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Terms and conditions

Terms & Conditions

TERMS OF USE

Your access to and use of this website is subject to these terms, the Privacy Policy, the Intellectual Property Rights Notice and any other terms contained on this website ("Terms of Use").

Disclaimer
All of the material published on this web site is for information purposes only. The information on this site is current at the date of publication but may be subject to change. Whilst we have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefore. All information is subject to change without notice. We do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. We do not guarantee that this website or third party websites will be free from viruses.

Information contained on this website is intended as a guide only and customers are reminded that growth and performance is dependant on a wide range of conditions beyond our control and we make no guarantee as to the suitability of any cultivar for any specific use nor do we recommend any one cultivar in preference to another or claim to be an authority on any one cultivar. All information is believed to be correct and is the result of private inquiries and experiences and is given in good faith. We disclaim all liability for loss suffered as a result of reliance on the matters set out in this website.

We advise that the stock seen on this website is only available for purchase in Australia. Although we expect that stock shown on this website will be available, we cannot guarantee such availability.

Links to Other Websites
References to other sites are provided as an information service only and should not necessarily be construed as an endorsement or approval. Conversely, omissions should not be construed as non-endorsement or disapproval.

Although every care is taken to provide links to suitable material from this site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.

Also, we are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time.

We do not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.

Third party sites
This website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and cannot control, the use of information that you may provide to any other website, even if you have access to that site via this website.

Children
This website is not intended for children and we ask that users under the age of 18 not submit any personal information to us. If you are under the age of 18, you may use this site only in conjunction with a parent or guardian.

By accessing or using this website, you agree to the terms of our Privacy Policy as outlined above. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE. We reserve the right at our discretion to change, modify, add or remove portions of this Policy at any time. Any changes will be posted on the site. Please check this page from time to time for changes.

Intellectual Property Rights Notice
We assert copyright and all other intellectual property rights in this web page and code used to create it, unless otherwise stated. All trade marks which appear on this web page are our property and are indicated by the appropriate symbol.

We also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site. Users of this web site may download a single copy of these documents and images for their personal use only.

Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any from by any process, including electronic form, without our express permission.

We own or are licensed to use the trade marks which appear on this website.

We are the owner of copyright in the library code used to create this website.

Withdrawal and Suspension of Service
We may withdraw completely, or suspend for a period of time, this website, or access to it for any reason including without limitation:
(a) if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
(b) if you breach any part of these Terms of Use;
(c) if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.


Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of this website indicates your acceptance of these Terms of Use, the Intellectual Property Rights Notice and the Privacy Policy.

These Terms of Use replace any other terms of use for this website published on this website to date. We may at any time vary the Terms of Use by publishing variations on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.

Goods and Services Tax
If GST is imposed on any supply made by us through this website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set-off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

Termination
If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to this website and terminate the Terms of Use effective immediately.

If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

Governing Law
This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of NSW, Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of NSW, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use.

Contacting the Website
If you have any questions about these Terms of Use or the attached Privacy Policy, the practices of this site or your dealings with this website, you can contact sales@plantworld.com.au.

Privacy Policy
This notice sets out our policy in relation to the collection, dissemination and protection of information obtained from our website. We are committed to maintaining the privacy of all information provided by visitors to our website. No information will be collected without your consent and all such information will be used in accordance with this Privacy Policy.

Collection of personal information
When you engage in certain activities on this site, we may ask you to provide certain information about yourself on a voluntary basis by filling out and submitting an online form or by completing the registration process contained within this website. We collect this information in order to record and support your participation in the activities you select. It is entirely optional for you to engage in these activities. If you do elect to engage in these activities, certain information required may include your name, postal address, email address and other personal identifying information.

We also use the information that you provide as part of our effort to keep you informed about product upgrades, special offers, and our other products and services and to help make our site, products and services more useful to you. We recognise and appreciate the importance of responsible use of this information. If you do not want the information that you provide to us to be used to inform you of other products and special offers from us and you indicate this preference when you provide the information to us, we will honour your preference.

We do not sell, lease or in any other way provide personally-identifying information to any other company, person or agency.

Cookies
Cookies are small text files placed by web browsers on a user's computer. Cookies are used to identify your activity on websites you visit. We may from time to time use cookies or similar devices to enhance the quality of the services provided by the website. In most circumstances, cookies will be optional and you may reject a cookie without significant impact on your accessibility to the function and the services provided on our website. All cookies placed by us will be for use by our website only. With the exception of any disclosure required by law, no information collected by us will be divulged or made available to any third party other than members of the Plantworld, without your express consent.

Unsolicited email

The information collected by us will generally include your email address. We will not use this email address to forward you information relating to our products and services unless:
(a) you have requested this information (by selecting the relevant option on the website); or
(b) the information is provided as part of any ongoing discussions between us and you in relation to our products and services.

Opting Out
You may at any time opt out of receiving any information you have previously requested that we provide to you by following the procedures for opting out set out on the website. If you have any problems with opting out of any ongoing information service provided by us, please send an email to sales@plantworld.com.au

Reviewing, updating or deleting your information
If you wish to review, update or delete any information maintained by us about you, you may, where this information is made available to you by the website, directly update that information. In all other circumstances, please send an email to sales@plantworld.com.au and we will provide you with full details as to all information we maintain in relation to you. We will also comply with any directions to update or delete any or all information.

Protection of information
When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.

Further, all stored customer information is protected from unauthorised access through the use of secure passwords and user log-ons or other security procedures.

This site has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.

