Terms and conditions - The Jungle Collective
Terms and conditions - The Jungle Collective
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Terms and conditions

ONLINE SALES

PLANT GUARANTEE

Quality and experience is paramount to us. We know it can be nerve racking purchasing your plant babies online. To put your mind at ease we’ve got you covered! If you’re plant arrives damaged or not in great shape please notify us within 7 days of delivery and we will offer you a replacement, refund or credit.

 

Simply take a photo and send your order number to info@thejunglecollective.com.au. Please note we are unable to provide refunds via social media platforms so be sure to email us for the fastest response.

 

Please note upon request the damaged plant will need to be returned to a local pop-up store or posted back to us. Should postage costs be incurred this will be reimbursed back to your account should the plant be deemed with major damage.

 

PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the plants and products available on the Site. However as plants are living they can vary from the image you see online to what is received.

All plants are subject to availability, (and we cannot guarantee that items will be in stock). We reserve the right to discontinue any plant at any time for any reason. Prices for all plants are subject to change and current at the time of purchase on the website. No price change refund is available if pricing online changes.

Measurements available on our site are for the diameter of the pots. For the plant size, you may refer to the 2nd photo, which is the photo from the grower. Please note that the exact height is not guaranteed to be the same as shown but you can estimate from the picture. Note that height/length varies per batch.

 

PURCHASES AND PAYMENT

We accept online card payments. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. GST is included in the purchase price and all payments are in Australian dollars.

You agree to pay all charges for your purchases and any applicable shipping fees.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

DISCOUNT CODES

Please note discounted codes offered are applied to full RRP items. Sale items will have no further discount applied. SMS discounts are valid for the day they are sent, minimum $20 spend and not valid with other discounts.

 

CANCELLATION POLICY

Jungle Collective has a strict no cancellation policy.

Our no cancellation policy includes but is not limited to:

  • Change of mind – After placing an order you’ve decided you’d no longer like to proceed.
  • Discounted products- Opt to re-order the same set of plants after we have announced left-over stock discounts.
  • Price comparison- We work with many different growers and products and quality vary from business to business. For this reason we don’t offer cancellation due to price comparisons.

 

RETURN/REFUNDS POLICY

The Jungle Collective strives to ensure you are a satisfied customer. We want you to be excited about your purchase. We have launched a Plant Guarantee for our online orders. If you’re plant arrives damaged or not in great shape please notify us within 7 days of delivery and we will offer you a replacement, refund or credit.

 

Please allow for some leaf damage during transportation due to packaging or climate change. If your plant looks like it has wilted during transit, we recommend giving it some water right away – this should help it to recover and settle in or reach out to our horticulturalist on Facebook for some advise.

 

Please note that The Jungle Collective will not be held liable for any damage (or deteriorating conditions) caused to your plant if it spends a prolonged period awaiting collection from a collection point. It is the customer’s responsibility to either make sure someone is home to accept delivery, request authority to leave, or pick up your delivery from the collection point as soon as possible. Although we take great care in packaging our plants, the less time they spend packaged, the better.

 

Please be careful in inputting the correct postal address. The Jungle Collective will not take responsibility if incorrect delivery details are supplied. It is the customer’s responsibility to make sure the correct contact and delivery details are supplied. We do not allow for delivery details to be changed after an order is place however if you made a typo, please contact us as soon as possible and we will do our best to change them before delivery.

 

 

POSTAGE AND HANDLING

Please note we charge a $5 handling fee per order. This cost is to cover packaging, quality checking stock and the additional time required to prepare and pack orders. This charge is applied for pick-ups and when free delivery is applicable.

When payment is finalised the buyer will receive confirmation of the purchase via the email they provided. If this confirmation email is not received please contact info@thejunglecollective.com.au. Jungle Collective is not responsible for any unforeseen delays with your delivery when sent via Australia Post.

Please note we can’t deliver to a Parcel Collection point and please ensure the address you nominate can accept deliveries during the week and on weekends. We are not able to accomodate preferred delivery days.

Please note we will attempt 1 delivery to your location. If unsuccessful and it’s not safe to leave you will be required to collect your order from our warehouse.

We are also not able to update with ETA on timings other than the above delivery window, as this does become quite hard for us to manage expectations. Changes to delivery addresses are not possible once the order is placed.

 

Can I return my plant/cancel my order if I have changed my mind?

Unfortunately, we can’t accept change of mind returns or cancellation for live plants. All our stock is ordered directly from the growers and therefore we can’t accommodate for change of mind. Please message us if you need some helping picking the right plant for you!

 

Does my live plant have a warranty?

We offer a 7 day plant guarantee to ensure your plants arrive safely in your hands.  We ensure that we ship our stock in the best health and condition possible. If we do not hear from you within 7 days after delivery,  we will assume they arrived safe and well and cannot be held responsible there onwards. We offer care tips on our website to give your plant the best life possible. You can also message us directly on Facebook and our friendly horti would be happy to assist!

 

PHYSICAL SALES

RETURN/REFUNDS POLICY

Things to know before you buy a plant(s):

1. Plants are living and perishable, and just like any living things require proper environment and care.
2. Our job is to choose the healthiest and best looking plant(s) for you. Once a plant is taken home, it is beyond our control how they are cared for but we are here to support you.
3. We provide care instructions but these instructions are just a guidelines and watering frequency, care routine will vary depending on temperature, air circulation, light and humidity in a space.
4. All plants go through acclimation period after being transported and during major season changes. Some lower leaves might turn yellow or brown, plant might drop some leaves during these periods.

 

During physical sales we take quality control and inspection seriously prior to selling stock. On the rare chance that your plant has issues, please email us at info@thejunglecollective.com.au with photos within 7 days of purchase. Once we receive your email and photos, we can determine the best resolution. Please note and allow for some leaf damage during transportation due to packaging or climate change. If your plant looks like it has wilted during transit, we recommend giving it some water right away – this should help it to recover and settle in or reach out to our horticulturalist on Facebook for some advise.

 

Can I return my plant if I have changed my mind?

Unfortunately we can’t accept change of mind returns for live plants as plants are tricky to return because they are a perishable item.

 

What is my item is faulty?

The Jungle Collective reserves the right to decide whether a product is faulty. If deemed faulty, The Jungle Collective will offer a replacement, refund or credit.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) All registration information you submit will be true, accurate, current, and complete; 

(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) You have the legal capacity and you agree to comply with these Terms of Use;

(4) You are not under the age of 18;

(5) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

(6) You will not use the Site for any illegal or unauthorized purpose;

(7) Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

 

DISCLAIMER OF WARRANTIES – LIMITATION OF LIABILITY

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, 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, title, and non-infringement.
In no case shall www.thejunglecollective.com.au, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless www.thejunglecollective.com.au and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

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

TERMINATION

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

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@thejunglecollective.com.au.

 

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Jungle Group Pty Ltd (“we,” “us” or “our”), concerning your access to and use of the www.www.thejunglecollective.com.au website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.