Cute Block Plants Terms and Conditions of Sale

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Certain legislation in Australia may provide consumer guarantees or impose obligations on Cute Block Plants which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.

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1. Definitions

•    Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 as amended from time to time.
•    Contract means a contract for sale by Cute Block Plants to the Customer of the Products and/or services incorporating these Terms and Conditions.
•    Consumer Contract means a contract for the acquisition of goods or services as a 'consumer' as that term is defined in section 3 of the Australian Consumer Law.
•    Customer means the purchaser, person or legal entity identified in Cute Block Plants Quotation or Invoice.
•    Cute Block Plants-branded means products and/or toys sold by or by the Cute Block Plants brand or on their website
•    Cute Block Plants Terms & Conditions of Warranty means the Standard Cute Block Plants Terms & Conditions of Warranty which takes legal precedence in any event relating to warranty. 
•    Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Cute Block Plants.
•    Place of Delivery means the place designated by the Customer and agreed to by Cute Block Plants for delivery of Product.
•    Price means the price as per Cute Block Plants Quotation, Website Pricing and Order Confirmation and the latter will have precedence.
•    Product, Products & Product/s means the product or products as described in the Order Confirmation and may include Cute Block Plants-branded products, third party products and other Offerings.
•    Small Business Contract means a small business contract as defined in section 23 of the Australian Consumer Law.
•    Warranty means the warranty protection that comes standard with purchases from Cute Block Plants, as set out in the Cute Block Plants Terms & Conditions of Warranty document on Cute Block Plants website.
•    Third Party Products means products other than Cute Block Plants-branded.
•    Us means Cute Block Plants.
•    We means Cute Block Plants.

 

2. Formation of Contract

2.1 No Contract comes into existence until the Customer's order has been accepted by Cute Block Plants and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

 

2.2 The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Cute Block Plants acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.

 

3. Orders, Price and Payment

3.1 Unless credit terms have been expressly agreed by Cute Block Plants, payment for the Products and/or services must be made in full before physical delivery of Products and/or services.

 

3.2 The Customer will pay for all applicable shipping and handling charges.

 

3.3 The Customer will bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

 

3.4 Time for payment is of the essence. Cute Block Plants reserves the right to charge interest at the rate of 2% above the base commercial floating rate for Macquarie Bank in Sydney.

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3.5 Pricing on website can change at any time due to ever changing manufacturing costs, freight and exchange rate variations. We will not notify you of any price changes, check the current website pricing and cart totals before committing to purchase. We will usually update pricing early in the morning to avoid changes whilst on the website. 

 

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4. Title and Risk

4.1 Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. 

 

5. Delivery

5.1 Cute Block Plants will deliver the Products to the Place of Delivery.

 

5.2 For the efficiency of Cute Block Plants production and fulfilment procedures, it may be necessary for Cute Block Plants to deliver the Products by instalments in any sequence. Except as provided in clause 5.4, the Customer may not cancel the Contract where Products are delivered by instalments.

 

5.3 Any dates provided by Cute Block Plants for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer's location and availability of parts for the Products. For non-Consumer Contracts and non-Small Business Contracts, Cute Block Plants will not be liable for any delay in delivery of the products and/or services, howsoever caused and for Consumer Contacts and Small Business Contracts Cute Block Plants will not be liable for any delay in delivery of the Products and/or services which is outside of Cute Block Plants control.

 

5.4 The Customer may cancel an order for Products purchased under a Consumer Contract or a Small Business Contract if Cute Block Plants is unable to deliver the Products within a reasonable period from the estimated delivery date.

 

5.5 Cute Block Plants has a policy of on-going Product update and revision. As a result, Cute Block Plants may revise and/or discontinue Products at any time without notice.

 

5.6 Where Products ordered under a Consumer Contract or a Small Business Contract have been revised and/or discontinued, Cute Block Plants will supply revised or updated Products with the same or better functionality and performance of the Products ordered. The Customer accepts that Cute Block Plants policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.

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5.7 Delivery Costs & Approximate Delivery Times (Standard & Express through Australia Post)

We (Cute Block Plants) only use Australia Post to deliver our items, therefore our approximate delivery times are subject to their delivery times (see below). Pricing is based on the standard Australia Post satchel sizes. Our delivery costs are very competitive especially when ordering multiple items - you only pay the fee for the the largest item! Australia Post is the most reliable service for Australia wide delivery so e do not offer any other service. If you order on:

• a weekend day Saturday or Sunday - your order might not get shipped until Monday

• public holiday in Queensland - your order ill be shipped the next working day

• school holiday day in Queensland - your order might not be shipped that day, allow 1-3 days to be processed

We are located in the Sunshine Coast of Queensland, 1 hour north of Brisbane. Usually to Sydney, Melbourne it is about 2-4 days for "standard delivery" and in rare cases can be up to 5-7 days to Adelaide, Perth, Darwin, Hobart and other remote Australian locations. 

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Free "Standard Shipping" is automatically applied for orders over $120.00!

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5.7.a Standard Shipping Cost for Product Size - Approximate delivery time 2-7 Days

• TINY - $5.00

• SMALL - $15.00

• MEDIUM - $20.00

• LARGE - $27.00

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5.7.b Express Shipping Cost for Product Size - Approximate delivery time 1-2 Days

• TINY - $10.00

• SMALL - $20.00

• MEDIUM - $25.00

• LARGE - $35.00

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Here is a list of the products and their sizes, you can also check this by adding to cart and not fully checking out:

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6. Acceptance of Products

6.1 Unless the Customer notifies Cute Block Plants to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Cute Block Plants.

