Terms and Conditions

 

Welcome to www.gotchaplants.com.au.  This Website and domain name are owned and operated by P B Zillmann and C Thuemling ABN 93 936 912 90 ('Gotcha Plants’).

The information contained on this website is a general guide only and by using our website and services offered on this site, you are agreeing to these terms and conditions. Whilst every effort is made to provide accurate information, no responsibility in anyway whatsoever is accepted by Gotcha Plants nor any employee for opinions expressed and information provided including any errors or omissions or information provided by links that are provided to other Internet sites.

By using this Website you are agreeing to the terms and conditions that follow.

Definitions:

Services: means the purchasing of plants and plant related goods.

Website: refers to https://gotchaplants.com.au

We/Us/Our refers to Alstonville Plants and any employees.

Intellectual Property

Gotcha Plants and the Gotcha Plants Logo are trademarks of P B Zillmann and C Thuemling. All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, photos, videos, products and services (Content) is owned by or licensed to P B Zillmann and C Thuemling. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trademarks for any purpose, other than with the prior written consent of P B Zillmann and C Thuemling, or as permitted by law. All rights of P B Zillmann and C Thuemling are reserved. Trademarks used on this website to describe third parties and their products are trademarks of those third parties.

Respectful Participation

Gotcha Plants does not tolerate online bullying, hate-speech or general nastiness. We will remove or refuse to publish any such comments, and we reserve the right to refuse or terminate service to anyone. You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations and you agree that you will interact and contribute in a respectful manner with staff, with the Website, and with any forums identifying Gotcha Plants.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order quantity and price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from transport delays or force majeure for which we will not be responsible. Any plants or other good supplied to you (the Buyer), remain the property of Gotcha Plants (the Seller), until full payment is received. The Seller can retake possession of the plants or goods at any time if full payment is not received. The Buyer however is not entitled to return the good unless written permission has been received from the Seller.

Our contract with you

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. You will also receive a call/email from us to confirm the order quantity and to discuss shipping options.  Once agreed you will receive an ORDER CONFIRMATION FROM US. An invoice will be raised for the amount shown in the order confirmation when your plants are ready to be shipped. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us. For our on-account customers this means we will honour our current agreed payment terms. For non-account customers this means when we have debited your credit or debit card.

Cancelations

ALL CANCELATONS POST ORDER CONFIRMATION must be in writing. Refund is at discretion of Seller and may occur a 100% administrative fee.

Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any plants which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. Where applicable, prices are exclusive of GST. The price of plants ordered is ex-warehouse. Transport from our warehouse to you is at your cost and risk and you are responsible for any and all transport costs. The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Plant Descriptions

In describing the plants available to purchase online, Gotcha Plants endeavours to be as accurate as possible. Pictures of stock are representative of stock that will be shipped, but Gotcha Plants does not warrant that plant descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered by Gotcha Plants is not as described, please contact us and we will endeavour to address any concern you may have.

Plant Selection Conditions

The plants we sell are living and subsequently may vary to the photo provided. All efforts are made to choose healthy plants of a similar size to those pictured. In the unlikely event we are unable to supply a plant we will remove it from your order and refund it back to your payment method. We will notify you if that happens. You will receive notifications on purchase, and on dispatch. We will not substitute plants unless by prior instruction.

Plant Shipping

Transport from our warehouse to you is at your cost and risk and you are responsible for all transport costs. We are happy to work with you and your shipping company to arrange shipping in conjunction with you. However, once a plant has been placed with your shipper, we are no longer responsible for the treatment of that plant. By purchasing a plant, you are acknowledging that there is risk involved in shipping, that you are willing to accept the risk and that risk passes to you upon our delivery of the plants to the shipping company. Plants are typically dispatched on a Monday through Thursday.

Quarantine States

Western Australia, Northern Territories and Tasmanian States have different biosecurity laws that make it more difficult to successfully ship live plants to those States. At this time, Gotcha Plants does not ship to these States. Gotcha Plants does not ship plants outside of Australia.

Payment

For our credit customers payment terms are strictly nett 28 days from invoice unless otherwise agreed in writing between the Gotcha Plants and you. Please pay on invoice as no statements will be provided. 

For any queries please contact us at sales@gotchaplants.com.au. For non-credit customers payment terms are strictly cash prior to shipment and confirmation of your order will only occur once payment is made. The Seller retains the right to reallocate products to another customer if payment is not made.

Privacy

Gotcha Plants will not sell your data. We require visitors and purchasers to provide us with their contact information such as their name and email address and demographic information including delivery address and postcode. We also collect visitor's financial information that is used to process the payment for the plant orders. We use up-to-date industry standard encryption security for our credit card transactions and the data is not retained. 

Indemnity

You agree to indemnify Gotcha Plants and the officers and employees of Gotcha Plants in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.