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CACTUS VISION
TERMS AND CONDITIONS

TERMS & CONDITIONS OF NURSERY SALE

1. The risk of loss and title for all items purchased from Cactus Vision pass to the buyer upon delivery to the carrier.

2. Unless stated otherwise, charges for Cactus Vision's products and services include Goods and Services Tax (GST) as required by the A New Tax System (Goods and Services Tax) Act 1999. Cactus Vision will provide a tax invoice for all purchases.

3. Cactus Vision strives to maintain accurate product information, including images, descriptions, stock availability, and prices. However, we reserve the right to cancel an order and/or reverse a payment if the order is based on incorrect information.

4. Delivery times for express parcels to rural and regional areas of Australia are based on delivery to the principal township's post office. Final delivery may take longer. Contact your local post office for more information.

4.1 Unless otherwise agreed upon, the buyer is responsible for the cost of delivery ex-Cactus Vision store. If Cactus Vision arranges for delivery beyond the store, the buyer will be charged Cactus Vision's current delivery fees. Cactus Vision reserves the right to choose the method of transport.

4.2 Estimated delivery dates and times are not guaranteed and Cactus Vision will make every effort to deliver at the requested time. However, any delays in delivery will not entitle the buyer to cancel the order or refuse delivery, nor will Cactus Vision be held liable for any losses or damages resulting from such delays.

4.3 Cactus Vision will not be held responsible for any delays or failures in delivery due to strikes, lockouts, unavailability of materials, accidents, labor disputes, shortages, natural disasters, transportation delays, government actions, or any other unforeseen events.

4.4 Cactus Vision's obligation to deliver will be fulfilled upon arrival of the goods at the buyer's designated delivery location, transport company, agent, or the address on the invoice. The buyer is responsible for unloading the goods upon delivery. If the buyer is unable or unwilling to accept physical delivery, Cactus Vision may charge a fee for any resulting delays or arrange for storage at the buyer's risk and expense, including all transportation, storage, and related costs. Cactus Vision may, at its discretion, make partial deliveries and each partial delivery will be considered a separate sale under these terms and conditions.

5. Prices quoted are valid for 30 days after the order date and may be subject to increases at any time at Cactus Vision's discretion.

5.1 Unless otherwise noted, prices do not include delivery.

6. Cactus Vision will accept returns in accordance with New South Wales and Australian law. Approved returns for merchandise and non-plant items must be made within 14 days of the invoice date and must be unused with new packaging.

6.1 Cactus Vision will not accept returns for plant material, but may, at its discretion, accept exchanges.

6.2 Custom orders or special requests are non-returnable and non-refundable.

7. The buyer is responsible for inspecting the goods upon delivery and raising any issues or damages with Cactus Vision within 48 hours.

8. Cactus Vision will not be held responsible for any damages or losses incurred during the handling or use of its products.

9. Payment is due in full at the time of order. Cactus Vision reserves the right to cancel any orders for which payment has not been received.

10. Cactus Vision reserves the right to modify these terms and conditions at any time. It is the buyer's responsibility to stay informed of any changes.

TERMS & CONDITIONS OF GIFT CARDS

1. Gift cards are non-refundable and cannot be exchanged for cash, except as required by Australian consumer law.

2. Gift cards are valid for a period of 5 years from the date of issue, after which they will expire and any remaining balance will be forfeited, unless otherwise required by Australian consumer law.

3. Gift cards may be used towards the purchase of products or services at the issuer's physical or online store, or at any other location where the issuer's gift cards are accepted.

4. The issuer is not responsible for lost or stolen gift cards, or for any unauthorized use of a gift card. If a gift card is lost or stolen, the issuer may, at its discretion, replace the card with a new card with the remaining balance, unless otherwise required by Australian consumer law.

5. The issuer reserves the right to change these terms and conditions at any time without notice, unless otherwise prohibited by Australian consumer law.

6. These terms and conditions are governed by the laws of the state of NSW, Australia. If any part of these terms and conditions is found to be invalid, unlawful, or unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions.

TERMS & CONDITIONS - LANDSCAPING SERVICES

1. These terms and conditions apply to all landscaping services provided by the issuer (Cactus Financial Group, trading as CACTUS VISION,) to the client (the "Client"). By accepting CACTUS VISION’S services, the Client agrees to be bound by these terms and conditions.

