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Our website www.harvestandhomewares.com.au is operated solely and only by “us” - to be known as Harvest & Homewares Pty Ltd (ABN 51162369360). The terms, conditions, notices and disclaimers contained in this document govern the use of our website and your purchase of any goods. By using the website you acknowledge that you have both read and understood the Terms and Conditions of Use and all relating documents. We may need to amend these conditions at any time and reserve the right to do so.

 

By placing an order through the website means you are agreeing to pay the displayed purchase price and any relevant shipping or delivery charges. We may accept or reject any offer made by you. We may reject your order if we believe it to be in anyway fraudulent which includes but not limited to using another persons credit card with their express knowledge or consent. We may also reject your order if your payment does not process successfully or we suspect it is for Commercial use. Each order (or offer) accepted by us creates a separate and binding agreement between you and us for the supply of the relievers ordered products.

 

Product Descriptions

We reserve the right, without notice, to change and /or correct any product description that we become aware has been accidentally misdescribed or represented. Images are a guide only and may not represent true colour. Due to the “live” nature of seeds, bulbs, plants and trees, we advise that all photos may show the product in flower or established growth which may not represent the exact product you receive. Depending on when in the season you order, the plant may not be flowering or producing fruit. If it is a deciduous variety it may not have any leaves if you purchase in the Winter months. We will pick the best possible plant for you available at the time of your purchase. Due to differing weather, soil conditions, environmental factors etc, the documented height and width of any growing product is to be used as a guide only. The plants/trees in the photos will not be the exact product you receive and are used for display and promotional purposes only.

 

Cancelllation of Orders

This would be a very rare occurrence and may happen in any suspected fraudulent activity. It may also happen in the case of inadvertent/incorrect pricing or any other error that accidentally occurs on our website. We may need to cancel the order we have accepted but will of course offer a full refund and/or the first opportunity for you to purchase at the corrected price. We may also need to cancel in the event of unforseen circumstances regarding supply or an unexpected high demand on a particular product resulting in it becoming suddenly unavailable. Where possible we will offer you a backorder option, or you may also of course choose a full refund. You will not be entitled to any compensation of any nature for any loss, damage, expense ( either directly or indirectly) or for any loss of time or any inconvenience which may result from our cancellation. We do our best to avoid these situations and try and maintain a highly accurate stock levels, but we are all human and from time to time an accidental error may occur with our sincerest apologies.

 

Legalities

We agree to comply with all Australian Consumer Laws in regards to the supply of our products and any related returns/exchanges. Within these laws, the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms and Conditions for a product is limited to an amount equal to the greater of 

• AUD $100 and

• the amount paid by you as the purchase price of the product selected

 

To the maximum extent permitted by law, we are not liable or responsible for, and no measure of damages will under any circumstance or condition include:

• special, indirect, consequential, incidental or punitive damages:or

• damages for loss of profits, revenue, goodwill or any anticipated or future savings whether in contract, tort (including negligence) in equity, under statute or any other basis.

This includes whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.