Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to Powered by Plants Pty Ltd and its related entities. Your access to and use of all information on this website, including but not limited to the purchase of our products, is provided subject to the following terms and conditions.

We reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access our website, you read these terms and conditions.

REGISTERED USERS

In order to access certain services provided on this website, such as special offers, you must become a registered user. You must complete the registration process by providing your information, as set out on our registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of your personal information.

You agree to ensure that your registration details are true and accurate at all times, and you undertake to update your registration details from time to time when they change.

On registration, you will be required to provide your email address and specify a password.

We reserve the right to suspend or terminate your access to all or any part of our website at any time, including your registration, if you breach these terms and conditions or we believe in our reasonable opinion that you are misusing our website.

By becoming a registered user, you agree to our Terms and Conditions.

PRODUCT DESCRIPTIONS

We strive to ensure that our products are described as accurately and up to date as possible on our website. Where we become aware of the need to update a description, we reserve the right to do so at any time.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.

OUR WEBSITE SERVICES

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AUD) and are GST inclusive. We reserve the right to amend our prices at any time.

When you order from us, we require you to provide your name, address for delivery, email, telephone contact and credit card details. We undertake to take due care with this information. However, in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission, virus or malware.

SHIPPING EXCEPTIONS

Packaging and postage are an additional charge, calculated at the time of purchase in accordance with your address for delivery. At times we may offer free shipping to all Australian states or selected Australian states at any time.  If Powered by Plants Pty Ltd and its related entities do provide an offer, free shipping will apply to all purchases except any free samples and/or free product offers that are able to be purchased individually or without any other purchase.  If customer can purchase a product with no cost, minimum shipping fee will always be charged.

PRODUCT RETURNS

All returns are subject to the following conditions 'Return Conditions'. (Clearance/sale stock – conditions apply).

Except if an item is faulty (and without limiting Australian Consumer Law), Powered by Plants will offer a replacement or refund, only if:

• The return is made within 14 days of the receivership;
• You have valid proof of purchase;

Please be aware that unless an item is faulty, you cannot exchange or return an item more than ONCE. If an item is not faulty, Powered by Plants retains the right to reject a return based on a failure to adhere to these Return Conditions; and is subject to the company’s discretion on a case by case basis.

If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage, where we set out our requirements relating to return of such goods.

If we are unable at the time of return to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges.

SITE ACCESS

When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only and provided you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

HYPERLINKS

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, nor of the information, goods or services which they provide.

You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

INTELLECTUAL PROPERTY RIGHTS

The copyright to all content on this website including applets, graphics, images, layouts and text is owned or licensed by Powered by Plants Pty Ltd.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned or licensed by us. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea, or suggestion (“Comments”) which you provide to us through this website becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.

If you provide us with comments, you acknowledge that you are responsible for the content of such material, including its legality, originality, and copyright.

DISCLAIMERS

We take due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website, such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material, and we are not responsible for any errors or omissions in such material.

LIMITATION OF LIABILITY

Certain laws provide non-excludable statutory guarantees, conditions, or warranties for the supply of certain goods or services. Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition, or warranty that we are prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these terms and conditions and we breach it, we accept liability for such breach. But, where it is lawful, and fair and reasonable to do so, our liability is limited to the resupply of the relevant product or payment of the costs of resupplying the relevant product.

To the maximum extent permitted by law, we do not accept liability for any loss whatsoever, including consequential loss suffered by you arising from product/s we have supplied.

PRIVACY

We undertake to take all due care with any information which you may provide to us when accessing our website. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our Privacy Policy.