the carrier driver or dispatch operator attempts to contact the customer via phone or SMS prior to or upon arrival at the delivery site, and the customer is unreachable or fails to respond within the driver's designated operational window;
• (iv) Driver Demurrage & Excessive On-Site Waiting Time: Where the delivery vehicle arrives on-site during the scheduled window, but offloading is delayed beyond the carrier’s standard complimentary allowance (typically 15 minutes) due to customer site unreadiness, lack of space clearance, or delayed operator arrival. Any driver waiting-time fees (demurrage) billed by the carrier (ranging from 40.00 AUD to 150.00 AUD per 15-minute block) will be passed directly to the customer;
• (v) Refusal to Accept Delivery: Where the customer or site representative turns away the carrier driver, refuses to accept the consignment, or halts offloading for reasons unrelated to verified transit damage.
• (g) Withholding of Goods & Non-Release Pending Surcharge Payment:
• (i) Possessory Lien & Payment Prerequisite: In the event of any delivery failure outlined in sub-clause 8.2(f), the consignment will be returned to the nearest regional carrier depot or recalled to our Thomastown warehouse facility.
• (ii) Non-Release Policy: Greenhouse & Polytunnels strictly reserves the right to hold, retain, and withhold release or re-dispatch of the goods. Under no circumstances will the consignment be re-dispatched for secondary delivery, redirected to an alternative address, or made available for depot customer pickup until ALL accrued carrier charges—including aborted delivery fees, driver waiting fees, return freight, and secondary redelivery surcharges—have been PAID IN FULL by the customer.
• (iii) Carrier Invoice Indemnification: The customer acknowledges that third-party freight carriers bill these surcharges directly to Greenhouse & Polytunnels as the consignor. By agreeing to these Terms, the customer contractually indemnifies Greenhouse & Polytunnels against all such transport penalties resulting from customer delivery default.
• (h) Depot Daily Storage, Unclaimed Freight & Default Liquidation:
• (i) Daily Storage Fees: Where a consignment is held at a regional carrier depot following an aborted delivery attempt, the carrier may grant a complimentary holding period (typically 48 hours). Following this window, the customer assumes full financial liability for daily depot holding and storage fees (typically 25.00 AUD to 75.00 AUD per pallet, per day) accrued until resolution.
• (ii) 14-Day Default Threshold: If an aborted order remains unresolved, or if the customer fails to pay accrued redelivery/storage surcharges within fourteen (14) calendar days of notification, the order will be formally classified as Abandoned Customer Freight.
• (iii) Order Cancellation & Default Deduction: Abandoned orders will be recalled to our Thomastown warehouse, and the contract terminated due to Customer Breach. Final account settlement will be calculated as follows:

Final Refund/Credit = Original Purchase Value - [Outbound Freight + Return Freight + Accrued Depot Storage Fees + 15% Restocking Fee]

• (iv) Zero Balance / Debt Recovery: In the event that total accrued transport penalties, storage costs, and restocking fees exceed the total original purchase price, the customer's entitlement to a cash refund or store credit is reduced to zero ($0.00 AUD). Greenhouse & Polytunnels reserves the right to pursue recovery of any remaining net loss through standard commercial collection channels.

8.3 Delivery Address Amendments & 48-Hour Modification Window

• (a) Initial Modification Window: The customer is granted a strict window of forty-eight (48) hours from the issuance of the initial Order Confirmation Notice to notify Greenhouse & Polytunnels in writing of any error or required amendment to the delivery street address.
• (b) Post-Dispatch Re-Consignment Surcharges: Where a customer requests an address change, delivery method alteration, or redirection after the 48-hour window has elapsed or after the consignment has physically departed our Thomastown hub / regional supplier warehouse:
• (i) Greenhouse & Polytunnels will attempt to submit a carrier re-consignment request;
• (ii) The customer assumes 100% financial liability for any secondary re-routing fees, depot transfer charges, or re-consignment surcharges (150.00 AUD to 600.00 AUD+ depending on carrier zone rates) billed by the freight carrier;
• (iii) The consignment will not be released to the updated destination until all re-consignment surcharges are paid in full.

8.4 Supplier Backorders, Lead-Time Extensions & Cancellation Rights

• (a) Notification of Supply Chain Delay: In the event an ordered item experiences an unexpected manufacturer backorder, raw material shortage, or transport delay extending dispatch beyond the initial product page baseline:
• (i) Greenhouse & Polytunnels will issue an automated Delay Notification via SMS or Email containing a secure Resolution Portal link;
• (ii) The notification will state the revised Estimated Time of Arrival (ETA) supplied by the manufacturer.
• (b) Tokenized Timeline Extension: Interacting with the Resolution Portal and selecting [Accept & Lock-in Allocation] creates a digitally signed contract variation that updates the contractually agreed "reasonable delivery timeframe" under Australian Consumer Law (ACL).
• (c) Cancellation & Full Refund Right (Supply Chain Delays): If the customer declines the revised ETA within the Resolution Portal prior to physical dispatch:
• (i) The order will be cancelled immediately;
• (ii) A 100% full cash refund will be issued to the original payment method;
• (iii) No administrative fees or restocking charges will apply, as the cancellation was directly triggered by a supply chain timeline variation.

8.5 Site Access Instructions, Locked Gates & Livestock Warnings

• (a) Customer Delivery Access Duty: During checkout, the customer is required to provide complete site access instructions in the dedicated cart field (e.g., gate codes, narrow dirt tracks, low branches, steep driveways, or uncontained livestock/dogs).
• (b) Demurrage & Aborted Delivery Indemnity: Failure to disclose physical site impediments that cause driver delays or force an aborted delivery renders the customer 100% liable for all resulting driver demurrage fees (40.00 to 150.00 per 15 minutes) and secondary re-delivery surcharges under Clause 8.2(g).

8.6 Depot Consignment Refusals & Abandonment

• (a) Depot Arrival & Inspection Obligations: Where freight is booked for regional depot collection or redirected to a carrier hub, the customer is required to collect the consignment within the carrier’s standard holding window (typically 5 to 7 business days).
• (b) Refusal of Delivery / Depot Abandonment as Contract Breach: Refusing to accept or collect a consignment at a regional carrier depot—whether due to minor outer packaging scuffs, transit delays, or change of preference—constitutes an unauthorized contract termination and Change of Mind default under Article 10.1.
• (c) Financial Adjustments Upon Depot Return: Where a consignment is returned to our Thomastown warehouse following a customer depot refusal:
• All original and return freight charges incurred by Greenhouse & Polytunnels are 100% non-refundable; and
• A mandatory 15% Administrative & Restocking Fee will be deducted from any remaining product refund.

9.1 Installation Service Scope & Contracting Basis

• (a) Elective Contracted Service: Professional assembly and site construction services are provided as an optional, contracted add-on service for designated greenhouse, polytunnel, shade house, and commercial structural kits.
• (b) Obligation of Resources (Means) Legal Framework: Pursuant to Clause 7.2(b), all installation services provided by Greenhouse & Polytunnels are sold strictly as an Obligation of Resources (Means), and NOT as an Obligation of Result. The installation contract represents the allocation and deployment of qualified personnel, technical equipment, and tools to the customer’s site for a specified operational resource window.
• (c) Standard Installation Duration: Professional installations typically require three (3) to five (5) operational business days on-site, depending on structural scale, ground conditions, weather, and kit configuration.

