TERMS

The fine print: our terms and conditions

Please review our terms and conditions below, as these govern our terms of service and our agreement with you.

 

1. Welcome to our website. This website with URL address www.thesuccybunch.com is trading as The Succy Bunch (ABN: 98 727 324 235). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Succy Bunch’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use this website.

 

2. The term ‘The Succy Bunch’ or ‘us’ or ‘our’ or ‘we’ refers to The Succy Bunch, the owner of the website, whose registered office is in Kenmore, Queensland (ABN: 98 727 324 235). The term ‘you’ or ‘your’ refers to the website user.

 

Website Use

 

3. By using this website (including making purchases) you agree to be bound by its terms, conditions, disclaimers and limitations of liability and you also you confirm you are at least 18 years of age. You also acknowledge that you have read and understood these Terms and Conditions. The Succy Bunch reserves the right to amend or update this website including its terms and conditions of purchase at any time without providing notice. Any such changes to terms and conditions will operate from the date the changes are published on the website and will not impact any purchases entered into prior to the date of the publication of the revised terms and conditions.

 

4. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

 

5. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website, meets your specific requirements.

 

6. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

7. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

 

8. Unauthorised use of this website may be a criminal offence and/or give rise to civil liability (including a claim for damages).

 

9. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. Your use of such websites is entirely at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

 

10. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.

 

11. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

 

12. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

 

13. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

 

14. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

 

15. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

 

16. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to any issues beyond our control, including but not limited to internet connectivity and server issues.

 

Prices and Payment

 

17. The prices displayed on this website may change without notice, but all prices quoted at the time of purchase will be honoured.

 

18. All prices are quoted in Australian dollars.

 

19. We accept payment by Paypal, Visa, Mastercard, and American Express.
 

Our plants, products and services

 

20. We strive to select quality products. The images that appear on our website are representative of the plants we source from our suppliers. The plant that you receive may differ to those pictured on the website and therefore, the picture or product description does not serve as a guarantee of the product you will receive. Additionally, the exact tones and colours of the pots that we source might also differ slightly to those displayed on the website.

 

Ordering

 

21. For us to process your order, it is essential that we obtain some of your personal information, such as your name, contact details, billing address, delivery address and payment details.

 

22. We will not pass on your personal details to third parties and will treat your information in accordance with our legal obligations. Further information about the collection, use, and retention of your personal information is outlined below.

 

23. Payment must be confirmed before your order is processed and sent.

 

24. Confirmation of your purchase will be sent by email once your payment is processed. If you do not receive an email confirmation, please contact us at info@thesuccybunch.com 

 

25. Orders are final once your payment is processed. We are prepared to do our best to accommodate any requests to amend your order prior to fulfillment of your order, although this cannot be guaranteed. Such requests must be directed to us at: info@thesuccybunch.com. We cannot accommodate any such requests once order is processed and dispatched for delivery.

 

26. We are unable to accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections or other technological issues.

 

Delivery

 

27. The Succy Bunch operates in the Greater Brisbane, Logan, Bayside, and Ipswich regions only .  If your order is for a delivery address outside of these regions, we cannot guarantee delivery. Please contact us at info@succybunch.combefore you place an order, to determine whether it is possible for us to deliver to the required address. Time frames for delivery are different for each delivery option as selected during purchase:

Next day delivery will be honoured for items where payment has been processed and received prior to 8pm (AEST- Brisbane) Monday to Friday. Orders placed after 8pm Friday through to 8pm Sunday will be delivered the following Monday. Orders placed after 8pm Sunday will be delivered on the following Tuesday. For standard delivery, items will be delivered between 5-7 days from the date the purchase is processed.

 

28. Our delivery hours are between 8.00am and 8.00pm, Monday to Sunday, for business and residential addresses. Deliveries will be undertaken as per delivery time frames noted in section 27 however we are not able to guarantee delivery at a specific time of day.  We accept no liability whatsoever, for losses or inconveniences caused by a delay in delivery.

 

29. If there is nobody available to take delivery of your order, we will leave your order at, or near, the door, or in another place deemed safe and suitable. Where possible, the deliverer will contact the recipient to let them know the location where the delivery was left. If there is nowhere safe to leave your product, we will call the recipient and / or sender to re-arrange delivery.

 

30. No additional rate for delivery is applied to any orders other than the rate shown for the delivery option selected.

 

Warranties, refunds, cancellations and limitation of liability

 

31. To the extent permitted by law, all warranties, guarantees and conditions relating to the product are excluded. If the law does not permit this exclusion, then to the extent permitted, our liability is limited to replacing the product ordered by you.

 

32. We do not offer refunds, returns or exchanges for a change of mind.

 

33. If your item is damaged in transit, it is your responsibility to contact us immediately and provide a photo of the damaged product as it arrived. If you fail to do so within 24 hours, this will serve as an acceptance of the goods in their delivered form.

