Terms of service

BONSAI ART PTY LIMITED

TERMS AND CONDITIONS

1. This website is operated by Bonsai Art Pty Limited A.B.N. 30 002 816 248 (‘Bonsai Art’). Throughout the website, the terms “we”, “us”, and “our” refer to Bonsai Art. Bonsai Art offers this website, including all information, tools and services available from this site to you, the user, conditional upon acceptance of all terms, conditions, policies and notices (collectively referred to as “Terms and Conditions”) stated herein.

2. By visiting our website and/or purchasing products from us through the website, you agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. All Terms and Conditions apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

3. Please read all the Terms and Conditions (which includes our privacy policy and refund policy) carefully before accessing or using our website. By accessing any part of the site, you agree to be bound by all Terms and Conditions stated herein. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use of any the services provided. If you do not accept all the Terms and Conditions, you have not accepted our offer to provide the services and content contained on our website.

4. Any new features or tools which are added to the current online store shall be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of the Terms and Conditions by posting updated and/or changes to our website. It is your sole responsibility to check the website periodically for any changes. Your continued use of or access to the website following any updates or changes to the contents of the website and/or these Terms and Conditions constitutes your acceptance of those changes.

5. Our online store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

General Conditions

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

7. You understand and accept that your information, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to any technical requirements which may arise in connecting to networks or devices. Credit card information is always encrypted during transfer over networks.

8. Unless otherwise specified, all material on this website, including but not limited to text, images, site design, logos and graphics, are the intellectual property of Bonsai Art. You agree not to reproduce, duplicate, copy, sell, resell exploit any portion of this website, howsoever described, without express written permission from us.

9. Whilst Bonsai Art will endeavour to ensure that all information and images contained on this website are depicted as accurately as possible, we are not to be held responsible if any information made available on this website is not accurate, complete or current.

10. If there are any typographical errors, inaccuracies or omissions on this website, including but not limited to, product descriptions, pricing, promotions, offers, shipping charges and times, and availability, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website or any related website is inaccurate at any time without prior notice to you, including after you have submitted any order.

11. We are not liable or obliged to update, amend or clarify information on the website or any related website, including but not limited to, pricing information, except as required by law. Any reference to update or refresh dates on the website or any related website, should not be taken to indicate that all the information on the website or any related website has been modified or updated.

12. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website and services provided therein, following the any changes made to the Terms and Conditions constitutes your acceptance of those changes.

13. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of any service provided on the website, or any part thereof.

14. We reserve the right at any time to modify or discontinue any services provided on our website, or any part thereof, without notice.

Online Store Terms

15. By agreeing to all the Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence.

16. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of this website, howsoever described, violate any laws in your jurisdiction, including but not limited to copyright laws.

17. You must not transmit or cause the transmission of any worms or viruses, malware or any code of a destructive nature.

18. A breach or violation of any the Terms and Conditions will result in an immediate termination of your use of our website and services provided by us.

19. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

20. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

21. We cannot guarantee that the images of live plants as depicted on our website will be the same as the product you have purchased as any live plant will change over time, and the images should be used as a guide only.

22. We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services that we offer.

23. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited in your relevant jurisdiction.

24. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations.

Delivery

25. Products purchased through the online store are delivered Australia-wide only, with the exception of live plants. We do not ship internationally.

26. We do not deliver any live plants, including but not limited to bonsai, but such items are available for collection only instore.

27. Packages are sent via Australia Post. Postage and handling fees are determined by the weight of the product and will be calculated at check out via the website.

28. Please allow 1 to 2 business days to process your order and expected delivery times will vary and are subject to the Australia Post delivery times from our distribution point in Belrose, Sydney, New South Wales.

Prices

29. Prices for our products are subject to change without notice and at our sole discretion.

30. Prices shown on this website are in Australian dollars and are inclusive of Goods and Services Tax (“GST”).

31. Delivery prices are not included in the prices shown on the website. Delivery prices are calculated by weight and will be shown at checkout on the Online Store.

32. The prices of products and services shown in the Online Store may differ from the prices of products and services in-store at the sole discretion of Bonsai Art.

Billing and Account Information

33. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantity of products purchased per order, household or person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
34. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information including your email address and credit card numbers and expiration dates, so that we can complete your transaction/s and contact you as needed.

Please also review our Returns Policy.

Third Parties

35. Certain content, products and services available through our website may include material and tools provided by a third party.

36. You acknowledge and agree that we provide access to third party tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

37. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider or providers.

38. We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms and Conditions.

39. Certain content, products and services available through the website may include material from a third party or third parties.

40. Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for any content or accuracy of third party websites and do not warrant nor are we to be held liable for any third party material or websites or for any other material, products, or services of any third party.

41. We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review any third party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.

User comments, feedback and other submissions

42. Should you submit or publish any material to us and/or upload to this website, whether it be at our request or not, you agree that we may at any time without restriction edit, copy, publish, distribute, translate and otherwise use that material in any medium at our discretion. We are and shall be under no obligation to maintain any comments or material in confidence, pay any compensation or damages for any comments or material or respond to any comment or submissions.

