📜 Terms of Service

1. Use of Website

1.1 Eligibility

You must be at least 18 years old to make purchases on our website. By using this site, you represent that you are of legal age to form a binding contract.

1.2 Account Responsibility

If you create an account, you are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and up-to-date

2. Product Information & Availability

2.1 Product Descriptions

We strive to ensure all product descriptions, images, and information are accurate. However:

• Colors may vary due to screen settings
• Plants are living organisms and may vary slightly from photos
• We reserve the right to correct errors in descriptions or pricing
• Product availability is subject to change without notice

2.2 Pricing

All prices are in Australian Dollars (AUD) unless otherwise stated. We reserve the right to change prices at any time. Price changes do not affect orders already placed and confirmed.

3. Orders & Payment

3.1 Order Acceptance

Your order is an offer to purchase. We reserve the right to accept or decline any order for any reason, including:

• Product availability
• Pricing errors
• Fraud prevention
• Shipping restrictions

3.2 Payment Terms

• Payment is due at the time of order placement
• We accept PayPal and bank deposits
• You must provide valid payment information
• Your order will not be processed until payment is received

3.3 Order Cancellation

You may cancel orders before they are dispatched. Once shipped, standard return policy applies. We reserve the right to cancel orders due to unavailability or other circumstances.

4. Shipping & Delivery

Shipping terms are detailed on our Shipping Information page. Key points:

• Delivery times are estimates and not guaranteed
• Risk of loss transfers to you upon delivery to the carrier
• You are responsible for providing accurate shipping information
• International customers are responsible for customs duties and taxes
• We are not liable for delays due to weather, customs, or carrier issues

5. Returns, Refunds & Guarantee

Our return policy and plant guarantee are detailed on their respective pages:

• Returns & Exchanges Policy
• Plant Health Guarantee

Returns must be initiated within the timeframes specified. Refunds are processed using the original payment method.

6. Intellectual Property

6.1 Website Content

All content on this website, including but not limited to text, images, logos, designs, and software, is owned by Frangipani Queen and protected by intellectual property laws.

6.2 Permitted Use

You may:

• View and download content for personal, non-commercial use
• Share links to our website on social media

You may NOT:

• Reproduce, distribute, or modify our content without permission
• Use our content for commercial purposes
• Remove copyright or trademark notices
• Use automated systems to scrape or download bulk content

7. Prohibited Activities

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Use the website to harass, threaten, or defame others
• Submit false or misleading information
• Interfere with website operation or other users' experience
• Use automated systems without authorization

8. Limitation of Liability

8.1 Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Products are provided "AS IS" without warranties of any kind
• We do not guarantee uninterrupted or error-free website operation
• We are not liable for third-party content or external links
• Plants are living organisms and results may vary

8.2 Liability Cap

Our total liability for any claim related to products or services is limited to the amount you paid for the specific product or service. We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Plant failure due to improper care
• Damages beyond our reasonable control

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless Frangipani Queen, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the website
• Your violation of these Terms
• Your violation of any rights of third parties
• Your misuse of products

10. Privacy

Your use of our website is also governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your personal information.

11. Governing Law & Disputes

11.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles.

11.2 Dispute Resolution

Any disputes shall be resolved through:

1. Good faith negotiation between parties
2. Mediation (if negotiation fails)
3. Arbitration or court proceedings in Queensland, Australia

You agree to the exclusive jurisdiction of the courts of Queensland for any legal proceedings.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and other policies referenced herein, constitute the entire agreement between you and Frangipani Queen regarding use of the website and purchase of products.

15. Contact Information

For questions about these Terms of Service, contact us:

• Email: info@frangipaniqueen.com
• Phone: 0417 756 782
• Business Hours: Monday-Friday 8am-6pm, Saturday 9am-4pm AEST