Effective Date: 25th May 2026

These Order & Delivery Conditions apply to all goods supplied by JJ Higgs Pty LTD T/AS Shantana Landscape Supplies  (“Shantana”, “we”, “us”, “the Vendor”). By placing an order or accepting delivery, you (“the Customer”) agree to be bound by these conditions.

1. Australian Consumer Law

Nothing in these conditions excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law (ACL) or any other law that cannot be lawfully excluded.
These terms operate in addition to your statutory rights.

2. Product Use & Limitation of Liability

The performance of our products depends on correct handling, storage, and application in accordance with normal industry practices and guidelines (including plant growth procedures and building standards).

To the extent permitted by law, Shantana is not liable for loss or damage arising from:

• Incorrect use, misuse, or improper application of products
• Failure to follow standard industry procedures
• Any alteration to products after they leave our premises (including the addition of other materials)

This clause does not limit liability where it cannot be lawfully excluded under the ACL.

3. Refunds, Returns & Cancellations

We ask that you check your order carefully before confirming. Subject to the Australian Consumer Law:

• We do not offer refunds or exchanges for change of mind, incorrect ordering, or over-ordering.
• All Special Orders are final and non-refundable (except where required by law).

3.1 Cancellations Before Loading
Orders cancelled before loading (excluding Special Orders) may, at our discretion, be:

• Refunded less a 30% cancellation fee, or
• Converted to a store credit valid for 6 months (no fee)

3.2 Cancellations After Loading or Returned Deliveries
If an order has already been loaded or a delivery is returned for any reason:

• The original delivery charge is forfeited
• A return fee of 25% of the order value or $50 (whichever is greater) will apply
• A $30 restocking fee may also apply

These charges cover driver time, vehicle costs, and operational losses.

4. Complaints & Claims

All complaints or concerns must be submitted in writing within 5 business days of delivery to:
accounts@shantana.com.au

Claims received after this period may be treated as feedback only. This does not affect your rights under the ACL.

5. Delivery Conditions

Shantana provides kerbside delivery only. Our responsibility ends at the kerbside of the delivery address.

5.1 Delivery onto Private Property
If you request delivery beyond the kerbside (including crossing footpaths or entering private property), you must:

• Provide safe and suitable access
• Warrant that you have authority to grant access
• Accept full responsibility for any damage to public or private property

Drivers are required to follow strict Work Health & Safety (WHS) rules. If a driver determines that a requested location is unsafe, you must nominate an alternative safe spot. If no suitable location is available, the delivery will be returned and applicable return charges will apply.

If a vehicle becomes stuck or immobilised while following your instructions, you are responsible for arranging and paying for recovery.

5.2 Waiting Time
If a driver is kept waiting longer than 15 minutes, waiting time will be charged at $10 per 10-minute block, payable before unloading.

6. Payment Terms

All goods remain the property of Shantana until payment is received in full.

• Cash on Delivery: Payment must be made before unloading. You may inspect the load before tipping, but drivers will not unload until payment is received.
• Credit Card Payments: By paying with a credit card, you confirm you are either the cardholder or have their express permission. If a payment is successfully disputed, the amount becomes immediately due and payable by close of business the next business day.
• Account Customers: Anyone accepting delivery on behalf of an account customer warrants they are authorised to do so. If they are not, they may be held personally liable for payment at the recommended retail price.

7. Acceptance of Delivery

By accepting delivery, you acknowledge that:

• You are authorised to receive the goods
• The goods match what was ordered
• You accept these Order & Delivery Conditions

If you refuse to accept these conditions and request the load be returned, no refund will be given and applicable delivery and return charges will apply.