Terms & Conditions

This website (Site) is operated by Natures Colours Nursery (Natures Colours Plants & Gifts) ABN 79 946 747 096 (we, our or us). It is available at: www.naturescolours.com.au

Consent

By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Pricing

All prices on our Site are displayed in Australian dollars and you will be charged in Australian dollars. Pricing is subject to change without prior notice.

Products and Orders

The descriptions and images of products on our Site are a representation only and are not to be taken literally or compared with. Variations may occur from time to time due to seasonal changes – for example plants not in flower as shown, height or size of plants, colours of plants (unless specified), plants losing leaves in winter or simply growing much slower. As we are dealing with live products, there are many factors involved with the survival and performance respectively.

Whilst we try to make every effort to ensure that all our products are aligned with the product images and descriptions on our Site, certain products are subject to seasonal availability. In the event that they are unavailable, we will substitute with a similar product or variety of equal or higher value. Should this occur we may notify you prior to the order being dispatched.

We reserve the right, in our sole discretion, to cancel or not process any order placed on our Site if the price or other description information was an error. Should this occur we will notify you by email.

We can offer no Warranty or Guarantee including but not limited to the growth performance and sustainability of any product as we are dealing with live products.

Plant care, advice and tips on our Site are to be taken only as a guide.

Delivery

We deliver to the Sydney metro only.

Our standard delivery service for Living Gift Plants is next business day. Orders must be placed before 5pm and selected “Yes, this a gift” to ensure next business day delivery.

Heavy or multiple items will take 1-3 business days. Some orders may take longer to be dispatched as we require time to pick and prepare your plants. We will notify you if there is a delay in the delivery of your order.

The same-day delivery service is available for selected plants in the Same-Day Delivery category only. You must select same-day delivery option at checkout, and place your order by 10am to ensure same-day delivery. Same-day delivery service is available from Monday to Friday. If the same-day delivery option (at checkout) is not available, standard delivery service will apply. We reserve the right, in our sole discretion, to cancel or not process any order placed on our Site due to unforeseen circumstances.

Our couriers have set an efficient route based on their deliveries on the day; therefore, we are unable to specify an exact time for delivery.

It is the customer’s responsibility to enter the correct ordering and delivery details when placing an order. We cannot be held responsible for undeliverable or wrongly delivered orders resulting from incorrect details provided by you. Additional charges will apply for re-delivery.

If no one is available to receive the order, we will leave it at the premises if deemed safe unless you have specifically requested for it not to be left unattended. Additional charges will apply for re-delivery.

If the delivery address is an apartment or unit, the customer is responsible for providing a contact number, any delivery instructions and ensuring that someone will be available on the day to receive the order. If no one is available to receive the order, we will leave it at the premises if deemed safe but if we are unable to gain access to the building, the order will be returned to us. Additional charges will apply for re-delivery.

Once your order has been delivered to a concierge, reception, mailroom or front desk at the address specified we cannot be held responsible for the order getting to the recipient.

Customer must notify us within 24 hours of delivery for any claim including missing products or quality issues. Plants must be unpacked, checked and watered (if needed) on delivery or within 24 hours of delivery. Occasionally, plants may look a little tired after their journey, especially in hot weather, but they will soon bounce back once they are unwrapped and watered.

Cancellations, Refunds and Returns

Please contact us as soon as possible if you want to cancel your order. Orders that are already dispatched cannot be cancelled or refunded.

In the case of you not being satisfied with the product/s, please contact us within 24 hours of delivery time. We reserve the right to request photos of the product/s and more information for assessment. It is at our discretion to determine whether a replacement or full or partial refund (eg. minus delivery fee) will be issued.

Online Gift Card

Online Gift Card means an electronic card that has prepaid currency loaded onto it to be spent on our Site.

  • Online Gift Card must be redeemed only at Natures Colours Plants & Gifts.
  • The value of the Online Gift Card includes GST.
  • Online Gift Card is not redeemable for cash and cannot be used to purchase other Online Gift Cards or other tender. Cannot be exchanged.
  • Online Gift Card will expire 12 months from the date of issue.
  • If purchase exceeds the Online Gift Card amount, the balance must be paid by other available payment options.
  • Online Gift Card must be redeemed within the validity period.
  • Expired Online Gift Card is not redeemable, and the amount will not be refunded or credited when expired.
  • Altered, lost or stolen Online Gift Card will not be replaced, refunded or redeemed.
  • We do not accept any responsibility for lost Online Gift Card.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
  • using our Site to defame, harass, threaten, menace or offend any person
  • interfering with any user using our Site
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
  • using our Site to send unsolicited email messages
  • facilitating or assisting a third party to do any of the above acts

No commercial use

Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • copy or use, in whole or in part, any Content
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
  • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
  • access will be uninterrupted, error-free or free from viruses
  • our Site will be secure

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Natures Colours Nursery (Natures Colours Plants & Gifts) ABN 79 946 747 096

Email: [email protected]

Last update: 29 September 2019