TERMS AND CONDITIONS

 

OVERVIEW

This website is operated by J & S PLANT PICKERS ABN: 67882391911. Throughout the site, the terms “we”, “us” and “our” refer to J & S PLANT PICKERS. J & S PLANT PICKERS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at our discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

AUCTIONS

- All of the below still apply to Auctions however Auctions also have additional terms and conditions. Please go to our Auction Information and Terms page to find out more.

 

WAITLISTS/HOLDS/PLANT REQUESTS

- With such a high increase in requests and as we are still just a small team of 2 at the moment, unfortunately we do not have the capacity to take specific requests/enquiries for those not advertised, we also cannot give estimates on when certain plants will be available and apologies however we also cannot do waitlists or holds. The only plants available for sale are those that are advertised.

 

POSTAGE/SEND OFF

- All packages are posted via Express once a week on either a Monday or Tuesday to minimize transit time. Therefore will be posted the following Monday or Tuesday after purchase, we cannot send any other day of the week. Item must be purchased/paid for by Sunday 8:00am to be sent that coming Monday/Tuesday, if purchased after this time/day, your item will be sent the following Monday/Tuesday. (This is due to scheduling and packaging process e.g. packaging lists, printing of postage labels and packaging of plants.) All packages generally arrive within 2 – 5 days after being sent, but please bare in mind that this is subject to Australia Post and we cannot be held responsible for any delays. Tracking is generally uploaded between Saturday - Monday when we print the postage labels.

 

COMBINED POSTAGE

- We will try to combined all multiple purchases where able, however any orders that contain large quantities or sizes may have to be divided into multiple packages. 

 

PAYMENTS AND CHECKOUT

• Please note that we cannot accept Echeques via Paypal due to the 5 business day delay.
• All Items require immediate payment and are not secured until checkout has been finalized and payment has been made/received by us, please bare this in mind as it means that when an item is added to your cart it is not secured/guaranteed until payment has been made and can still be sold to someone else if it is in your cart. Items are not secured until payment has been received. 
• To go through to checkout immediately rather than adding to cart, either click on the Express button showing e.g. 'Buy with Paypal' or under that click on 'More payment options'
• For faster checkout, you can create an account on our website and save all of your postage details so that they pre-fill when checking out. Please make sure that you are logged into your account when checking out for this to work.

 

ADDRESS

- Please make sure that all of your postage details and information are correct prior to completing check out. We can only go off of the information provided and it is the customer's responsibility to ensure that all details are correct upon checkout. We send to the address provided and therefore if it is an incorrect address we cannot be held responsible. If an address is invalid the order will be cancelled/refunded and order forfeited. 

 

SPECIAL REQUESTS

- If you have any particular requests, have any questions or would like specific packaging/labelling please send us a message to enquire prior to purchasing any items. We may not be able to do particular requests and therefore needs to be checked prior to purchasing. 

 

HOW WILL MY PLANT BE SHIPPED

- We try to send all plants in their pots however there are sometimes those that contain multiple plants or pots too large to fit in a package, therefore may occasionally be sent bare-rooted. All plants are taped securely to the box and provided with extra stuffing (shredded newspaper/newspaper/paper towels) to avoid any movement and minimize risk of damage in transport. The products we use to send/protect your plant may vary depending on what we think will be most suitable for the plant, however we always package with the utmost of care. 

 

PLANTS IN PHOTOS 

- With some of our plants listed we may have multiple available of that one type/size/age and therefore the image attached may just be an example and not the actual plant you will be receiving. Please read the description in each item listed as we do state whether it is the actual plant for sale or just example. With those that we have multiple of, please bare in mind that the number of leaves on each plant may vary slightly however will be of the approximate age, health and size.

For individual listings, we upload multiple photos of the plant to show different angles and the sizing with a ruler. It is your responsibility to ensure you check all photos prior to purchasing and we will not be held responsible for failure to check images or descriptions. 

 

BLEMISHES

- Please bare in mind that plants do occasionally get the odd blemish here and there, this is the reality of plant growing. We do our best to display any blemishes in our photos however please note that we will not offer refunds for any small blemishes or small tears/marks in foliage as a result of postage. As living organisms plants are forever changing, and the quantity of leaves may change from time of photographing to time you receive it as they may produce a new leaf or lose an old one. The photos attached are what the plant looks like at time of photographing. Please also keep in mind that some plants do not cope with travel as well as others for e.g. caladiums, colocasias and some alocasias which can tend to droop when bare-rooted and put in a different environment. If your plant does suffer from any shock please give it time to recover and adapt to it's new environment.

 

REFUNDS/RETURNS

- Buyer satisfaction is of utmost importance to us and if we have made an error we will most definitely do our best to rectify so please don't hesitate in contacting us if you have any concerns. Please note though that we do not provide refunds for change of mind, plant dying whilst in your care, minor blemishes, shock, or delays/damages caused during postage. 

- Please note that any refunds agreed upon will require return of plant. 

- For any buyers going through concierge services please be aware that we are only responsible for the plant from us to the concierge service and cannot be held responsible for the plant afterwards or how it arrives to you as we cannot control how the plant is treated and packaged whilst in the care of the concierge service and because of the chemical treatments the plants go through.

 

QUARANTINE STATES (WA/NT/TAS)

- Unfortunately we are unable to send directly to quarantine states (WA/NT/TAS) due to quarantine restrictions, however can send via concierge with Paradise Distributors. Please note that this must be organised by buyer with the concierge service provider prior to purchase and delivery address must be updated accordingly.

- Unfortunately we are not able to send via concierge services that require plants to be bare-rooted as we send most of our plants in pots. 

- Please bare in mind that if you do choose for your plant to be sent via concierge that we are only responsible for the plant from us to the concierge service.

- Some plants may not be suitable for the quarantine process and it is the buyer's responsibility to research this and check with their concierge service provider. We will not be held responsible for any damage caused to plants through the quarantine process. 

- If you are in a quarantine state and are going through a concierge service however having trouble purchasing, please ensure your delivery address is updated to the concierge service before you checkout as the settings will not allow you to purchase with the WA/NT/TAS address in place.

 

OVERSEAS

- Apologies however we cannot send overseas

 

 

PLANT RESTRICTIONS

- Due to State Biosecurity Laws some plants may not be allowed to be shipped to certain states. Customers are responsible for checking which plants are allowed into their own state and we will not be held responsible for confiscation of any banned plant materials. 

 

REFUSAL OF SERVICE

- We reserve the right to refuse or terminate service to anyone at anytime without notice or explanation. 

 

GIFT CARDS/VOUCHERS

- Gift Cards/Vouchers may be purchased from our website and are only redeemable on this website. Gift Cards/Vouchers are valid for 12 months after purchase and are non-refundable. 

 

PASSWORDS AND LOGIN

- You are responsible for the confidentiality of your own account, password, login and any activity carried out on your account. 

 

TRADEMARKS/LOGOS

 The trademarks and logos contained on this Website are trademarks of J & S Plant Pickers. Use of these trademarks is strictly prohibited except with our express, written consent.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

- Prices for our products are subject to change without notice.

- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

THIRD-PARTY LINKS

- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ERRORS, INACCURACIES AND OMISSIONS

- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall J & S PLANT PICKERS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless J & S PLANT PICKERS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.


CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


 CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at cjfoliage@outlook.com.

 

Last Updated: 09/11/2023