Terms & Conditions

These Terms and Conditions apply to your use of this website and to any products purchased from The Orchid Patio. In these Terms, “we”, “us” and “our” refer to The Orchid Patio, and “you” refers to any person who accesses our website or purchases products from us.

By using this website or placing an order, you agree to be bound by these Terms, together with any policies referred to on this website, including our Privacy Policy, Shipping Policy and Returns Policy.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

You may use this website only for lawful purposes and in accordance with these Terms. You must not misuse the website, interfere with its security or operation, transmit malicious code, infringe intellectual property rights, or use the website or our products for any unlawful or unauthorised purpose.

By placing an order, you confirm that you are at least 18 years old or otherwise have the consent and supervision of a parent or guardian.

We may refuse access to the website, suspend use of the website, cancel an order or refuse service where we reasonably consider it necessary, including where there is suspected fraud, misuse, unlawful activity, reseller activity, pricing error, stock error or breach of these Terms.

All content on this website, including text, photographs, designs, branding, logos, product descriptions, graphics and layout, is owned or licensed by us and must not be copied, reproduced, distributed, modified or used for commercial purposes without our prior written consent.

We take reasonable care to ensure that product descriptions, images, prices and availability are accurate. However, errors, omissions or inaccuracies may occur. We reserve the right to correct errors and to update product information at any time, including after an order has been placed.

Prices are listed in Australian dollars and are inclusive of GST where applicable, unless otherwise stated. Shipping costs, taxes, duties or other charges may apply and will be displayed or notified before checkout where practicable.

Product availability is not guaranteed. If an item becomes unavailable after you place an order, we may contact you to offer a replacement, waitlist option, store credit or refund.

We may offer promotions, discounts, free shipping or other incentives from time to time. Unless otherwise stated, promotional offers are subject to availability, may not be combined with other offers, and may be varied, withdrawn or cancelled at our discretion, subject to applicable law.

Your order is accepted when we confirm acceptance or dispatch the product, whichever occurs first. We may cancel an order before acceptance if there is a genuine error, stock issue, payment issue or other reasonable basis for doing so. If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item.

You agree to provide accurate, complete and current billing, shipping and contact information. We are not responsible for delays or failed delivery caused by incorrect or incomplete details provided by you.

Live orchids and plants are natural products. They may vary in size, shape, colour, patterning, growth habit, leaf condition, root structure, maturity and flowering from the images shown on our website. Photographs are indicative only and may show a mature, flowering or representative example of the plant.

We do not guarantee that a plant will flower identically to a product photograph. Flowering may vary due to genetics, seasonal conditions, maturity, growing environment, supplier variation and post-delivery care.

Minor cosmetic imperfections, natural markings, old leaves, spent blooms, trimmed roots, minor blemishes or natural variation do not necessarily indicate that a plant is faulty.

Once delivered, live plants require appropriate care, including suitable light, watering, humidity, air movement, potting medium and temperature. We are not responsible for deterioration, failure to thrive or failure to flower caused by unsuitable care, environmental conditions, neglect, overwatering, underwatering, pests introduced after delivery, repotting, fertiliser misuse or other matters outside our control.

If you believe a live plant has arrived damaged, unhealthy or materially different from what was ordered, you should contact us as soon as possible after delivery with clear photographs of the plant, packaging and shipping label. Prompt notice helps us assess the issue, but nothing in this clause limits your rights under the Australian Consumer Law.

Our jewellery is described on the relevant product page. Products may include sterling silver, gold plating, rhodium plating, pearls, stones or other materials as specified. Because jewellery is handcrafted or finished in small batches, minor variations may occur between individual pieces.

Pearls, natural stones and organic forms may vary in colour, shape, lustre, surface texture and size. These variations are part of the character of the product and are not faults unless they amount to a failure under the Australian Consumer Law.

Plated jewellery may naturally fade, wear or lose colour over time, particularly with frequent use or exposure to moisture, perfume, cosmetics, sweat, chlorine, chemicals, abrasion or improper storage. Normal plating wear, tarnishing, scratches, bending, accidental damage, misuse, improper care, unauthorised repair or alteration are not manufacturing defects.

Our fine jewellery products include a one-year warranty against manufacturing defects from the date of purchase. This warranty covers manufacturing faults only and does not cover ordinary wear and tear, accidental damage, misuse, neglect, loss, theft, improper storage, exposure to chemicals, plating wear, changes caused by use, or alterations made by anyone other than us.

To make a warranty claim, contact us at info@theorchidpatio.com.au with your order number, proof of purchase, a description of the issue and clear photographs. We may require the product to be returned for assessment. Warranty claims are subject to inspection and assessment. If the claim is accepted, we may repair, replace or refund the product, depending on the nature of the fault and your rights under the Australian Consumer Law.

