T&Cs
1. General
1.1 The Site is a shopping website provided by Frond Plant Supply Co where you can browse, select and purchase products sold by Frond Plant Supply Co.
1.2 Your access to and use of the Site, including your orders and purchases of Products through the Site, is governed by these terms and conditions.
2. Compliance
2.1 By using the Site to browse, select and purchase Products, you agree with us to be bound by, and comply with, these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2.3 You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise, neither the Site nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent.
3. Your Account
3.1 You: must ensure that only authorised users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
must notify us through our contact form if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
must promptly advise us of any changes to your information provided to us as part of the customer registration process;
are responsible and liable for any person that uses your login and password to order Product(s) through the Site; and agree that we may charge you for all Products that have been ordered using your login and password through the Site.
4. Your Orders
4.1 You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you, in the case of Frond Plant Supply Co Products, to us, to purchase the particular Product for the price notified (including delivery and other charges, fees and taxes) at the time you place the order, on the terms and conditions set out in these Frond Plant Supply Co Terms and Conditions.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
5. Order Cancellation
5.1 In certain circumstances, your order may be cancelled, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2 Each order placed for Frond Plant Supply Co Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Frond Plant Supply Co Products. For each order accepted by us, we will:
supply the Frond Plant Supply Co Products in that order to you in accordance with these terms and conditions; and
send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add hello@frondplantsupply.co to your contact address book to ensure emails are not sent to SPAM or blocked by your firewall
5.3 If we cancel an order for Frond Plant Supply Co Products placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.4 We may cancel any part of an order for Frond Plant Supply Co Products (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Frond Plant Supply Co Products in that order are not available; or
there is an error in the price or the product description posted on the Site for the Frond Plant Supply Co Product; or
your order has been placed in breach of these terms and conditions; or
the Frond Plant Supply Co Product(s) in that order have been recalled.
5.5 If we cancel any part of an order in accordance with:
Clause 5.4(a) where the Frond Plant Supply Co Product is unavailable, or Clause 5.4 (b) there is a pricing or product description error, or Clause 5.4 (d) where the Frond Plant Supply Co Product has been recalled, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the order. If any payment has been taken, then: (i) for a wholly cancelled order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled order, the amount paid in respect of cancelled Frond Plant Supply Co Products,
Clause 5.4(c) where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made may apply. If any payment has been made in excess of $25, we will refund that excess amount to your original payment method or through an alternative means.
6. Delivery
6.1 We will only deliver Frond Plant Supply Co Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your order. We only deliver to addresses in Australia, and our plants can only be delivered to metro areas of non-quarantine states.
6.2 You may obtain further information on the Site about our delivery timeframes and how we deliver certain Frond Plant Supply Co Products. The Delivery Fee for your order can depend on the type of product you order and your location
6.3 We will make every attempt to deliver Frond Plant Supply Co Products by the estimated delivery timeframe, however, we will not be liable to you or any other person for any delay. Where possible, we will provide you with tracking information from our delivery partners.
6.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
6.5 Our delivery partners will obtain a signature from the receiver when possible. If the receiver is unavailable they will leave the parcel in a safe place at the delivery address if available. If no one is present to accept delivery and a safe space is available, you: accept the risk of theft or loss of the Frond Plant Supply Co Product from the time it is delivered; and
acknowledge that, notwithstanding your authorisation, the person delivering the Frond Plant Supply Co Product has discretion whether to leave the Frond Plant Supply Co Product at the address.
6.6 You: acknowledge and agree that any person at the Delivery Address who receives the Frond Plant Supply Co Products is authorised by you to receive your order.
7. Prices, Fees and Charges
7.1 We will charge you, and you agree to pay the purchase price of each Product that is ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions.
7.2 All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your order.
7.3 Frond Plant Supply Co will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of Frond Plant Supply Co.
7.4 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
8. Payment methods
8.1 You may pay the fees and charges for an accepted order with any of the following payment methods and such other payment methods as specified on the Site from time to time:
Visa;
Mastercard;
Debit cards displaying a Visa or Mastercard logo; and
Paypal
8.2 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card or PayPal payment) for an order that has been accepted by us, then we may cancel your order.
8.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.
8.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
8.5 We will provide you with a receipt which specifies the total fees and charges for the Products in the order.
9. Damaged Products and returns
9.1 The Frond Plant Supply Co Online Returns Policy applies to all purchases of Frond Plant Supply Co Products using the Site, and forms part of these terms and conditions. If you suspect that a Frond Plant Supply Co Product is damaged on delivery, then you should refuse to take receipt of that Frond Plant Supply Co Product and notify us by emailing hello@frondplantsupply.co
9.2 If you consider that a Product was delivered to you in a damaged or defective condition, you should contact Frond Plant Supply by emailing hello@frondplantsupply.co
10. Liability
10.1 Frond Plant Supply Co Products sold on this Site 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
10.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantee provisions of the Australian Consumer Law in relation to the sale of Frond Plant Supply Co Products or our liabilities under those provisions:
you acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
we will not be liable to you for Indirect Loss arising from or connected to this agreement in contract, tort, under any statute or otherwise unless such loss arises as a result of our own negligence or willful misconduct; and
any advise on the safety of plants should be taken as a guide only and cannot be relied on as healthcare or veterinary advice.
10.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
11. Termination
11.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and: the breach cannot be remedied; or
you fail to remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency.
11.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products.
11.3 You may cancel your account at any time for any reason provided that:
any outstanding matters are resolved (such as a suspension on your account); and you have paid all outstanding amounts owed by you.
12. Provision
12.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
12.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
12.3 You alone, and not Frond Plant Supply Co, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.
13. Intellectual Property
13.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law. Nothing in these terms and conditions will constitute any license of intellectual property rights to you.
13.2 You:
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the Site without our prior written consent;
must not frame or embed in another website any of the material appearing on the Site without our prior written consent;
may store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and
may print hard copies of the content for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
13.3 You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related companies without our prior written consent.
14. Risk of Loss
14.1 Risk and title to Frond Plant Supply Co Products passes to you on the date and time of delivery by us or our nominee to the delivery address.
15. Product Descriptions
15.1 We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided by our suppliers, including in relation to Product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.
16. Product Promotions and Discounts
16.1 Any prices listed as part of a promotion, offer or discount are:
valid for a limited time only or while stocks last or as otherwise stated;
applicable to selected Frond Plant Supply Co Products only, as shown on the Site;
not able to be applied in conjunction with any other promotion, offer or discount; and
excludes Clearance or SALE items unless otherwise stated.
16.2 Any promotional codes given that are not automatically applied to Frond Plant Supply Co Products on the Site are strictly limited to one use per customer unless otherwise stated.
16.3 When available, as decided by Frond Plant Supply Co, the Free Local Delivery offer is available to deliveries to Coogee, Maroubra, Malabar, Chifley, Little Bay, Matraville, La Perouse, Botany, Daceyville & Kingsford, NSW only.
17. Online competitions
17.1 Any competition promoted by or on behalf of Frond Plant Supply Co is open to residents of Australia aged 18 years and over.
17.2 There is no entry fee and no purchase necessary to enter this competition.
17.3 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
17.4 The route to entry for the competition and details of how to enter is via the Frond Plant Supply Co Instagram page.
17.5 No responsibility can be accepted for entries not received for whatever reason.
17.6 Any gift card prize must be redeemed within 3 years from creation.
17.7 The Promoter, including but not limited to Frond Plant Supply Co, reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
17.8 The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
17.9 The Promoter’s decision in respect of all matters to do with the competition will be final.
17.10 By entering into any competition run by Frond Plant Supply Co, an entrant is indicating his/her agreement to be bound by these terms and conditions and the terms and conditions of Frond Plant Supply Co in general located at https://frondplantsupply.co/pages/terms_and_conditions
17.11 The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of NSW.
17.12 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
17.13 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to us and not to any other party.
18. Definitions
Capitalised terms used are defined in these terms and conditions. In these terms:
18.1 Frond Plant Supply Co Online Returns Policy means the returns policy detailed at frondplantsupply.co
18.2 Frond Plant Supply Co Product means any product offered for sale by Frond Plant Supply Co on the Site.
18.3 Classification Board means the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cth).
18.4 Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
18.5 Delivery Fee means the delivery fee notified to you at the time you place your order.
18.6 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
18.7 Indirect Loss means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss or corruption of data, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
18.8 Intellectual Property means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
18.9 Product means each good or service that is advertised on the Site.
18.10 Site means the shopping site operated by Frond Plant Supply Co.
18.11 Promoter means Frond Plant Supply Co or any other party promoting the a competition on behalf of Frond Plant Supply Co.