9.2 Customer Site Preparation, Access & Utility Requirements

Prior to the arrival of the installation team, the customer assumes sole operational and financial duty to prepare the site in strict accordance with the following specifications:

• (a) Ground Leveling, Excavation & Drainage:

The installation site must be completely cleared of vegetation, old structures, tree roots, rocks, and surface debris prior to team arrival.

The ground, pad, or footing area must be flat, level, well-drained, and properly excavated or compacted to engineering standards.

• (b) Mandatory Spatial Clearances:

Perimeter Clearance: A continuous, unobstructed working clearance of at least one (1) meter must be maintained around the entire external perimeter of the planned structure.

Vehicle & Transport Access: Unobstructed vehicle access with a minimum clearance of three (3) meters in width and height must be provided from the public road to the exact installation pad for commercial transport trucks, machinery, and equipment.

• (c) On-Site Utilities & Resource Provision:

The customer must provide continuous, safe access to standard 240V electrical power (or an operational commercial generator) within 20 meters of the installation pad.

The customer must provide continuous access to pressurized water on-site for concrete footing mixing and ground anchor installation.

• (d) Underground Services & Permits:

The site must be clearly marked and free from hidden or unmarked underground services (including electrical lines, water pipes, gas mains, irrigation, and optical fiber).

Pursuant to Clause 11.1(a), obtaining all required local council permits, building approvals, and zoning clearances remains 100% the customer's legal responsibility.

9.3 On-Site Presence, Weather Delays & Standby Surcharges

• (a) Customer / Authorized Representative Presence: The customer or a nominated adult representative must be present on-site during initial site setup to confirm structure orientation/positioning, and at the completion of assembly to conduct a joint inspection and sign the installation handover certificate.
• (b) Weather Delays & Force Majeure: Structural assembly—specifically plastic film stretching, cover tensioning, and high-altitude framing—requires safe environmental conditions. Work stoppage due to dangerous winds, heavy rain, lightning, or flooded ground is classified under Force Majeure (Article 18.2). Installation timelines automatically suspend during weather delays without penalty to Greenhouse & Polytunnels.
• (c) Customer-Caused Standby & Idle Time Rates: Pursuant to Clause 7.2(d), any site dysfunction, uncleared debris, unlevel ground, locked gates, or customer delays that halt or impede the installation team directly consumes the allocated resource window. Idle team waiting time will be billed directly to the customer at our standard commercial rate of $120.00 AUD per person, per hour (or part thereof).
• (d) Aborted Installations & Re-Mobilization Fees: If an installation session must be aborted due to severe customer unreadiness or unaddressed site impediments, the initial resource fee remains 100% non-refundable, and rescheduling requires the customer to pay a Secondary Mobilization & Labor Surcharge prior to team re-deployment.

9.4 Workmanship Warranty & Operational Exclusions

• (a) 12-Month Workmanship Warranty: Greenhouse & Polytunnels provides a twelve (12) month workmanship warranty covering physical assembly defects resulting directly from operational errors by our employed installation personnel.
• (b) Scope of Coverage: The workmanship warranty applies strictly to structural frame squareness, fastener tightening, wiggle wire seating, and initial cover tensioning executed by our official installation team.
• (c) Specific Workmanship Warranty Exclusions: The 12-month workmanship warranty strictly EXCLUDES coverage for:
• (i) Subsequent ground movement, site subsidence, soil erosion, flooding, or pad deterioration occurring after installation handover;
• (ii) Customer failure to perform routine maintenance, including periodic re-tensioning of plastic film, tightening of structural clamps, or clearing gutter debris;
• (iii) Structural deformation or cover tearing resulting from wind loads exceeding AS/NZS 1170.2 design limits or official Bureau of Meteorology (BOM) severe weather events (Clause 11.4); and
• (iv) Unauthorized third-party alterations, structural modifications, or secondary attachments added to the frame post-handover.
• (d) DIY & Self-Assembly Disclaimer: Where goods are assembled by the customer or independent third-party contractors, Greenhouse & Polytunnels bears zero liability for installation quality, frame distortion, or cover damage, governed strictly under Clause 11.1(b).

10.1 Change of Mind Policy (ACL Exclusion Statement)

• (a) No Automatic Right of Return: In strict accordance with Australian Consumer Law (ACL), Greenhouse & Polytunnels is under no legal obligation to accept returns, issue store credits, or process cash refunds for "Change of Mind" purchases.
• (b) Definition of Change of Mind: Change of Mind includes, but is not limited to, scenarios where a customer:
• (i) Alters their personal gardening or agricultural project timeline;
• (ii) Misjudged site space, structure sizing, or property layout;
• (iii) Finds an alternative product elsewhere after order placement; or
• (iv) Elects to cancel due to standard advertised lead times or metropolitan ETAs that were visible prior to purchase.
• (c) Absolute Discretionary Exception: Any exception to this Change of Mind policy remains at the sole written discretion of Greenhouse & Polytunnels management. If an order cancellation or return is exceptionally approved under Change of Mind after warehouse processing or picking has commenced, the customer must elect one of two settlement paths:
• Option 1 (Cash Refund): Receive a cash refund minus a mandatory 15% Administrative & Warehouse Restocking Fee deducted from the total product purchase value (outbound freight remains 100% non-refundable); OR
• Option 2 (Full Value Voucher): Receive 100% of the original product purchase value issued as a non-expiring Store Credit Voucher with zero restocking fee deduction.

10.2 Custom, Cut-to-Length & Special Order Exclusions

• (a) Non-Returnable Custom Lines: Pursuant to former Section 10.2, orders incorporating custom-manufactured goods, made-to-order structural kits, custom-cut steel tubing, special-order shade cloth, or custom plastic film lengths cut specifically to customer dimensions cannot be cancelled, amended, or returned once physical production, steel cutting, or warehouse unrolling has commenced.
• (b) Defect Exception: Custom and made-to-order goods are strictly excluded from Change of Mind returns and are eligible for remedy exclusively in cases of verified manufacturing defects or transit damage under Clause 10.3.

10.3 Damaged, Defective or Faulty Goods (ACL Consumer Guarantees)

• (a) Statutory Consumer Guarantees: 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.
• (b) Mandatory 48-Hour Transit Damage Inspection Window:
• (i) The customer must thoroughly inspect all delivered cartons, steel bundles, plastic rolls, and accessories immediately upon arrival at the delivery address or collection from a regional depot.
• (ii) Any transit damage, structural defect, missing cartons, or manufacturing fault must be reported to Greenhouse & Polytunnels in writing within forty-eight (48) hours of receipt of delivery.
• (iii) Damage reports must be submitted via email to [email protected] accompanied by clear digital photographic or video evidence showing the outer packaging, shipping label, and the specific damaged component.
• (c) Remedies for Verified Damage / Faults: Where a product is verified as damaged in transit or defective upon arrival, Greenhouse & Polytunnels will, in consultation with the customer and pursuant to the ACL: (i) Dispatch a replacement product or spare component at zero additional charge (including $0 shipping fees); OR (ii) Issue a 100% full cash refund for the affected line item(s) to the original payment method.
• (d) Statutory Exclusions: Consumer guarantees do not apply to product damage caused by improper customer site storage, incorrect self-installation, failure to follow assembly manuals, severe weather events exceeding rated structural limits, or normal operational wear and tear.

10.4 Approved Return Logistics & Resale Condition Criteria

Where a Change of Mind return or item exchange is exceptionally authorized in writing by Greenhouse & Polytunnels:

• (a) Return Freight Obligation: The customer assumes 100% financial and logistical responsibility for organizing and paying all transport and carrier freight costs required to return the goods to our Thomastown warehouse facility. Initial outbound delivery freight paid on the original order is non-refundable.
• (b) Packaging & Resale Condition: Returned items must arrive at our Thomastown facility in 100% unused, pristine, un-assembled condition, enclosed in original protective packaging, with all hardware packs, components, and instruction manuals intact.
• (c) Rejection of Damaged Returns: If returned goods arrive at our warehouse damaged due to inadequate customer repacking or transit abuse, the return will be rejected, no refund or store credit will be issued, and the customer must pay for return freight to re-collect their items.

11.1 Baseline Warranty Periods & Defect Coverage

Subject to the statutory guarantees provided under Australian Consumer Law (ACL) and the specific exclusions detailed in this Article 11, Greenhouse & Polytunnels provides the following express structural and material warranty baselines for manufacturing defects:

• (a) Galvanized Steel Frame Structural Corrosion Resistance: Ten (10) years against structural rust-through failure on heavy structural steel tubing;
• (b) Commercial Polyethylene Film & Covers: Five (5) years pro-rata against manufacturing defects (subject strictly to Clause 11.3 chemical exposure rules); and
• (c) Hardware, Fasteners & Accessories: Two (2) years against manufacturing defects.

11.2 Structural Assembly, DIY & Engineering Compliance

• (a) Permit Responsibility: The customer assumes sole legal responsibility for identifying, applying for, and securing all necessary local council permits, building approvals, zoning clearances, and engineering sign-offs required for structure erection. Non-issuance of a permit does not constitute grounds for order cancellation or return.
• (b) DIY Installation Disclaimer: Where goods are assembled by the customer or third-party contractors, Greenhouse & Polytunnels assumes zero liability for structural failure, frame distortion, or cover damage resulting from failure to follow supplied assembly manuals, improper earth anchorage, inadequate concrete footings, or insufficient cover tensioning.

11.3 Polyethylene Film & Ag-Chemical Exclusions

• (a) Chemical Degradation: Ultraviolet (UV) resistance guarantees on plastic films, polytunnel covers, and shade cloths strictly EXCLUDE degradation caused by chemical contact. Exposure to elemental sulfur (including sulfur burners/evaporators), halogenated compounds, chlorine, or copper-based sprays accelerates UV breakdown and voids all product warranties.
• (b) Frame Insulation: Plastic film warranties require the frame to be insulated with specialized anti-friction/friction tape prior to film tensioning. Direct contact with unpainted or overheating dark metal framing voids film longevity claims.

11.4 Unpacking & Tool Damage Exclusion

• (a) Box Cutters & Stanley Knife Slashes: Claims for tears, punctures, slashes, or straight cuts on flexible goods (including plastic film rolls, weed matting, shade cloth, insect netting, and ground covers) will be strictly rejected where physical inspection or photography displays straight-line cutting patterns consistent with box cutters, Stanley knives, or un-sheathed blades used during carton unpacking.
• (b) Inspection Duty Prior to Opening: Customers must inspect outer transport packaging prior to opening and utilize safety guard cutters or pull-strips to unpack flexible goods.

11.5 Wind Region Classifications, Site Exposure & Environmental Loadings (AS/NZS 1170)

• (a) Standard Engineering Baseline: Unless explicitly sold as a custom, site-engineered commercial structure with site-specific engineering certification, all standard greenhouse, polytunnel, shade house, and shelter kits supplied by Greenhouse & Polytunnels are designed and manufactured for standard rural exposure strictly within Australian Wind Region A (Standard Non-Cyclonic) in accordance with AS/NZS 1170.2 (Structural Design Actions - Wind Actions).
• (b) Customer Site Verification Duty: The customer assumes sole legal and operational duty to independently verify local council wind classifications, site exposure ratings, topography factors, and regional wind hazards (including Wind Regions B, C, or D / Cyclonic Zones) prior to purchasing or installing any structure. Purchasing a standard kit for deployment in high-wind, coastal, elevated ridge, or cyclonic zones without custom engineering modifications is undertaken entirely at the customer’s sole risk.
• (c) Act of Nature & Extreme Weather Exclusions: Structural integrity warranties and defect guarantees strictly EXCLUDE physical failure, frame deformation, anchor displacement, or cover tearing resulting from:
• (i) Wind gusts, storm fronts, squalls, microbursts, or cyclonic activity exceeding the baseline rated velocity of the supplied kit;
• (ii) Severe weather events accompanied by official Bureau of Meteorology (BOM) severe weather warnings, gale warnings, or tropical cyclone alerts; or
• (iii) Flying debris, tree impact, or extreme environmental pressure differentials.
• (d) Mandatory Maintenance & Cover Tensioning Prerequisite: Wind load resistance relies entirely upon structural tension and ground anchorage. Structural damage resulting from slack or un-tensioned plastic film, loose wiggle wire, inadequate ground augers, shallow earth footings, or open door/vent panels during high-wind events is classified as operational negligence and strictly voids all warranty claims.

11.6 Outer Packaging Scuffs & Proprietary Brand Component Guarantee (MADI)

• (a) Cosmetic Transit Scuffs vs. Structural Integrity: The customer acknowledges that heavy structural steel framing, polytunnel kits, and long-length hardware are heavy-freight commodities. Scuffing, tearing, or crushing of outer cardboard cartons or protective plastic wrap during regional transport does not constitute a defective or non-conforming product under Australian Consumer Law if the internal components remain structurally sound.
• (b) Scope & Brand Eligibility (In-House Brands Only): The express Free Replacement Component Guarantee outlined in sub-clause 11.5(c) applies STRICTLY AND EXCLUSIVELY to proprietary in-house brands manufactured, designed, or exclusively distributed under the ownership of Greenhouse & Polytunnels (currently comprising all MADI structural frames and polytunnel kits, and any future proprietary in-house brands formally designated in writing by the business).

Third-party vendor products, imported accessories, and non-proprietary supplier hardware (e.g., Felco, Ryset, or third-party tools) are strictly excluded from this direct merchant replacement scheme and remain subject to standard manufacturer warranty terms and carrier damage claims.

• (c) Free Replacement Component Guarantee for MADI & In-House Brands: To resolve verified transit damage to eligible MADI structural kits without necessitating full pallet returns:
• (i) Greenhouse & Polytunnels guarantees to dispatch replacement components, bent steel tubes, lock channels, or damaged frame accessories 100% free of charge (including zero additional freight costs to the customer) upon receipt of digital photographic or video evidence within forty-eight (48) hours of physical delivery;
• (ii) Dispatches under this guarantee will be executed on a priority handling basis and delivered directly to the customer's specified address or nearest freight hub; and
• (iii) Acceptance of replacement MADI components fully satisfies the merchant's repair and replacement obligations under Schedule 2 of the Competition and Consumer Act 2010 (Cth) / Australian Consumer Law.
• (iv) Greenhouse & Polytunnels strictly reserves the right to require the return of any allegedly damaged component via a prepaid return label, or to conduct a live video verification, prior to releasing secondary replacement parts.

