Return & Refund Policy
This Returns, Refunds and Consumer Guarantees Policy applies to goods purchased from Happy Valley Seeds and should be read together with our Terms and Conditions.
Nothing in this Policy excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Change of Mind
Due to the nature of the goods we sell, we do not accept returns, exchanges or refunds where you have simply changed your mind, ordered the wrong item, found the item cheaper elsewhere, decided you no longer require the item, or otherwise no longer wish to keep the item.
This does not affect any rights you may have under the Australian Consumer Law where goods are faulty, damaged, incorrectly supplied, significantly different from their description or otherwise fail to meet a consumer guarantee.
Personalised, Customised and Made-to-Order Goods
We do not accept change-of-mind returns or cancellations for goods that have been personalised, customised or specifically made or prepared to order.
This does not affect your rights under the Australian Consumer Law if the goods fail to meet an applicable consumer guarantee.
Goods Damaged in Transit
Please inspect your order as soon as reasonably possible after delivery.
If your order arrives visibly damaged, broken, crushed, leaking or otherwise damaged during delivery, please contact us within five (5) business days of receiving the order.
Prompt reporting allows us to investigate the damage, review packaging and delivery information, and, where appropriate, make a claim with the carrier.
When reporting delivery damage, please provide:
(a) your order number;
(b) details of the damaged goods;
(c) photographs of the damaged goods and external packaging, where reasonably available; and
(d) any other information reasonably required to help us assess the claim.
Where visible delivery damage is reported more than five (5) business days after delivery, we may require additional information to establish when and how the damage occurred and the claim may be more difficult to verify.
The five (5) business day reporting period is part of our standard delivery-damage claim procedure. It does not exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law.
Faulty, Incorrect or Misdescribed Goods
If you believe that goods supplied by us are faulty, defective, incorrectly supplied, significantly different from their description, unfit for an applicable disclosed purpose or otherwise fail to meet a consumer guarantee under the Australian Consumer Law, please contact us as soon as reasonably practicable after discovering the problem.
Unlike visible transit damage, faults may not always become apparent immediately. No five (5) business day reporting period applies to faults or other failures that could not reasonably have been identified when the goods were delivered.
When making a claim, we may ask you to provide information reasonably necessary to identify the purchase and assess the problem.
This may include:
(a) your order number;
(b) a description of the problem;
(c) photographs, where relevant and reasonably available;
(d) proof of purchase; and
(e) any additional information reasonably relevant to the particular claim.
We are entitled to reasonably assess the goods and the circumstances of the claim before determining the appropriate remedy.
Seed Germination and Seed Quality Claims
Seeds are living agricultural products and the outcome of sowing can be affected by conditions occurring after the seeds leave our control.
If you believe seeds supplied by us are defective, incorrectly identified, significantly different from their description or have failed to meet an applicable consumer guarantee, please contact us as soon as reasonably practicable after discovering the issue.
To help us properly investigate a seed germination or quality claim, we may ask you to provide information such as:
(a) your order number;
(b) the variety and packet or batch details, where available;
(c) the approximate number of seeds sown;
(d) the date the seeds were sown;
(e) the sowing or germination method used;
(f) relevant growing or germination conditions;
(g) photographs, where reasonably available; and
(h) any other information reasonably required to investigate the claim.
Poor or unsuccessful germination does not by itself establish that the seeds were defective. We may consider relevant factors including the condition of the seeds supplied, sowing method, storage after delivery, temperature, moisture, growing conditions and other circumstances relevant to the particular claim.
However, nothing in this section limits any rights or remedies you may have if the seeds fail to meet a consumer guarantee under the Australian Consumer Law.
Where a seed is found to have a problem covered by the Australian Consumer Law and repair is not a practical remedy, we will provide the remedy required by law, which may include replacement, refund or another appropriate remedy.
Proof of Purchase
We may ask you to provide reasonable proof that the goods were purchased from us before providing a remedy.
Proof of purchase may include:
(a) an order confirmation;
(b) invoice or receipt;
(c) order or transaction number;
(d) credit or debit card statement;
(e) payment record; or
(f) other information that reasonably demonstrates that the goods were purchased from us.
An original paper receipt is not necessarily required.
Assessment of Claims
We may reasonably assess goods before providing a remedy.
Depending on the nature of the claim, this assessment may involve photographs, order records, batch or product information, information provided by you, return of the goods, testing, inspection or other reasonable enquiries.
We will not reject a valid Australian Consumer Law claim merely because the goods have been opened, used or are no longer in their original packaging.
However, you may not be entitled to a remedy under the consumer guarantees where, for example, the problem was caused by misuse or damage occurring after the goods were supplied, or where you were made aware of the relevant defect before purchasing the goods.
Remedies Under the Australian Consumer Law
Goods sold in Australia come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
Depending on the circumstances, these guarantees may include that goods:
(a) are of acceptable quality;
(b) are fit for an applicable disclosed purpose;
(c) match their description;
(d) match any applicable sample or demonstration model; and
(e) comply with applicable promises made about their quality, condition, performance or characteristics.
