Terms & conditions
TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
THEJUNGLEPLANTCO.COM TERMS AND CONDITIONS OF SALE
These are the legal terms and conditions under which we supply the products (“Products”) listed on our website www.thejungleplantco.com (“our site”) to you. Please read these terms and conditions carefully before ordering any products from our site.
INFORMATION ABOUT US
1. www.thejungleplantco.com is operated by The Jungle Plant Co Pty Ltd (“We”). We are a company registered in Australia under ABN 86643351562 along with our business name. Our email address is firstname.lastname@example.org
1. Some restrictions are placed on the extent to which We accept orders from specific countries. We restrict orders to Australia.
1. You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us (for example, in Australia you must be at least 18 years old);
b) you are an authorised user of the credit or debit card or payment account (ie Paypal or Afterpay) used to pay for your order; and
c) are a resident in a country that we deliver to
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order, We will confirm this to you by sending an e-mail confirming the Product is being processed ready for dispatch, at which point the contract between us ("Contract") will be formed.
3. As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your product within 48 hours. Please read our refund page.
4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after one failed attempt We may end the Contract and clause 13 will apply.
3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4. You will own the Products once We have received payment in full.
5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in Australian Dollars.
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted.
3. We accept payment by debit card, Afterpay, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, American Express.
5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund any sums you have paid under the Contract and require the return of any Products provided to you.
8. As an alternative to using your rights under clause 8.1, you may wish to return an item using our returns service. For further information on returns please see our Returns Policy. The refund policy noted here contains the only possible conditions of return and refund.
YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
Your right for a refund comes only under our terms and conditions found here. You are only entitled to a refund if the plant is picked up within 5 days of email pickup confirmation and/or you have picked up the plant and asked for a refund within 48 hours. You will not receive a refund if the plant or item is damaged, dying or in any other condition that is not directly from The Jungle Plant Co’s handover procedure, which is for click and collect customers only. It is your responsibility to care for the plant in this case. Any advice given is general only and we do not accept damaged plants for refund or for any other exchange of goods or services.
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in our Returns policy here. If you believe the item is damaged, you must notify us within 24 hours of pickup or delivery. After this time you will not be supplied with any refund or return options.
OUR RIGHTS TO CANCEL THE CONTRACT
1.We may end the Contract at any time by writing if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
d) we find for any reason we deem fit that we do not wish to sell you the product
2. If We end the Contract in any of these situations, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of the broken Contract.
1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
4. We are liable to exchange the product only if you find the plant to be faulty within 48 hours of pick up, in which after this time we are not liable for.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
2. If an Event Outside Our Control takes place which affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract. It will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may not cancel a Contract affected by an Event Outside Our Control if it is outside the 48 hour pick up period.
4. An example of an Event Outside Our Control condition is that beyond the 48 hour pick up period, the plant you purchased starts to show signs of any damage or death. You are solely responsible for the care of your plant no matter what general advice is given.
INTELLECTUAL PROPERTY RIGHTS
1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved. This includes any items, photographs, or website-affiliated items.
OTHER IMPORTANT TERMS
1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
2. If We have to contact you, We will do so in writing or by telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
4. We may assign or transfer our rights and obligations under the Contract to another organisation. Except in cases where you pay using Afterpay, We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract. If you pay using Afterpay, we may assign to Afterpay Pty Ltd (ABN 151 693 429 47) our rights to collect payment for the Products from you without obtaining your consent and without any requirement to notify you of such assignment.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
9. Please note that these terms and conditions are governed by Australian law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Australian law. If you are not a resident in Australia then Australian law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of Australia, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of Australia.
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
2. If you have any complaints, these should be addressed in writing to The Jungle Plant Co Pty Ltd by email to firstname.lastname@example.org. or by post, 7 Solager Street Manoora QLD 4870.
3. If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution.
PROMOTION TERMS AND CONDITIONS
The Jungle Plant Co Pty Ltd promotion codes entitle you to an offer on your online order from www.thejungleplantco.com. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Automated promotions cannot be used in conjunction with any other promotion codes or offers. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of The Jungle Plant Co Pty Ltd and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on www.thejungleplantco.com for payments made by residents of Australia, where enabled only Australian Dollars.