12.1 Total Financial Liability Cap

To the maximum extent permitted by law (and subject to statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) / Australian Consumer Law):

• (a) Total Cumulative Cap: The maximum aggregate liability of Greenhouse & Polytunnels (including its directors, officers, employees, suppliers, and agents) arising out of or in connection with any order, sales contract, goods supplied, or installation services provided—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—shall under no circumstances exceed 100% of the total purchase price (in AUD) actually paid by the customer for the specific goods or services giving rise to the claim.

12.2 Exclusion of Consequential & Commercial Losses

Greenhouse & Polytunnels accepts zero financial or legal liability for indirect, incidental, special, punitive, or consequential losses suffered by the customer or any third party. This exclusion strictly applies to, but is not limited to:

• (a) Loss of agricultural crops, nursery plants, seed stock, or produce yield;
• (b) Loss of commercial revenue, business profits, contracts, or market opportunities;
• (c) Labor costs, site remediation costs, equipment rental fees, or standby time; and
• (d) Business interruption, storage losses, or third-party indemnity claims.

12.3 Australian Consumer Law (ACL) Saving Provision

Nothing in these Terms purports to modify, restrict, or exclude any non-excludable statutory rights, remedies, or statutory guarantees provided under the Australian Consumer Law. Where a statutory consumer guarantee applies and cannot be excluded, but law permits liability limitation, the liability of Greenhouse & Polytunnels is strictly limited, at its sole discretion, to:

• (a) The replacement of the goods or the supply of equivalent goods;
• (b) The repair of the goods;
• (c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
• (d) The refund of the purchase price paid for the affected goods.

13.1 General Site Preparation & Mandatory Access Clearances

Prior to purchasing, taking delivery of, or assembling any greenhouse, polytunnel, shade structure, cold frame, or commercial framing kit, the customer assumes sole operational responsibility to ensure that the designated installation or drop-off location meets the following baseline physical criteria:

• (a) Level & Properly Excavated Site Pad: The site pad must be completely flat, level, compacted, and well-drained prior to delivery or assembly;
• (b) Perimeter Working Clearance: A continuous, unobstructed working clearance of at least one (1) meter must be maintained around the entire external perimeter of the planned structure footprint to allow for cover tensioning, anchoring, and maintenance access;
• (c) Commercial Vehicle Access: An unobstructed vehicular access path with a minimum clearance of three (3) meters in width and height must be maintained from public roads to the exact site pad for delivery vehicles, machinery, and material handling equipment; and
• (d) Soil & Ground Conditions: Ground conditions must possess adequate structural load-bearing capacity to receive earth augers, concrete piers, or ground anchor pegs without risk of sinkage or structural movement.

13.2 Customer Duty of Independent Site Assessment

• (a) Evaluation Responsibilities: The customer is solely responsible for independently assessing and evaluating all site-specific variables prior to placing an order. This includes, but is not limited to, evaluating:
• (i) Soil stability, compaction, and subsurface composition (including presence of rock shelves, clay expansion, or subterranean water tables);
• (ii) Surface water runoff, natural drainage pathways, and potential flooding zones;
• (iii) Local microclimates, shade patterns, and regional wind exposure risks (governed under Clause 11.5); and
• (iv) Access boundaries, property set-backs, and local council zoning bylaws.
• (b) Professional Engineering Advice: Independent professional site assessment by a qualified civil engineer, surveyor, or agronomic consultant is strongly recommended for commercial multi-span structures, elevated ridge properties, or high-wind coastal deployments.

13.3 Turnkey Solutions & Educational Planning Resources

• (a) Turnkey Services: Where requested, Greenhouse & Polytunnels can provide custom site design, turnkey structural planning, and site assessment consultations as an additional professional service. (b) Informational Resources Disclaimer: Third-party guides, soil planning links, council permit references, or site assessment resources provided on the Site or by our support team are supplied strictly for general informational and educational purposes. Such resources do not constitute site-specific engineering certifications or formal land surveys and do not replace independent professional site evaluation.

13.4 Subsurface Impediments, Drainage & Subsidence Disclaimer

To the maximum extent permitted by law, Greenhouse & Polytunnels accepts zero financial or legal liability for structural failure, frame distortion, cover tearing, flooding, or operational delays caused by: (a) Unmarked subterranean hazards, including buried concrete, rock ledges, tree roots, or underground utility services (electric, gas, water, optical fiber, irrigation); (b) Water accumulation, soil erosion, ground shifting, subsidence, or mud slides occurring beneath or around the structure pad after delivery or installation; or (c) Customer failure to secure necessary local council permits, environmental sign-offs, or building approvals prior to site establishment (Clause 11.2).

14.1 Privacy Policy & Personal Data Collection

• (a) Statutory Compliance: Greenhouse & Polytunnels collects, stores, processes, and handles all personal and business information in strict compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and our official Privacy Policy published on the Site.
• (b) Scope of Information Collected: Personal data collected during account registration, quote generation, cart checkout, or customer service interactions includes, but is not limited to: full legal name, business trading name, Australian Business Number (ABN/ACN), phone numbers, email addresses, delivery street addresses, site access instructions, photo identification details, payment tokens, and IP addresses.
• (c) Primary Purpose of Collection: Personal information is collected strictly to evaluate sales quotes, process orders, verify age/identity credentials, fulfill transport logistics, issue tax invoices, manage warranty claims, and comply with state and federal legislative requirements.

14.2 Database AUDit Trail & Event Logging

• (a) System Event Recording: The customer explicitly acknowledges that all digital interactions across the Site—including order creations, click-wrap Terms & Conditions acceptances, promotional code applications, dynamic freight calculations, address inputs, electronic notification transmissions (SMS and Email), customer portal selections, payment gateway authorization tokens, and cancellation/refund settlements—are automatically logged and permanently stored within our secure database audit trail.
• (b) Evidentiary Authority: In the event of a dispute regarding order placement timing, agreed delivery lead times, promotional code usage, or checkout terms acceptance, the timestamped logs within our database audit trail serve as authoritative, primary evidence of the transaction history.

14.3 Logistics Data Transmission & Third-Party Sharing

To execute doorstep deliveries, regional depot collections, on-site installations, and payment processing, Greenhouse & Polytunnels is authorized to share necessary personal and site details with trusted third-party service providers, including: (a) Freight Carriers & Couriers: Transport partners (e.g., Australia Post, Big Post, Northline) to whom recipient names, delivery addresses, phone numbers, and site access instructions (such as gate codes, unsealed road notes, or animal warnings) are transmitted to complete transit;

• (b) Installation Contractors: Employed or contracted assembly teams allocated to perform on-site technical services; and
• (c) Financial Institutions & Gateways: Merchant payment processors, fraud protection services, and BNPL providers (e.g., Afterpay, Shop Pay) for transaction processing, chargeback verification, and debt recovery.

14.4 Transparent Statements, Public Representations & Review Safeguard

• (a) Formal Settlement Statements: Where an order is cancelled or settled pursuant to these Terms (including freight quote rejections, unauthorized code stacking, or site delivery defaults), Greenhouse & Polytunnels will issue a formal Cancellation & Refund Statement detailing the exact contractual clause applied and confirming the full financial settlement executed.
• (b) Factual Accuracy of Public Comments: While Greenhouse & Polytunnels respects the legal right of consumers to share genuine public commentary and reviews, any public statements made across public forums, review sites, or social media regarding a transaction must remain factually accurate.
• (c) Factual Correction & AUDit Trail Disclosure: Where a public representation falsely claims non-refund of funds, unauthorized charges, or merchant breach of service—where our transaction records prove that a full refund, credit, or lawful cancellation was executed in accordance with these Terms—Greenhouse & Polytunnels strictly reserves the right to publish a formal, factual public correction referencing the verified transaction audit trail, subject to applicable privacy legislation.

