1. Introduction
      1. The Eykamp Seeds website and incorporated online store, located at www.eykampseeds.com.au (Website), is owned, controlled and operated by Eykamp Seeds Pty Ltd (ABN 29 139 521 154) (Eykamp Seeds, we, our, and/or us).
      2. As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.
      3. If you do not agree with the Terms, you should stop using the Website and you should not purchase the Products. 
      4. We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.
  1. What We Do
      1. We operate business selling a variety of grass seed, gardening and other similar products (our Business).  
      2. Our Business sells the following products (the Products) via the Website and in-store via our third party stockists (Third Party Stockists): 
        1. grass seed;
        2. fertilizer; 
        3. garden tools; and
        4. other gardening products.
      3. We are able to supply the Products to you when you make a purchase online via the Website or in-store at one of our Third Party Stockists.  Our Products are available Australia-wide at the third Party Stockist listed on our website www.eykampseeds.com.au. 
      4. You may find out more about the Products we offer on the Website www.eykampseeds.com.au.
  1. More About Our Products 
      1. Please note the following regarding the Products:
        1. You have a right to use the Products for your own personal, non-commercial and private use only.
        2. You are restricted from using the Products as follows:
          1. producing or propagating seeds or plants from the Products;
          2. in a manner that infringers the rights in Australian Plant Breeder’s Rights Application No. 2008/183 in respect of CT5000;
          3. on-selling our Products to third parties unless we consent in writing;
          4. adapting our Products and selling them as your own; and
          5. commercialising the Products in any other way.
  1. Pricing And Ordering 
      1. We accept orders from customers within Australia only. We do not send the Products to customers outside Australia. 
      2. Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change Product and shipping pricing (if applicable) at our discretion and without notice. 
      3. Unless otherwise stated, all prices are in Australian Dollars.  GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total where legally required and you are purchasing within Australia.
      4. By placing an order via the Website or purchasing the Products at a Third Party Stockist (Order), you are offering to purchase the Products on and subject to these Terms. 
      5. While we try our best to fulfil all Orders placed via the Website and subject to us adhering to our obligations under these Terms, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products. If we cancel an Order which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
      6. An Order confirmation will be sent to you in acknowledgement of receipt of your Order placed via the Website. 
      1. To purchase Products via our Website, you must use a valid credit or debit card. We use Paypal, a third party payment processor, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment. 
      2. We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:
        1. Promotions apply to full priced items only;
        2. only one discount code can be used in connection with an Order;
        3. discount codes cannot be used in conjunction with any other offer;
        4. discount codes are not transferable; 
        5. discount codes must be used by the date specified (where applicable); 
        6. Promotions cannot apply retrospectively to previous Orders; and
        7. we may change or cancel any Promotion at any time and without notice within its sole discretion. 
  1. Delivery of Products 
      1. Your Products will be delivered to the address you provide when you place your Order via the Website.  We are not responsible for delivery of Products purchased in-store via a Third Party Stockist and you will need to arrange collection or delivery of the Products directly with the Third Party Stockist.
      2. When placing an Order via the Website, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you. 
      3. Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars and are inclusive of GST. 
      4. Any date or period of time given by us in relation to the delivery and shipping of Orders via the Website (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not delivered or shipped within the estimated time frame. 
      5. We kindly request that you inspect all Products upon delivery to confirm they are what you ordered. 
  1. Title And Risk
      1. Title in the Products comprising an Order is retained by us.  No Intellectual Property rights in any Products comprising an Order transfer to you under this clause, and we refer you to clause 9 below.
      2. To the extent permitted by law, all risk of loss or damage to the Products passes to you when the Order is delivered to you at your nominated delivery address or when you pay for the Products in-store at a Third Party Stockist.
  1. Intellectual Property
    1. General Website IP
      1. Eykamp Seeds is a trade mark of Eykamp Seeds Pty Ltd. Other Product and company names displayed on the Website may also be trade marks of their respective owners.
      2. We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). 
      3. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose. 
    2. Product IP
      1. By purchasing the Products from us or one of our Third Party Stockists, we hereby give you certain rights to use the Intellectual Property in the Products (Product IP) as follows and subject to clause 9.2(b):
        1. You may only use the Product IP for your own personal and non-commercial use to the extent necessary for you to obtain the benefit of the Products.
      2. Your rights to use the Product IP are restricted as follows:
        1. You are only permitted to use the Product IP personally, non-commercially and privately and not for the restricted purposes set out in clause 3(a)(ii).
        2. You are not permitted to use the Product IP for seed production, propagation or for breeding the same or other varieties of plants. 
  1. Australian Consumer Law
      1. Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  
      2. Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.
  1. Refund Policy For Change Of Mind