Our goods 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. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

We will use reasonable care in packing products for delivery. Live plants are packed with care, but they are sensitive to heat, cold, delays, handling and transit conditions.

Delivery timeframes are estimates only and may be affected by carrier delays, weather, public holidays, biosecurity requirements, incorrect delivery details, regional service limitations or events outside our reasonable control.

Risk in products passes to you when the products are delivered to the delivery address nominated in your order. If you authorise the parcel to be left unattended, risk passes when the parcel is left at the nominated address in accordance with that authority.

Subject to the Australian Consumer Law, we are not responsible for loss, theft, delay or deterioration occurring after delivery, including where a parcel is left unattended in accordance with your delivery instructions.

You are responsible for ensuring that your delivery address is correct and that someone is available to receive temperature-sensitive products where appropriate. Additional shipping charges may apply for redelivery, returned parcels or incorrect address details.

Your rights under the Australian Consumer Law apply in addition to any return, refund or warranty policy we provide.

If a product has a major failure, you may be entitled to reject the product and choose a refund or replacement, and you may also be entitled to compensation for any other reasonably foreseeable loss or damage. If a failure is not major, we may be entitled to remedy the issue within a reasonable time, including by repair, replacement or refund, depending on the circumstances.

We are not required to provide a refund or replacement merely because you changed your mind, selected the wrong product, no longer want the item, failed to read the product description, or did not follow care instructions, unless we choose to do so or are required by law.

For hygiene and product integrity reasons, earrings and other worn jewellery may not be eligible for change-of-mind returns. This does not affect your rights under the Australian Consumer Law if the product is faulty or otherwise fails to comply with a consumer guarantee.

For live plants, we may consider the condition of the plant on arrival, the time taken to notify us, photographs provided, weather conditions, delivery history and any care provided after delivery when assessing a claim.

Our website may contain links to third-party websites, applications, payment providers, shipping providers, social media platforms or other services. These third-party services are not controlled by us. We are not responsible for their content, policies, security, availability or conduct.

If you submit reviews, comments, photographs, feedback, testimonials or other content to us, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, edit, publish and display that content for our business, marketing and website purposes. You must not submit content that is unlawful, misleading, defamatory, offensive, infringing or in breach of any third-party rights.

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

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot be excluded under the Australian Consumer Law.

To the maximum extent permitted by law, we exclude all warranties, representations and guarantees not expressly set out in these Terms or imposed by law.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity, loss of data, loss of goodwill, or loss arising from your misuse of the website or products.

Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law, including, where permitted, replacement of goods, repair of goods, payment of the cost of replacing goods or payment of the cost of repairing goods.

You agree to indemnify us against any loss, liability, claim, damage, cost or expense arising from your breach of these Terms, misuse of the website, unlawful conduct, infringement of third-party rights or use of our products contrary to law or our instructions. This indemnity does not apply to the extent the loss is caused by our negligence, breach of law or breach of these Terms.

We are not liable for delay or failure to perform an obligation where that delay or failure is caused by events beyond our reasonable control, including carrier delays, severe weather, natural disasters, biosecurity restrictions, supply chain disruption, strikes, war, pandemic, government action, technical failure or network outage.

We may update these Terms from time to time by publishing the updated version on our website. The updated Terms apply from the date they are published, unless otherwise stated. Your continued use of the website after changes are published constitutes acceptance of the updated Terms.

We may suspend or terminate your access to the website if you breach these Terms or if we reasonably consider it necessary to protect our business, customers, systems or legal rights. Any rights or obligations that by their nature are intended to survive termination will continue.

If a dispute arises in connection with these Terms, the website or a product purchased from us, the parties agree to first attempt to resolve the dispute in good faith by contacting each other and providing reasonable details of the issue.

If the dispute is not resolved within 14 days, either party may propose mediation in New South Wales before an independent mediator agreed by the parties or, failing agreement, appointed by the President of the Law Society of New South Wales or their nominee. Unless otherwise agreed, the parties will share the mediator’s fees equally and bear their own costs.

Nothing in this dispute resolution clause prevents either party from seeking urgent interlocutory relief, commencing proceedings where a limitation period is about to expire, making a complaint to a regulator, seeking assistance from NSW Fair Trading, applying to a court or tribunal where permitted by law, or exercising rights under the Australian Consumer Law.

These Terms are governed by the laws of New South Wales, Australia. Subject to any rights you may have under the Australian Consumer Law, the courts of New South Wales and the Commonwealth courts of Australia have non-exclusive jurisdiction in relation to disputes arising under these Terms.

Questions about these Terms should be sent to:

The Orchid Patio
Email: info@theorchidpatio.com.au