Terms and Conditions

This website and domain name https://www.13seeds.com.au (the "Website") are owned and operated by 13 Seeds Pty Ltd ACN 614 347 269 234 ("we", "us" or "our").

By using this Website and in consideration of us providing you with access to this Website, you agree to the following Terms and Conditions, which, together with the Privacy Policy, governs your access to and use of this Website. We reserve the right to amend these Terms and Conditions (the "Terms and Conditions") from time to time.

These Terms and Conditions govern the sale of Products by us though the Website. Transactions on this Website are available only for purchases of our products ("Products") within Australia.

 

Your use of the Website to purchase Products, indicates your agreement to follow and to be bound by these Terms and Conditions, our Privacy Policy (available at https://13seeds.com.au/policies/privacy-policy) which is hereby incorporated by reference, other notices which may be posted on the Website, and all applicable laws and regulations. These are the Terms and Conditions on which we supply Products to you. Please read these Terms and Conditions carefully before placing an order through the Website.

 

These Terms and Conditions do not apply to wholesale customers. If you are a wholesale customer and have any questions or queries, would like some information about our Products or would like to place an order, please call us during business hours on 03 9052 4161 or email us at care@13seeds.com.au.

  1. Conditions of your order
    • You must be at least 18 years of age to place orders for Products through the
    • We do not accept orders by email or phone. You must place your order via our Website.
    • It is your responsibility to check that the information displayed in your "Cart" accurately reflects your selection before confirming your
    • The images of the Products on our Website are for illustrative purposes Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Products may vary slightly from those images, and packaging may change. Accordingly, to the maximum extent permitted by law we shall not be liable for any inaccuracy in the photographs of our Products displayed on the Website. If you have any questions about the Products, you may contact us by emailing care@13seeds.com.au or phoning us on 03 9052 4161.
    • Orders may be placed for personal use You must not use this Website to purchase Products for any commercial use whatsoever. Wholesale customers may contact us at care@13seeds.com.au to discuss purchasing options.
    • We have the right to cancel any order placed by you if you have been involved in a dispute concerning a prior order, if you place an order with a delivery address outside Australia, if we have reasonable grounds to suspect that you have violated these Terms and Conditions, if you appear to be engaged in fraudulent activities, or if we form the view that your intended use of the purchased Products is other than for personal use as permitted by these Terms and
  2. Confirmation of orders and order process
    • In order to process an order, you must select the Product you wish to buy and click the "Add to Cart" or "Buy it now" The selected Products will then be included in the "Cart" and the order can be placed by filling out the order form and accepting the Terms and Conditions.
    • Prior to submitting your order you must verify the accuracy of the information you have provided and make the necessary
    • The order is submitted when you click the "Pay Now" After placing an order, you will receive an automatic e-mail confirmation from us acknowledging that we have received your order.
    • Please note that clicking the "Pay Now" button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a Upon receipt, the order will be submitted to us for processing and may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by applicable law.
    • We have the right to refuse to accept any order at our discretion and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched and which contains the relevant tracking number.
  3. Availability

We reserve the right to change the assortment of items offered on the Website from time to time without prior notice to customers. We will not be liable if any Product is out of stock or otherwise unavailable.

  1. Prices and payments
    • The prices of our Products are indicated in Australian Dollars (AUD), inclusive of applicable taxes and excluding shipping costs if any. All orders are payable in Australian Dollars (AUD).
    • We reserve the right to modify the price of Products offered on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time the order was confirmed by you by clicking on the "Pay Now" button. We reserve the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate. Any payments made by you will be refunded in full in such circumstances.
    • We only accept payment through PayPal. You can use the PayPal payment gateway to pay by credit card or with your PayPal account.
    • Orders with shipping address other than a location within the Australia will not be processed. If you would like to purchase Products from outside Australia, please contact us on care@13seeds.com.au and we will confirm if this is possible.
  2. Title and Risk
    • Products ordered by you will remain our property until we have received full payment for the Products and you hereby grant a security interest in such Products until full payment has been
    • The risk in the Products passes to you when the Products are loaded at our warehouse for delivery to you.
  3. Delivery zone

Products purchased via the Website may only be delivered within Australia, subject to clause 4.4. The Products will be shipped to the delivery address specified during the ordering process.

