Terms and Conditions

Terms Of Service

Overview

This website (Website) is operated by 13 Seeds Ltd ABN 28 614 347 269 (13 Seeds). Throughout the Website, the terms “we”, “us” and “our” refer to 13 Seeds. 13 Seeds offers this website, including all information, tools and Services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (Terms of Service or Terms), including those additional terms and conditions and policies referenced in these Terms and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our Products (Products) and Services to you.

  

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  

Section 2 - General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

 

Section 4 - Modifications To The Service And Prices

Prices for our Products are subject to change. We will provide notice by email as soon as reasonably practical before the changes take effect. After that we will apply the revised pricing for your subscribed Products to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or cancel your subscription before items are delivered under the new pricing plan.

We reserve the right at any time to modify or discontinue the Service, or any part of it without notice at any time.

We are not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Section 5 - Products Or Services (if applicable)

Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Website is void where prohibited.

Our Products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Save as expressly set out in in these Terms of Service, we do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Section 6 - Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

Section 7 - Subscription

After placing your order for a subscription with us, you will receive an email from us acknowledging that we have received your order once your payment has been processed.

Your subscription will relate only to the Product/Services to which you have ordered/subscribed. Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms of Service.

Your subscription to our Products / Services consists of an initial charge and is then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges monthly without further authorisation from you until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act. You can change your payment details via our Website.

By subscribing you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as described below. The subscription amount and billing interval on the subscription terms set out when you subscribe. You can cancel your subscription at any time. However, if you cancel your subscription after your cut-off time you will still be charged for, and receive, a final order. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

Following any promotional subscription period, your subscription will be automatically extended for at the then-current non-promotional subscription rate. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

You may cancel your subscription at any time by editing your account details via our Website, however, an upcoming order can only be cancelled prior to your monthly cut-off. The cut-off for cancellations is 72 hours before your monthly order is processed.

If you cancel your subscription after the monthly cut-off for your order, you will still be sent a final order on the scheduled delivery date; your subscription will not be renewed after this period. Note, as there is production cost involved we reserve the right to refuse any refunds for any cancellations after your monthly cut-off and during the production stage of your order.

You may cancel your second order before your monthly payment date by logging in to your account and editing your account settings via our Website. We have no obligation to cancel your upcoming order if you breach this cut-off date for your cancellation request.

You may pause your subscription at any time by editing your account details via our Website. If you pause your subscription after the monthly cut-off for your order, you will still be sent a final order on the scheduled delivery date, after which your subscription will be paused indefinitely, until you choose to resume it.

You must promptly advise us of any changes to your information provided to us as part of the customer registration process. Changes to address details and/or delivery instructions must be communicated before your monthly cut-off. Changes to payment details must be communicated prior to your monthly cut-off. We will not be liable for any charges you incur as a result of out of date payment information. If we incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.

  

Section 8 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services are subject to these Terms of Service.

  

Section 9 - Third-Party Links

Certain content, Products and Services available via our Service may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

 

Section 10 - User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

Section 11 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

  

Section 12 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Section 13 - Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Section 14 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will 13 Seeds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.

  

Section 15 - Indemnification

You agree to indemnify, defend and hold harmless 13 Seeds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  

Section 16 - Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Service, such determination does not affect the validity and enforceability of any other remaining provisions.

  

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, or any part of it .

 

Section 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service must not be construed against us.

 

Section 19 - Governing Law

These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the State of Tasmania, Australia.

 

Section 20 - Changes To Terms Of Service

You can review the most current version of these Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

Section 20 - Returns Policy

If you need to cancel your order before it was shipped out please email us on care@13seeds.com.au and we will cancel your order.
If your order has been shipped out already, and for any reason you are not happy with it, we will gladly refund you for your any items that were unopened and sent back to us. We won't be able to refund your shipping costs to and from you.
If the product is faulty we will refund your order or send out a replacement if you wish. Please email us on care@13seeds.com.au with any issues.


Section 21 - Delivery Policy

After you place your order and your payment is received, we will aim to get the products out to you during the next business day. You will receive confirmation email with you receipt and a tracking number. We use various courier delivery companies so delivery time is not something we can control but you should expect your order within 7 business days. If you don't get your order by then please reach out to us via care@13seeds.com.au and we will gladly help you track your order.


Section 22 - Contact Information

Questions about the Terms of Service should be sent to us at care@13seeds.com.au.