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6.2 New Cute Block Plants-branded Products (excluding Cute Block Plants co-branded products) purchased under these Terms and Conditions directly from Cute Block Plants by the Customer may only be returned in accordance with Cute Block Plants Return Policy.

 

6.3 Nothing in clause 6.1 or 6.2 affects a Customer's right to claim against Cute Block Plants for a faulty product under Cute Block Plants Standard Warranty, or under their rights under statute.

 

7. Warranty

7.1 Refer to our Terms & Conditions of Warranty for all Warranty information. In the event of any error or conflicting information regarding Warranty Terms in this document the website Cute Block Plants Terms & Conditions of Warranty takes precedence. 

 

7.2 Nothing in this clause 7 affects a Customer's rights under the Australian Consumer Law.

 

7.3 Cute Block Plants does not give any warranty that Products purchased under a Contract other than a Consumer Contract are fit for any particular purpose.

 

7.6 The Warranty is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description. The Cute Block Plants Terms & Conditions of Warranty applies in additional to all consumer guarantees under the ACL.

 

7.7 The Warranty does not apply to: 
(a) Cute Block Plants-branded goods purchased in an auction; 
(b) non-Cute Block Plants branded products, supplied by Cute Block Plants and forming part of a Product; and 
(c) goods which are not standard Cute Block Plants assemblies or configurations as defined on Cute Block Plants published price list;
(d) free gifted goods that might be added by Cute Block Plants with an order for a special event.

 

7.8 Non Cute Block Plants-branded products may be accompanied by their manufacturer's standard warranties. The Customer acknowledges that where support is required in relation to non Cute Block Plants-branded products it may be more efficient and expedient to seek support under the manufacturer's standard warranties, at least at first instance.

 

8. Liability

8.1 For goods and services which are not supplied under a Consumer Contract or Small Business Contract Cute Block Plants total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

 

8.2 The Customer will indemnify Cute Block Plants and keep Cute Block Plants fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase, use or performance of any Cute Block Plants products.

 

8.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Cute Block Plants will be subject to correction without any liability on the part of Cute Block Plants.

 

9. Use of Products

9.1 Cute Block Plants Products are designed for specific applications and purposes to work under certain operating conditions. These are set out on the Cute Block Plants website. Customer's use of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Cute Block Plants website may damage the Product. Such use may adversely affect the Customer's rights.

 

9.2 The Customer agrees to only use the Product in accordance with any manual and any specified operating conditions.

 

10. High Risk Application Disclaimer

The Products are not fault-tolerant and are not designed or intended for use in High Risk Activities. Cute Block Plants expressly disclaims any express or implied warranty of fitness for any and all High Risk Activities.

 

11. Force Majeure

Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.

 

 

12. Export Restrictions

The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software and/or programming, are not only subject to the export control laws and regulations of the Australia but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.

 

13. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Queensland, Australia and are subject to the non-exclusive jurisdiction of the courts of Queensland.

 

14. General

14.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Cute Block Plants. Any such unauthorised assignment will be deemed null and void.

 

14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.

 

14.3 No failure or delay on Cute Block Plants part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.

 

15. Returns

Cute Block Plants does not usually offer any change of mind offering, it is solely up to the discretion of Cute Block Plants if we will accept product/s for return. In any case this is offered only as credit for use on any other Cute Block Plants product/s, no money refunds or transfers will be accepted. In the event of any return the customer accepts that Cute Block Plants can and may charge a re-stocking fee of up to 30% of the paid purchase price (invoice price). In certain circumstances where Cute Block Plants may elect to offer a return, it will only be approved when all of the following conditions are met:
•    each product line from the original invoice is a single unit; and
•    the product was not specially ordered in for the customer; and
•    the customer paid standard price (ie. website pricing, for resellers standard discount off retail price) and/or did not receive “special” pricing; and
•    the product/s are shipped back to Cute Block Plants nominated address at the customers expense; and
•    the product/s are “as new” in perfect working condition and order with all originally supplied items including but not limited to: original box, operation manuals, all parts, etc; and
•    Cute Block Plants has authorised and/or approved the return in writing (electronic or otherwise). 

Refer to the website Returns Policy for more information. 

 

16. About Your Warranty

16.1 Your warranty will be valid:

(a) When you have paid the full price of the products covered by the warranty.

(b) When you have met the conditions of the Standard Warranty (refer 16.1a); and your customer obligations, which are detailed in the Cute Block Plants Terms & Conditions of Warranty have been met and confirmed by Cute Block Plants in writing.

 

16.2 To claim under warranty, email us at Cute Block Plants at info@cuteblockplants.com.au or use the chat on the website. Refer to the Cute Block Plants Terms & Conditions of Warranty on the website.

 

16.3 Your warranty will be valid for:
(a) As long as customer obligations have been met and confirmed by Cute Block Plants.

 

16.4 Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law (ACL). 

 

16.5 Your warranty rights are in addition to your statutory rights as a consumer.

 

16.6 This Warranty is provided by Cute Block Plants ABN 52703751743 in Australia: , please direct any questions or comments to:

 

Privacy Officer
Cute Block Plants

Email: info@cuteblockplants.com.au

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Cute Block Plants is business insured with Allianz and banks with Macquarie Bank Australia. -