These Terms of Service (“Terms”) apply to your access to and use of the website www.plantfetishofficial.com and other online or mobile products and services (collectively, our “Services”) provided by Plant Fetish, (“Plant Fetish” or “we”). If you use our Services to purchase any of our products, or other goods we offer for sale via our Services (collectively, our “Products”), such purchase is governed by these Terms, including the Terms of Sale set forth in Section 11 below. If you purchase a gift card or redeem a gift card in connection with purchase of Products, the terms set forth in Section 12 below also apply to that activity.  

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By creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, do not use our Services. 

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. 

If you have questions about our Product or an order you have placed, please contact our Plant Fetish support team at contact@plantfetishofficial.com. If you have any questions about these Terms or our Services, please contact us. 

 

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. 

 

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. 

 

3. User Accounts and Account Security

You may be able to register for an account to access certain features of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. 

 

4. User Content

Our Services may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Plant Fetish. 

You grant Plant Fetish and any future subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on our Services, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others. 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice. 

 

5. Prohibited Content and Conduct 

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Products and our Services. You will not: 

• Sell, resell or commercially use our Products or our Services 

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct 

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity  

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors 

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services 

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner 

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services 

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services  

• Develop or use any applications that interact with our Services without our prior written consent; 

• Bypass or ignore instructions contained in our robots.txt file 

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms 

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that: 

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent 

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law 

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party 

• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences 

• Impersonates or misrepresents your affiliation with, any person or entity 

• Contains any unsolicited promotions, political campaigning, advertising or solicitations 

• Contains any private or personal information of a third party without such third party’s consent 

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content 

• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Rare Beauty or others to any harm or liability of any type 

Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. 

 

6. Ownership; Limited License

Our Services, including any text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Plant Fetish or our licensors and are protected under both Australian and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. 

 

7. Trademarks

Plant Fetish, the PF Monogram Logo, along with our other logos, product or service names, slogans, and the look and feel of the Services are trademarks of Plant Fetish and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

 

8. Feedback

You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Plant Fetish, our Products, or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Plant Fetish may treat Feedback as nonconfidential. 

 

 

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Plant Fetish’s designated agent as follows: 

Email Address: contact@plantfetishofficial.com

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10. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Plant Fetish does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. 

 

11. Terms of Sale

The Term of Sale set forth in this Section 11 apply to the purchase of Products using our Services. By purchasing a Product via our Services, you accept and agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, do not purchase Products via the Services.

 

A. Order Eligibility 

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Services.  

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B. Product Availability, Display, and Specifications 

Details of Products available for purchase are set out on our Services. All features, content, descriptions and prices of our Products described or depicted on the Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Services. For example, Products included on the Services may be unavailable or may have different attributes or ingredients than those listed. 

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Packaging and labeling may vary from that shown and may contain more and/or different information from that shown on the Services. You should not solely rely on the information presented on the Services and should always read labels, warnings, and directions for safe use on the labeling and package you receive before using any of our Products.

 

C. Purchase Restrictions and Quantity Limits 

You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale.  We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order. 

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D. Order Process; Errors 

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will send you an email acknowledging your order shortly after you place it, and our acceptance will be complete at the time we send such email. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any Products you purchase pass to you when the shipping carrier receives the goods from Plant Fetish.  Shipping options and availability of promotions like free shipping may not be available for all locations or address types. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments. 

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Services or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. 

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E. Price 

Prices shown on the Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price.  All prices on the Services are subject to change at any time without notice.  

 

F. Payment 

The Services give you several payment options. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized user of the credit card that is used to pay for our Products, (b) the credit card information you supply is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. 

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order or can be issued as store credit if you select that option. 

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G. Return Policy 

OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW.  

We hope that you will be pleased with Products you purchase using our Services. However, if for any reason you decide to return a Product that you purchased via our Services, you must notify Plant Fetish and return the Product to us within thirty (30) days from the date such Product was purchased. Plant Fetish will not accept returns of products purchased from other retailers. Any Plant Fetish-branded products purchased from other retailers are subject to that retailer’s return policies, and Plant Fetish disclaims any liability with respect to the return of such products. In addition, Plant Fetish will only accept a return if: 

• The Product(s) are returned from the country where it was originally shipped by Plant Fetish; and 

• Plant Fetish may decline a return if it fails to meet the criteria set forth above. Plant Fetish does not take title to returned Products until the Product is received by Plant Fetish. Once the Product you are returning has been received and processed, Plant Fetish will issue a refund to the original payment method used to purchase the Product or will issue you store credit, depending upon the option you selected when initiating the return. If the Product was purchased with a Gift Card (defined below), Plant Fetish will issue store credit for the refund amount. For items given or received as a gift, Plant Fetish can refund the payment method used by the purchaser or provide the recipient with store credit. The refund amount will include the purchase price of the returned Product and any associated sales tax. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded. 

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H. Return Procedure

To initiate a return, you must use our self-service portal available at this link. To fill out the return request, you will need to provide your order number (found in your order confirmation email) and the shipping post code associated with the order. You can then select which Product(s) you wish to return and the options for refund (if applicable), including a refund to your original payment method or store credit.  

After you file the return request, you will be provided with a pre-paid shipping label to use to return the Product(s). Note pre-paid shipping labels will not be provided for P.O BOX addresses.

