OVERVIEW

This website is operated by The Orchid Patio. Throughout the site, the terms “we”, “us” and “our” refer to The Orchid Patio. The Orchid Patio 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 apply to all users of the site, including without limitation browsers, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the website or use any Services.

Any new features or tools added to the store will also be subject to these Terms. We reserve the right to update or replace any part of these Terms by posting changes to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence.

You must not use our products or Services for any unlawful or unauthorised purpose, nor may you violate any applicable laws, including intellectual property laws.

Any breach of these Terms may result in immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that content you submit, excluding payment information, may be transferred unencrypted over various networks. Payment information is always encrypted during transmission.

You must not reproduce, duplicate, copy, sell or exploit any part of the Service without express written permission from us.

Headings are for convenience only and do not affect interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Information on this site is provided for general information only. We do not guarantee that information is accurate, complete or current, and reliance on such material is at your own risk.

Historical information is provided for reference only. We reserve the right to modify content at any time without obligation to update it.

SECTION 4 – MODIFICATIONS TO SERVICE, PRICING, PROMOTIONS AND SHIPPING

Prices for our products are subject to change without notice.

We may modify or discontinue the Service, or any part of it, at any time without notice.

From time to time, we may offer promotions, discounts, free shipping or other incentives. These offers are provided at our discretion and may be withdrawn, varied or terminated at any time without notice unless otherwise stated or required by law.

SECTION 5 – PRODUCTS AND SERVICES

Live Orchids and Plants

Live plants are natural products and may vary in size, shape, colour and flowering from images displayed on our website. Photographs are indicative only.

We do not guarantee that a plant will flower identically to the image shown. Variations may occur due to genetics, growing conditions, supplier sources and post-delivery care. To the maximum extent permitted by law, we exclude liability for differences in flowering appearance that do not constitute a failure under the Australian Consumer Law.

Shipping Risk for Live Plants

Once an order has been dispatched, the risk of loss or damage in transit passes to the customer to the extent permitted by law. While we take reasonable care in packaging, we are not responsible for delays, loss or damage caused by third-party carriers, weather conditions or events beyond our control. This does not exclude your rights under the Australian Consumer Law.

Fine Jewellery

Our fine jewellery products are crafted from sterling silver and or plated with gold or rhodium, as described on the product page.

Fine jewellery purchases include a one-year warranty covering manufacturing faults only. This warranty does not cover normal wear and tear, accidental damage, misuse, improper storage, or alterations.

Plated jewellery may naturally fade, wear or lose colour over time, particularly with frequent use. Fading or loss of plating is not considered a manufacturing defect and is not covered under warranty unless assessed and confirmed by us as a fault.

All warranty claims are subject to assessment.

Australian Consumer Law

For Australian customers, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. These Terms operate in addition to, and do not exclude, your statutory rights.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed by resellers or distributors.

You agree to provide current, complete and accurate purchase and account information and to promptly update your details so we can complete transactions and contact you if required.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools provided “as is” and “as available” without warranties or conditions. Use of third-party tools is at your own risk.

SECTION 8 – THIRD-PARTY LINKS

Third-party links may direct you to websites not affiliated with us. We are not responsible for the content, accuracy or transactions conducted on third-party websites.

SECTION 9 – USER COMMENTS AND SUBMISSIONS

Any comments, feedback or submissions you provide may be used by us without restriction. We are under no obligation to maintain submissions in confidence or provide compensation.

You agree your submissions will not violate any third-party rights or applicable laws.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors, inaccuracies or omissions and to cancel orders if information is inaccurate, including after an order has been placed.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site or its content for unlawful purposes, to violate intellectual property rights, transmit malicious code, or interfere with the security of the Service.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law.

Except as required by law, all products and Services are provided “as is” and “as available”. To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential losses arising from use of the Service or products.

Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless The Orchid Patio from any claim arising from your breach of these Terms or violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

SECTION 16 – TERMINATION

These Terms remain effective unless terminated by you or us. Obligations incurred prior to termination survive termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us and supersede any prior agreements or communications.

SECTION 18 – GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

SECTION 19 – CHANGES TO TERMS

We reserve the right to update or replace these Terms at any time. Continued use of the website constitutes acceptance of any changes.

SECTION 20 – DISPUTE RESOLUTION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)

15.1 Good Faith Resolution
If a dispute arises between you and The Orchid Patio in connection with these Terms, the Service, or any product purchased through the website, the parties agree to first attempt to resolve the dispute in good faith through informal negotiations.

15.2 Mandatory Mediation
If the dispute cannot be resolved through informal discussions within 14 days, either party may refer the dispute to mediation. The parties agree that mediation is a mandatory first step before commencing any court proceedings, except where urgent interlocutory relief is required.

15.3 Mediation Process
The mediation shall be conducted in New South Wales by an independent mediator agreed upon by the parties, or if no agreement can be reached, appointed by the President of the Law Society of New South Wales or their nominee.
The costs of mediation shall be shared equally by the parties, unless otherwise agreed.

15.4 Court Proceedings
If the dispute is not resolved by mediation within a reasonable time, either party may commence legal proceedings in a court of competent jurisdiction in New South Wales.

15.5 Australian Consumer Law
Nothing in this clause limits or excludes any rights or remedies you may have under the Australian Consumer Law, including the right to seek relief from a court or tribunal where permitted by law.

SECTION 21 – CONTACT INFORMATION

Questions about these Terms should be sent to:
info@theorchidpatio.com.au