 

34. No refunds will be made available after your order is made and processed by us. If in the event you are unsatisfied with the product, please email us at: info@thesuccybunch.com to raise your concern and we will endeavour to resolve any issues you have.

 

35. We are unable to offer a refund where incorrect information is provided by you during the ordering process, including incorrect information about the recipient or delivery address. It is your responsibility to ensure that you provide accurate addresses and detailed delivery details and instructions.

 

36. In the event that an incorrect delivery address is provided by you, and in the event that this requires us to make an additional delivery for re-delivery of your product, this will be subject to an additional delivery charge, payable by you.

 

37. Although we strive to provide products of high quality, we give no warranty as to the durability and survival of the plants or products that you purchase. We cannot offer replacements or refunds for purchases that have deteriorated (since delivery) due to factors beyond our control (such as over-watering, over-exposure to sunlight, or other care issues). Should your plant look as though it is not thriving, we are happy to discuss care issues with you, via: info@thesuccybunch.com.

 

38. To the extent permitted by law we will not be liable for any loss of income, loss of profits, or for any indirect or consequential loss or damage of any kind howsoever caused, whether based in an action of tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any products supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.

 

Governing law is Queensland law, and severance of terms

 

49. The law of Queensland, Australia, applies to these terms. We and you submit to the jurisdiction of the laws of that State.

 

40. Any provision of these terms and conditions which is void or unenforceable may be severed from these terms and conditions without affecting the enforceability of remaining provisions in these terms.

Find our privacy policy here

PRIVACY

HOW WE COLLECT, STORE AND USE YOUR PERSONAL INFORMATION

We prioritise our legal responsibilities in relation to privacy. This policy describes how we deal with the collection, use and disclosure of private information about you, and how you may access this information in accordance with your legal rights under the Privacy Act 1988 (Cth).

Collection of personal information

Online transactions concerning the purchase of goods require you to provide personal information, including your name, billing details, phone number, email addresses and delivery details (including residential addresses). When using our website, you may enter some of these details into our website. In the event that you also register for promotions or mail outs, you may also enter such details via our website. The Succy Bunch does not store your credit card or other payment details.

Data might also be collected concerning your online browsing and internet activities as a result of visiting our website or the websites and online services (including social media), where we advertise. This might include data concerning the content you view (as well as dates and times that you view the content), the sites where you view advertisements and those that you click on, as well as the products you purchase or location information associated with your internet protocol (IP) address.

The collection and use of your personal information

The information we collect and store about you is used primarily to process your order and to ensure that it is delivered to you or your selected recipient.  

Information might be gathered about the way that you (and others) use our website and service (including, but not limited to, IP addresses, time and duration of access, profiles that are accessed). Such information includes data and information that you provide for the purposes of ordering and registering for our products and/or services and this information might also be used for the purpose of enabling The Succy Bunch to analyse its services, improve our services and/or products, improve our customer service, or to provide new or improved products.

 

On occasion we may also provide non-identifiable data to reputable third parties to help us analyse sales patterns and website functionality. This data might also be used to adopt targeted advertising to you or our customers. Non-identifiable data means that any personal information we provide to third parties will not include any personal information that would identify you.

Our website might use tracking cookies, or allow third party advertisers to place cookies on your browsing device, to tailor content or advertising delivered to you via our service. Third party advertisers are not controlled by The Succy Bunch and concerns about how such parties use your personal information should be addressed directly to such third parties, who might use your data in accordance with their own privacy policies.

 

The Succy Bunch does not and will not sell any personal information held about you or other customers to any third party; we will not share such information except in those circumstances outlined above. We may, on occasion however, disclose aggregated, non-identifiable personal information to third parties, such as affiliates or investors, for the purpose of describing our business model and operations.

 

The only circumstances in which we will disclose personal information about you is where it is required for a relevant purpose (linked to the primary purpose of you providing the information), such as, for example, to provide your contact details to a courier or delivery company that is contracted to deliver your purchase; or if we are required to disclose information by law, are ordered by a court or tribunal to disclose such information, and/or are required to disclose such information in order to meet legal obligations.

Marketing

The Succy Bunch may use your personal information to periodically email you about our products and services, as well as those of our affiliates.

Should you wish not to receive any further marketing materials or communications, you may use the opt-out link that appears on emails from us that you receive.

Accessing your personal information

We will use all reasonable measures to ensure that your personal information is stored securely. In the event that you request information about the data we hold concerning you, we will go to the extent that is reasonable in the circumstances to provide you with such information. Other than the exceptions set out in the National Privacy Principles and in accordance with the Privacy Act 1988 (Cth), you are entitled to access information that The Succy Bunch holds about you. The Succy Bunch might ask that you pay our reasonable expenses in providing you with that information

If you wish to access such information, offer a suggestion or raise a concern, please contact: info@thesuccybunch.com

Brisbane QLD, Australia

©2019 by The Succy Bunch