Replacement Guarantee

Disclaimer: The colour images and descriptions provided in our catalogue and on our website are to be used as a guide only. Every care is taken to accurately describe growth habits and reproduce the correct colour in our catalogue and on our website. However, other factors such as Australia's varied climatic conditions, seasons and soil type can affect blooming and rose growth. Rose blooming or growth which is different to our images or descriptions, or is otherwise unexpected, does not necessarily indicate that the rose is defective, is not of acceptable quality, or that it does not correspond with a description or sample. In addition, flower colour will be influenced by environmental conditions during bud formation and may vary to that depicted in our images or descriptions. These colour variations should correct with subsequent flower flushes.
 
We at Treloar Roses make every effort to supply plants of quality and of the variety specified at time of sale. Our roses are packed with care and should arrive in good condition. If you have any initial concerns about the condition or quality please contact us within 48 hours of receiving your delivery.
 
Plants are a living product, their performance will depend on the growing conditions and how they are cared for, which are factors beyond our control. Therefore, our replacement guarantee does not automatically apply to every rose we provide. If your plant does not perform to your satisfaction, please speak to one of our friendly staff as soon as possible so that we can work with you to resolve the problem. The terms of our replacement guarantees are set out below.


Bare Rooted Roses
Treloar Roses will replace a bare rooted rose which we agree was defective at the time it was provided to you, on the following conditions:
 
(a) You need to notify us in writing or by email of any alleged defect before the day which is the later of:
(1) 90 days after the day we dispatch the rose to you or you collect it from our premises; and
(2) 30th  October in the year the rose is provided to you.
 
Our replacement guarantee does not apply when a notification is made out of time, even where any alleged defect only becomes apparent after the required notification period has expired. Our contact details are, address: 216 Princes Highway, Portland, Victoria 3305, phone: 1300 044 852, email: sales@treloarroses.com.au.
 
(b) So that we can consider your claim, you need to provide to us photographs of the rose (including images of where it is planted, and close-ups of the stem and any foliage and flowers), answers to our questionnaire (which we will provide to you) and a sample of the soil into which the rose was planted. We reserve the right to request further information from you to consider your claim.

(c) Once we have had the opportunity to consider your claim, we will advise you in writing or by email whether or not we agree that the rose was defective at the time was provided to you. If we do not agree that the rose was defective at the time it was provided to you, we will provide you with advice and information in relation to its ongoing care.
 
(d) If we agree that the rose was defective at the time it was provided to you, we will provide a replacement rose of the same variety once it becomes available in the next bare rooted rose winter season. If the same variety does not become available in in the next bare rooted rose winter season, we will provide a replacement rose in that season as chosen by us. We will send any replacement rose to the original delivery address (or another address chosen by us if you collected the original rose from our premises) and we will bear any related delivery costs.
 
(e) Our replacement guarantee does not apply:
(1) if you are not a ‘consumer’ within the meaning of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth);
(2) where we form a view that any defect was caused by your conduct (including without limitation by subjecting the rose, or allowing it to be subjected, to inappropriate treatment or conditions);
(3) where you do not comply with these terms and conditions in a prompt manner;
(4) to any ‘free’ rose provided to you under our terms and conditions;
(5) to any rose that you give or sell to any other person; or
(6) to any rose that is not planted at your place of residence.
 
(f) For the avoidance of doubt, our replacement guarantee does not apply:
(1) to any rose that you have incorrectly chosen. If you have incorrectly chosen a rose, please contact us as soon as possible after delivery; or
(2) where any defect is caused or arises after the rose is provided to you.
(3) to any rose not purchased directly from us (Treloar Roses).
 
(h) Where a rose provided to you is not defective, but you think the rose provided is an incorrect variety:
(1) you need to notify us in writing or by email before 1 May in the next year after the year in which the rose was provided to you;
(2) you need to provide to us photographs of the rose (including close-ups of the foliage and flowers);
(3) once we have had the opportunity to consider your claim, we will advise you in writing or by email whether or not we agree that the rose provided was an incorrect variety; and
(4) if we agree that the rose was an incorrect variety, we will provide a replacement rose of the correct variety once it becomes available in the next bare rooted rose winter season. If the correct variety does not become available in in the next bare rooted rose winter season, we will provide a replacement rose in that season as chosen by us (after consulting with you). We will send any replacement rose to the original delivery address (or another address chosen by us if you collected the original rose from our premises) and we will bear any related delivery costs.
 
(i) Your benefits under our replacement guarantee are in addition to your other rights and remedies under a law in relation to the rose.


Potted Roses
Treloar Roses will replace a potted rose which we agree was defective at the time it was provided to you, on the following conditions:

(a) You need to notify us in writing or by email of any alleged defect within 48 hours of delivery.
 
Our replacement guarantee does not apply when a notification is made out of time, even where any alleged defect only becomes apparent after the required notification period has expired. Our contact details are, address: 216 Princes Highway, Portland, Victoria 3305, phone: 1300 044 852, email: sales@treloarroses.com.au.
 
(b) So that we can consider your claim, you need to provide to us photographs of the rose and answers to our questionnaire. We reserve the right to request further information from you to consider your claim.

(c) Once we have had the opportunity to consider your claim, we will advise you in writing or by email whether or not we agree that the rose was defective at the time was provided to you. If we do not agree that the rose was defective at the time it was provided to you, we will provide you with advice and information in relation to its ongoing care.
 
(d) If we agree that the rose was defective at the time it was provided to you, we will provide a replacement rose of the same variety. If the same variety is no longer available as a potted rose, the replacement rose will be sent as a bare root plant once it becomes available in the next bare root season. If the same variety does not become available in the next bare rooted rose winter season, we will provide a replacement rose in that season as chosen by us. We will send any replacement rose to the original delivery address (or another address chosen by us if you collected the original rose from our premises) and we will bear any related delivery costs.
 
(e) Our replacement guarantee does not apply:
(1) if you are not a ‘consumer’ within the meaning of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth);
(2) where we form a view that any defect was caused by your conduct (including without limitation by subjecting the rose, or allowing it to be subjected, to inappropriate treatment or conditions);
(3) where you do not comply with these terms and conditions in a prompt manner;
(5) to any rose that you give or sell to any other person; or
(6) to any rose that is not planted at your place of residence.
 
(f) For the avoidance of doubt, our replacement guarantee does not apply:
(1) to any rose that you have incorrectly chosen. If you have incorrectly chosen a rose, please contact us as soon as possible after delivery; or
(2) where any defect is caused or arises after the rose is provided to you.
 
(h) Where a rose provided to you is not defective, but you think the rose provided is an incorrect variety:
(1) you need to notify us in writing or by email before 1 May in the next year after the year in which the rose was provided to you;
(2) you need to provide to us photographs of the rose (including close-ups of the foliage and flowers);
(3) once we have had the opportunity to consider your claim, we will advise you in writing or by email whether or not we agree that the rose provided was an incorrect variety; and
(4) if we agree that the rose was an incorrect variety, we will provide a replacement rose of the correct variety once it becomes available in the next bare rooted rose winter season. If the correct variety does not become available in in the next bare rooted rose winter season, we will provide a replacement rose in that season as chosen by us (after consulting with you). We will send any replacement rose to the original delivery address (or another address chosen by us if you collected the original rose from our premises) and we will bear any related delivery costs.
 
(i) Your benefits under our replacement guarantee are in addition to your other rights and remedies under a law in relation to the rose.