Effective Date: August 29, 2026

Introduction

These Terms & Conditions (Terms) govern your access to and use of the Newgarden Australia website, online store, products and related services (collectively, the Services).

By accessing or using our Services, creating an account, or placing an order with us, you agree to be bound by these Terms, our Privacy Policy, Returns Policy, Shipping Policy and any other policies or terms referenced on our website.

If you do not agree to these Terms, you must not use our Services.

Company Information

The Services are operated by:

Newgarden Australia Pty Ltd
ABN: 18 805 745 435
Email: information@newgarden.au

References in these Terms to Newgarden Australia, we, us or our refer to Newgarden Australia Pty Ltd.

Eligibility

To place an order through our Services, you must:

• Be at least 18 years of age; or
• Have the permission and supervision of a parent or legal guardian.

By placing an order, you represent that the information you provide is accurate, current and complete and that you are authorised to use the payment method provided.

If we reasonably believe that an order has been placed by a person who is not legally capable of entering into the transaction, we reserve the right to cancel the order and refund any amount paid.

Product Information

We take reasonable care to ensure that product descriptions, specifications, images, measurements, pricing and availability displayed on our website are accurate.

However:

• Colours may vary depending on screen settings, lighting and display technology
• Product measurements and dimensions may be approximate
• Minor variations may occur between products
• Product availability is not guaranteed until an order has been accepted
• Images may be illustrative and may not always represent exact scale, colour or appearance
• We may correct genuine errors or omissions where reasonably necessary

Nothing in this section limits any guarantee, right or remedy available to you under the Australian Consumer Law.

We may modify, update or discontinue products from time to time without prior notice, subject to any existing orders and applicable law.

Orders & Acceptance

When you submit an order through our website, you are making an offer to purchase the products listed in that order.

Receiving an automated order acknowledgement does not necessarily mean that we have accepted your order.

An order is accepted once we confirm acceptance, begin processing or dispatch the order, as applicable.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• A product is unavailable
• There is an obvious pricing, description or system error
• Payment cannot be authorised
• We reasonably suspect fraud or unauthorised activity
• Delivery information is materially incomplete or inaccurate
• The order breaches these Terms
• We are unable to fulfil the order for reasons beyond our reasonable control

If we cancel an order after payment has been successfully received, we will refund the amount paid for the cancelled portion of the order.

Pricing & Payment

Unless otherwise stated, prices displayed on our Australian website are in Australian Dollars (AUD).

Where required by Australian law, displayed prices include applicable Goods and Services Tax (GST).

International customers may incur currency conversion charges or other fees imposed by their bank, card issuer or payment provider. These charges are outside our control.

Payment may be processed through approved third-party payment providers, which may include:

• Shopify Payments
• PayPal
• Stripe
• Afterpay, where available
• Other payment methods displayed at checkout

Payment options may change from time to time.

Payment card information is processed by our authorised payment providers in accordance with their applicable security and privacy practices. Newgarden Australia does not ordinarily receive or store your complete credit or debit card details.

We may change product prices at any time. Changes do not affect orders that have already been accepted, except where permitted by law in relation to an obvious pricing or system error.

Shipping & Delivery

Available shipping methods, charges and estimated delivery timeframes will be displayed on our website or during checkout where applicable.

Delivery timeframes are estimates and may be affected by circumstances including:

• Carrier or postal delays
• Customs and border processing
• Public holidays and high-volume periods
• Severe weather or natural events
• Incorrect or incomplete delivery information
• Events outside our reasonable control

We will take reasonable steps to facilitate delivery within the estimated timeframe but do not guarantee delivery on a particular date unless expressly agreed in writing.

You are responsible for ensuring that the delivery information supplied with your order is complete and accurate.

Where an order has not been delivered, has been lost or has arrived damaged, please contact us so that we can investigate with the applicable carrier and determine the appropriate resolution.

Nothing in these Terms transfers responsibility to you in circumstances where Newgarden Australia remains responsible under the Australian Consumer Law or other applicable law.

International Orders

International orders may be subject to customs duties, import taxes, brokerage charges or other government fees imposed by the destination country.

Unless expressly stated otherwise at checkout, these charges are not included in the purchase price and are the responsibility of the recipient.

We do not control these charges and cannot guarantee their amount.

Customers are responsible for ensuring that products ordered can lawfully be imported into their destination country.

Returns & Exchanges

Our Returns Policy forms part of these Terms and should be read together with them.

For change-of-mind returns, products must satisfy the eligibility requirements specified in our Returns Policy, which may include requirements relating to:

• Unworn and unused condition
• Original tags
• Original packaging
• Hygiene and safety restrictions
• Applicable return timeframes
• Proof of purchase

We may decline a change-of-mind return that does not satisfy the requirements of our Returns Policy.

These conditions do not limit your rights where a product is faulty, unsafe, incorrectly described or otherwise fails to satisfy a consumer guarantee under the Australian Consumer Law.

Where a refund is approved, it will generally be returned to the original payment method unless otherwise required by law or agreed with you.

Promotions & Discount Codes

Promotional offers, sales and discount codes may be subject to additional terms communicated at the time of the promotion.

Unless otherwise stated:

• Discount codes cannot be combined
• Discounts cannot be retrospectively applied to previous orders
• Promotions may have commencement and expiry dates
• Certain products may be excluded
• Promotions may be subject to stock availability
• Discount codes must not be reproduced, sold or misused

We may withdraw, suspend or amend a promotion where reasonably necessary, including in response to technical errors, fraud, misuse or circumstances outside our reasonable control.

