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OVERVIEW

Welcome to Potted & Co. (“we”, “us”, “our”). Potted & Co. operates this website and all related information, content, features, tools, and services (collectively, the “Services”). The Services are hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to offer products and services to you. These Terms of Service (“Terms”) govern your access to and use of the Services. By visiting, accessing, or using the Services, or by purchasing something from us, you agree to be bound by these Terms and by our Privacy Policy, Refunds & Returns Policy, and Shipping Policy. If you do not agree to these Terms, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that: You are at least the age of majority in your state or territory of residence; and You consent to allow any minor dependents to use the Services under your supervision. When creating an account or placing an order, you agree to provide current, complete, and accurate information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Your account may not be transferred, licensed, or assigned to any other person.

SECTION 2 – OUR PRODUCTS

We make every effort to display accurate product information, including descriptions, images, and colours. However, colours and appearances may vary depending on your device settings. All product descriptions, pricing, and availability are subject to change at any time without notice.We reserve the right to:Discontinue any product at any time;Limit quantities of any product;Restrict sales to any person, household, region, or jurisdiction.We do not warrant that any product will meet your expectations or match the appearance shown online.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. We may accept or decline any order at our discretion. An order is accepted only once payment has been processed and an order confirmation has been issued. Please review your order carefully before submitting it; cancellation requests may not be accommodated once an order has been accepted or fulfilment has begun. Orders are subject to our Refunds & Returns Policy. You warrant that purchases are for personal household use only and not for commercial resale or export, unless expressly permitted in writing by Potted & Co.


SECTION 4 – PRICES AND BILLING

Prices, promotions, and discounts may change without notice. The price applicable to your order is the price displayed at checkout at the time of purchase. Prices do not include taxes, shipping charges, or customs fees unless explicitly stated. You agree to provide accurate payment details and authorise us and our payment processors to charge all amounts owed, including taxes and shipping. You represent and warrant that: The payment information you provide is correct; You are authorised to use the payment method; Your payment method provider will honour charges incurred.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery estimates are provided for convenience only and are not guaranteed. Once an order has been transferred to the carrier, title and risk of loss pass to you. We are not responsible for: Delays caused by carriers, customs, weather, or other events outside our control; Delivery issues arising from incorrect shipping information provided by you. For further details, please review our Shipping Policy.

SECTION 6 – INTELLECTUAL PROPERTY

All content within the Services—including text, graphics, logos, images, designs, audio, video, and software—is the property of Potted & Co., its affiliates, or licensors, and is protected under Australian and international copyright, trademark, and intellectual property laws. You may use the Services only for personal, non-commercial purposes. You must not reproduce, distribute, modify, publicly display, create derivative works of, or otherwise exploit any content from the Services without our prior written consent. All trademarks, service marks, and trade names used in the Services are the property of their respective owners. You may not use any Potted & Co. trademark without written permission.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools as part of the Services. These tools are provided “as is” and “as available” without warranties or endorsements. You use third-party tools entirely at your own risk and should ensure you understand the terms offered by the relevant provider. Future new features or tools added to the Services will also be governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include links to third-party websites or content not maintained by us. We are not responsible for examining, evaluating, or warranting the accuracy or content of third-party sites. Your interactions with third-party websites are at your own risk, and you should review their policies before engaging in transactions. We are not liable for any damages or losses related to third-party content, products, or services.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Potted & Co. is powered by Shopify, but all sales made through the Services are solely between you and Potted & Co. Shopify is not responsible for any transactions, product issues, injuries, or losses arising from your use of the Services or purchases made through our store. You expressly release Shopify from any claims relating to your transactions with Potted & Co.

SECTION 10 – PRIVACY POLICY

Your personal information is handled in accordance with our Privacy Policy  and, where applicable, Shopify’s Privacy Policy. Because our Services are hosted on Shopify, information you provide may be stored or processed in other countries. By using the Services, you consent to the data practices described in these privacy policies.

SECTION 11 – FEEDBACK

If you submit Feedback, reviews, suggestions, testimonials, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, publish, and distribute that Feedback for any lawful purpose. You represent that you have all rights necessary to provide such Feedback and that it does not violate the rights of any third party. We may remove Feedback that we deem unlawful, offensive, or inappropriate.

SECTION 12 – ERRORS AND INACCURACIES

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, pricing, shipping, promotions, or availability, and to cancel orders affected by such inaccuracies—even after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may not use the Services For:

  • Unlawful purposes;
  • To violate any applicable laws or regulations;
  • To infringe intellectual property rights;
  • To harass, defame, or harm others;
  • To transmit harmful code or spam;
  • To collect personal information of others without consent;
  • To interfere with or circumvent security features.

We may suspend or terminate your access if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time and without notice. You remain liable for any amounts due up to the date of termination. Sections that, by their nature, should survive termination will continue in effect.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except where prohibited by law, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted, timely, secure, or error-free service. Where warranties cannot be excluded under Australian Consumer Law, they are limited to the minimum extent required.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Potted & Co., our directors, employees, affiliates, suppliers, and partners shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products. Nothing in these Terms limits your rights under the Australian Consumer Law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Potted & Co., Shopify, and their respective officers, employees, and agents from any claims arising out of your breach of these Terms or misuse of the Services.

SECTION 18 – PROHIBITED PLANT EXPORT & RESALE

Live plants and certain plant products sold by Potted & Co. may be subject to Australian biosecurity regulations. You agree not to export, resell, or otherwise distribute live plants outside your state or territory without the necessary permits. You agree that you are solely responsible for complying with any applicable laws relating to plant transport, resale, or distribution.

SECTION 19 – SEVERABILITY

If any part of these Terms is deemed unlawful, void, or unenforceable, that part shall be severed, and the remaining Terms will continue in full force.

SECTION 20 – WAIVER & ENTIRE AGREEMENT

Failure to enforce any part of these Terms does not constitute a waiver. These Terms, along with our published policies (including our Privacy Policy, Refunds & Returns Policy and Shipping Policy), form the entire agreement between you and Potted & Co.

SECTION 21 – ASSIGNMENT

You may not assign your rights under these Terms without our written consent. We may assign our rights at any time without notice.

SECTION 22 – GOVERNING LAW

The laws of Victoria, Australia, govern these Terms. You agree to submit to the exclusive jurisdiction of the courts of Victoria in respect of any dispute relating to the Services or these Terms.



SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time. Material changes will be communicated where required by law. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION

We make every effort to display accurate product information, including descriptions, images, and colours. However, colours and appearances may vary depending on your device settings. All product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to: Discontinue any product at any time; Limit quantities of any product; Restrict sales to any person, household, region, or jurisdiction. We do not warrant that any product will meet your expectations or match the appearance shown online.