Order & Delivery Conditions

IMPORTANT – PLEASE READ CAREFULLY BEFORE ORDERING OR ACCEPTING DELIVERY

These Order & Delivery Conditions apply to all goods supplied by Shantana (“the Vendor”, “we”, “us”). By placing an order or accepting delivery, the purchaser (“the Customer”, “you”) agrees to be bound by these conditions.

1. Australian Consumer Law

Nothing in these conditions excludes, restricts, or modifies any guarantee, right, or remedy conferred on consumers under the Australian Consumer Law (ACL) or any other applicable legislation which cannot lawfully be excluded.

Where goods fail to comply with a consumer guarantee under the ACL, you are entitled to a remedy as provided by law. These terms operate in addition to, and not in substitution for, your statutory rights.

2. Product Use and Limitation of Responsibility

The Customer acknowledges that the performance and results obtained from the use of the Vendor’s products are dependent upon correct handling, application, and use in accordance with standard industry practices, including normal plant growth procedures and accepted building guidelines.

To the extent permitted by law, the Vendor shall not be liable for loss or damage arising from:

• Incorrect use, misuse, or improper application of products
• Failure to follow standard industry procedures or guidelines
• Any alteration to products after they have left the Vendor’s premises, including (without limitation) the addition of other substances or materials (e.g. composts, cements, oxides)

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

3. Refunds, Returns and Order Cancellations

Customers must ensure that all orders are accurate prior to confirmation. Subject to ACL, no refunds or exchanges will be provided for:

• Incorrect ordering
• Ordering excess quantities
• Change of mind

Refunds will only be issued where required by Australian Consumer Law.

3.1 Order Cancellations Prior to Loading

Orders cancelled prior to loading (excluding Special Orders) may, at the sole discretion of management:

• Be refunded less a 30% cancellation fee, or
• Be issued as a store credit valid for six (6) months, with no cancellation fee

The cancellation fee reflects administrative costs, payment processing, stock allocation, and lost delivery capacity.

3.2 Orders Cancelled After Loading or Returned

Where an order has been loaded onto a delivery vehicle, a $30 restocking fee shall apply in addition to any applicable cancellation fees outlined above.

If a delivery vehicle is returned for any reason whatsoever:

• The delivery charge is forfeited; and
• A return charge of 25% of the order value or $50 (whichever is greater) will apply, in addition to any cancellation fees and restocking fees

These charges reflect driver time, vehicle costs, scheduling losses, and operational expenses.

3.3 Special Orders

All Special Orders are final and cannot be cancelled, refunded, or returned, except where required by Australian Consumer Law.

4. Complaints and Claims

All complaints or concerns must be submitted in writing within five (5) business days of delivery and sent to:

📧 accounts@shantana.com.au

Claims submitted outside this period may be treated as feedback only. This clause does not limit statutory rights under ACL.

5. Refund Processing Procedures

Where a refund is approved, it will be processed in accordance with the Vendor’s internal fraud-prevention and verification procedures.
These procedures are mandatory and must be complied with in all circumstances.

6. Delivery Conditions and Risk

The Vendor’s responsibility for delivery ceases at the kerbside of the delivery address.

Where the Customer requests delivery beyond the kerbside (including crossing footpaths or entering private property), the Customer warrants that:

• They have lawful authority to grant access; and
• Safe, suitable, and unobstructed access is provided

The Customer accepts full responsibility for all damage or loss to public or private property arising from such access.

Drivers must comply with strict Work Health & Safety (WHS) obligations. If a driver determines that a requested delivery location is unsafe:

• An alternative safe location must be nominated, or
• The delivery will be returned to the yard, and applicable delivery and return charges will apply

Where a driver agrees to unload at a Customer-nominated location and the vehicle becomes immobilised, the Customer is solely responsible for arranging and paying for vehicle recovery.

6.1 Waiting Time

If a driver is delayed for more than 15 minutes, waiting time will be charged at $10 per 10-minute block, payable prior to unloading.

7. Payment Terms

All goods remain the property of the Vendor until payment in full has been received.

7.1 Cash on Delivery

For cash-on-delivery orders:

• Payment must be made prior to unloading
• The Customer may inspect the load prior to tipping
• Drivers will not unload goods until payment is received

7.2 Credit Card Payments

By making payment via credit card, the Customer warrants that they are either:

• The authorised cardholder, or
• Acting with the express consent of the cardholder

If a payment is reversed or successfully disputed, the goods shall be deemed unpaid and the outstanding amount shall become immediately due and payable by close of business on the next business day.

7.3 Account Customers

Any person accepting delivery on behalf of an account customer warrants that they are authorised to do so.
If such authority does not exist, the individual may be held personally liable for payment at the recommended retail price.

8. Acceptance of Delivery

By accepting delivery, the Customer acknowledges that:

• They are authorised to receive the goods
• The goods supplied are in accordance with the order
• They accept these Order & Delivery Conditions

If the Customer refuses to accept these conditions and requests the delivery vehicle be returned, no refund will be available, and applicable return and delivery charges will apply.

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