Terms Of Service

Terms of Service

Last Updated: 11th June 2023

Welcome to Melbourne Rare Plants (“We”, “Us”, “Our”, “Company”). This website, located at www.melbournerareplants.com.au (“Site”), is an Australian Indoor and Rare Plant retailer operated from within Australia.  Please read these Terms of Service (“Terms”) carefully as they govern your use of our Site and services.

  1. Acceptance of Terms

By using our Site, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree with these Terms, please do not use this Site.

  1. Eligibility

To make purchases on our Site, you must be at least 18 years of age and capable of forming a binding contract.

  1. User Accounts

To make a purchase, you may need to create an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your account and password.

  1. Prices and Payment

All prices are in Australian dollars (AUD) and include GST (Goods and Services Tax) unless otherwise stated. We accept AMEX, APPLE PAY, GOOGLE PAY, MASTERTCARD, PAYPAL, VISA. We reserve the right to change prices without notice.

  1. Shipping and Delivery

We ship to VIC, NSW, ACT, QLD & SA ONLY. Shipping costs will be specified at checkout. We are not responsible for delays outside of our control.

  1. Cancellations and Returns

Cancellations must be made before 11PM Saturday, as that’s when we begin packing plants for the post.  We do not offer cancellations or returns after this time.

  1. Product Descriptions

We endeavour to be as accurate as possible in our product descriptions, however, we do not warrant that they are accurate, complete, or error-free.

  1. Intellectual Property

All content on this Site, including text, graphics, logos, images, and software, is the property of Melbourne Rare Plants or its content suppliers and protected by Australian and international copyright laws.

  1. User Conduct

You agree not to use this Site for any unlawful purpose, to engage in any conduct that shall constitute a violation of these Terms or any laws or regulations.

  1. Limitation of Liability

To the extent permitted by law, Melbourne Rare Plants will not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Site.

  1. Indemnity

You agree to indemnify and hold harmless Melbourne Rare Plants, its directors, officers, employees, and agents from any claims, liabilities, damages, or costs due to your violation of these Terms.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia.

  1. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with the last updated date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

  1. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at melbournerareplants@gmail.com

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.

  1. Termination

We reserve the right to terminate your access to the Site and/or your account, without notice, for any reason, including but not limited to, breach of these Terms.

  1. Dispute Resolution

Any disputes arising out of or relating to these Terms, the Site, or our services shall be resolved through binding arbitration in Australia.

  1. Consumer Guarantees

Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under Australian Consumer Law or any other legislation which may not be excluded, restricted or modified by agreement.

  1. No Waiver

No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.

  1. Entire Agreement

These Terms, together with any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Melbourne Rare Plants concerning the use of the Site and our services.

  1. International Use

We make no representation that the products and services on our Site are appropriate or available for use outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

  1. Feedback

If you provide us with any comments, suggestions, or other feedback regarding the Site or services, you grant us the right to use such feedback for any purpose without restriction or compensation to you. 

  1. Force Majeure

We are not liable for any failure to perform any of our obligations under these Terms due to events beyond our control including, but not limited to, natural disasters, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power failures.