Terms and Conditions

1        Terms and conditions of use

1.1  This Plants4Perth.com.au website ("this website") is owned and operated by Plants4Perth.

1.2    Your access to this website is subject to these terms and conditions, notices, disclaimers and any other terms and conditions or statements contained on this website (referred to collectively as "Terms and Conditions").

1.3  Plants4Perth reserves the right to make changes to the Terms and Conditions.

1.4  You agree that your use of this website is subject to and in accordance with the Terms and Conditions. In these Term and Conditions: 

(a)  "Customer" means you;

(b)  "Goods" means goods ordered through this website; and

(c)  "Delivery Point" means a point of delivery specified by the Customer.

 

2         Information on this website

2.1    You assume total responsibility and risk for your use of this website.

2.2   This website contains information and images obtained from sources which are believed to be reliable. While care has been taken to ensure that the information and images on this website are correct, and that the sources are reliable, no representation or warranty, express or implied, is made that the information and images on this website are correct or that the sources of such information and images are reliable.

2.3  It is solely your responsibility to evaluate and check the accuracy of all information and images on this website, including by checking the primary source of the information and images.

2.4  Plants4Perth accepts no liability for errors or omissions in the information and images on this website, or for any loss of whatsoever nature suffered by any person as a result of relying on the information and images on this website.

 

3        No endorsement of external links

3.1  Plants4Perth makes no endorsement, approval or recommendation of the owners or operators of any external sites with links on this website

3.2  Plants4Perth makes no warranty or representation, express or implied, and accepts no liability, with respect to the information or materials on any external sites with links on this website.

 

4        Prices

4.1  Prices quoted on this website are subject to change from time to time in the discretion of Plants4Perth.

 

5        Delivery

5.1  Plants4Perth will deliver Goods to a Delivery Point within the metropolitan area of Perth, subject to receipt by Plants4Perth of payment in full for the Goods.

5.2  Plants4Perth may, in its discretion ,deliver Goods to a Delivery Point in Western Australia outside the metropolitan area of Perth, in which case:

    (a)  Plants4Perth reserves the right to charge the Customer additional costs for delivery; and

  (b)  Clauses 5.6 and 6.1 below shall not apply.

5.3  If the Customer is not present at the Delivery Point at the time of delivery of the Goods, Plants4Perth will leave the Goods at the unattended Delivery Point.

5.4  Plants4Perth shall not be liable in any way whatsoever for damage caused or alleged to have been caused to the Customer’s property by the entry thereon by Plants4Perth or its employees. The Customer shall indemnify Plants4Perth and keep Plants4Perth indemnified against all liability in respect of any damage to the Customer’s property, Plants4Perth, its property and employees and their property whilst upon the Customer’s property, this not being damage caused wilfully or by negligence of Plants4Perth or its employees.

5.5  The Goods are at the Customer’s risk as and from the time when the Goods are delivered at the Delivery Point.

5.6  Plants4Perth will deliver the Goods to the Delivery Point between 2 - 5 business days after the order is placed.

5.7  Plants4Perth will deliver the Goods to the front entrance, ground floor of the property.

5.8  Delivery to freight companies is charged at a flat fee of $35.00 and is not included in the free delivery. In the case where the customer has selected a suburb, and has received free delivery, the customer shall be notified and charged our standard freight delivery fee of $35.00.

 

6        Refund

6.1  If requested by the Customer, Plants4Perth will refund the amount of the purchase price for Goods that are not delivered to the Delivery Point within 5 business days after the order is placed.

6.2  Plants4Perth will refund the amount of the purchase price for Goods to the Customer if the Goods do not match their description on this website, and the Customer returns the Goods undamaged and in their original container together with the delivery docket to Plants4Perth.

6.3  In the event that the Customer orders Goods which Plants4Perth is unable to supply, the liability of Plants4Perth to the Customer is limited to refunding the purchase price for the Goods to the Customer.

6.4  Any orders cancelled once the order has been placed and the confirmation email has been received by Plants4Perth, the customer will incur a 10% administration fee.

 

7        Liability of Plants4Perth

7.1  Subject to clause 7.2, all rights duties, liabilities, terms, covenants and warranties implied at law or pursuant to any State or Federal legislation in respect of Plants4Perth, and the Goods are hereby excluded, to the extent that such exclusion is lawful.

7.2  Any liability of Plants4Perth arising from the breach of a condition or warranty implied by Part V Div 2 of the Trade Practices Act 1974 (Cth) or any equivalent State legislation (not being a condition or warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or section 36 of the Fair Trading Act 1987 (WA)) shall be limited to the repair or replacement of the relevant goods or paying the Customer the cost of repairing or replacing the goods.

7.3  Except as expressly provided in these Terms and Conditions, all warranties and representations made by Plants4Perth its employees or agents whether express or implied and whether collateral or antecedent to any contract formed through this website are expressly excluded.

7.4  Except as expressly provided in these Terms and Conditions, Plants4Perth will not be liable under any circumstances whatsoever for any loss, injury, or damage of any kind whatsoever including (but without limiting the generality of the foregoing) consequential loss of any kind, whether the same be due to the Goods or the Customer's use of the Goods, any act, omission, negligence or wilful default of Plants4Perth, its employees or agents, any breach by Plants4Perth, its employees or agents of any term hereof, or any other reason whatsoever.

 

8        Intellectual property

8.1  The information and material contained on this website is protected by copyright.

8.2  Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of Plants4Perth, or of the owner of the material in its original form, where Plants4Perth is not the owner.

8.3  Trade marks (whether registered or unregistered) and logos on this website must not be used or modified in any way without obtaining the prior written consent of Plants4Perth, or of the owner of such trademarks and logos where Plants4Perth is not the owner.

8.4  Your use of this website must not in any way infringe the intellectual property rights of any person.

 

9        Privacy

9.1  In operating this website, Plants4Perth collects personal information about you within the meaning of the Privacy Act 1988 (Cth).

9.2  When collecting, using and disclosing your personal information, Plants4Perth is committed to complying with the National Privacy Principles (NPP's) from Schedule 3 of the Privacy Act 1988 (Cth) as far as practicable. For the latest version of the NPP's, visit http://www.comlaw.gov.au.

9.3  You may check the information that we hold about you by emailing us.

9.4  We will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.

9.5  This website uses "cookie" technology to assist in identifying registered users and delivering contents specific to your interest. Cookies are pieces of information stored on an individual's computer and are used for customising site information to improve user experience and for tracking user navigation. If you do not wish information to be gathered on a cookie you should disable the acceptance of cookies by your web browser.

 

10    No waiver

10.1      A single or partial exercise or waiver of a right relating to these terms will not prevent any other exercise of that right or the existence of any other right.

11    Severability

11.1      If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions will still be valid.

 

12    Governing law

12.1      This website and these Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Western Australia, and any disputes in relation to this website and/or Terms and Conditions terms shall be submitted to the exclusive jurisdiction of the courts of the State of Western Australia.