43. We may, but have no obligation to, monitor, edit or remove content we determine at our sole discretion as being unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or in breach of any of the Terms and Conditions.

44. You agree that your comments or material will not violate any right of any third party, including any intellectual proprietary rights or privacy. You further agree that your comments will not contain any defamatory or otherwise unlawful, abusive or obscene material and/or content, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website.

45. You must not use a false email address or represent yourself to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments or material. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments or material, howsoever described, posted by you or any third party.

Prohibited use

46. You are also prohibited from using this website and/or its contents for any unlawful purpose or in breach of any law, including but not limited to infringing any intellectual property rights; to harass, harm, abuse, discriminate, defame in any manner; to submit false or misleading information, upload or transmit viruses or any other type of malicious code or in any way interfere with the security features of the website and/or subsequently any other website that may or will affect the functionality or operation of the website and/or subsequently of any other website; to collect, track and/or use the personal information of other users of the website; and/or to spam, phish, pharm, pretext, spider, crawl or scrape.

47. We reserve the right to terminate your use of our website and report any unlawful conduct to operators of other websites and the relevant authorities.

Disclaimer and limited liability

48. We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

49. You agree that from time to time we may remove the website for indefinite periods of time or cancel the website or parts thereof at any time, without notice to you.

50. You agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are provided “as is” and “as available” for your use and purchase, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and title.

51. Bonsai Art and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors will at no time be liable for any injury, loss, claim, demand, either direct or indirect or for special damages, howsoever described, arising out of your use of this website, the content and material on the website, any linked third party website and the condition of the product and quality of the services provided through this website.

Indemnification

52. You agree to wholly indemnify, defend and hold harmless Bonsai Art and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including any costs or fees made by any third-party due to or arising out of your breach of these Terms and Conditions and/or the documents they incorporate by reference, or your violation of any law or the rights of the third party.

Severability

53. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not effect the validity and enforceability of any other remaining provisions.

Termination

54. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

55. These Terms and Conditions are effective unless and until terminated either by you or us. You may terminate the Terms and Conditions at any time by notifying us that you no longer wish to use our website or when you cease using our website.

56. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly we may deny you access to our website or any part thereof.

Governing Law

57. These Terms and Conditions and any separate agreement/s between you and Bonsai Art shall be governed by and construed in accordance with the laws of Australia, which includes the Australian Consumer Law.

Contact Information
Should you have any queries regarding the Terms and Conditions please send us an email to hello@megumibennettbonsai.com.

REFUND POLICY

1. Refunds will only be given if your item is returned in the same condition that you received it. It must also be in the original packaging.

2. Refunds and exchanges will not be provided for any live plants, which includes but is not limited to bonsai plants due to the perishable nature of the product.

3. We will refund your purchase within 30 days from the date of receipt of the returned item.

4. To complete your refund we require receipt or proof of purchase.

5. All items are to be returned by post addressed to Bonsai Art Pty Limited, 206-208 Forest Way, Belrose NSW 2085.

6. Once your returned item is received and inspected, we will send you an email to notify you that we have received your return item. We will also notify you of whether we will approve or reject the refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or method of payment used at the time of purchase. If we reject your refund we will advise you of the reasons by email.

7. If you have not received a refund within 21 days, then please contact us after making your own enquiries with your financial institution.

8. Sale items cannot be returned and no refund is offered on items which are marked and purchased on sale, unless the item is damaged or defective.

9. For any defective or damaged items, we will either refund or exchange the item with the same product.

10. If upon receipt of your item, it is defective or damaged, then please provide photographic evidence of the condition of the item as it was received and send a request for an exchange or refund by emailing us at hello@megumibennettbonsai.com.

11. Once we receive your email and we are of the view that your product is defective or damaged, then we will notify you by email. Once you receive this notification, please send the item to Bonsai Art Pty Limited, 206-208 Forest Way, Belrose NSW 2085 within 14 days.

12. Should we not receive your returned item pursuant to paragraph 11 above within 14 days, we reserve our rights to not provide you with a refund or exchange.

13. If you have received an item as a gift which was purchased through our website, and you wish to return the item, then it is your sole responsibility to notify the purchaser of the item. The purchaser may then request a refund or exchange of the item. This is to ensure that any refunds and exchanges are processed as efficiently as possible.

14. For all returns, shipping costs and associated fees are your sole responsibility. Bonsai Art will not reimburse any shipping costs or associated fees. Shipping costs are non-refundable. We reserve the right to deduct any costs associated with returning the item to us from the refund amount.

15. If you request a refund of an item because the item is damaged or defective and we are satisfied that the item is damaged or defective, we will pay for any shipping costs associated with returning the item to us.

16. In the event that you wish to exchange an item because the item is damaged or defective at the point of receipt and we are satisfied that the item is damaged or defective, we will pay for any shipping costs associated with returning the item to us and delivery of the item back to you.

17. If you are shipping an item over $75.00, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item. All items returned to us are sent at your own risk and we do not guarantee the condition of the item or receipt of the item.