Welcome to the Bosque website (the “Site”). “Bosque” refers to Bosque (Bosque Plants Pty. Ltd. ABN: 44 651 019 206), the company who owns and operates this website and its subsidiaries, related entities and assigns. By accessing, browsing or using this Site, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (Bosque) and You (the User). If You do not agree to these Terms, You must not use or access this Site.
1. USE OF THIS SITE
Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by Bosque: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or Bosque’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) Bosque reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) Bosque may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) Bosque may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by Bosque. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
2. PRODUCTS AND INFORMATION
Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, Bosque shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Bosque expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. Bosque does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for You and Bosque expressly excludes all liability in relation to this. Bosque reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
3. MEMBERSHIP
You must be over 18 to register for and use this Site. Bosque may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
4. PROPRIETARY RIGHTS
This Site contains materials that are owned by or licensed to Bosque. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Bosque. Bosque does not claim ownership of any content or materials You make available through the Site however You grant Bosque a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Bosque the right to use such content or materials in the manner specified in this Clause.
5. DISCLAIMER
Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Bosque expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. Bosque does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Bosque does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.
6. INDEMNIFICATION
You shall indemnify, defend and hold harmless Bosque and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.
7. LIMITATION OF LIABILITY
Notwithstanding anything else in these Terms, Bosque, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. Bosque’s total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Site.
8. POSTAGE
Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by Bosque.
9. CANCELLATION POLICY
Annual memberships may only be cancelled at the termination of the membership period and not during the term of the membership. Monthly memberships may be cancelled at any time. All membership cancellation requests should be directed to compile the cancellation form in your account. Please know that if you submit your cancellation request within 2 days of your subscription's billing date, the cancellation will only be processed 4 days after the billing date.
If you need to cancel your Bosque order then please contact us immediately. If your order is due to be dispatched within 24 hours, we will deduct the shipping cost as couriers are organised and paid for in advance. If your order has already been despatched unfortunately we can no longer refund your order.
10. RETURN POLICY
We do not refund or exchange items unless deemed faulty. Please contact hello@bosque.com.au within 4 days of receiving your order if your order is faulty. Please include the order number and reason for the return. Please do not send your purchased product back to the manufacturer. Bosque will not refund any opened, used, discounted, clearance or sales products or items or free gifts or samples.