Any action taken will be subject to applicable consumer law.

Intellectual Property

All intellectual property associated with the Services — including legally protectable text, photography, imagery, graphics, logos, branding, website design, layouts, product descriptions, creative materials and other content — is owned by, licensed to, or otherwise lawfully used by Newgarden Australia.

Some materials may incorporate third-party intellectual property used under licence, permission, contractual arrangement or other lawful basis.

Except where permitted by law, you must not copy, reproduce, republish, modify, distribute, scrape, commercially exploit, sell, license or otherwise use any protected part of the Services without our prior written permission.

You must not use Newgarden Australia intellectual property in a way that falsely suggests an association, sponsorship, endorsement or affiliation with us.

Some images or creative materials may have been created, modified or enhanced using artificial intelligence as part of our creative and visualisation processes. We claim rights only to the extent that those rights are legally recognised and available to us.

Newgarden Australia does not claim ownership of third-party intellectual property or material that is not legally capable of protection.

If you believe that material appearing on our website infringes intellectual property rights that you own or are authorised to represent, please contact information@newgarden.au with sufficient information for us to review the matter.

Further information is available in our Intellectual Property Policy.

User Conduct

You must not use our Services:

• For any unlawful, fraudulent or abusive purpose
• To impersonate another person or entity
• To provide deliberately false or misleading information
• To upload or transmit malicious code, malware or harmful material
• To interfere with, disrupt or compromise our website, systems or security
• To attempt unauthorised access to restricted systems or information
• To scrape, harvest or systematically extract website content without permission
• To infringe our intellectual property rights or the rights of another person
• To use our Services in a way that could reasonably damage Newgarden Australia or other users

We may restrict, suspend or terminate access to our Services where we reasonably believe these Terms have been materially breached.

Third-Party Services

Our Services may contain links to or integrations with third-party websites, applications and service providers, including payment processors, delivery providers, analytics services and social media platforms.

Third-party services operate independently from Newgarden Australia and may be governed by their own terms, conditions and privacy policies.

We are not responsible for the acts, omissions, content or practices of an independent third party except to the extent that responsibility cannot lawfully be excluded.

You should review the applicable terms and privacy policies before using third-party services.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances, you may be entitled to remedies including:

• A refund or replacement for a major failure
• Compensation for reasonably foreseeable loss or damage resulting from a failure
• Repair, replacement or another appropriate remedy for certain non-major failures

These statutory rights are in addition to any rights provided under our Returns Policy.

Limitation of Liability

To the maximum extent permitted by law, Newgarden Australia will not be liable for loss or damage that:

• Was not reasonably foreseeable
• Was not caused by our breach, negligence or unlawful conduct
• Results from your misuse of a product or the Services
• Results from information or instructions supplied incorrectly by you
• Results from circumstances outside our reasonable control

To the extent permitted by law, we exclude warranties, representations and conditions that are not expressly set out in these Terms or imposed by law.

Where our liability can lawfully be limited, it will be limited to the extent permitted by applicable law.

Nothing in this section excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded or limited under the Australian Consumer Law or other applicable legislation.

Indemnity

To the extent permitted by law, you agree to indemnify Newgarden Australia against reasonable losses, liabilities, damages, costs or expenses arising directly from:

• Your unlawful use of the Services
• Your material breach of these Terms
• Your infringement of another person's intellectual property or other legal rights
• Fraudulent or deliberately wrongful conduct by you

This indemnity does not apply to the extent that a loss was caused or contributed to by Newgarden Australia or where liability cannot lawfully be transferred to you.

Force Majeure

To the extent permitted by law, we will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances genuinely beyond our reasonable control.

Such circumstances may include:

• Natural disasters
• Severe weather events
• Pandemics or public health emergencies
• Government actions or restrictions
• War, terrorism or civil disturbance
• Industrial disputes
• Significant carrier, supplier or logistics disruptions
• Major telecommunications or infrastructure failures
• Other comparable events beyond our reasonable control

Where such an event materially affects an order, we will take reasonable steps to minimise the impact and communicate with affected customers where practicable.

Nothing in this section removes any refund, cancellation or other right that you have under applicable law.

Dispute Resolution

If a dispute arises in connection with these Terms, an order or your use of our Services, we encourage you to contact us first at information@newgarden.au so that we can attempt to resolve the matter promptly.

Where appropriate, both parties agree to make reasonable efforts to resolve the dispute through good-faith discussions.

If a dispute cannot be resolved through direct negotiation, the parties may agree to participate in mediation or another appropriate dispute-resolution process before commencing formal proceedings.

Nothing in this section:

• Requires a consumer to waive any statutory right
• Prevents either party from seeking urgent injunctive or declaratory relief
• Prevents a consumer from contacting an applicable regulator, consumer protection body or tribunal
• Prevents either party from commencing proceedings where legally entitled to do so

Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how personal information is collected, used, disclosed and protected.

By using our Services, you acknowledge that you have had the opportunity to review our Privacy Policy.

Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

Where changes are made, the Effective Date at the top of these Terms will be updated.

Updated Terms will apply from the date they are published, subject to applicable law.

Changes will not retrospectively remove rights that have already accrued under an accepted order or applicable consumer law.

Governing Law

These Terms are governed by the laws of Queensland, Australia.

Subject to any rights you may have to bring proceedings in another jurisdiction under applicable consumer law, the courts and tribunals of Queensland will have jurisdiction in relation to disputes arising from these Terms.

Contact Us

For questions regarding these Terms & Conditions, please contact:

Newgarden Australia
ABN: 18 805 745 435
Email: information@newgarden.au