Terms of Use
These Terms of Use ("Terms") constitute a legally binding agreement between you and Boneanklevibrant governing your access to and use of the website boneanklevibrant.world and all services, content and features offered through it, including but not limited to the browsing and purchase of indoor plants and related products, delivery services, the use of our contact form, and the consumption of plant care information and other content. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not use our website or services. We recommend that you retain a copy of these Terms for your records.
Eligibility and account responsibility
You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our website and place orders. By using boneanklevibrant.world, you represent and warrant that you meet these requirements. You are responsible for maintaining the confidentiality of any account credentials (if applicable) and for all activities that occur under your use of the website. You must provide accurate, current and complete information when placing an order or submitting an enquiry, and you must promptly update us if your details change. We are not liable for any loss or damage arising from your failure to comply with these obligations.
Use of the website
You may use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the site. You agree that you will not:
- Use the website in any way that violates any applicable Australian or international law, regulation or code of conduct, or that is fraudulent, deceptive, defamatory, obscene, harassing or otherwise objectionable.
- Attempt to gain unauthorised access to our systems, servers, networks, databases or any other user's account or data, or to circumvent any security or authentication measures.
- Introduce or transmit any viruses, malware, trojans, worms, or other harmful or malicious code, or use the website in a way that could damage, disable or impair the site or our infrastructure.
- Use automated means (including bots, scrapers, crawlers or scripts) to collect content, data or information from the website without our prior written consent, or to create derivative works or compilations from our content.
- Use the website to send unsolicited commercial communications, spam or bulk messages, or to impersonate Boneanklevibrant or any other person or entity.
- Copy, reproduce, republish, upload, post, transmit, distribute or modify any part of the website or its content (including text, images, graphics, logos and layout) except as expressly permitted for personal, non-commercial use (e.g. printing a single copy of a page for your own reference).
We reserve the right to suspend or terminate your access to the website, refuse or cancel any order, or take any other action we deem appropriate, without prior notice, if we reasonably believe you have breached these Terms or have engaged in conduct that is harmful to us, our customers or third parties. Nothing in these Terms limits any rights we may have at law or in equity.
Products and product information
Our website offers indoor plants and related products (such as pots, soil or care accessories) for sale to customers in Australia. Product descriptions, images, care notes and prices are provided in good faith and are intended to give you a general understanding of the products we offer. We strive to ensure that the plants we dispatch match the description provided and are in healthy condition at the time of dispatch. However, live plants are natural products and may exhibit variation in leaf shape, size, colour or growth habit; such natural variation does not constitute a defect or a failure to match the description. Images on the website are for illustration purposes and may not reflect the exact appearance of every plant due to natural variation and photography conditions. All prices are displayed in Australian dollars (AUD) and include GST where applicable unless otherwise stated. We reserve the right to correct any pricing errors and to limit quantities. Product availability is subject to change; we will notify you if an item you have ordered becomes unavailable and will offer a refund or alternative where appropriate.
Orders and acceptance
When you submit an order through our website or by other agreed means, you are making an offer to purchase the selected products on these Terms. We reserve the right to accept or decline your order at our discretion. An order is not binding on us until we have sent you an order confirmation (by email or other means). We may refuse or cancel an order in circumstances including but not limited to: product unavailability, pricing or description error, suspected fraud or unauthorised use of a payment method, restriction on delivery to your area, or where we believe the order would breach these Terms or any applicable law. If we cancel an order after payment has been taken, we will refund the amount paid in accordance with our Return Policy.
Payment
Payment is due at the time of order unless we have agreed otherwise in writing. We accept payment by the methods specified on our website at checkout. You represent and warrant that you are authorised to use the payment method you provide and that all information you supply is accurate. We use secure payment processing and do not store full credit or debit card details on our own systems; card transactions are processed by accredited third-party payment providers in accordance with industry standards. If payment fails or is reversed (e.g. chargeback), we may suspend or cancel your order and pursue recovery of any amounts due. Prices and fees are as displayed at the time of order; we will not charge you more than the amount confirmed unless you have agreed to a change (e.g. additional delivery costs) or the error was obvious and unmistakeable and we correct it promptly.
