TERMS & CONDITIONS

Shop Terms & Conditions

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Welcome to Seed Medicine Garden —we’re grateful that you’re here! In order to avoid confusion and to clarify the rights and obligations between "Seed Medicine Garden" (or “we” or “us”) and its online shop customers and website visitors (“you”), we require that all purchasers and visitors read and agree to these terms and conditions (the “Terms of Use”).
Please read these Terms of Use carefully. By using or accessing the Seed Medicine Garden Online Shop (collectively the “Site”), you agree to these Terms of Use.

 

1. Payment for Online Orders

All online sales must be made by credit card or Paypal. Seed Medicine Garden accepts payment from the following credit cards: Visa, Mastercard, American Express and Discover. Acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards.

Once an order is submitted, Seed Medicine Garden cannot change, modify or combine an order or change a method of payment.

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2. International Orders

Seed Medicine Garden offers limited international shipping. Please note that international orders may take up to a month to arrive and may be subject to additional restrictions or duties, which vary by country and the contents of your order. If you are placing an order from outside of Australia, it is your responsibility to understand your country’s restrictions, duties and any special requirements in order to receive imported goods and to ensure that your orders are in compliance with such requirements. If your country restricts packages based on the value of the contents, you must ensure that each order you place is within this limit. If you wish to order products that exceed that value, you should place separate orders, each within the limit. Seed Medicine Garden has no control over additional fees and is not responsible for confiscated items, delayed orders, or any additional duties or taxes that may be imposed by your country’s customs office or other government agencies.

Please note that all products are priced and orders will be processed in AUD currency.

Packages returned to Seed Medicine Garden due to a failure or refusal to pay the duties or taxes are ineligible for a refund of shipping fees. Please see our Shipping & Delivery page for additional information about shipping restrictions. The terms set forth on the Shipping & Delivery page are incorporated herein by this reference.

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3. Apothecary

Due to their custom nature, our herbal goods are non-refundable unless your order arrives damaged or incorrect. If items are damaged in transit or you receive an incorrect order, please notify connect@seedmedicine.garden and we will replace them. If you have any issues with the quality of your goods, please contact us immediately and we will discuss potential replacement if available, or refund the purchase price.

Reports must be made within 2 weeks of discovering the problem and within 1 year of purchase.

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4. General Disclaimer and Limitation of Liability

Except as expressly provided in these Terms of Use, Seed Medicine Garden makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Floret be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Seed Medicine Garden has been advised or is aware of the possibility of such damages.

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5. Notices

When you register with Seed Medicine Garden and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Seed Medicine Garden. You consent to receive notices electronically by way of transmitting the notice to you by email.

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6. Privacy and Security

Please refer to Seed Medicine Garden’s Privacy Policy for more information on how your information may be protected and stored.

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7. Commitment to Accessibility

Seed Medicine Garden is committed to to continuing to update this site so that its content, browsing and shopping experience may be accessible to everyone.

Being disabled ourselves, our resources (ie. spoons) are very limited but as we gain more employees and resources, soon we hope to be able to review the site using Web Content Accessibility Guidelines (WCAG) version 2.1, level AA standard guidelines with a focus on accessible navigation, correct alt text usage, readability of messaging/alerts, product content containers, and colour contrast. ​

For now, if you are having difficulty viewing or navigating the content on this site, or notice any content, feature, or functionality that you believe is not accessible to people with disabilities, please email us connect@seedmedicine.garden. We would be happy to assist you in completing an order or answering questions in the way that works best for you.

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8. Third-Party Services

Seed Medicine Garden shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Seed Medicine Garden reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.

 

9. Indemnity

You agree to indemnify and hold Seed Medicine Garden and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any products and services that we may provide via the Site, and (iv) your conduct in connection with the Site. Seed Medicine Garden reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.

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10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. The Site is based in Australia, and we make no claims concerning its accessor use outside of Australia. If you access the Site from outside of Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

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11. Dispute Resolution

In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Australia governed by The International Arbitration Act 1974 (Cth) ("IAA"), under the South Australian legislation: Commercial Arbitration Act 2013 (SA).
Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the IAA. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Adelaide, South Australia. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Seed Medicine Garden from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

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12. Waiver of Class Action

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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13. Miscellaneous Terms

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

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14. Website content and photography:

All photographs, script and content are the sole property of the Seed Medicine Garden and are not to be used in any way. 

In the About Keitha section of the site there are photographs of Keitha Thuy Young by Millie of Oak Tree Road   www.oaktreeroad.com.au  Photographs used with permission of the photographer and client. As well as two photographs taken by Kate Potter of Keitha Thuy Young. Photograph used with permission of the photographer and client.