15.1 Official Business Entity Details & Operational Headquarters

Greenhouse & Polytunnels operates as a proprietary limited company registered in Australia. All official legal notices, commercial communications, and physical inquiries must be directed to our corporate headquarters using the verified entity details below:

Legal Entity Name: Greenhouse & Polytunnels Pty Ltd

Trading Name: Greenhouse & Polytunnels

Australian Business Number (ABN): 17 688 980 243

Australian Company Number (ACN): 688 980 243

Headquarters & Logistics Facility: 15 Apex St, Thomastown VIC 3074, Australia

Primary Contact Email: [email protected]

Standard Business Operating Hours: Monday through Friday, 9:00 AM – 4:00 PM AEST/AEDT (excluding Victorian public holidays)

15.2 Mandatory Written Notice Protocol

• (a) Requirement for Written Form: Where any provision of these Terms requires or permits a customer to give notice, exercise a cancellation option, submit a address modification, report transit damage, accept a revised Estimated Time of Arrival (ETA), or request a manual freight quote, such notice must be submitted strictly in writing via email or through an authorized, tokenized customer portal link issued by Greenhouse & Polytunnels.
• (b) Exclusion of Verbal Statements: Verbal statements, phone conversations, voice messages, social media direct messages, or public comments do not constitute formal legal notice and shall not bind Greenhouse & Polytunnels.
• (c) Effective Time of Notice: Electronic written notices sent to [email protected] are deemed received at the exact timestamp recorded in our server logs during standard business operating hours, or at 9:00 AM on the next business day if sent outside business hours.

15.3 Dedicated Operational Support Channels

To ensure rapid handling and audit logging, all customer requests must be submitted to the appropriate support queue:

General Product Inquiries & Sales Quotes: [email protected]

48-Hour Transit Damage & Defect Claims: [email protected] (Subject: "URGENT: Transit Damage Claim — Order #[Order_Number]")

Delivery Address Amendments (48-Hour Window): [email protected] (Subject: "Address Change Request — Order #[Order_Number]")

Installation Services & Site Technical Operations: [email protected]

Freight Discrepancy & Carrier Resolution: [email protected]

15.4 Customer Contact Detail Responsibility & Automated Communications

• (a) Customer Accuracy Warranty: The customer warrants that the primary email address, mobile phone number, and physical delivery address entered during checkout or account registration are accurate, active, and regularly monitored.
• (b) Automated System Communications: Greenhouse & Polytunnels utilizes automated electronic channels (Email and SMS) to transmit Order Acknowledgment Notices, tax invoices, tracking numbers, 4-digit Pickup PINs, and Delay Notifications.
• (c) Non-Receipt Liability Exclusion: Greenhouse & Polytunnels accepts zero financial or legal liability for missed delivery deadlines, unread backorder notices, or secondary carrier fees resulting from: (i) Incorrect email addresses or phone numbers entered by the customer;
• (ii) Automated spam, junk, or promotional filter redirections within the customer's email provider; or
• (iii) Unmonitored or full mailboxes.

15.5 Calculation of Business Days & Statutory Windows

• (a) Business Day Definition: For the purpose of calculating 48-hour pre-picking cancellation grace periods (Clause 6.4d), address amendment windows (Article 8.3), damage reporting windows (Clause 10.3b), or 7-day backorder resolution windows (Clause 7.4d), a "Business Day" is defined as Monday through Friday, excluding official public holidays in Victoria, Australia.
• (b) Weekend & Holiday Extension: Where a contractual time window or notice period expires on a weekend or Victorian public holiday, the expiration window automatically extends to 4:00 PM AEST/AEDT on the next consecutive business day.

16.1 Local Pickup Availability & Ready for Pickup Notification

• (a) Thomastown Pickup Facility: Local customer pickup is available strictly from our central warehouse facility located at 15 Apex St, Thomastown VIC 3074 during pickup hours (Monday through Friday, 8:00 AM – 4:00 PM AEST/AEDT, excluding Victorian public holidays) for normal sized items.
• (b) Logistics Hub Operations: The customer explicitly acknowledges that our Thomastown facility operates as a high-turnover logistics warehouse and fulfillment office, not a retail showroom. Stock is not available for immediate walk-in browsing, and orders are processed on a queue basis.
• (c) Mandatory "Ready for Pickup" Email Notification: Customers must not arrive at the facility until they have received an official, automated email confirming that their order is ready to be picked up from our Thomastown warehouse. Greenhouse & Polytunnels accepts zero liability for customer travel time, vehicle rental costs, or standby delays incurred by arriving prior to notification issuance.
• (d) Bulky Item Pickup & Forklift Loading: For bulky items requiring forklift loading, customers must email us in advance or arrive after 10:00 AM to ensure that qualified warehouse staff are available to operate the forklift.

16.2 Counter Verification & Customer Authentication Methods

To prevent fraud, unauthorized release, or theft of customer orders, the release of goods at our Thomastown counter or regional partner freight depot requires strict identity authentication. The collecting party must present one of the following two verification credentials prior to goods loading:

• (a) Primary Verification Method — Secure Pickup PIN / QR Code:

Presentation of the unique 4-digit Pickup PIN or scannable QR Code transmitted automatically to the customer’s registered mobile phone or email address upon order readiness.

Counter staff will input or scan the code into the system terminal to validate order authorization.

• (b) Secondary / Fallback Method — Government Photo Identification:

In scenarios where a customer forgets their phone, lacks digital access, or sends an authorized representative without a PIN, counter staff must inspect valid government-issued photo identification (Driver's License or Passport) matching the primary name on the order account.

Staff will log "Manually Verified via Photo ID" alongside the ID details directly into the Shopify order timeline prior to releasing goods.

16.3 Conclusive Proof of Receipt & Fulfillment Execution

The customer explicitly agrees that any of the following physical or digital database records constitute legally conclusive, non-rebuttable proof of physical collection and complete merchant fulfillment under Australian Consumer Law (ACL):

• (a) System entry and electronic validation of the customer's unique 4-digit Pickup PIN or scanned QR code at our counter terminal;
• (b) A signed physical or digital Customer Order Collection Manifest / Pick-Slip executed at our Thomastown counter by the collecting party;
• (c) Time-stamped warehouse security camera footage or counter logs recording the vehicle loading event; or
• (d) An electronic "Order Collected" confirmation issued by a third-party regional freight depot management system.

16.4 Immediate Transfer of Legal Risk Upon Loading

• (a) Risk Transfer Baseline: Legal risk of loss, damage, structural bending, cover puncturing, theft, or deterioration transfers 100% to the customer immediately upon physical handover or loading of goods into the customer's vehicle, trailer, or nominated courier truck at our Thomastown counter or regional depot.
• (b) Customer Transport Responsibility: The customer assumes sole legal responsibility for providing a suitable vehicle, ensuring adequate load restraint (straps, ropes, or tarpaulins), and securing long steel framing tubing, heavy rolls of film, or palletized kits for safe road transport.
• (c) Voiding of Transit Claims Post-Pickup: Subsequent claims of transit damage, structural frame bending, unrolled film punctures, or missing items submitted after the vehicle has departed our warehouse premises or regional depot are strictly void.

16.5 Collection Timeframes, Storage Surcharges & Order Default

• (a) 14-Day Collection Window: Customers are required to collect their order within fourteen (14) calendar days of receiving the initial "Ready for Pickup" notification.
• (b) Daily Warehouse Storage Fees: If an order remains uncollected after fourteen (14) calendar days, Greenhouse & Polytunnels reserves the right to charge daily holding and storage fees of 10.00 AUD per parcel, per day or 25.00 AUD per pallet, per day accrued until collection.
• (c) Default Cancellation & Restocking Fee: Orders remaining uncollected after thirty (30) calendar days will be re-classified as Unclaimed Customer Orders. The order will be cancelled, goods returned to active stock, and the refund settled strictly under Article 10.1 (Change of Mind terms), deducting the mandatory 15% Administrative & Restocking Fee plus accrued storage fees from the refund balance.

17.1 Promotional Free Shipping Conditions & Scope

• (a) Promotional Thresholds: Where Greenhouse & Polytunnels advertises a "Free Shipping" promotion (e.g., Free Standard Shipping on orders over $300 AUD), eligibility is strictly contingent upon meeting all spatial, geographic, and product-class criteria defined below:
• (i) Geographic Scope: Free shipping promotions apply exclusively to qualifying delivery addresses located within designated metropolitan areas of Victoria (VIC), New South Wales (NSW), and South Australia (SA).
• (ii) Minimum Spend Requirement: The required minimum spend threshold (e.g., $300.00 AUD) must be met in a single transaction subtotal after any discount codes or promotional credits have been applied, and excluding transport fees.
• (b) Mandatory Product Exclusions: Promotional Free Shipping strictly excludes the following product categories, regardless of cart value:
• (i) All greenhouse, polytunnel, net house, shade house, and covered shelter structural kits (including 5m × 8m Starter Kits, Elite, Pro, Premium, and Multispan ranges);
• (ii) Bulky items, commercial steel tubing, lock channels, wiggle wire, jumbo rolls of plastic film, and commercial shade cloth;
• (iii) Supplier-Direct (Drop-Ship) product lines dispatched from external distribution hubs;
• (iv) Any item requiring palletized road freight or specialist crane/tailgate delivery.
• (c) Promotional Modification Right: Greenhouse & Polytunnels reserves the right to modify, suspend, or terminate promotional shipping offers at any time without prior notice, provided that orders placed prior to termination will be honored under the terms active at the time of purchase.

17.2 Campaign-Specific Operational Parameters

Every promotional offer launched by Greenhouse & Polytunnels will define its specific qualification criteria within its associated Promotional Notice, subject to the following standard legal definitions:

• (a) Geographic Scope & Boundary:
• (i) Each promotion will explicitly declare its eligible delivery destination boundaries (e.g., designated metropolitan postcodes, specific Australian states/territories, or nationwide).
• (ii) Default Geographic Rule: Where a Promotional Notice advertises a shipping promotion (e.g., Free Standard Shipping or Flat-Rate Freight) without explicitly listing eligible postcodes, eligibility defaults strictly to standard metropolitan zones within capital city transport networks in Victoria (VIC), New South Wales (NSW), and South Australia (SA). All regional, remote, outback, and interstate destinations outside these metro zones remain strictly excluded.
• (b) Minimum Spend Thresholds:
• (i) Where a promotion requires a minimum purchase value (e.g., Spend 300 or more), the threshold applies strictly to the cart product subtotal in Australian Dollars (AUD) after any promotional discounts, credits, or line-item price adjustments have been applied.
• (ii) Product subtotal calculations for minimum spend qualification strictly exclude freight charges, handling surcharges, tailgate fees, installation fees, and GST where itemized separately.
• (c) Promotional Validity & Stock Allocations:
• (i) Promotional pricing, bundled offers, and promotional shipping rates are valid strictly during the published campaign timeframe or while designated promotional stock allocations last.
• (ii) Where a campaign specifies a capped promotional unit quantity (e.g., Limited to the first 10 units sold), promotional offers apply strictly on a first-come, first-served basis. Once promotional allocations are exhausted, standard pricing and freight rates automatically apply, even if prior to the advertised campaign end date.
• (d) Strict Anti-Stacking & Offer Combination Rules:
• (i) Single Offer Limit: Unless explicitly authorized in writing on a specific Promotional Notice, a maximum of one (1) promotional offer, discount code, automated cart voucher, or promotional shipping waiver may be applied per transaction or customer account.
• (ii) Definition of Unauthorized Stacking: Unauthorized stacking includes, but is not limited to:
• Combining a percentage-off or dollar-off promo code with an automated "Free Shipping" or flat-rate shipping waiver;
• Applying multiple discount codes within a single checkout session;
• Combining commercial trade account pricing, tiered volume discounts, or custom wholesale quotes with retail promotional codes;
• Splitting a single order into multiple separate transactions to circumvent promotional unit limits, cart maximums, or geographical shipping exclusions.
• (e) Detection Protocol, Customer Consultation & Cancellation Rights:

Where Greenhouse & Polytunnels identifies an order or series of linked orders featuring unauthorized promotion stacking, voucher manipulation, or system-calculated discount conflicts:

• (i) Immediate Administrative Hold: The order(s) will be immediately placed on administrative hold prior to warehouse fulfillment, and stock allocation will be temporarily frozen.
• (ii) Customer Resolution & Consultation ("Parley Window"): Greenhouse & Polytunnels may, at its sole discretion, contact the customer to negotiate an amicable resolution. The customer will be presented with the following options:
• Option A (Single Stated Promotion): Apply the single highest-value single promotional offer for which the order was legitimately eligible, with the customer paying the remaining unearned discount differential;
• Option B (Order Adjustment & Partial Credit): Re-calculate the transaction under standard retail terms, applying any valid single offer, and issuing store credit or processing additional payment as required; OR
• Option C (Mutual Rescission): Cancel the transaction with zero penalty to either party.
• (iii) Absolute Right of Cancellation & Full Refund: If the customer fails to respond within forty-eight (48) hours of notification, refuses to pay the unearned discount differential, or where Greenhouse & Polytunnels determines in its sole judgment that voucher abuse or system exploitation has occurred, Greenhouse & Polytunnels reserves the absolute legal right to unilaterally cancel the transaction(s) in full.
• (iv) Full Refund Discharge: Upon unilateral cancellation under sub-clause 17.2(e)(iii), a 100% refund of all funds paid for the cancelled transaction will be issued to the original payment method. The refund completely discharges Greenhouse & Polytunnels from any further contractual obligation, delivery liability, or claim under Australian Consumer Law.

17.3 Universal Default Exclusions (The Promotional Firewall)

Unless a Promotional Notice explicitly states in writing that a specific heavy category is included in a promotional offer, all promotional shipping offers, storewide percentage discounts, and free shipping thresholds strictly EXCLUDE the following categories and services:

• (a) Structural Assets & Framing Kits: All greenhouse, polytunnel, shade house, net house, covered shelter, and multi-span commercial structural kits (across all ranges including Starter, Elite, Pro, Premium, and custom layouts);
• (b) Bulky & Commercial Lines: Commercial steel tubing, lock channels, wiggle wire, jumbo rolls of plastic film, commercial shade cloth rolls, bulk media/soils, and palletized hardware consignments;
• (c) Supplier-Direct (Drop-Ship) Lines: Products dispatched directly from third-party or drop-ship supplier distribution centers;
• (d) Specialist Logistics Surcharges: Any secondary transport fees, including Tailgate Hydraulic Lift services, depot holding fees, driver demurrage/waiting fees, re-delivery penalties, or remote/outback regional freight surcharges.