Delivery and risk
Delivery terms, including timeframes, costs and eligible areas, are set out on our plant delivery page and may vary depending on your location within Australia and the size or nature of your order. We will use reasonable endeavours to deliver within the stated timeframes but do not guarantee delivery by a specific date unless we have expressly agreed otherwise. Risk in the products (including loss or damage) passes to you upon delivery to the address you specified, or upon collection by you from our premises if you have arranged collection. You are responsible for providing an accurate and complete delivery address and for ensuring that someone is available to receive the delivery where required (e.g. to avoid leaving plants in extreme weather). We are not liable for delay or failure to deliver where caused by circumstances beyond our reasonable control (e.g. severe weather, transport disruption, or force majeure). If delivery cannot be completed due to your failure to accept or collect the goods, we may charge you for redelivery or storage costs where reasonable.
Intellectual property
All content on this website, including but not limited to text, graphics, logos, images, photographs, illustrations, audio and video material, software, and the selection, arrangement and "look and feel" of the site, is owned by or licensed to Boneanklevibrant and is protected by Australian and international copyright, trade mark and other intellectual property laws. You may view and print a reasonable number of pages for your personal, non-commercial use only, provided you do not remove or alter any copyright, trade mark or other proprietary notices. You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, perform or transmit any part of the website or its content without our prior written permission. Unauthorised use may result in legal action. The name Boneanklevibrant and associated logos and marks are our trade marks; you may not use them without our written consent.
Disclaimer of warranties
Information on this website (including plant care tips, product descriptions and general advice) is provided for general guidance only. While we take care to ensure that the information we publish is accurate and up to date, we do not warrant or represent that the website or any content is complete, current, error-free or suitable for your particular purposes. Care advice (e.g. watering, light, humidity) may need to be adapted to your specific environment and conditions; we are not responsible for any loss or damage arising from your reliance on such information. The website and our services are provided "as is" and "as available". To the maximum extent permitted by law, we exclude all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or other right you may have under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.
Limitation of liability
To the fullest extent permitted by law, our liability to you in connection with the website, our products or services, or these Terms (whether in contract, tort, negligence, statute or otherwise) is limited as follows: (a) for any claim relating to goods supplied by us, our liability is limited to the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing or repairing the goods, or the refund of the purchase price, at our option, in accordance with the Australian Consumer Law; (b) for any other claim, our total liability is limited to the amount you paid to us for the relevant order or service in the twelve months preceding the claim. We are not liable for any indirect, incidental, special, consequential or punitive loss or damage (including loss of profits, data, goodwill or business opportunity) even if we have been advised of the possibility of such loss. These limitations apply except where liability cannot be excluded or limited by law.
Indemnity
You agree to indemnify and hold harmless Boneanklevibrant, its officers, employees, agents and affiliates from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of the website, your breach of these Terms, your violation of any law or the rights of a third party, or any content or information you submit or transmit through the website. This indemnity survives termination of your use of the website.
Third-party links and content
Our website may contain links to third-party websites (for example, mapping services, external resources or partner sites). These links are provided for your convenience only. We do not control, endorse or assume responsibility for the content, privacy practices or availability of any third-party site. Your use of linked sites is at your own risk and subject to the terms and policies of those sites. We encourage you to review the terms and privacy policy of any third-party site you visit.
Privacy and personal information
Your use of the website and our services is also governed by our Privacy Policy, which explains how we collect, use, store and disclose your personal information. By using boneanklevibrant.world, you consent to the collection and use of your information as described in the Privacy Policy. Please read the Privacy Policy carefully.
General provisions
These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia. Any dispute arising out of or in connection with these Terms or the website shall be subject to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Changes to these terms
We may update these Terms from time to time to reflect changes in our practices, the law, or the nature of our products and services. The current version will always be available on this page with an updated "Last updated" date. We encourage you to review these Terms periodically. Material changes may be brought to your attention by a notice on our website or by email where we have your contact details. Your continued use of the website or our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the website and our services.
Contact
For any questions about these Terms of Use, or for general enquiries about our indoor plants and services, please contact us via the contact page on boneanklevibrant.world or using the contact details published there. We will endeavour to respond to your enquiry within a reasonable time.
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