Subject to your rights under clause 8 above, we do not offer refunds for returns due to ‘change of mind’.

  1. Returns Policy For Faults And Incorrect Products Purchased Via The Website
      1. If you believe any of the Products purchased on or through the Website are not what you ordered, please notify us by email [email protected] (this is referred to as a Fault Notice) with the following information:
        1. customer name; 
        2. date of purchase; 
        3. order number;
        4. Product(s) being returned; 
        5. the outcome you request.
      2. So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 7 days of the Products being delivered to you. 
      3. Upon receiving a Fault Notice, we will promptly assess and discuss the Fault Notices with you, and where we agree there is an issue with your Product you are entitled (at your election) to a replacement Product to the same value or a full refund.
      4. Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of Products via our Website.
      5. Products purchased on or through the Website cannot be returned in-store.
  1. Returns Policy For Faults And Incorrect Products Purchased Via A Third Party Stockist
      1. If you believe any of the Products purchased from a Third Party Stockist are not what you ordered, please return the Products to the Third Party Stockist in-store and discuss your concerns with them.  You will be bound by the returns policy of the Third Party Stockist (subject to your rights under the Australian Consumer Law).
      2. Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of Products via a Third Party Stockist.
  1. Limitation Of Liability 
      1. To the extent permitted by section 64A of the Australian Consumer Law, our liability to you for any Loss or Claim suffered by you under these Terms including in respect of our failure to comply with any Consumer Guarantees, is limited to (at our election):

For goods to any one of the following:

        1. the replacement of the goods or the supply of equivalent goods; or
        2. the payment of the cost of replacing the goods or of acquiring equivalent goods.

For services to any one of the following:

        1. supplying the Services again; or 
        2. paying the cost of having the Services supplied again.
      1. Subject to clause 10 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:
        1. your use of, and reliance on, this Website (including all Content) and Products is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from: 
          1. your use of or reliance on this Website (including all Content) and Products, however incurred; 
          2. errors or omissions in the Website (or any part of it); 
          3. any material or information supplied on or removed from the Website including the Content; 
          4. your use of the Website (or any part of it) and the Products, including use in breach of the Terms;
        2. we do not make any representations, warranties or guarantees in relation to the supply of goods or services by us via the Website; and
        3. we hereby disclaim all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website and the Products.
  1. Product Disclaimers and Guarantees

Subject to clause 12, by purchasing any Products from our Website or via a Third Party Stockist, you agree and acknowledge that:

      1. The Products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our Products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise.
      2. We guarantee that the Products will have a minimum germination of 85% only if you follow the instructions accompanying the Products (Instructions) correctly.  It is your responsibility to ensure you read, fully understand and follow the Instructions correctly. If you do not follow the Instructions correctly, you may not achieve a germination of 85%.
      3. We guarantee that the seed content of the Products (excluding the coating on the seed) comprise 100% kikuyu seed.
  1. Personal Information
      1. We are committed to the transparent management of your personal information. 
      2. So that we can fulfil your Orders, we will need to collect certain personal information from you. 
      3. We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy (insert link). 
  1. Third Party Links 

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

  1. Indemnity 
      1. You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.  
      2. We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
      3. Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.  
  1. Governing Law
      1. The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.  
      2. If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. 
      3. This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
  1. Definitions
      1. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
      2. Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
      3. Force Majeure Event means an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected. 
      4. Intellectual Property means all rights in relation to trade marks, copyright, patentable inventions, plant breeder’s rights and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, techniques and confidential information.
      5. Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.