Terms of service

TERMS AND CONDITIONS

These Terms + Conditions govern your access and use of our website (www.uprooted.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is hosted by Shopify and operated and owned by Paperjam Pty Ltd ACN 641 737 082 (‘Uprooted’, ‘we’, ‘us’ or ‘our’).

These Terms + Conditions are to be read in conjunction with any additional Terms + Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy, Returns Policy, Shipping Policy, FAQ pages & item descriptions.  To the extent of any inconsistencies, the provisions of these Terms and Conditions apply.

By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

AMENDMENTS

Uprooted reserves the right to make changes to the Website and Terms at any time and without notice to you.  Any such changes will only apply to orders submitted after the date on which the changes have been made.  It is your responsibility to regularly check the Uprooted Website in case there are any changes made, including each time you purchase an Uprooted product.  Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

PERSONAL INFORMATION AND PRIVACY

You warrant that any information you provide Uprooted is accurate, complete and up to date.

If you create an Uprooted account, you are responsible for maintaining the confidentiality and security of your account, including your email address and password and you further acknowledge and agree that you will not disclose these details to any person not duly authorised by you.

Uprooted will handle your personal information in accordance with our Privacy Policy.

TERMS OF USE

You may only use the Website and the content on the Website for personal purposes unless Uprooted provides express written consent to your proposed use.

You agree that you will not use the Website to:

  • commit or encourage a criminal offence;

  • data mine;

  • transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website;

  • corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;

  • send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

PRODUCT IMAGES

While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment.  Uprooted is not responsible for any such variations in respect of your order.  The plant that you receive may vary in size and have a different number of leaves than the product image.  This is due to plants growing at different rates and is not a defect of the plant you receive.  However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.

Unless otherwise stated, any additional items styled or shown in a product image are for display purposes only and are not included in the listed price.  You must ensure that you carefully read the product title and description before purchasing anything from our Website.

PRODUCT AVAILABILITY

All orders are made subject to availability.  Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.

If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order.  Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product.  Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).

PRICING

You will be charged in full at the time of ordering an Uprooted product by supplying Uprooted with a valid credit or debit card issued by a bank acceptable to us, using a valid PayPal, Afterpay, Zip Pay, Klarna or Shop Pay account, or by redeeming Uprooted Credit or Gift Vouchers.

Zip Pay. Minimum monthly repayments are required. A monthly account fee of $9.95 applies and is subject to change. Pay your closing balance in full by the due date each month and we'll waive the fee. Available to approved applicants only and subject to completion of satisfactory credit assessment. Other charges may be payable. Fees and charges subject to change. T&Cs apply. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878.

Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur.  If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you we will treat the order as cancelled.  If the order is cancelled and you have already paid for the goods, you will receive a full refund. See our Returns Policy for more details.

All prices are in Australian Dollars (AUD) and are inclusive of GST.  Delivery costs may be charged in addition to the cost of the product and these are clearly displayed when ordering and are available on our Shipping Policy.

Prices are subject to change without notice, including regular & sale prices. If you purchase an item at full price and it goes on sale, we will not offer compensation or partial refunds.

SALE ITEMS AND SPECIAL OFFER TERMS

Where an item is:

  • marked at a discounted price;

  • purchased during a temporary promotion period (e.g. VIP Days, One Day sales, discount offers etc); or

  • purchased using a coupon or discount code;

it is considered a Sale Item.  Sale Items are treated differently than Full Priced Items under our Returns Policy (unless faulty).  Please see our Returns Policy for more information.

SHIPPING, DELIVERY AND RETURNS

Please refer to our Shipping Policy and Returns Policy for further information.

Plant Condition & Liability

We take every precaution to protect plants during shipping; however, Uprooted is not liable for minor imperfections that may occur in transit. We do not offer refunds or replacements for cosmetic damage or minor shipping-related imperfections.

  • Uprooted reserves the right to trim leaves during packing to ensure plant health. Trimming is not considered a fault, and no refunds will be issued for trimmed leaves.

  • Each plant is thoroughly inspected before dispatch. Uprooted is not liable for any pest infestations that occur after the plant has left our nursery.

  • We provide brief care instructions in the product description and additional care information on our website for some plants. Customers are encouraged to review these details before ordering to ensure the plant is suitable for their climate.

  • If you have any concerns about plant care, we recommend contacting our customer service team before purchasing.

  • Uprooted will not be responsible for plant health issues resulting from failure to follow provided care instructions, and no refunds or replacements will be issued in such cases.

CUSTOMS AND IMPORT TAXES

You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your order.

RISK AND TITLE

Risk and title in the items will pass to you upon delivery of the items. 

PRODUCT SAFETY

Uprooted will not be held liable for the presence of any insecticide, pesticide or fertiliser that remains on the product when it is shipped to you.  Care should be taken when handling the product.  No part of any product is edible. 

Uprooted recommends wearing personal protective clothing including a mask and gloves, at all times whilst handling soil & plants.  Uprooted will not be held liable to you or to any other person for injury or damage (whether direct, indirect, consequential, or economic) sustained by the misuse or mishandling of any part of the product. 

CUSTOMER SERVICE

We will use reasonable endeavours to respond to all emails within 48 hours.  Our customer service team can be contacted at hello@uprooted.com.au or via the ‘contact us’ section on our Website. 

OTHER ACTIVITIES AND THIRD PARTY WEBSITES

From time to time, Uprooted may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties.  These events, items, services or other activities may be subject to separate terms and conditions.  You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate terms and conditions.

The Website may feature or display hyperlinks and pointers to websites operated by third parties.  Such websites do not form part of the Website and are not under our control.   We do not accept any responsibility for the contents of any such hyperlink or linked website. If you click on a link to any third party websites you leave our Website entirely at your own risk.

INTELLECTUAL PROPERTY

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website is owned, controlled by, or licensed to Uprooted.  You must not use, copy, modify, reproduce or distribute the Website or the Content without Uprooted’s prior written consent.   You may view and print the Content on your personal computer for the sole purpose of viewing the Content and purchasing products from Uprooted, but not for any other use, including any commercial use.  You must not use any of the marks or trademarks appearing on this Website or Uprooted’s name without our prior written consent. 


Uprooted products are to be purchased for personal use only and may not be re-sold or rented out without the written permission of Uprooted. Any violation of the above may result in legal action.

LIABILITY

Website Accuracy, Errors and Availability

While we aim to update our Website regularly, neither Uprooted or any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.  We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this website without notice.

To the maximum extent permitted by law, Uprooted excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.

Reviews

You agree not to post any negative, untrue or defamatory public comments online or make any defamatory remarks about our business either online or in person. You fully indemnify us in relation to any loss, costs, damages or expenses (including full legal expenses) that we may suffer or incur as a result, directly or indirectly, of any breach of these obligations not to defame and to maintain confidentiality.

Harmful Technologies

To the maximum extent permitted by law, Uprooted will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.

Consumer Law

Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, Uprooted’s liability for breach of such term or consumer guarantee is limited, at our option, to:

  • the replacement of the goods or the supply of equivalent goods;

  • the repair of the goods;

  • the payment of the cost of replacing the goods; or

  • the payment of the cost of having the goods repaired.

To the extent Uprooted’s liability cannot be excluded, Uprooted’s maximum liability to you will be limited to $250 where permissible at law.  These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

GENERAL

Release and indemnity: You agree to release and indemnify and hold Uprooted and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

Waiver: Any failure by Uprooted at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.

Force majeure: Uprooted will not be liable to you for any loss, damage or expense caused by Uprooted’s failure to supply any product or perform any obligation under these Terms as a result of any matter beyond the control of Uprooted, including, but not limited to, the inability of Uprooted’s normal suppliers to supply necessary materials.

Severability: If any provision of these Terms becomes void or unenforceable, it will be it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.

Jurisdiction: These Terms are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.


SMS Marketing: By consenting to Uprooted’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

 

For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@uprooted.com.au for more information. 

 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.