You should always close your browser and log out when you have finished surfing the net, to prevent others from accessing your personal information and correspondence. Beware of posting personal information in publicly accessible online forums, such as chat rooms. If you voluntarily disclose personal information it may be collected and used by others.

Limitation of Liability
Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defense or settlement claims) whatsoever arising out of or referable to material on this website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the goods or services again;
(b) the repair of the goods; or
(c) the payment of the cost of having the goods or services supplied again or repaired.

Satisfaction Guarantee
A seven (7) day satisfaction guarantee is offered by Plantworld. The return of any products is conditional on the products being returned in their original condition, along with the delivery docket. (See Note 1 below).

However this offer does not diminish a customer's rights as set out in the Trade Practices Act 1974.

A customer may return or *exchange any of the purchased products within seven (7) days of delivery, if not satisfied with the product(s). ( See Note 1 below )

The return of any products will be at the expense of the customer.

The customer will be required to return the product(s), along with the delivery docket, by mail or in person as agreed with Plantworld.

The exchange of the product(s), less the original delivery and or packaging charges, will be exchanged to the purchaser ( within seven (7) days of the return).

* Exchange of product(s) assumes that the product(s) did not meet the advertised performance and will require the processing of a new order after the return. The cost of delivery of the exchanged product(s) due to performance will be borne by Plantworld. Any exchange of product(s) not related to the advertised performance of the product(s) will incur a new delivery charge.

Delivery
A minimum lead-time of 24 hours will be required to deliver stock, more for country deliveries.
Delivery charges will be invoiced at time of order taken.
Suitable access must be available for delivery. A charge may be incurred if our driver is delayed beyond normal expectations pertaining to the delivery. Whilst all care is taken, any damage to our truck or subsequent property on site due to inaccessibility will be born by the customer.

Changes or Cancellation
All changes or cancellations must be in writing (where practical) prior to the order being picked which occurs the day prior to delivery and 2 hours prior to pick ups.
If the order has been picked or if stock has been bought in for the job a restocking fee of 25% may be charged.

Holding Stock
We can only hold stock for 7 days past the due date for delivery or pick up. Beyond that Plantworld reserve the right to on sell stock, which may delay the order when it is rescheduled.

Substitutions
Substitution may occur due to availability of stock. The customer will be notified by telephone of same and acknowledges responsibility for the same. Substitutions may be labelled according to the landscape plan for ease of installation but may not necessarily represent the plant be installed and is all done with the customers consent and express knowledge which excludes Plantworld from any implied or expressed liability from the aforementioned.

Deposits
A deposit of 25% may be required for some orders. This will be asked for at the time of the order being placed if it is required.

Prices
Prices are subject to change without notice to the customer at any time prior to the order being placed. Plantworld reserves the right to correct any invoices already charged.
Terms and payments for Approved Customers
Our terms are strictly net 7 days or 30 days from the end of the month for approved account customers only.
All other dealings will be on a COD basis only.
Overdue accounts will attract a finance charge of 1.25% per month
Payment can be one of the following, Visa, MasterCard, Cash, Cheque (subject to pre-clearance) and direct deposit.
Customers will remain on a COD basis until credit is approved.
Accounts will be placed on hold after 60 days and legal action will be commenced after 90 days to recover outstanding monies. Plantworld reserves the right to withdraw credit at any time without notice to the customer.

Product Claims
All claims for credit must be made at the time of delivery and in the presence of our driver or a relevant staff member as the case may be, so that any queries may be answered or dealt with appropriately. Plantworld will not be responsible for deliveries made that are unattended by the customer. Should a claim be validated by one of our staff members we will credit your account with an adjustment note as required.

Limit of Liability

Plantworld states and the customer acknowledges that any variety or descriptive information furnished in relation to the plants, is based upon information supplied to us from our suppliers and is provided as a guide only.
The customer accepts responsibility in relation to any delays in accepting the plants ordered and recognizes that significant variations may occur in the particular plants due to geographic location, climate, soil type, soil conditions, cultural management practices and other growth factors. Plantworld gives no further warranty, expressed or implied, and all other or further warranties, including any warranties of merchantability or fitness for particular purposes.
We shall not be responsible for loss of any product, profit or any other indirect special or consequential damages.
No liability will be accepted by Plantworld, its Directors or its staff for information or plant material supplied.

Title and Risk
Ownership in the plants supplied, shall at all times remain with Plantworld until such time as payment in full for each order is effected. Where payment is made by cheque, payments shall be deemed not to have been effected until such cheque has been cleared. In the event that payment is not effected, then Plantworld are authorised to enter upon any property where the plants may be located and remove same, by force if necessary, without being liable for any loss or claim as a consequence of its action.

Risk in the plants supplied shall always pass to you or your company at the time they are delivered into custody of you or your carrier by Plantworld. Plantworld shall not be responsible for any damage caused to or loss of plants while in the custody of any carrier and you shall be responsible for making any insurance arrangements you deem necessary.

NOTE 1:
Plantworld will, upon the return of the product(s) within the seven (7) day satisfaction guarantee period, provide an exchange of equal or equivalent value.

Plantworld will not accept the return of any products that have been damaged. The return is conditional on the products being in their original condition and must be accompanied by the delivery docket. The only exception to this is where the products were damaged prior to delivery. The onus of proof of damage prior to delivery resides with the customer.

NOTE 2:
Plantworld retains the right to change this product exchange policy without notice and any changes will apply from the effective date of change as determined by Plantworld.

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