  1. Shipping
    • During the ordering procedure, we will inform you of the standard time required for delivery and the various forms of delivery available for the Products purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs, if any, depend on the value of the order, size and weight of the Product and the delivery service chosen. We reserve the right to divide the order into partial shipments. In this case your credit or debit card will only be charged for a single shipment.
    • We deliver Products via third party couriers and postal carriers. We aim to process and pack your order within two business days of receipt however shipping times will vary depending on your location. If you have any questions relating to the progress of your order, please contact us on care@13seeds.com.au.
  2. Australian Consumer Law

Our Products come with Consumer Guarantees that cannot be excluded under the Australian Consumer Law (which can be found in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.  

  1. Refund Policy

Our Refund Policy is incorporated by reference into these Terms and Conditions. 

  1. Limitations of liability
    • With the exception of Consumer Guarantees as defined under the Australian Consumer Law, we exclude:
      • any term, condition or warranty that may otherwise be implied into these Terms and Conditions;
      • any liability to you for consequential or indirect loss.
    • Subject to clause 3, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited to the following:
      • In the case of Products, to:
        • the replacement of the Products or the supply of equivalent Products;
        • the repair of the Products;
        • the payment of the cost of replacing the Products or of acquiring equivalent Products; or
        • the payment of the cost of having the Products repaired.
      • In the case of services, to:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again.
      • Our liability in respect of a breach of or a failure to comply with a Consumer Guarantee will not be limited in the way set out in clause 2 if:
        • the Products or services supplied are Products or services 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
        • it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
        • the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
  1. Hemp Products

Our Products are produced from hemp seed farmed, processed, produced and sold in strict adherence of Australian laws relating to the farming, processing, production and sale of hemp. Our Products contain no active cannabinoids or CBD and do not contain psychoactive properties.

  1. Changes to these Terms and Conditions

We reserve the right to change these Terms and Conditions from time to time. You should check the Terms and Conditions before placing an Order.

  1. Intellectual Property
    • All material on this Website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to us. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or trade marks for any purpose, other than with our prior written consent, or as permitted by law. All our rights are reserved.
    • Trade marks used on this Website to describe third parties and their products are trade marks of those third parties.
  2. Third Party Content
    • The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  3. Disclaimer
    • The information contained in this Website is for general information purposes only.
    • We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, the Content for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
    • Information available on this Website should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any health regime or before taking any supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.
    • By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing our Website, you agree to indemnify us for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website.
    • 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 unavailable due to technical issues beyond our control.
    • You are responsible for protecting your computer systems. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Website.
  4. Your conduct
    • You must not:
      • use the Website in breach of any applicable laws or regulations;
      • use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of us);
      • use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      • interfere with, disrupt, or create an undue burden on the Website;

Without limiting the above, you will not and will not permit a third party to:

  • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
  • use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

If you believe that a user has breached any of the above conditions, please contact us.

  • We reserve the right to block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant us a non‑exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
  • We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than by us. We do not endorse any opinion, advice or statement made by any person other than by us.
  • You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
  1. Privacy Policy

Our Privacy Policy is incorporated by reference into these Terms and Conditions. By using the Website, you agree to the Privacy Policy.

  1. Severance

If any provision of these Terms and Conditions is found to be invalid by law, that provision is severed and the remainder of the Terms and Conditions remain valid and enforceable. 

  1. Governing law

These Terms and Conditions shall be governed by the laws of Tasmania and any disputes arising therefrom shall be submitted to the non-exclusive jurisdiction of the Tasmania.

  1. Waiver

If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

  1. Contact

If you have any queries regarding these Terms and Conditions, please contact us.