Terms of service

OVERVIEW

These Terms should be read together with our FAQ and any specific information displayed on a product listing or at checkout.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

SECTION 1 — OUR PLANTS

Plants are living products and natural variation should be expected. Individual plants may vary in leaf shape, colour, size, maturity and variegation.

Each product listing will indicate whether the photographs show the exact plant offered for sale or are representative of several similar plants. Where photographs are representative, the plant supplied will be of the listed variety but will not be identical to the photographs.

Where an exact plant is pictured, normal growth or minor changes may occur between photography and dispatch.

We take reasonable care to display plants accurately. However, colours may appear differently depending on the customer’s screen and device settings.

Minor movement of growing medium or minor cosmetic changes may occur during delivery. Whether any issue amounts to damage or a failure to meet a consumer guarantee will depend on its nature and extent and the reasonable characteristics of a living plant.

SECTION 2 — ORDERS

Placing an order constitutes an offer to purchase the products in the order.

We may decline an order before acceptance where, for example, a plant is unavailable, payment cannot be processed, the delivery address is outside our delivery area, fraud is reasonably suspected, or there is an obvious pricing or product-description error.

If we decline an order after payment has been processed, we will provide a full refund using the original payment method.

Please check your order carefully before checkout. If you request a change or cancellation, contact us as soon as possible. We will try to assist, but changes or cancellations cannot be guaranteed once fulfilment has commenced. Orders cannot be cancelled for change of mind after dispatch.

Each completed checkout is treated as a separate order. Separate orders cannot be combined after checkout, and we do not refund delivery charges because another order was placed separately. Customers wanting several plants delivered together should place them in the same cart before checkout.

Nothing in this section limits rights arising under the Australian Consumer Law.

SECTION 3 — PRICES AND DELIVERY CHARGES

All prices are stated in Australian dollars and include GST where applicable.

Delivery charges are additional to the product price and are displayed before checkout. Our current Victorian delivery charges are:

• One to three plants: $22

• Four or more plants: $44

The delivery charge shown and accepted at checkout applies to that order. Each separate checkout attracts its own delivery charge.

We may change prices or delivery charges for future orders without notice, but we will not increase the price of an accepted order without the customer’s agreement.

SECTION 4 — DELIVERY

We currently deliver plants only to addresses within Victoria. We may decline and refund an order placed for delivery outside this area.

We dispatch plants on selected weekdays to reduce unnecessary time in transit and the likelihood of plants being held at an Australia Post facility over a weekend.

Customers will receive tracking information after dispatch. Most Victorian orders arrive within approximately two business days after dispatch, but delivery times are estimates and are not guaranteed.

Delays can occur due to weather, carrier disruption and other events outside our reasonable control. This does not affect a customer’s rights where an order is not delivered or a plant arrives damaged or otherwise fails to meet a consumer guarantee.

Melbourne Rare Plants is responsible for raising and resolving delivery issues with Australia Post or any other carrier engaged by us. Customers may be asked to provide photographs or other reasonable information needed to investigate a missing or damaged delivery.

Customers must provide complete and accurate delivery information. If an error is reported before dispatch, we will try to correct it, but changes cannot be guaranteed once fulfilment has commenced or the parcel has been collected. We may require payment of reasonable additional delivery costs where redelivery is required because of incorrect information supplied by the customer.

SECTION 5 — ARRIVAL, DAMAGE AND RETURNS

Customers should open their parcel as soon as reasonably possible after delivery and carefully remove the protective packaging.

If a plant arrives significantly damaged, incorrect or materially different from its description, please contact us as soon as possible—preferably within 24 hours—and provide:

• the order number;

• photographs of the entire plant;

• close-up photographs of the issue;

• photographs of the packaging; and

• a photograph of the shipping label.

The 24-hour request helps us determine whether damage occurred during delivery. It is not intended to remove or shorten any rights under the Australian Consumer Law.

We are entitled to assess the plant and the available evidence before determining the appropriate remedy.

Where a plant has a major problem under the Australian Consumer Law, the customer may choose between a refund and a replacement, subject to the replacement being reasonably available. Other problems will be addressed using the remedy required by law. An agreed remedy may include a replacement, full refund, partial refund or another appropriate solution.

Please do not return a plant unless we ask you to do so. Where return costs are our responsibility under the Australian Consumer Law, we will pay or reimburse the reasonable cost.

Because plants are living and perishable products, we do not provide returns, exchanges or refunds where a customer simply changes their mind, orders the wrong plant or no longer wants the order.

This change-of-mind policy does not affect any rights where a plant fails to meet a consumer guarantee.

SECTION 6 — ERRORS AND INACCURACIES

We may correct typographical errors, inaccuracies or omissions on the website.

Where an error is identified before an order is accepted, we may decline the order and provide a full refund, or contact the customer and offer the opportunity to proceed using the corrected information.

We will not alter the price of an accepted order without the customer’s agreement. Nothing in this section limits any rights arising from an inaccurate or misleading product description.

SECTION 7 — CONSUMER GUARANTEES AND WEBSITE WARRANTIES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

These guarantees include that goods must be of acceptable quality, match their description and be fit for any purpose that the customer made known to us and that we agreed they would be suitable for.

Nothing in these Terms excludes, restricts or modifies these guarantees or any associated right or remedy.

Subject to those rights, we do not guarantee that access to the website will always be uninterrupted, secure or error-free.

SECTION 8 — LIABILITY

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability under the Australian Consumer Law.

Subject to applicable law, neither party is responsible for loss to the extent that it was caused by the other party’s unlawful conduct, negligence, misuse of a product or failure to take reasonable steps to reduce the loss.

This section does not exclude a customer’s right to recover reasonably foreseeable loss arising from a failure to comply with a consumer guarantee.

SECTION 9 — ENTIRE AGREEMENT

These Terms and the policies incorporated into them form the agreement concerning use of the website and purchases made through it.

Nothing in this section excludes rights arising from representations, consumer guarantees or other matters that cannot lawfully be excluded.

SECTION 10 — GOVERNING LAW

These Terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia.

The parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any right a customer may have to bring a claim in another jurisdiction under applicable law.

SECTION 11 — CHANGES TO THESE TERMS

We may update these Terms by publishing an updated version on our website.

Changes apply prospectively from the date shown on the updated Terms. Changes will not retrospectively alter the terms applying to an order already accepted unless the customer agrees or the change is required by law.

SECTION 12 — CONTACT INFORMATION

Melbourne Rare Plants 
Email: melbournerareplants@gmail.com