Terms and Conditions

This page and the documents referred to on it informs you of our terms of use in relation to our our website: http://foundationandfriends.vendecommerce.com

Please read our terms and conditions carefully before you start to use the site. Any changes to our terms of use will be posted here. Please check back frequently to see any updates.

Foundation and Friends of the Botanic Gardens, Ltd. (Foundation & Friends) reserves the right to withdraw or amend the website or products or other materials within it without notice. We will not be liable if for whatever reason this website is not available at any given time. Occasionally we may deny access to part or all of this website. foundationandfriends.vendecommerce.com contains links to other websites which are not operated by us. We have no control over such sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Each such site will have its own terms of use with which you will need to comply with if you wish to use the site. Please read our privacy policy, which states how we use your information.

Acceptance of Terms
By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

You must not misuse or abuse this website or people who visit it. You must not: either encourage or commit any criminal offence; assist or cause transmission or distribution of a virus, trojan, worm, or post any other malicious material; hack into any feature of the website; cause data corruption; cause annoyance or offence to other users; infringe any other person’s proprietary rights; send any unsolicited advertising or promotional material; or behave in any way which might constitute a criminal offence under the Computer Misuse Act 1990 and it’s successors. Foundation & Friends will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Examples of misuse are any form of racism, discrimination based on sexual orientation, incitement to religious hatred; any type of extreme material; harassment; defamation and intellectual property offenses.
We will not be liable for any loss or damage from a DDOS attack, viruses or malware that may infect your computer equipment, software, data or other material due to your use of our website whether downloading material from the site or linking to any other website from it.

Intellectual Property
We are the owner or the licensee of all intellectual property rights in our site, its contents, and in the Foundation & Friends material published on it. Such works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
You are free to share the images and content with your friends for non-commercial purposes and you should make every effort to attribute the work to us where it is ours. You must not use any part of the materials on our site for commercial purposes without obtaining written permission from us prior to use.

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
Foundation & Friends will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the website. Foundation & Friends is not liable for death or personal injury arising as result of the negligence of Foundation & Friends, its employees or agents.

Linking to Our Website
You may link to a page within our website, but by doing so you agree that you’ll indemnify us and hold us harmless if any action is taken as a result of such a link. You may only link to a website owned or operated by you. Any link made is subject to the terms and conditions of use herein and we reserve the right to withdraw permission to link to our site without notice.

Ethical Policy
Integrity is an essential part of what we do at Foundation & Friends. We source from Australian artists and we strive to achieve the highest quality products.

Governing Laws
This agreement will be governed entirely by the laws of Australia and any user of the website hereby agrees to be bound exclusively by the jurisdiction of Australian courts without reference to rules governing choice of laws.

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. If you have any concerns about material which appears on our site, please email us: foundation.friends@rbgsyd.nsw.gov.au.

Terms of Sale
By placing an order via http://foundationandfriends.vendecommerce.com you’re offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

When you place an order, you’ll receive an acknowledgement e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we confirm to you that your goods have been dispatched. The risk in the goods will be yours when delivery has been taken. These terms constitute the whole contract and cannot be varied.

Pricing and Availability
The price you pay for the goods in your order is set out on the website on the date you place your order. For sales within Australia, all prices are inclusive of GST. Please note that where you receive goods from outside of either your country or your area of economic agreement (eg EC or NAFTA) you’re considered the sole importer of products and must comply with all laws and regulations, including any import duties and/or taxes of the country in which you are receiving the product. Your order will not be dispatched until we receive cleared funds. If your payment does not clear or is declined then we will not dispatch your order and no contract will have been formed between us for the supply of goods.
If we fail to describe the goods adequately (at our sole discretion) and you are not happy with the goods then we will happily give you a full refund.
All products are subject to availability – we may not be able to supply your order. If any products ordered and paid for cannot be shipped within a reasonable time we will happily give you a full refund (at our sole discretion or where Australian statute provides).

Returns are subject to the conditions set forth in our returns policy page.

On occasion we run discounts or promo codes. These are normally limited by time and will not be backdated or forward dated. Any special conditions relating to such codes will be issued at the time of the code.

The delivery method is indicated as part of the order confirmation process. Time is not of the essence of the contract and a delivery delay does not constitute a breach of the terms of this contract. This does not affect your statutory rights under law. We may use another carrier method at our sole discretion if the chosen method is unavailable.

Losses and Limitation of Liability
Foundation & Friendsliability in any way arising out of the subject of this contract shall not exceed the total value of the goods delivered and Foundation & Friends shall not, under any circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.