Terms of service
Overview
Welcome to Fresh Start Gardens. By accessing our website and purchasing from us, you agree to comply with and be bound by the following Terms of Service.
These terms apply to all visitors, customers and users of the website. By placing an order with Fresh Start Gardens, you acknowledge that you have read, understood, and agreed to these terms; along with our Shipping Policy, Live Arrival/DOA Policy and Refund Policy.
Fresh Start Gardens reserves the right to update or modify these terms at any time without prior notice.
Continued use of the website following any updates constitutes acceptance of those changes.
Products & Livestock
Fresh Start Gardens specialises in live shrimp, fish, aquatic plants, and aquarium related products. Due to the natural variation of live animals and plants; colours, patterns, sizes and marking may vary between individual specimens.
All photos displayed on the website are intended as examples only and may not represent the exact livestock or plant received unless otherwise stated.
Availability of products and livestock may change at any time without notice. Fresh Start Gardens reserves the right to limit quantities, refuse service, or cancel orders where necessary.
We take great care in maintaining the health and quality of all livestock prior to sale; however, customers are responsible for ensuring they have appropriate tank conditions, water parameters and knowledge required for the care of the species purchased.
Livestock Health
All livestock sold by Fresh Start Gardens are carefully inspected prior to shipping or pickup to ensure they are healthy and in suitable condition for transport.
While every effort is made to provide healthy and well-established livestock, shrimp and fish may experience stress during shipping, acclimation, transport or introduction into a new environment.
Fresh Start Gardens is not responsible for losses occurring after successful delivery or pickup due to water quality, improper acclimation, unsuitable water parameters, or general aquarium conditions.
Customers are responsible for researching the care requirements and compatibility of all livestock prior to purchase.
Pricing & Payments
All prices listed on the Fresh Start Gardens website are displayed in Australian Dollars (AUD).
Prices, promotions, and product availability may change at any time without prior notice. Orders will only be processed once full payment has been received and confirmed.
Fresh Start Gardens reserves the right to cancel or refuse any order in cases of pricing errors, suspected fraudulent activity, stock availability issues or violations of our Terms of Service.
Refunds & Returns
Fresh Start Gardens does not offer refunds for change-of-mind purchases. Where approved, replacements, exchanges, or store credit/gift cards may be provided at our discretion in accordance with our policies and Australian Consumer Law.
In the event an order cannot be fulfilled due to stock availability or an issue on our end, customers may be offered a replacement item, store credit or a gift card.
Due to the nature of livestock, Fresh Start Gardens does not offer returns, refunds or change of mind exchanges on live shrimp, plants and fish.
- If DOA happens please refer to our Shipping Policies to replace your livestock free -
For dry goods, accessories and aquarium products, returns may be accepted within 3 days of purchase if item is unused, in original packaging unopened, and in resell-able condition.
Fresh Start Gardens does not offer refunds for change of mind purchases.
Approved returns may instead be issued as:
1. Store Credit
2. Gift Cards
3. Product Exchange (where applicable)
Customers are responsible for return shipping costs unless the item is deemed faulty upon arrival. - Please view Shipping Policy for more -
If a dry goods item arrives damaged or faulty, customers must contact Fresh Start Gardens at freshstartgardens@outlook.com.au with clear photos and order details within 24 hours of delivery so the issue can be reviewed and resolved appropriately in accordance with Australian Consumer Law.
Customer Conduct
By using the Fresh Start Garden website and or purchasing/picking up from us, customers agree to interact respectfully and honestly when placing orders, communicating with staff, or submitting claims.
Fresh Start Gardens reserves the right to refuse service, refuse refunds/exchanges, cancel orders, or deny future purchases in a case involving:
1. Fraudulent activity or chargebacks
2. False DOA or damage claims (EXAMPLE: Using AI pictures or false evidence for claims)
3. Abusive, threatening, or inappropriate behaviour
4. Misuse of the website or policies
Customers must ensure all information provided during checkout, including shipping and contact details, is accurate and up to date.
Limitation of Liability
Fresh Start Gardens takes great care in the health, packaging and safe transport of all our livestock and products. However, once an order has been successfully delivered or collected, responsibility for ongoing care and husbandry transfers to the customer.
Fresh Start Gardens is not liable for losses, damages or issues resulting from:
1. Improper acclimation
2. Incompatible tank mates
3. Poor water quality or unstable parameters
4. Equipment failure
5. Delayed courier services
6. Customer negligence or unsuitable aquarium conditions
By purchasing livestock or products from Fresh Start Gardens, customers acknowledge the risks associated with keeping live aquatic animals and plants and agree that proper care and maintenance are the responsibility of the customer after delivery or pickup.
Website Content & Intellectual Property
All content displayed on the Fresh Start Gardens website, social media including; logos, branding, photographs, product images, graphics, text, descriptions, and designs, remains the property of Fresh Start Gardens unless otherwise stated.
Website content may not be copied, reproduced, redistributed, modified, or used for commercial purposes without prior written permission from Fresh Start Gardens.
Unauthorised use of website content, social media content, branding or media may result in action being taken where necessary.
Changes to Terms & Policies
Fresh Start Gardens reserves the right to update, modify, or change these Terms of Service, policies, pricing, and website content at any time without prior notice.
It is the customer's responsibility to review these terms periodically to remain informed of any updates. Continued used of the website and purchase of products following any changes constitutes acceptance of the updated terms and policies.
Acclimation Disclaimer
Customers are responsible for properly acclimating all livestock upon arrival.
Improper acclimation, unstable water parameters, unstable tank conditions, or incompatible tank mates may result in stress, illness or death of livestock after delivery or pickup. Fresh Start Gardens is not responsible for losses occurring due to improper acclimation or unsuitable aquarium conditions.
Drip acclimation is strongly recommended for shrimp and sensitive livestock species.
Force Majeure
Fresh Start Gardens is not liable for delays, losses or failure to fulfil obligations resulting from events outside of our reasonable control, including but not limited to:
1. Extreme weather conditions
2. Natural disasters
3. Floods or bushfires
4. Courier disruptions or transport delays
5. Strikes or industrial actions
6. Power outages
7. Government restrictions or emergencies
In such circumstances, Fresh Start Gardens reserves the right to delay, reschedule, or cancel shipments/pickup where necessary for the safety of our livestock and customers.
Refusal of Sale
Fresh Start Gardens reserves the right to refuse, cancel, or limit any order at our discretion.
This may include but not limited to:
1. Unsafe shipping conditions
2. Extreme weather events
3. Concerns regarding animal welfare
4. Incorrect or incomplete customer information
5. Suspected fraudulent activity
6. Abusive or inappropriate behaviour toward staff
Age Requirement
By purchasing from Fresh Start Gardens, customers confirm they are at least 18 years of age or have permission from a parent or legal guardian to make purchases through the website.
State Restrictions & Biosecurity
Customers are responsible for ensuring any livestock, plants or produce purchased comply with their local state laws, regulations, and biosecurity restrictions.
Fresh Start Gardens is not responsible for orders impacted by state restrictions, prohibited species regulations or import limitations within specific regions of Australia.
Limitation on Guarantee Time
All DOA (Dead on Arrival) claims must be reported to Fresh Start Gardens within 50 minutes of confirmed delivery time.
Claims submitted outside of this timeframe may not be eligible for replacement, store credit or review.
Clear photos of livestock, unopened bagging, and packaging must be provided for all DOA claims in accordance with our Live Arrival & DOA policies.