If applicable, Plant Fetish will initiate the refund associated with your return upon receipt of the returned Product(s). Please note that the time it takes for a refund amount to appear on your billing statement may differ based on your payment provider and billing cycle.  

If, in our reasonable determination, a Product shipped to us is ineligible for return, we will not be responsible for returning that ineligible Product to you. Plant Fetishhas no obligations with respect to such ineligible Products.  

 

12. Gift Card Terms

This Section 12 applies specifically to your use of gift cards (“Gift Cards”) to purchase Products via our Services. By purchasing or redeeming a Gift Card, you accept and agree to be bound by these Gift Card Terms. If you do not agree to the Gift Card terms set forth in this Section 12, do not purchase or redeem Gift Cards on our Services. 

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A. Purchase 

Gift Cards may only be purchased through our Services. A valid email is required to send and receive a Gift Card. Coupons, promo codes and other discounts we may offer may not be available in connection with purchasing Gift Cards. 

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B. Redemption 

Gift Cards may be redeemed solely for Products Plant Fetish offers for sale on our Services. Purchases made using a Gift Card may be subject to tax. If the purchase amount, including tax, is greater than the value of the Gift Card, you are responsible for any balance owed. Gift Cards may be redeemed only by customers who reside in Australia. 

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C. Expiration; Restrictions 

Gift Cards do not expire. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances may not be transferred to another Plant Fetish customer.  

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D. Returns; Risk of Loss 

If a purchase made with a Gift Card is returned, the refund amount will be issued to the individual initiating the return via store credit. See our Return Policy for additional information. The risk of loss and title for a Gift Card passes to the purchaser upon electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible for Gift Cards that are undeliverable or are not received due to customer failure to enter a valid or accurate email address. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.

 

E. Termination 

We reserve the right to suspend or terminate your ability to purchase, receive and/or use Gift Cards if you violate this Section 12 or another provision of these Terms. We may also suspend, terminate, or otherwise limit access to your Gift Cards if we suspect fraudulent, abusive or unlawful activity associated with your purchase, account and/or your use of Gift Cards. 

 

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Plant Fetish and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Plant Fetish Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Products or Services. You will promptly notify Plant Fetish Parties of any third-party Claims, cooperate with Plant Fetish Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Plant Fetish Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Plant Fetish or the other Plant Fetish Parties. 

 

 

14. Disclaimer of Warranties and Release

Your use of our Products or our Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Plant Fetish does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Plant Fetish attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 

To the fullest extent permitted by applicable law, you release Plant Fetish and the other Plant Fetish Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) your use of our Products or Services; (b) disputes between users of our Services; and (c) the acts or omissions of third parties.  

 

 

15. Limitation of Liability

To the fullest extent permitted by applicable law, Plant Fetish and the other Plant Fetish Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Plant Fetish or the other Plant Fetish Parties have been advised of the possibility of such damages. 

The total liability of Plant Fetish and the other Plant Fetish Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to purchase Products via our Services in the 12 months preceding the claim. 

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Plant Fetish or the other Plant Fetish Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

 

16. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in Australia and other countries, where you may not have the same rights and protections as you do under local law. 

 

 

17. Dispute Resolution; Binding Arbitration

Please read this Section 17 carefully because it requires you to arbitrate certain disputes and claims with Plant Fetish and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and Plant Fetish agree that any dispute arising out of or related to these Terms, our Products, or our Services is personal to you and Plant Fetish and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

Arbitration of Disputes. Except for small claims disputes in which you or Plant Fetish seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Plant Fetish seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Plant Fetish waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Products, or our Services resolved in court. Instead, for any dispute or claim that you have against Plant Fetish or relating in any way to our Products or Services, you agree to first contact Plant Fetish and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Plant Fetish by email at contact@plantfetishofficial.com or by certified mail addressed PO Box 122, Morayfield QLD 4506. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Plant Fetish cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration.

 

18. Governing Law and Venue

Any dispute arising from these Terms and your use of the Products or Services will be governed by and construed and enforced in accordance with the laws of Australia except to the extent preempted by AUS federal law, without regard to conflict of law rules or principles (whether of Australia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Australia. 

 

19. Modifying and Terminating our Services

We reserve the right to modify our Products or Services or to suspend or stop providing any of our Products or all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. 

 

20. SMS Program

This section applies to you if you choose to participate in Plant Fetish’s short message service program (“SMS Program”). By participating in the SMS Program, you agree to receive recurring automated promotional and personalized marketing text messages from Plant Fetish, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other phone number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

Message and data rates may apply to any messages sent to you from us and to us from you. Message frequency will vary. Plant Fetish reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Plant Fetish also reserves the right to change the short code or phone number from which messages are sent.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.  We are able to deliver messages to the following mobile phone carriers: Major carriers: Telstra, Optus, Vodafone. Plant Fetish, its service providers and the mobile carriers supported by the SMS Program are not liable for delayed or undelivered messages.

Cancellation. You can cancel your participation in the SMS Program at any time. Just text the keyword "STOP" to our short code. After texting STOP to our short code, will send you a text message to confirm that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Plant Fetish and its service providers will have no liability for failing to honor such requests.

Help. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you text HELP to the short code, we will respond with our customer care information.  

Customer Care. If you have any questions about the SMS Program, contact our customer care team at contact@plantfetishofficial.com.

 

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 

 

22. Miscellaneous

The failure of Plant Fetish to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.