17.4 Administrative Rights & Cancellation

• (a) Greenhouse & Polytunnels reserves the right to vary, suspend, extend, or terminate any promotional offer or marketing campaign at any time without prior notice, to the extent permitted by Australian Consumer Law.
• (b) Orders placed and successfully confirmed prior to the formal variation or cancellation of a promotion will be honored under the promotional terms active at the exact time of purchase.
• (c) Software & Algorithmic Errors: In the event of an unexpected software error, checkout script conflict, third-party app glitch, or algorithmic miscalculation that allows conflicting discounts or unearned shipping waivers to process automatically at checkout, Greenhouse & Polytunnels is not contractually bound to honor the incorrect transaction value.
• (d) Pre-Dispatch Correction & Refund Right: Greenhouse & Polytunnels reserves the right to correct pricing or promotional errors at any time prior to physical dispatch from our Thomastown hub. If a technical error resulted in an undercharge or unauthorized stacked discount, we will notify the customer and reserve the right to cancel the order and issue a 100% full refund pursuant to Clause 6.4(d) and Clause 17.2(e).

17.5 Transaction AUDit Trail, Factual Accuracy & Public Disclosures

• (a) Transaction Records & AUDit Trail: All order creations, code applications, freight calculations, communications, and cancellation events are logged within our secure database audit trail.
• (b) Transparent Cancellation Statements: Where an order is cancelled pursuant to these Terms (including, but not limited to, unauthorized promotion stacking, freight quote rejections, or site delivery defaults), Greenhouse & Polytunnels will issue a formal Cancellation & Refund Statement detailing the exact contractual clause applied and confirming the full financial settlement.
• (c) Public Factual Representations: While Greenhouse & Polytunnels respects the right of consumers to share genuine commentary, any public statements made regarding a cancelled transaction must be factually accurate. Where a public assertion falsely claims non-refund of funds, unauthorized charges, or breach of service—where our transaction records prove a full refund or lawful cancellation was executed—Greenhouse & Polytunnels reserves the right to publish a formal, factual correction referencing the verified transaction audit trail, subject to relevant privacy legislation.

18.1 Passing of Risk & Property Loss

Legal risk of loss, damage, theft, or deterioration of goods passes entirely to the customer immediately upon:

• (a) Physical handover to the customer or their representative;
• (b) Delivery to the nominated delivery address under an Authority to Leave (ATL) direction; or
• (c) Offloading at a regional carrier depot.

18.2 Force Majeure & Australian Environmental Events

Greenhouse & Polytunnels is not in breach of contract or liable for delivery delays resulting from events beyond reasonable control, including but not limited to: severe weather events, bushfires, regional flooding, cyclone warnings, infrastructure/rail washaways, road closures, port strikes, or acts of state. Delivery timelines are automatically suspended for the duration of any Force Majeure event.

18.3 Warehouse & Depot Pickup Protocol & Conclusive Proof of Receipt

• (a) Counter Verification Requirements: For all customer-selected local pickups at our Thomastown hub or nominated regional freight depots, verification and release of goods require the collecting party to present either:
• (i) Secure Pickup Code Verification (Primary Method): The unique 4-digit Pickup PIN or QR Code generated by our system and transmitted to the customer’s registered mobile phone or email address upon order readiness; OR
• (ii) Manual Identification (Secondary/Fallback Method): In the absence of a Pickup PIN, valid government-issued photo identification (Driver's License or Passport) matching the name on the order account, or written authorization nominating a designated courier or agent.
• (b) Conclusive Proof of Pickup: The customer explicitly agrees that any of the following digital or physical records constitute legally conclusive, non-rebuttable proof of physical collection and complete merchant fulfillment:
• (i) System entry and validation of the customer's unique 4-digit Pickup PIN or scanned QR code at our counter terminal;
• (ii) A signed physical or digital Pickup Manifest / Pick-Slip executed at our Thomastown counter;
• (iii) Time-stamped warehouse security camera footage or counter logs recording the vehicle loading event; or
• (iv) An electronic "Order Collected" confirmation issued by a third-party regional freight depot system.
• (c) Immediate Transfer of Risk: Upon execution of pickup under sub-clause 18.3(b), legal risk of loss, damage, theft, or transport deterioration transfers 100% to the customer. Subsequent claims of non-receipt, transit damage, or missing items after leaving the premises are strictly void.

18.4 Premature Payment Disputes, Active ETA Windows & Chargeback Indemnity

• (a) Agreement to Active Fulfillment Windows: By completing checkout, the customer enters a binding agreement accepting the specific handling windows, baseline product-page ETAs, and automatic peak-season buffers defined under Article 7.4.
• (b) Definition of Premature & Unlawful Payment Dispute: Filing a chargeback, payment reversal, or transaction dispute with a bank or payment gateway (including Visa, Mastercard, AMEX, or Buy-Now-Pay-Later providers) under the claim of "Item Not Received" or "Order Delayed" is strictly prohibited and constitutes a material breach of contract where:
• (i) The order is currently within its active product-page ETA window, queued processing timeframe, or high-peak season buffer;
• (ii) The order has been marked "Ready for Collection" at our Thomastown hub or a regional carrier depot, and the customer has failed or delayed in collecting the goods; or
• (iii) The customer has received an automated delay notice under Clause 7.4(d) and the 7-Day Resolution Window has not yet expired.
• (c) Merchant Dispute Evidence Submission: In the event of a premature or fraudulent payment dispute, Greenhouse & Polytunnels reserves the explicit legal right to submit these Terms, the timestamped checkout audit log, the active product-page ETA record, and proof of pickup readiness directly to the issuing financial institution as conclusive evidence of contract compliance.
• (d) Administrative Chargeback Surcharge & Debt Recovery: Where a customer initiates an unlawful or premature chargeback:
• (i) Greenhouse & Polytunnels reserves the right to immediately suspend order processing or hold physical stock release;
• (ii) A mandatory $150.00 AUD Administrative Dispute Surcharge will be levied against the customer account to cover merchant bank dispute processing fees and legal administration labor; and
• (iii) If a financial institution improperly reverses funds despite merchant compliance with active ETA windows, Greenhouse & Polytunnels reserves the right to refer the outstanding balance, plus administrative surcharges and legal recovery costs, to an external debt collection agency or Victorian Civil and Administrative Tribunal (VCAT).

