PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Forest Heart ecoNursery’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Forest Heart ecoNursery and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Forest Heart ecoNursery’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential precondition to you using our website that you agree and accept that Forest Heart ecoNursery is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Forest Heart ecoNursery’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Forest Heart ecoNursery

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Forest Heart ecoNursery handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Forest Heart ecoNursery.

LINKS TO OTHER WEBSITES

Forest Heart ecoNursery may from time to time provide on the website, links to other websites, advertisements and information on those websites for your convenience. These linked sites are not under our control, and we do not accept responsibility for the conduct of companies linked to our website.

DISCLAIMER

To the fullest extent permitted by law, Forest Heart ecoNursery absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Forest Heart ecoNursery gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the website or as to the correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Forest Heart ecoNursery to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

We are committed to the protection of personal information. We understand that visitors and users of this website are concerned about their privacy, and the confidentiality and security of any information that is provided. Some information is automatically collected whenever anybody accesses this website. Additional information may be voluntarily supplied through on-line forms and e-mail for specific service delivery purposes.

We will only use such information collected for the purpose for which it was supplied and such information will not be disclosed to any third party unless required by law. When you visit this website our internet Service Provider's standard web logs record anonymous information for statistical purposes only, including: date and time of your visit to the site, pages you accessed, type of browser you are using, referring site and internet address of the server accessing our site.

Please read our separate Privacy Policy carefully.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Forest Heart ecoNursery may be required, in certain circumstances, to disclose information in good faith and where Forest Heart ecoNursery is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Forest Heart ecoNursery expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or other form of electronic retrieval system.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Forest Heart ecoNursery that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

COOKIE NOTICE:  Cookies are data that a website transfers to your hard drive for record-keeping purposes. Cookies are industry standard and used by most websites, including ours.  Cookies facilitate access to and use of our website and allow us to customise our website to the needs of our users. The cookies do not involve any sensitive information (e.g. name, or address), instead containing store-specific details (e.g. cart items, and website visits). If your internet browser is set to refuse cookies, you may miss out on personalised recommendations, or have difficulty storing items in the cart. If you do not want information collected through the use of cookies, most browsers allow you to deny or accept the cookie feature. However, in order to get the best shopping experience from Forest Heart ecoNursery, we encourage you to set your web browser to allow cookies to provide you with our on-line services.