TERMS & CONDITIONS

DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:
“Seller” means HAUS OF HIGGS (ABN 94749841391).
“Customer” means the person(s) (including a body corporate) who orders the Products from the Seller (and including any person acting on behalf and with the authority of the Customer);

“Price” means the price payable by the Customer to the Seller for the Products;
“Products” means goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of services such as the provision of advice or recommendations) and are as described on the invoices, quotation, work authorisation or any other forms provided by the Seller to the Customer;
“Terms and Conditions” means the terms and conditions of sale set out in this document.

 

ACCEPTANCE OF TERMS 

The Customer accepts and agrees to be bound by these Terms and Conditions by submitting an order to the Seller for the supply of Products and/or the by accepting Products supplied by the Seller. 

 

PAYMENT

All prices listed on this site are in Australian dollars and are subject to change without notice. The Seller reserves the right to make changes to prices, products, product availability, policies and terms at any given time. 

The Seller accepts the following payment methods: Credit/Debit Card, PayPal and Afterpay*. All payments options are securely processed via the respective third-parties: eWay for credit and debit cards, PayPal for PayPal payments, and Afterpay for Afterpay payments. For Credit/Debit card payments, the Seller accepts Visa, MasterCard and American Express only.

For any custom Products or for Products procured at the direction of the Customer, the Price for the Products shall be the price indicated on invoices provided by the Seller to the Customer. The Seller reserves the right to change the quoted Price in the event that the Customer’s order is varied. At the Seller’s sole discretion, the Customer may be required to pay a deposit on the Price. The due date for the payment of the Price will be the date specified in the written quotation, work authorisation or other form provided by the Seller to the Customer. 

 

DELIVERY

The Seller will delivery all Products via Sendle, Australia Post or private courier. The Seller will process all Product orders between 9am – 5pm AEST, Monday to Friday. The Seller may take 24 – 72 hours to process all Product orders. Any Product orders placed on weekends and public holidays will be processed on the following business day. The Seller will calculate and notify the Customer of delivery chargers during checkout. Once a Product order has been dispatched, it is the purchasers responsibility. In the unlikely event that an order is misplaced or lost during delivery, it is the Customer’s responsibility to contact the Seller and liaise with Australia Post. 

Full delivery terms and delivery times are outlined in the Seller’s Shipping Policy. 

 
RETURNS/REFUNDS

The Seller may (in its sole discretion) accept the return of Products that are not defective, but only if:
(a) the Customer requests the return in writing within fourteen (14) days of delivery;
(b) the Products are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances; and
(c) the Customer provides proof of purchase if requested;
(d) the Products are returned at the Customer’s cost within fourteen (14) days of the delivery date;

The Seller will accept the return of Products that are defective or faulty. The Seller reserves the right to inspect the Product before accepting the Product. In the case of defective or faulty Products, the Seller will refund the Customer the value of the defective or faulty Products less shipping costs. The warranties set out in this clause shall not cover any defect or damage which may be caused or partly caused by or arise through:
(a) failure on the part of the Customer to properly maintain any Products; or
(b) failure on the part of the Customer to follow any instructions or guidelines provided by the Seller; or
(c) the continued use of any Products after any defect becomes apparent or would have become apparent to a user; or
(d) fair wear and tear;

Product procured and supplied by the Seller at the specific request of a Customer will not be accepted for return. Any Product that has been returned to sender due to the Customer not paying quarantine fees will not be return nor will the value of the Product be refunded.

Full return/refund terms and conditions are outlined in the Seller’s Returns Policy.

 
STORE CREDIT

The Seller may offer the Customer a store credit in lieu of a ‘change of mind’ return refund. The Seller’s store credit is valid for twelve (12) months after the date of issue. The Seller’s store credit is not valid in conjunction with any other voucher, sale or promotional offer and discount codes cannot be applied to previous or existing orders

 

DISCOUNT CODES

The Seller may offer the Customer discount codes to be used during payment. The Seller’s discount codes are not valid in conjunction with any other voucher, sale or promotional offer and discount codes cannot be applied to previous or existing orders

 
CANCELLATION

The Seller may reject any order for Products and/or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Customer and on giving such notice the Seller shall:
(a) repay any sums paid in respect of the Price and/or GST; and
(b) not be liable to the Customer for any loss or damage howsoever arising from such cancellation.

In the event that the Customer cancels an order and/or delivery of Products:
(a) the Seller may retain any deposit paid by the Customer in respect of the Products; and
(b) the Customer shall be liable to the Seller for any additional losses incurred by the Seller as a result of the cancellation (including, but not limited to, delivery costs, storage costs and any loss of profits).

 

QUARANTINE FEES

Any and all quarantine fees are the responsibility of the Customer. The onus of responsibility is on the Customer to abide by any state or local quarantine regulations. The Seller will not accept any returned plants (Product) or process any refund if the Customer has ignored this responsibility and in this situation the Customer will also forfeit the plant (Product).

 

INTELLECTUAL PROPERTY

All content, information, graphics and website design are the property of the Seller and are not to be used or reproduced without the consent of the Seller. 

 

LIMITATION OF LIABILITY

The Customer acknowledges that the Products are bought relying solely upon the Customer’s skill and judgement. Any advice, recommendations, information, assistance or service provided by the Seller to the Customer in relation to the Products sold or their use or application is provided in good faith and the Seller believes such advice to be appropriate and reliable. The Seller will not be held liable a Product that is not cared for correctly or where the care instructions have not followed. Any such advice in relation to any Products sold by the Seller is provided, however, without liability or responsibility on the part of the Seller. To the extent required under common law and any applicable legislation, the Seller acknowledges that liability may attach in relation to (and be limited solely to) personal injury or property damage arising out of any negligence on behalf of the Seller in provision of the Products. In the event of any breach of these Terms & Conditions by the Seller, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Products. The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer.

 

SEVERANCE

Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of any state or federal legislation (including but not limited to the Australian Consumer Law), except to the extent permitted by such legislation where applicable. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

JURISDICTION

These Terms and Conditions shall be governed by the laws of Victoria. The Seller and the Customer irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

 

WAIVER

The failure by the Seller to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.

 

INCONSISTENCY

Where these Terms and Conditions are inconsistent with a written quotation, work authorisation or other form provided by the Seller to the Customer, the provisions of that written quotation, work authorisation or other form will prevail to the extent of the inconsistency.

 

WHOLE AGREEMENT

These Terms and Conditions (together with the Application and any written quotation, work authorisation or other form provided by the Seller to the Customer) form the entire agreement between the Seller and the Customer. All conversations, representations and statements not confirmed in writing by the Seller are expressly excluded and shall not be deemed to be part of any quotation, invoice, order, agreement or contract, or to have induced the order of the Products, or to have any legal effect whatsoever.

 

AMENDMENT

These Terms and Conditions supersede all previous terms and conditions of trade of the Seller. The Seller reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Seller notifies the Customer of such change. The Customer’s acceptance of any amendments to these Terms and Conditions will be evidenced by the Customer’s acknowledgement in writing or by the Customer submitting a further order of Products to the Seller after receiving notification of the amendments without the need for the Customer to provide any other formal notification of its acceptance to Seller.

 

CONTACT US

If you would like to contact us regarding our terms & conditions, please email hello@hausofhiggs.com.au.