The remedy available will depend on the nature and seriousness of the problem.
Major Problems
Where goods have a major problem under the Australian Consumer Law, you may be entitled to choose between a refund and a replacement.
A major problem may include circumstances where the goods:
(a) are unsafe;
(b) are significantly different from their description or sample;
(c) have a problem that would have stopped a reasonable consumer from purchasing them had they known about it beforehand; or
(d) cannot be used for their normal purpose, or an applicable purpose made known to us before purchase, and cannot easily be fixed within a reasonable time.
You may also have other rights available under the Australian Consumer Law, including compensation for reasonably foreseeable loss or damage in appropriate circumstances.
Minor Problems
Where a problem is not major, we are entitled to provide an appropriate remedy in accordance with the Australian Consumer Law.
For goods such as seeds, where repair is generally not practical, the appropriate remedy may be replacement or refund depending on the circumstances.
If a problem cannot be remedied within a reasonable time, further rights may arise under the Australian Consumer Law.
Incorrect Goods
If we send you goods that are different from the goods you ordered, please contact us as soon as reasonably possible.
We may ask you to provide your order number and photographs or details sufficient for us to confirm the error.
Where we have supplied the incorrect goods, we will arrange an appropriate remedy at no additional cost to you.
Returning Goods
Please contact us before posting goods back to us so that we can provide the correct return instructions.
In many cases, particularly for seeds and low-value goods, we may be able to assess and resolve the claim without requiring the goods to be returned.
If we ask you to return goods, we will provide instructions about where and how they should be returned.
Please do not send goods to us without first contacting our customer service team, as this may delay our ability to identify and process the return.
Goods do not need to be returned in their original packaging in order for you to exercise rights available under the Australian Consumer Law.
Return Postage and Other Return Costs
Where goods can reasonably be returned by post, we may ask you to return the goods to us for assessment.
If we confirm that the goods have a problem for which you are entitled to a remedy under the Australian Consumer Law, we will reimburse any reasonable return postage or transportation costs you were required to pay.
Where appropriate, we may instead provide a prepaid return method.
Please retain evidence of any reasonable return postage or transportation costs you incur.
Replacements and Exchanges
Where you are entitled to a replacement, we will provide a replacement of the same type where reasonably available.
If the same product or variety is no longer available, we will discuss the available options with you.
Where an appropriate replacement cannot be supplied, we will provide any other remedy to which you are entitled under the Australian Consumer Law, which may include a refund.
A substitute product or store credit will not be imposed instead of a refund where you are legally entitled to choose a refund.
Refunds
Where you are entitled to a refund, we will refund the amount required under the Australian Consumer Law.
This may include applicable delivery charges or other amounts where required by law.
Refunds will generally be made using the same payment method used for the original purchase.
If refunding the original payment method is not reasonably possible, we will work with you to arrange another appropriate refund method.
We will process approved refunds as soon as reasonably practicable.
Depending on the payment method and financial institution, it may take up to seven (7) business days after we process the refund for the funds to appear in your account. Processing times are controlled by payment providers and financial institutions and may vary.
Store Credit
We may offer store credit as an alternative resolution where appropriate.
Where you are legally entitled to a monetary refund under the Australian Consumer Law, you are not required to accept store credit instead of that refund.
If you voluntarily choose to receive store credit, the credit will be applied to your customer account or provided by another method such as a coupon or credit code.
Unless a longer period is required by law or otherwise stated when issued, store credit issued by us will be valid for three (3) years from the date of issue.
Orders Not Received
If your order has not arrived within the expected delivery timeframe, please contact us so that we can investigate with the carrier.
We may ask you to confirm your delivery address and provide other information reasonably required to investigate the delivery.
If goods cannot be supplied or delivered within the agreed timeframe, or within a reasonable time where no timeframe was agreed, we will provide any remedy required under the Australian Consumer Law or other applicable law.
Misuse, Damage After Delivery and Failure to Follow Instructions
Consumer guarantee remedies may not be available where the problem with the goods was caused by misuse, neglect, accidental damage after delivery, improper handling or storage after supply, or use contrary to clear instructions provided with the goods.
This does not affect your rights where the goods themselves failed to meet an applicable consumer guarantee.
Sale and Discounted Goods
Goods purchased on sale, promotion or at a discounted price are subject to the same consumer guarantee rights under the Australian Consumer Law as other goods.
We do not provide change-of-mind returns merely because an item was subsequently offered at a lower price.
Consumer Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
The Australian Consumer Law is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and may give you rights and remedies in addition to those set out in this Policy.
Nothing in this Policy is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
If any provision of this Policy is inconsistent with a right or remedy that applies under the Australian Consumer Law, the Australian Consumer Law will apply to the extent of that inconsistency.
Amendments to this Policy
We may amend this Policy from time to time by publishing an updated version on our website.
Any amendment to this Policy will not exclude, restrict or modify rights or remedies that cannot lawfully be excluded, restricted or modified.
We recommend reviewing the current version of this Policy when making a purchase.
Contact Us
If you have a question about a return, refund, replacement or consumer guarantee claim, please contact our customer service team: