TERMS & CONDITIONS

Second and Sixth t/a The Pot Project (ABN 60 616 099 891)

1. Acceptance

a. By using this website, you agree to be bound by these terms and conditions.

b. You should review our terms carefully and if you do not agree to our terms, please do not purchase from or use this website. For clarity, if you continue to use this website, your conduct will constitute acceptance of the terms. It is the buyer's responsibility to read our Terms & Conditions carefully, which are outlined below

2. Definitions

a. “Customer” means the person/s buying the goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

b. “The Pot Project” means the company Second and Sixth Pty Ltd (ABN 60 616 099 891).

c. “Goods” means all goods or services supplied by The Pot Project to the Customer at the Customer’s request.

d. “Delivery” has the meaning given in these Terms and Conditions.

e. “Installation Specifications” has the meaning given in these Terms and Conditions.

3. Orders

a. Orders placed via this website are separate from our store orders. Customers are not able to pick up online orders from our store and/or return products to our store as the stock is held and processed from a different premises. Our online stock is processed via different systems and is allocated to a different cost centre to our store.

b. We may accept or reject an order, or any variation or modification of an order, at our sole discretion.

c. You can place an order by making the order on this website or by contacting us directly via email at hello@thepotproject.com.au

4. Pricing & Payment

a. All prices displayed on our website are in Australian Dollars (AUD) and, if GST applies, are inclusive of GST (unless otherwise stated). Any fees and charges (such as delivery fees and charges) are also inclusive of GST (where applicable and unless otherwise stated).

b. All pricing on our website is subject to alteration without prior notice. For clarity, we will not change the price of any goods after we accept your order.

c. For all orders the full price must be paid upon our acceptance of your order

d. If you fail to pay for your order, we will: (a) not commence processing the order until payment is received; or (b) not provide you with the goods or arrange delivery until we receive payment.

e. All payments must be made via a credit card provider, via PayPal, via an offered Buy Now Pay Later option or by electronic funds transfer to our bank account.

f. We reserve the right to conduct verification checks to make sure the transaction is not fraudulent via the phone number or email that is supplied. If an order is marked as fraudulent we will not process the order until we have sufficient verification.

5. Defects & Returns

a. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. As long as the product is still fit for purpose ( outlined in point 5 e) the product is not considered faulty.

b. The Customer must inspect the goods on delivery and must notify The Pot Project within 24 hours of acceptance of goods in writing of any evident defect/damage, shortage, or failure to comply with the description or quote. The customer must also include photos of the issues.

c. If the Customer fails to advise the Company in writing of any matter referred to in clause 5.a. within 24 hours of Delivery, the customer is deemed to have accepted the Goods are not faulty and according to the Customer’s order.

d. The Pot Project does not offer an ongoing warranty once the pots (Goods) are installed. This is due to the nature of the pots (Goods) and the exposure to the elements, plants, soil and water.

e. Fit for purpose means that the pots (Goods) are fit to do the job, i.e. hold soil for a plant. A pot (Goods) is still fit for purpose if it has natural deterioration or discoloration due to its use as a garden pot and/or exposure to its surroundings.

f. Should a valid warranty claim be made, The Pot Project is not liable for any costs associated or incurred by the customer as a result of removing & re-installation of faulty pots. An example of this would be the costs incurred by a customer to remove soil, discard the old pot, re-install new pot, re-install soil & plants.

g. The Pot Project does not reimburse postage or any associated costs when the customer has to return the product to our online distribution warehouse for the reason of “Change of Mind”. All associated costs in relation to returns such as packaging costs and shipping costs are the responsibility of the customer in this instance.

h. You agree to take full responsibility for any loss or damage which takes place in getting the order back to our distribution centre. We recommend professional packaging for all returns.

i. All online orders can only be returned to our distribution warehouse via courier with a tracking number. Returns at our retail store will not be accepted. Returns via customer drop off are not available.

j. The Pot Project is not liable for any costs associated or incurred by the customer as a result of removing & re-installation of faulty pots. An example of this would be the costs incurred by a customer to remove soil, discard of the old pot, re-install new pot, re-install soil & plants

k. Any returned goods that are seen as a change of mind and approved by us will incur a 20% restocking fee.

l. In any circumstance that an order is returned to us once approved and a refund is applied, shipping costs are not refundable ( excluding orders that arrive damaged).

6. Product Variations/Expectations

a. Most products we sell are handmade from various natural and manmade materials. As with all handmade products differences in shade tone, markings, veining, colour, size, texture, indentations and general appearance may occur. Our painted pots are hand-painted, and therefore variances may occur and are acceptable.

b. The customer acknowledged that the goods supplied may:

(i) Expand, contract or distort as a result of exposure to heat, cold, weather

(ii) Mark or stain when exposed to certain substances, such as fertilisers, cleaning products, additives in soil or water etc

(iii) Be damaged or disfigured by impact or scratching

(iv) Damage or disfigured due to incorrect installation methods

(v) Have non-structural crazing cracks

(vi) Have scuff marks or slight scratching

(vii) Have factory touch ups

c. In no way at all unless indicated are the pictures of our products on the website indicative of the exact piece that you will receive. We try our best for all of our products to be as true to the image as possible on our website. As most pieces are all made by hand including the embellishments etc, variations in colour and aesthetics are to be expected. Please contact us if you are concerned about small variations in products.

7. Delivery

a. You expressly acknowledge that the courier is a third-party delivery service. We do not control how they provide their services nor their delivery timeframes. However, we will use reasonable efforts to ensure that goods are delivered within a reasonable period of time.

b. All goods are sent insured (for transportation period and delivery), however we are not responsible for and will not pay for any loss, damages, costs or expenses related to the courier’s delivery services, including (but not limited to):

(i) any damage caused to the goods after the goods have been delivered at the customers premises

(ii) any damage caused to your property after the goods have been delivered;

(iii) if the goods are lost, stolen or misplaced after the courier has delivered to your property; or

(iii) if the courier fails to deliver the goods within a notified or estimated timeframe for delivery.

c. Shipping costs are calculated based on order weight, size and delivery location.

d. Delivery is to the curb-side only and does not include unpacking or removal of any packaging material.

8. Intellectual Property

8.1 Acknowledgment

You acknowledge and agree that:

a. this website is owned by us;

b. the information and material published on this website is subject to Australian intellectual property laws. By accessing this website, you agree to abide by all copyright notices and other restrictions provided in connection with the website and in any associated content; and

c. we own all of the intellectual property rights arising from or in connection with this website (including its content and any updates or modifications of same) and the goods (unless those intellectual property rights are owned by third party parties).

8.2 Restrictions

Unless we expressly agree otherwise in writing (and except as permitted by law):

a. nothing in this website may be construed as directly or indirectly granting any license or other right in connection with any information contained within this website, other than as expressly set out in these terms;

b. we do not grant or transfer to you any title, interest or rights in connection with this website or any content contained herein. However, we do hereby grant you a single, non-transferable, non-exclusive and revocable license to access this website and view the content contained herein in accordance with the terms;

c. you must not modify, copy, adapt, reproduce, distribute, transfer, transmit, display any aspect of this website as your own, upload to a third party platform, publish, transmit or otherwise distribute the content of this website in any way;

d. you must not reverse engineer, exploit to your advantage, reproduce, republish, license, create derivative works from, or sell any content contained on this website;

e. you must not use this website or any of the content contained herein to generate any revenue (including advertising revenue); and

f. you may not use any material on this website for your personal or a related parties benefit or advantage, unless such benefit or advantage is derived directly from the appropriate use and enjoyment of any goods purchased on this website.

9 General

9.1 Miscellaneous

a. The laws of the state of Victoria in the Commonwealth of Australia govern this agreement. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts in the state of Victoria.

b. The Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect.

c. Both parties represent and warrant that they have the power to enter into these terms and have obtained all necessary authorisations to allow them to do so.

d. No failure or delay by either party in exercising any right, power or privilege under these terms will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.

e. Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the terms enforceable, unless this would materially change the intended effect of the terms.

9.2 Assignment

a. You may not assign or otherwise transfer any or all of your rights and obligations under the terms without our prior written consent.

b. We may assign, transfer or novate any or all of our rights and obligations under the terms without receiving your prior written consent

9.3 Amendments

a. You acknowledge and agree that we may amend the terms from time to time by notifying you in writing. These changes will be deemed to take effect on and from the earlier of the following to occur:

(i) the date on which you accept such changes;

(ii) at such time as you make a further request for us to provide goods to you; or

(iii) in the case of Subscription Offerings, after a period of seven calendar days after we notified you of the amendments, provided that you have not objected to such changes in writing prior.

b. It is important that you regularly check the terms for any updates or amendments which may occur from time to time.