Paradise Orchid Laboratories Terms
About These Terms And Conditions
In these Terms and Conditions “we" and “us" mean Leslie E Napper trading as Paradise Orchid Laboratories ABN 61 199 210 036 of 112 Ocean Outlook River Heads, Hervey Bay Qld 4655 Qld 4655 Australia, and “you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian and Overseas Sales
Paradise Orchid Laboratories sells and ships products within Australia and overseas.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with Paradise Orchid Laboratories.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Paradise Orchid Laboratories suffer any damage or other losses as a result of a transaction entered into by a minor, Paradise Orchid Laboratories reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Paradise Orchid Laboratories.
Placing Your Order
You may place an order with us by filling in the Order Form that can be downloaded from Paradise Orchid Laboratories Web Site and forwarding it us by mail. Sales are by mail order only.
By placing an order with us, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Information contained on the Paradise Orchid Laboratories website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however Paradise Orchid Laboratories will make every effort to supply products to you. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed. Paradise Orchid Laboratories and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Paradise Orchid Laboratories accepts Direct Deposit to our bank account or a cheque made payable to Paradise Orchid Laboratories, as a payment method for any goods purchased on this web site. We cannot accept payment by any other means. Orders lodged with a cheque as payment will not be despatched until the cheque has been cleared by our Bank.
All orders placed with this web site will take a minimum of 7 to 10 business days to reach you if delivered by Australia Post to addresses within Australia. Delivery time for orders placed with this website for delivery outside of Australia may take up to 30 business days.
Business days are Monday to Friday but do not include Queensland public holidays.
Orders made for plants that are too small to ship at the time order is placed may be held for up to four months to allow the plants time to grow to a size where they will survive low minimum temperatures that may be affecting the area to which they are to be posted.
Please Note: we cannot accept part-payments, lay-bys or ship COD for orders.
Paradise Orchid Laboratories purchases include GST unless otherwise stated on a Product listing.
Paradise Orchid Laboratories reserves the right to change prices for Products displayed on this web site at any time
Supply Of Your Order
All items displayed on this web site may not be in stock at the time you placed your order and you should contact Paradise Orchids by phone or by email to ascertain if the orchids you wish to purchase are in stock and at a growth stage where they will survive during shipment.
Please note that the colours of the orchids supplied by us may vary slightly to what you see in the photos displayed on the website. Screen settings and camera settings beyond our control can vary and that can and will affect the colours displayed on the website.
All plants are normally despatched from the nursery BARE ROOT at purchasers expense by Fastway Transport or Australia Post door to door delivery. Freight must be paid at the time you place your order. Plants may be sent potted if so desired at purchaser’s expense. Orders are despatched on the Mondays following clearance of your payment.
No flasks will be advertised unless delivery can be made within ( 3 months -min-) in most cases flasks will be provided ex stock.
All flasks, will have been replanted and plants well established with good roots before they will be released from the laboratory. Once flasks reach there full potential they will be deflasked and mini compoted ready for sale and no longer for sale in flasks.
Delivery of Your Order
Delivery time takes up to 10 business days from the date your order is shipped depending on where you live in Australia or up to 60 business days if you reside outside of Australia.
Paradise Orchid Laboratories makes every effort to deliver your order according to the estimated delivery times provided by our carriers Australia Post and the postal authorities in the country where you live if you live outside of Australia. The estimated delivery times are in business days (Monday through Friday) and do not include public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to circumstances beyond our control. If your order has not arrived after 10 business days for areas within Australia or 60 business days outside Australia have elapsed please contact us.
Unless otherwise indicated by you, we will deliver your order to the address you indicated on your order form.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery however, we do not guarantee that we will deliver within this time frame.
Right title and interest as well as risk of loss to all items in your order will pass to you on delivery.
If it becomes necessary to issue a refund that refund will be made via a Direct Deposit back to your bank account if you used Direct Deposit as your payment method or a refund cheque will be posted to you.
Your Rights To Return A Product
There are no returns or refunds on live plants.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any product 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.
Your Data – Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Paradise Orchid Laboratories will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose bank details are fraudulently used or is used in an unauthorized manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Paradise Orchid Laboratories. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act"), where implied conditions and warranties cannot be excluded, any liability in Paradise Orchid Laboratories for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Paradise Orchid Laboratories, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Paradise Orchid Laboratories reserves the right to change the Terms and Conditions of sale at any time.
No Paradise Orchid Laboratories employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Paradise Orchid Laboratories shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Paradise Orchid Laboratories, and Paradise Orchid Laboratories shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland.
Your Rights To Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order. Items returned because they are faulty will be replaced and refund will only be given if we are unable to replace the item that has been returned.
Before you return a product please contact us by email to advise us of the problem that you are experiencing with the product.
Products That Do Not Work Upon Arrival
A Paradise Orchid Laboratories product that shows symptoms of a failure, or is discovered to be broken when first taken from its packaging is considered to be not working upon arrival.
A Paradise Orchid Laboratories staff member will provisionally confirm whether the product is not working upon arrival and where a product is provisionally determined as not working on arrival we will arrange to replace the product.
Refunds will only be offered where a replacement product can not be provided.
Where Paradise Orchid Laboratories has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Paradise Orchid Laboratories.
If the product is deemed by Paradise Orchid Laboratories to be working on arrival, Paradise Orchid Laboratories may in its absolute discretion refuse to replace the product or offer you a refund for the product.
When a Product is replaced, your replacement product becomes your property and the returned product that was not working on arrival becomes our property.
When a refund is given, the returned product becomes our property.
Problems With Products After Delivery
If your item is not working when it arrives or you find a defect arises after delivery and a valid claim is received by Paradise Orchid Laboratories within 30 days of delivery, Paradise Orchid Laboratories will exchange the product where possible, or refund you the purchase price of the product. Should you contact us outside the 30 day period Paradise Orchid Laboratories will consider each claim on a case by case basis on its merits.
Where we agree to replace the product or refund you the purchase price of the product, you must first return the defective Product to us. You will be obliged to pay for the return of the product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the product.
The delivery time for replacing the product will be the same as stated for the original product.
Replacement Products are provided with the same Warranty as the returned Product.
Organising the Return of Products That Do Not Work
Items that do not work on arrival must be returned whenever we agree to replace the product or provide you with a refund.
When a Replacement Product is arranged:
• A replacement for the same product that you ordered will be shipped to you at our expense after we have received your returned product.
• The delivery time for the replacement product will be the same as stated for the original product you ordered.
• Replacement products are provided with the same Limited Warranty as the original product.
When a Refund is arranged:
• Refunds include all shipping and associated costs for the product that was not working on arrival.
• No refund will be given to you until Paradise Orchid Laboratories has received the original item back from you.
• Refunds will be issued by a credit via your credit card account or your PayPal account or by Direct Deposit to your bank account if you used Direct Deposit as your chosen payment method.
Some Products – Manufacturer Only Warranty
Some products may be sold through Paradise Orchid Laboratories that are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Paradise Orchid Laboratories will replace the item or issue a refund of your purchase price for that item.