Overview
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. Potted Petites does not have to pay for damages or losses that (i) are not caused by Potted Petite’s failure to meet a consumer guarantee, or (ii) are not reasonably foreseeable.
On the rare chance that your plant has been damaged please contact us at [email protected] within 24 hours of delivery so that we may consider whether you are eligible for a return or replacement. We require photos of the product in question, plus photos of all packaging so we can see the issue. Claims must be made by email. Unfortunately, we cannot accept claims via any social media channels. We also require you to provide the following details about the circumstances so we can determine how to help your plant:
(a) Has the plant been re-potted since receiving it?
(b) Is the soil wet or dry?
(c) Have you watered the plant since receiving it?
(d) A description of the plant’s location in your home.
We will not accept any returns claims submitted outside of the 24 hours from delivery period. If we do not hear from you within 24 hours of delivery, we will assume your product has arrived and is in suitable condition.
Original shipping costs for the product are non-refundable as this service has been provided in full. Return shipping costs are the responsibility of the buyer.
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of Potted Petites for a breach of a non-excludable guarantee is limited, at Potted Petite’s option, to:
(a) in the case of goods (and to the extent applicable for plants) supplied or offered by us, any one or
more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except as expressly set out in these Terms and to the extent permitted by law including the ACL, Potted Petites does not make or will not be deemed to have made any:
(a) warranty or representation, express or implied, as to:
(i) the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);
(ii) the absence of any latent or other defects;
(iii) the absence of any infringement of any intellectual property rights (including copyright and patents);
(iv) the absence of obligations based on strict liability in tort; or
(b) other representation, guarantee or warranty whatsoever, express or implied, with respect to any
Product or any part thereof or services sold on the Website.
12.9 Potted Petites will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, all links to or from the Website or the goods and services advertised or purchased from the Website other than losses that 1) resulted from Potted Petite’s failure to meet a
consumer guarantee; and 2) are reasonably foreseeable.
12.10 Subject to this clause 12, to the maximum extent permitted by law, you agree that the maximum aggregate liability of Potted Petites for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
Need help?
Contact us at via [email protected] or use our online form for questions related to refunds and returns.
