Terms and Conditions of Use
These Terms and Conditions ("Terms") govern your use of our website located at Online Plants NT ("Site") and form a binding contractual agreement
between you, the user of the Site and us, Online Plants NT (ABN786 65 320 811)
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the
Site. You can contact us on 0449609374 or on email at firstname.lastname@example.org.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them.
If you do not agree to the Terms, please do not use the Site.
Online Plants NT reserve the right to make changes to these Terms.
1.1The Site contains information and images obtained from sources which are believed to be reliable. However no representation or warranty, express
or implied, is made neither that the information and images on this Site are correct nor that the sources of such information and images are
1.2It is your responsibility to confirm the accuracy of all information and images on the Site.
1.3Some images displayed on this Site will be a plant shown in a large or small pot. Please refer to plant description text, below each plant image
for the approximate pot size of that each plant comes in.
1.4We will not accept any liability for any loss what soever of any natured suffered by a person as a result of relying on the information and
images on this Site.
1.5The Site contains links to other websites. We do not endorse, sponsor or approve any such user generated content or any content available on
any linked website. We make no warranty or representation, express or implied and accept no liability, with respect to the information or materials
on any external sites with links on this website.
2.Intellectual Property Rights
- 2.1Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us,
we own all intellectual property rights in the Site (or are using the rights of third parties with their agreement).
- 2.2By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable
right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content
to the public) and permit us to authorise any other person to do the same thing.
- 2.3You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in
which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- 2.4The licence in clause 2.3 will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights
to grant the licences and consents set out in clauses 2.2 and 2.3
- 3.1In operating this Site, we collect personal information about you within the meaning of the Privacy Act 1988 (Cth).
- 3.2In collecting, using or disclosing your personal information, we are 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.
- 3.3We will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
- 4.1Post Office Boxes will not be accepted for any orders (even seed orders). The goods you order will be delivered to the address you gave
when you placed your order.
- 4.2While we will endeavour to dispatch your order within 2 business days following receipt of payment for the goods, we will not be liable
for late delivery and make no guarantee as to the timeframe for delivery.
- 4.3If you will not be present to accept your delivery you must ensure you have appointed some else to sign for your delivery when the goods
- 4.4Delivery of the goods will be taken to be effected when they are delivered to the nearest point to the public road which is on the delivery
address. It is your responsibility to move the goods to any other part of the property and to have labour available for that purpose.
- 4.5All goods must be checked by you or by a nominated person on your behalf upon delivery and any damage or shortages noted on the delivery
note. We will not be liable in respect of any damage or shortages not entered on the delivery note. We will not be liable in respect of
any defects not notified to us within 2 working days of delivery.
- 4.6The goods are at your risk as and from the time when the goods are delivered at the nominated delivery address. You can request that your
goods be left without signature. However if, at your request, the carriers do leave the goods without a signature, then you must take full
responsibility for any subsequent loss, damage or theft of the goods.
- 5.1We currently only accept Paypal as an online payment. We will not be under any obligation to process your order until we receive payment
in our bank account from Paypal.
- 5.2If you wish to pay by cheque, money order or bank transfer you may contact Online Plants NT during office hours, and we may (in our discretion)
allow that method. If payment is made by cheque, money order or bank transfer at least 5 working days must be allowed for clearance prior
to the goods being dispatched or collected.
- 5.3Our delivery fee is a standard fee of $19.95 for all orders. The delivery fee will be automatically added to your shopping cart online at
the final stage of payment. We reserve the right to change this fee at its discretion.
- 6.1If delivery cannot be made to your address, we will inform you as soon as possible, and refund or offer you store credit (at our discretion)
for any sums that have been paid by you or debited from your credit card for delivery.
- 6.2We will not issue a refund if you change your mind about your purchase, or if you wish to return the goods for any other reason not provided
for by this agreement or the Australian Consumer Law.
- 6.3If you purchase goods and do not request delivery to the postcodes set out on the Site all monies will be refunded.
7.Limitation of liability
7.1If you consider the goods which are delivered to be defective or to be different to the goods you ordered, you must contact us within 24 hours
of receipt of delivery. If we agree that the goods are defective or are different to the goods you ordered, we will provide a full refund for
7.2If a complaint proves to be baseless then you will be liable to pay us for our costs and expenses in investigating the complaint.
7.3We will not be liable for failures or defects caused or partially caused by weather, incorrect cultivation, or any cause beyond our control.
7.4Our liability to you will be limited to the price you pay us for the goods. We will not be liable for any consequential loss or damage suffered
8.Description of Goods
- 8.1The description and price of the goods you order will be as shown on our web site at the time you place your order.
8.2The goods are subject to availability. If the goods you have ordered are not in stock, you will be notified of an approximate delivery date.
8.3If we discover an error in our price or order details, we reserve the right to cancel your order within 48 hours.
- 9.1A 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.
- 9.2If any provision of these Terms is determined to be illegal, void or unenforceable, the provision is only ineffective to the extent of that
illegality, voidness or unenforceability, without invalidating the remaining provisions.
- 9.3These Terms will be governed by the law of the Northern Territory and any disputes in relation to these Terms or website will irrevocably
be submitted to the jurisdiction of the courts of the Northern Territory.