18.5 Optional Freight Guard Shipping Protection

• (a) Voluntary Coverage Selection: Greenhouse & Polytunnels offers an optional "Freight Guard Shipping Protection" cover at checkout. Purchasing this protection is voluntary and provides an expedited internal resolution pathway for physical transit loss or transit damage, independent of third-party freight carrier dispute timelines.
• (b) Scope of Coverage: Where Freight Guard Shipping Protection is selected and paid for at checkout, Greenhouse & Polytunnels guarantees that in the event of verified physical loss in transit or major transit damage:
• (i) Replacement components or replacement products will be dispatched on an expedited priority basis at zero additional freight cost to the customer; or
• (ii) If a replacement item is out of stock, a full store credit or cash refund for the affected line item will be processed immediately upon claim verification.
• (c) Claims Procedure & Mandatory 48-Hour Reporting: To claim under Freight Guard Shipping Protection, the customer must:
• (i) Inspect the delivery upon arrival and notify [email protected] within forty-eight (48) hours of physical delivery (or expected delivery date in cases of loss); and
• (ii) Supply digital photographic or video evidence showing the unboxed damaged item, the outer transport packaging, and the shipping label intact.
• (d) Specific Exclusions from Protection: Freight Guard Shipping Protection strictly EXCLUDES coverage for:
• (i) Delivery failures or theft occurring after successful carrier drop-off under an Authority to Leave (ATL) arrangement (Article 18.1);
• (ii) Incorrect address details, misallocated postcodes, or delivery failure resulting from customer detail errors (Article 6.4c);
• (iii) Uncollected consignment abandonments at regional carrier depots (Article 8.2h); and
• (iv) Physical damage caused by box cutters, Stanley knives, or unpacking tools (Article 11.3).
• (e) Non-Refundability of Protection Fee: The Freight Guard fee paid at checkout covers immediate risk underwriting upon carrier dispatch. Once the consignment has physically departed our Thomastown warehouse facility, the Freight Guard protection fee is non-refundable, including in scenarios where the main product order is subsequently returned or cancelled under Change of Mind terms.

18.6 Payment Disputes, Chargeback Notifications & Fulfillment Freeze

• (a) Immediate Operational Freeze:

Upon receipt of an official payment dispute, payment hold, retrieval request, or chargeback notification from a banking institution, credit card issuer, or third-party payment gateway (including Afterpay or Shop Pay):

• (i) All fulfillment activities—including order aggregation, custom steel fabrication, picking, packing, and carrier dispatch—are immediately suspended and frozen; and
• (ii) Physical stock allocated to the order will remain on hold at our Thomastown facility or supplier warehouse and will not be released for transport.
• (b) Suspension & Total Exclusion from Estimated Lead Times (ETA):

The entire duration of the financial dispute (from the date of initial dispute notification until final, non-appealable adjudication by the payment processor) is strictly excluded from all Site ETAs, advertised dispatch windows, and legal delivery guarantees.

• (c) Operational Rights Upon Resolution in Favor of Greenhouse & Polytunnels:

Where a financial dispute is successfully defeated or closed in favor of Greenhouse & Polytunnels, the business reserves the right, at its sole discretion, to:

• (i) Resume Order Fulfillment: Resume fulfillment with the delivery ETA recalculated starting from Day 1 of the remaining lead-time window, subject to the customer paying the mandatory $150.00 AUD Administrative Dispute Fee (Article 18.3); OR
• (ii) Contract Termination & Stock Release: Terminate the sales contract, return the physical stock to active inventory, and process any remaining funds under Article 10.1 (Change of Mind terms), deducting the 15% Restocking Fee and the $150.00 AUD Administrative Dispute Fee.
• (d) Operational Rights Upon Chargeback Approval:

Where a chargeback is approved by the issuing bank and funds are forcibly clawed back from Greenhouse & Polytunnels, the order is immediately cancelled. Any physical goods in transit under our control will be recalled to Thomastown at the customer's ultimate expense.

19.1 Governing Law & Jurisdiction

• (a) Victorian Jurisdiction: These Terms, all sales contracts, order submissions, commercial quotes, and online transactions executed through the Site are governed by, construed, and enforced strictly in accordance with the laws in force in the State of Victoria, Australia.
• (b) Submission to Local Courts: The customer and Greenhouse & Polytunnels irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, the Victorian Civil and Administrative Tribunal (VCAT), and the Federal Court of Australia (Melbourne Registry) for the resolution of any dispute, claim, or legal proceeding arising out of or in connection with these Terms or any transaction executed hereunder.

19.2 Severability & Preservation of Terms

If any article, sub-clause, sentence, phrase, or provision of these Terms is determined by a court or tribunal of competent jurisdiction to be illegal, invalid, void, or unenforceable in whole or in part:

• (a) That specific provision shall be severed to the minimum extent necessary to render the remainder of the provision valid and enforceable; and
• (b) The remaining articles, sub-clauses, and provisions of these Terms shall remain in full force and effect, fully enforceable and unaffected by such severance.

19.3 Entire Agreement & Contractual Supremacy

• (a) Master Contractual Instrument: These Terms—together with the specific product page baseline ETAs active at purchase (Article 5 & 7.4), the mandatory cart click-wrap acknowledgment (Clause 7.1d), any formal written tax invoices issued by Greenhouse & Polytunnels, and our Privacy Policy—constitute the entire legal agreement between the customer and Greenhouse & Polytunnels regarding the subject matter herein.
• (b) Superseding Offline Terms: This master agreement supersedes and replaces all prior or contemporaneous understandings, representations, informal conversations, sales pitch statements, social media messages, or offline discussions, whether oral or written.
• (c) Primacy of Written Terms: In the event of any conflict between marketing advertisements or offline staff conversations and these master Terms, these published Terms shall strictly take legal precedence.

19.4 Non-Waiver & Enforcement Delay

• (a) No Implied Waiver: No failure, delay, omission, or relaxation by Greenhouse & Polytunnels in exercising or enforcing any right, power, remedy, possessory lien, surcharge, or legal recourse under these Terms shall operate as a waiver of that right or power.
• (b) Single / Partial Exercise: A single or partial exercise of any right, power, or remedy by Greenhouse & Polytunnels does not preclude any other or future exercise of that right or the exercise of any other right or remedy provided by law.

19.5 Reservation of Commercial Rights & Fraud Safeguards

Greenhouse & Polytunnels strictly reserves the absolute legal right, at its sole discretion, to:

• (a) Request identity verification, age verification (18+), or primary producer Agricultural ABN documentation at any time during order processing;
• (b) Refuse service, suspend user accounts, or cancel orders where verification documentation is withheld or fraudulent;
• (c) Immediately place an operational freeze on picking, custom steel cutting, or dispatch activities upon receipt of a payment dispute or chargeback notification from a financial institution (Article 18.6); and
• (d) Exercise a possessory lien to hold and retain physical possession of goods at our Thomastown facility or regional carrier depot pending full payment of accrued carrier surcharges or demurrage penalties (Clause 8.2h).

19.6 Survival of Key Legal Provisions

Upon the fulfillment, cancellation, termination, or rescission of an order or sales contract for any reason, all provisions of these Terms which by their nature are intended to survive termination shall continue in full legal force and effect. Provisions surviving termination include, but are not limited to:

Article 2 (Intellectual Property & Proprietary Assets);

Clause 6.1(e) (Supplier Price Variances & Rescission Rights);

Clause 8.2(f) (Return-to-Warehouse Deduction Formula);

Clause 8.2(h) (Possessory Liens & Default Liquidation);

Article 11 (Warranty Exclusions, Ag-Chemical Rules & Wind Region Limits);

Article 12 (Overall Limitation of Liability & Dollar Cap);

Article 14 (Database AUDit Trails & Public Representations);

Article 18 (Passing of Risk, Chargeback Indemnity & Dispute Surcharges); and

Article 19 (Governing Law, Severability & Entire Agreement).