1. Overview
This website is operated by Potted Petites Indoor Plants (trading as Melinda Lee Reis, ABN 67 196 293 347) (referred to as Potted Petites, we, us or our).
2. Website terms and your acceptance
2.1 These are the terms on which Potted Petites permits users (referred to as you or your) to access and use the Potted Petites website (https://pottedpetites.com/) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 13) provided by Potted Petites, communicating with Potted Petites, reviewing product information and placing an order for products, services or both (Order) through the online store (Online Store).
2.2 You agree to be bound by these Terms when you:
(a) use, browse or access any part of the Website;
(b) register an account with the Website; or
(c) place an Order through the Online Store.
2.3 Potted Petites may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
3. Registering an Account
3.1 You may be required to register an account to make an Order on the Online Store or access other
particular areas of the Website (Account).
3.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform Potted Petites if there is any change to this information or data.
3.3 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).
4. Passwords
4.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. Potted Petites will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Potted Petites against all loss, damage, claims, costs or demands in this regard.
4.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Potted Petites of any Password which is lost, inoperable or used in an unauthorised manner.
5. Orders for products, services or both through the Online Store
5.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Potted Petites in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Potted Petites may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is
received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
5.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.
5.3 Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
5.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Errors, inaccuracies, omissions and changes to products, services and pricing
6.1 Occasionally there may be information on our Website or advertising that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website, advertising or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website, advertising or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, advertising or on any related website, should be taken to indicate that all information on the Website, advertising or on any related website has been modified or updated.
6.2 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
6.3 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website. While we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we cannot guarantee the availability of any product.
6.4 Any recommendations or suitability checks provided by Potted Petites are an opinion only. We always recommend doing your own research before purchase. We accept no responsibility for products not being suitable or compatible.
7. Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. Pricing
8.1 All transactions are processed in Australian Dollars.
8.2 Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
9. Payments
9.1 Payment for an Order is made through the Online Store to have your Order delivered to you using one of our third party couriers.
9.2 We accept Online Payment using VISA and MasterCard credit cards, PayPal, Klarna and zipMoney.
9.3 We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.
9.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
9.5 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
9.6 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
9.7 We will provide you with a receipt at time of ordering (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.
10. Delivery of Orders
Potted Petites currently only ship to the greater Brisbane City Council, Redland City Council and Logan City Council areas. The Online Store includes the ability for you to input your post code to determine whether you are located in an eligible shipping region.
10.1 We offer the choice of shipping using StarTrack and Australia Post eParcel (Third Party Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Couriers.
10.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms here. Should the address provided be incorrect and the freight returned to us, you will be responsible for any additional freight cost or return to sender fees.
10.3 Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart. Some items in our range are too large for Australia Post to process and deliver; these items are restricted to Startrack delivery only in the checkout. Startrack are unable to deliver to a PO Box or Parcel Locker.
10.4 We aim to ship all Orders, where products are in stock, within 1-2 business days. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers. Your order may be shipped in multiple parcels/consignments.
10.5 Claims for damage in transit, incorrect delivery or incorrect item receipt must be reported in writing within 3 days of delivery and the goods returned to Potted Petites within 14 days of approval. There is no cover offered for issues reported after this time frame.
10.6 Orders shipped using the Australia Post On Demand option are shipped in accordance with the cut off and delivery times specified in checkout (delivery times subject to parcel volumes). Parcels will be delivered regardless of whether someone is available to accept the delivery. No claims for loss/non receipt can be made when using this service as you are guaranteeing your availability to accept delivery. Service available to selected Victorian postcodes only and delivery excludes PO Boxes and Parcel Lockers.
11. Risk and title
If you elect to have your Order delivered to you using one of the Third Party Couriers, then title to the products in your Order passes to you upon delivery.
12. Returns and refunds of an order and warranties
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
12.8 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.
13. Content
13.1 The Website is owned and operated by or on behalf of Potted Petites.
13.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of Potted Petites, images of people or places or other content (Content) contained in the Website are owned or licensed by Potted Petites.
13.3 The Content on the Website is for general information purposes only. Potted Petites does not warrant or make any representations as to any third party products or services described or referred to on the Website. Product images are for reference only and may vary from the actual product received. Any use of the Content by another person or organisation is at the user’s own risk.
13.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.
13.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.
13.6 If you have a complaint regarding any Content on the Website, Potted Petite’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
14. Copyright and intellectual property rights
14.1 You agree that we own all intellectual property rights in the Website, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights.
14.2 You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
(a) alter or modify any of the code or the material on the Website;
(b) cause any of the material on the Website to be framed or embedded in another website;
(c) create derivative works from the content of the Website; or
(d) use our Website for commercial purposes.
15. Third-party links
15.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. Potted Petites provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
15.2 Facebook and other websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Potted Petites is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Potted Petites is not responsible for and will not be liable in respect of any incorrect link to an external web site.
16. Access and communication
16.1 Potted Petites does not warrant that you will have continuous access to the Website. Potted Petites will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
16.2 Potted Petites does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
16.3 Whilst Potted Petites takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), Potted Petites cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
16.4 Potted Petites does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
17. Reviews on Website
Customers may submit reviews and ratings to be published on the Website. Potted Petites may remove or not publish reviews that contain personal details, personal attacks, swearing, vilifying comments, mention competitors, are published on the wrong product or service, or are fake or misleading.
18. Prohibited uses
Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:
(a) use the Website for any unlawful purpose;
(b) use the Website in a way that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) download (other than page caching) or modify the Website or any portion of the Website;
(d) impersonate or falsely claim to represent a person or organisation;
(e) frame the Website without Potted Petite’s express written permission; or
(f) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet;
(g) collect or track the personal information of others;
(h) spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) interfere with or circumvent the security features of the Website, other websites, or the Internet;
(j) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
19. Privacy
Any personal information submitted by you to Potted Petites is subject to and will be handled in accordance with Potted Petite’s Privacy Policy. The Privacy Policy forms part of these Terms and can be found here (insert link). You agree that, by using the Website or communicating with Potted Petites, you have read the Privacy Policy, understood its contents and consented to its requirements.
20. Indemnity
20.1 By using the Website, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Website;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
20.2 This defence and indemnification obligation will survive these Terms and your use of the Website.
21. Limitation of liability
21.1 To the extent permitted by law, we exclude all liability for any loss or damage suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Website.
21.2 To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
22. Disclaimer
22.1 The Website is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Website or your access to the Website will be error free, that any defects will be corrected, that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Website will operate on a continuous basis or be available at any time.
22.2 While we endeavour to keep the Website and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images,
products, services, or related graphics contained on the Website for any purpose;
(b) Third Party Information; or
(c) Third Party Websites.
22.3 You read, use, and act on information contained on the Website, Third Party Information and/or Third Party Websites, strictly at your own risk.
23. Termination of your access to the Website
Potted Petites may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
24. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
25. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
26. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
27. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
28. Plant hire
Plant Hire provided by Potted Petites Indoor Plants includes the following terms and conditions:
a) Plant Hire services are available within Brisbane, Logan and Redland City.
b) All items must be returned in original condition.
c) Plants must be kept indoors.
d) Hirings fee is 25% of RRP value.
e) Plants and Pots can be collected from our Rochedale South shop or delivery is available with a fee.
f) Maximum hire is 3 days.
29. Contact information
If you have questions about the Website, these Terms or the Privacy Policy please contact us at [email protected] or use our online form.
Last updated: 01/12/22
