Term and Conditions

1. Acceptance of Terms

By accessing and using gardens-plants.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and our Shipping & Returns Policy. If you do not agree with any part of these terms, please refrain from using our Site.

2. User Obligations and Responsibilities

As a user of our Site, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use the Site only for lawful purposes and in accordance with these Terms
• Not use our Site to engage in any fraudulent or misleading activities
• Comply with all applicable laws and regulations in your jurisdiction regarding plant importation, if applicable

3. Products and Services Description

Foliage Flair Shop specializes in providing a diverse range of plants and gardening products, including but not limited to:

• Australian Native Plants and specialty varieties like Callistemon (bottlebrush) and Correa
• Plants for specific conditions including acid soils, clay soils, and coastal environments
• Specialized categories including air-cleaning plants, black and dark foliage plants, bonsai, bromeliads, and bulbs
• Gardening supplies including compost, potting mixes, fertilisers, and soil improvers

We make every effort to display our products as accurately as possible, but please note that the actual colors and appearances may vary depending on your device’s display and natural variations in plants.

All plants are shipped from our Tasmanian nursery with appropriate care instructions to help ensure their health upon arrival.

4. Orders and Payment Terms

Order Process:

When you place an order through our Site, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud detection systems.

Pricing:

All prices are listed in Australian Dollars (AUD) and include GST where applicable. We reserve the right to change prices at any time without notice, but such changes will not affect orders already accepted.

Payment Methods:

We accept the following secure payment methods:

• Visa
• MasterCard
• JCB
• PayPal

Payment is processed at the time of order placement. By providing payment information, you represent that you are authorized to use the payment method.

Order Confirmation:

After placing an order, you will receive an email confirmation acknowledging receipt of your order. This constitutes acceptance of your order but does not form a contract until we dispatch your products.

5. Shipping and Delivery

We ship globally with some restrictions (currently unable to deliver to parts of Asia and some remote regions).

Orders are processed within 1-2 business days from our Tasmanian nursery.

We offer two shipping options:

• Standard Shipping: Shipped via DHL or FedEx with delivery within 10-15 business days after dispatch. A flat fee of $12.95 applies.
• Free Shipping: Available for orders over $50, shipped via EMS with delivery within 15-25 business days after dispatch.

Delivery times are estimates and not guaranteed, as they may be affected by factors beyond our control such as customs processing, weather conditions, or transport delays.

You are responsible for any import duties, taxes, or customs clearance fees that may apply in your country.

6. Returns and Refunds

We stand by the quality of our plants and want you to be completely satisfied. Our returns policy is designed to be fair while accounting for the delicate nature of our products.

Returns Period:

We accept returns and exchanges within 15 days of your order’s delivery date.

Non-Returnable Items:

Due to the perishable nature of our products and for health and safety reasons, we cannot accept returns on:

• Plants removed from their original container
• Plants showing signs of disease or pest infestation not present at shipment
• Bulbs that have been planted or opened from original packaging
• Compost, potting mixes, fertilisers, and soil improvers (for hygiene reasons)
• Plants that have perished due to improper care or unsuitable growing conditions

Return Process:

To initiate a return, please email us at [email protected] within 15 days of receiving your order, including your order number and reason for return. Our team will review your request and provide instructions if approved.

Refunds:

Approved refunds will be processed to your original payment method within 5-7 business days for credit/debit cards or 3-5 business days for PayPal. Original shipping costs are non-refundable unless the return resulted from our error.

Damaged or Incorrect Items:

If your plants arrive damaged or you receive incorrect items, contact us immediately at [email protected] with your order number and photos. We will arrange for replacement or refund without requiring return shipment.

7. Intellectual Property

All content on this Site, including text, graphics, logos, images, photographs, and product descriptions, is the property of Foliage Flair Shop or our content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, modify, display, prepare derivative works of, or otherwise use any content from this Site without our prior written consent.

The Foliage Flair Shop name and logo are trademarks of our company. You may not use these marks without our prior written permission.

8. Limitation of Liability

To the fullest extent permitted by law, Foliage Flair Shop shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Your use of or inability to use our Site or services
• Any products purchased through our Site
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on our Site
• Any other matter relating to our Site or services

Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the amount you paid for the products that are the subject of the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by applicable law, including liability for death or personal injury caused by our negligence or for fraud.

9. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of Tasmania, Australia. Any disputes arising from these Terms or your use of our Site shall be subject to the exclusive jurisdiction of the courts of Tasmania.

We encourage you to contact us first at [email protected] with any concerns, as we are committed to resolving disputes amicably.

10. Changes to Terms and Conditions

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of the modified Terms.

We will indicate the date of the last update at the top of this document.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Email: [email protected]
Postal Address: Foliage Flair Shop, 90 Springhill Bottom Road, LOWER BARRINGTON, AU 7306

We typically respond to all enquiries within 1-2 business days.