Terms & Conditions
Terms of Web Site Use and Disclaimer
These Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with Australian law. Use of the Online Plants website automatically affirms you agree with these terms and conditions.
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2014 onlineplants Haystack Plants Pty Ltd ALL RIGHTS RESERVED. Any use of materials on this site, including reproduction for purposes, modification, distribution, or republication, without prior written permission of the company is strictly prohibited.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation on Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that the company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
As a customer of online plants, you are automatically added to our mailing list. You can unsubscribe from our e-news letters and retain your customer account if you wish.
Not all plants will become available in the future. For many reasons such as poor propagation outcomes, environmental conditions and plant popularity. Occasionally plants will be listed as out of stock, however they may never be grown again. Onlineplants gives no guarantee that because you previously purchased a plant variety, that variety will continue to be available in the future.
Extends as far as all plants shall be healthy and still ‘alive’ or capable of growing for a period of 3 months from purchase. Our guarantee is not applicable in extreme weather conditions, such as extreme heat, drought or flooding. Our guarantee does not cover poor planting and watering techniques, and shall be granted only at Onlineplants discretion.
No guarantee exists as to the cultural behavior of plants, all advice is advice only, not all plants will follow their cultural specifications. In the event of plant replacement, Online plants may elect to replace or refund the plant purchase. Replacement plants may not necessarily match the size of prior stock. Delivery costs of replacement plants shall be at buyers expense.
No guarantee is given in that a plant can alternately be a sub species of a species. Whilst all expert care and knowledge is used when selecting plants, occasionally and very rarely the species may be slightly different from the species ordered.
No guarantee is given to the actual size of plants in their pot. If a size is quoted it is accurate only for that particular order.
In extreme cases of freight urgency, Online Plants may have to substitute larger or smaller plants without notification. We will always refund the difference in any alteration to pot size.
All care is taken in the selection of plants to be true to type. However, occasionally plants from the same genus can be confused with differing common names and sub-species names. In this instance, if you wish to return plants, we will only accept returned stock prior to planting. Once you have planted your onlineplants you accept the plants as they are. We will not accept return of plants longer than 2 weeks from purchase. We will not accept return of plants if they have been planted out. Plants will be returned at purchasers expense. No claims for purchasers freight costs will be recognized.
Purchasing and Delivery:
All delivery information regarding your order, must be included in your shopping cart comments. Delivery instructions, cancellations or any other requirements cannot be altered once your order has been processed and dispatched.
Our couriers are advised to deliver plants to the most accessible, secure and shaded position available. If no such area is available, and our couriers are only able to leave in a public area. Then we accept no responsibility for their loss or theft. We strongly advise against purchasing from Online Plants if you do not have a secure, private area for delivery.
Plant returns for refunds are to our depot only. Plants must be returned in as close to original condition as possible before refunds are processed.
47 Banks Road
Eltham North 3095
On extreme rare occasions, Online Plants reserves the right to refuse service and supply of plants.
Terms and conditions are liable to change without notice, and using the onlineplants website is not permitted unless you agree to these terms.