2. CACTUS VISION will provide the agreed-upon landscaping services to the best of its ability, using reasonable care and skill. The Client acknowledges that the results of landscaping services may vary due to factors such as weather, soil conditions, and the Client's property.

3. The Client agrees to provide clear and safe access to the areas where the landscaping services will be performed. The Client is responsible for any damages to CACTUS VISION’s equipment or personnel that are caused by the Client's failure to provide clear and safe access.

4. The Client is responsible for obtaining any necessary permits or approvals for the landscaping services, and for complying with all applicable laws and regulations.

5. The Client agrees to pay the agreed-upon price for the landscaping services in full upon completion unless otherwise agreed upon in writing. The Company reserves the right to charge additional fees for any changes or additions to the scope of work that are requested by the Client after work has begun.

6. The Client agrees to indemnify and hold Cactus Vision harmless from any claims, damages, or expenses that may arise out of the Company's provision of the landscaping services, except to the extent that such claims, damages, or expenses are caused by the Company's negligence or willful misconduct.

7. The Company extends a 3-month warranty on plants provided and planted by company staff, into suitable garden beds and pots supplied by Cactus Vision. Clients supplying their own pot may void warranty. Client planter boxes or supplied pots must be adequately built to maintain plant health and drainage, as plant death due to a poor foundation may void the warranty. Additionally, proper watering and care are essential; negligence, impact damage, or neglecting pest infestations may void the warranty.

If you notice pest infestations, please report them promptly so we can recommend a remedy. While Cactus Vision strive to ensure quality, as a retail nursery operating between wholesale nurseries and customers, occasional pest issues may arise. However, Cactus Vision offers remedies for pest removal when needed.

The soft-scape Cactus Vision warranty covers unforeseeable plant death(s) within the initial 3 months. Death is defined by the inability to rehabilitate a plant.
As a small but growing business, we appreciate your understanding as we aim to provide peace of mind. Should a plant perish within this period, we will replace it with a plant of equal value or one better suited to the environment, at no cost to you. Please note that call-out and labour fees still apply for warranty replacements, with a minimum call-out fee of $65. If two or more staff are required for the replacement; a labour fee may apply. Cactus Vision will wear the cost of plant waste removal for your deceased plant.

During this 3-month warranty period, the company does not offer free maintenance but gladly provide complimentary consultations for all client care needs during the 3 month adjustment period. It is important to note that soil compression will set in after 3-6 months and a top-up of dressing stones may be required at the clients cost. Furthermore, Cactus Vision is not liable for tile staining due to drainage holes. Soil tannins may mark tiles and will need to be washed off with a suitable product (such as water and vinegar) soon after exposure to avoid staining. After the tannins run through the client’s pot over the first few months, this should stop bleeding onto your pavers/cement areas.

TERMS & CONDITIONS FOR NURSERY PLANT HIRE

1. These terms and conditions apply to all nursery plant hire services provided by Cactus Vision (the "Company") to the client (the "Client"). By accepting the Company's services, the Client agrees to be bound by these terms and conditions.

2. The Client is responsible for the safe and proper use of the hired plants, and for ensuring that all operators of the plants are trained and competent. The Client will indemnify and hold the Company harmless from any claims, damages, or expenses that may arise out of the Client's use of the plants, except to the extent that such claims, damages, or expenses are caused by the Company's negligence or willful misconduct.

3. The Client will be charged for the hire of the plants at the rates agreed upon by the Company and the Client. The Client agrees to pay all hire charges in full upon receipt of the Company's invoice.

4. The Client will be responsible for any loss or damage to the hired plants, except for fair wear and tear. If the hired plants are lost or damaged, the Client will pay the replacement value of the plants as determined by the Company.

5. The Client will return the hired plants to the Company in the same condition as when they were received, except for fair wear and tear. If the Client fails to return the plants in a timely manner, the Client will continue to be charged for the hire of the plants until they are returned.

6. The Company reserves the right to terminate the hire agreement at any time and to repossess the hired plants if the Client breaches any of these terms and conditions.

These terms and conditions are governed by the laws of the state of New South Wales, Australia. If any part of these terms and conditions is found to be invalid, unlawful, or unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions