Terms & Conditions
ONLINE GIFT SHOP – TERMS AND CONDITIONS
Last Updated: 31/07/2026
About Royal Botanic Gardens Victoria
The Royal Botanic Gardens Board (ABN 36 600 553 934) trading as Royal Botanic Gardens Victoria ("RBGV", "we", "our" or "us") is a Victorian statutory authority established under the Royal Botanic Gardens Act 1991 (Vic).
These Terms and Conditions govern your access to and use of the Royal Botanic Gardens Victoria Online Gift Shop ("Online Store") and all purchases made through the Online Store.
By accessing the Online Store or placing an order, you agree to be bound by these Terms.
1. Definitions
In these Terms:
Online Store means the Royal Botanic Gardens Victoria online retail store.
Products means goods offered for sale through the Online Store.
You means any person who accesses or uses the Online Store or purchases Products.
2. Agreement
These Terms, together with:
- our Privacy Policy;
- our Shipping & Returns Policy; and
- any additional terms expressly referred to during the ordering process, constitute the entire agreement between you and RBGV regarding your use of the Online Store and the purchase of Products.
The Terms applying to your purchase are those in force at the time RBGV accepts your order.
3. Eligibility
By placing an order you warrant that you:
- are capable of entering into a legally binding contract; and
- are authorised to enter into this agreement.
If you purchase Products on behalf of another person or organisation, you warrant that you have authority to bind that person or organisation.
4. Changes to these Terms
RBGV may update the Terms and Conditions from time to time.
The version published on the Online Gift Shop at the time your order is accepted will apply to your purchase unless otherwise required by law.
5. Product Information
RBGV makes reasonable efforts to ensure product descriptions, specifications, images, pricing and availability are accurate.
Product photographs are provided for illustrative purposes only.
Colours, dimensions and appearance may vary depending on your device, display settings and the nature of individual products.
Minor variations in handcrafted, natural or botanical products do not constitute defects.
RBGV does not warrant that all information published on the Online Store is complete, current or free from error.
6. Orders
All orders are subject to acceptance by RBGV.
An automated order confirmation acknowledges receipt of your order only.
A contract for sale is formed only when RBGV dispatches your order or otherwise confirms acceptance.
RBGV reserves the right to refuse or cancel any order where:
- a Product is unavailable;
- pricing or product information contains an error;
- payment cannot be authorised;
- fraudulent or unlawful activity is suspected;
- the order breaches these Terms; or
- compliance with applicable law requires cancellation.
Where payment has already been processed, any cancelled order will receive a full refund.
RBGV reserves the right to decline or cancel an order and provide a full refund before dispatch where customs requirements, import or export restrictions, sanctions, embargoes, tariffs, carrier limitations or other circumstances outside RBGV's reasonable control prevent or materially complicate delivery of a Product to the nominated destination.
RBGV may place reasonable limits on purchase quantities.
7. Customer Accounts
Where customer accounts are available, you are responsible for maintaining the confidentiality of your account credentials and password.
You must notify RBGV immediately if you become aware of any unauthorised use of your account.
You are responsible for all activities undertaken using your account unless you have notified RBGV of unauthorised access.
8. Electronic Communications
By using the Online Store or providing your email address, you consent to receive communications from RBGV electronically, including order confirmations, invoices, shipping notifications, customer service communications, updates to these Terms where required by law, and other notices relating to your purchase. Where you have separately agreed to receive promotional or marketing communications from RBGV, you may opt out of receiving those communications at any time using the unsubscribe facility provided or by contacting RBGV.
You agree that electronic communications satisfy any legal requirement that such communications be provided in writing.
9. Pricing and Payment
Unless otherwise stated:
- prices are in Australian Dollars (AUD);
- prices include GST where applicable; and
- shipping charges are calculated separately during checkout.
Payment must be made in full at the time an order is placed.
Payments are processed securely through third-party payment providers.
RBGV does not retain complete credit card information.
If a pricing error is identified after an order is placed, RBGV may cancel the order and provide a full refund.
10. Product Availability
Products are offered subject to availability.
Where a Product becomes unavailable after an order has been placed, RBGV may:
- issue a refund;
- offer a substitute product; or
- contact you to discuss available alternatives.
11. Delivery
Delivery is subject to the RBGV Shipping & Returns Policy.
Estimated delivery timeframes are estimates only and may vary depending on the delivery provider and destination.
RBGV is not responsible for delays caused by Australia Post, courier services, severe weather, industrial action or other events beyond our reasonable control.
12. Risk and Title
Ownership of Products passes to you once full payment has been received and delivery or collection is complete.
Risk in the Products passes to you once the Products have been delivered to your nominated delivery address, or once collected by you where Click and Collect is used.
13. Returns, Refunds and Consumer Guarantees
Nothing in these Terms excludes, restricts or modifies any rights available under the Australian Consumer Law.
Where Products:
- are faulty;
- are not of acceptable quality;
- do not match their description; or
- otherwise fail to comply with consumer guarantees,
- you may be entitled to a repair, replacement or refund.
RBGV does not generally provide refunds for change-of-mind purchases unless required by law or otherwise expressly stated.
In situations of major failures the customer may choose a refund or replacement, and for minor failures RBGV may elect to repair or replace within a reasonable time.
14. Gift Cards
Where gift cards are offered:
- they are not redeemable for cash except where required by law;
- they cannot be reloaded unless expressly stated;
- they must be redeemed before any applicable expiry date; and
- lost, stolen or damaged gift cards may not be replaced.
Gift Cards expire after 3-years from date of purchase.
No post-supply fees apply.
15. Product Safety
Where a Product becomes subject to a product recall or safety notice, RBGV may contact affected customers using the contact information provided when the Product was purchased.
16. Licence to Use the Online Store
Subject to these Terms, RBGV grants you a limited, non-exclusive, non-transferable licence to access and use the Online Store for your personal, non-commercial use.
Except as permitted by applicable law, you must not reproduce, distribute, modify, reverse engineer or commercially exploit any part of the Online Store without RBGV's prior written consent.
17. Intellectual Property
All intellectual property rights in and associated with the Online Store, including:
- photographs;
- artwork;
- product images;
- logos;
- text;
- graphics;
- designs;
- branding;
- software;
- trade marks; and
- website design, are owned by or licensed to RBGV and protected by Australian law.
Nothing in these Terms grants any ownership or licence to use RBGV's intellectual property except as expressly stated.
18. Acceptable Use
You must not:
- use the Online Store unlawfully;
- provide false or misleading information;
- impersonate another person;
- interfere with website security;
- interfere with another person's use of the Online Store;
- upload malicious software;
- scrape website content;
- use automated purchasing software;
- attempt unauthorised access to systems or accounts; or
- infringe another person's intellectual property.
18 A. Consequences of Breach
If you breach these Terms, RBGV may, acting reasonably, suspend or terminate your access to the Online Store, cancel or refuse any order, refuse future transactions, or take any other action reasonably necessary to protect RBGV, its customers, staff, systems or operations.
18 B. Regulatory and Law Enforcement Disclosure
RBGV may disclose information relating to your use of the Online Store, customer account or transactions where required or authorised by law, or where reasonably necessary to cooperate with a regulatory authority, government agency, law enforcement body, court or tribunal.
19. Third-Party Services
The Online Store may use or link to third-party websites and service providers.
RBGV is not responsible for the content, security or privacy practices of third parties.
20. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded.
To the maximum extent permitted by law, RBGV is not liable for any indirect, consequential, incidental or special loss, including loss of profit, revenue, opportunity, goodwill or data, arising from your use of the Online Store or the purchase of Products.
Where liability cannot be excluded, RBGV's liability is limited to the cost of the good(s) or otherwise to the extent permitted by law.
21. Force Majeure
RBGV is not liable for delays or failure to perform obligations where caused by circumstances beyond its reasonable control, including:
- natural disasters;
- fire;
- flood;
- pandemic;
- government action;
- industrial disputes;
- interruption to utilities; or
- transport disruption.
Where reasonably practicable, RBGV will use reasonable endeavours to minimise the effect of any force majeure event.
22. Privacy
Personal information collected through the Online Store is managed in accordance with the Royal Botanic Gardens Victoria Privacy Policy, available on the RBGV website. By using the Online Store, you acknowledge that Royal Botanic Gardens Victoria may collect, use and disclose your personal information as described in the Privacy Policy, including for the purposes of processing and fulfilling orders, administering payments, arranging deliveries and providing customer support.
23. Accessibility
RBGV is committed to providing accessible online services.
If you require assistance accessing any part of the Online Store, please contact us at shop@rbg.vic.gov.au.
24. Dispute Resolution
If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the matter through good-faith discussions before commencing legal proceedings, except where urgent interlocutory relief is required.
25. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
26. Waiver
Failure by RBGV to enforce any provision of these Terms does not constitute a waiver of that provision.
27. Governing Law
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria and courts hearing appeals from those courts.
28. Contact Us
Royal Botanic Gardens Board
Trading as Royal Botanic Gardens Victoria
ABN 36 600 553 934
Melbourne Gardens
Birdwood Avenue
Melbourne VIC 3004
Telephone: (03) 9252 2300
Email: shop@rbg.vic.gov.au
Website: www.rbg.vic.gov.au