Terms & Conditions
Date last updated:β―11 September 2023Β
These Terms and Conditions of Service and Sale relate to the use of and the purchasing of anything from the Flora & Fauna website (www.floraandfauna.com.au), or any associated platforms. By accessing our website, registering an account or purchasing from our website you automatically agree to these Terms and Conditions.Β
PartiesΒ
βFlora & Faunaβ, βweβ, βusβ or βourβ refer to βThe Future Collective Company Limitedβ, which is part of the βHealthPost Groupβ, trading under the name βFlora & Faunaβ, being a company incorporated in, existing and operating under the laws of New Zealand. βYouβ or βYourβ refers to you as the customer and holder of a Flora & Fauna account or otherwise the user of our website and products.Β
Use of our websiteΒ
Your use of the website, opening an account with Flora & Fauna and/or the ordering of anything from Flora & Fauna creates a legally binding contract between you and Flora & Fauna that is subject to these Terms and Conditions.Β
Governing lawΒ
The use of the website, opening an account with Flora & Fauna and/or the ordering of anything from Flora & Fauna is subject to the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Flora & Fauna.Β
Warranties & LiabilityΒ
Except as expressly stated in these Terms and Conditions or on Flora & Faunaβs website, Flora & Fauna makes no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any product purchased by you from Flora & Fauna beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumerβs rights and remedies under the Competition and Consumer Act 2010.Β
Subject to your rights and remedies under the Competition and Consumer Act 2010, to the fullest extent permitted by law, Flora & Fauna will not be liable for any:Β
- Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website; and
- Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).
To the fullest extent permitted by law, Flora & Faunaβs maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to Flora & Fauna in respect of the product excluding any amount paid for delivery.Β
You agree that if you are a βconsumerβ under the Competition and Consumer Act 2010 and you acquire any product for the purposes of a βbusinessβ (as those terms are defined in the Competition and Consumer Act 2010), the provisions of the Competition and Consumer Act 2010 are excluded in relation to those products. Otherwise, these Terms and Conditions are to be read subject to the terms of the Competition and Consumer Act 2010.Β
No warranty for use of websiteΒ
While Flora & Fauna endeavours to ensure that no computer virus or malicious software is contained on our website, Flora & Fauna makes no warranty as to your use of the website and Flora & Fauna will have no liability for any damage to your computer or other hardware as a result of your use of the Website.Β
Limitations & permissionsΒ
www.floraandfauna.com.au contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.Β
You may not make use of any logo or trademark displayed on the website without the express written consent of Flora & Fauna. You may link to the website from any other website provided that you agree to immediately remove that link if requested by Flora & Fauna.Β
Alteration of Terms of useΒ
Flora & Fauna reserves the right to change these terms of use at any time, its discretion with or without further notice, and without any explanation of justification for such change.Β
Links to 3rd party websitesΒ
The website contains links to websites that are not controlled by Flora & Fauna (Third Party Websites). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). Flora & Fauna makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.Β
PrivacyΒ
We collect, hold and protect the personal information you share with us in accordance with ourβ―Privacy Policy. Please read this for detailed information regarding our approach to your privacy.Β
Youβre in control of your personal information, and can ask for us to share this with you or delete this at anytime. To do this, simply emailβ―info@floraandfauna.com.auβ―and weβll action your request within 20 workings days.Β
Consent to use cookiesΒ
Our website uses cookies to give you the best user experience. Read more about the use of cookies in ourβ―Privacy Policy.Β
Consent to receive email communicationsΒ
By using our site, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.Β
You can opt to receive Flora & Fauna promotional emails from the form at the bottom of the homepage of our website, when you place an order, or when you register for a Flora & Fauna account. You can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you). We allow you to unsubscribe from all, or chosen promotional email newsletters (or re-subscribe if you change your mind and want to start receiving these again).Β
If you unsubscribe from promotional emails:Β
- Your account will still be valid, and youβll retain any Flora & Fauna Rewards, andΒ
- You will continue to receive Flora & Fauna transactional emails regarding site usage, orders and account status.Β
We allow you to unsubscribe from a small set of transactional email reminders relating to your Rewards. Simply click on the link of any promotional emails that we send you to manage your preferences. You cannot access the manage preferences page from transactional emails or My Account on our website.Β
You can choose to receive no emails from Flora & Fauna and join our email blacklist. Simply contact us atβ―info@floraandfauna.com.au. However, please note, this means that you will not receive any order confirmation emails or delivery updates. Once you have requested to receive no emails from us, we cannot reverse this.Β
Consent to receive browser notificationsΒ
When you visit our site for the first time, we will ask you whether you would like to receive browser notifications from Flora & Fauna. You can unsubscribe from browser notifications at any time by clicking on a notification and accessing your notification settings as per your internet browser software.Β
Mobile terms of serviceΒ
The Flora & Fauna mobile message service (the "Service") is operated by βThe Future Collectiveβ, trading under the name βFlora & Faunaβ(βweβ, or βusβ). Your use of the Service constitutes your agreement to these terms and conditions (βMobile Termsβ). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.Β
By consenting to Flora & Faunaβs SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Flora & Fauna through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., Rewards and cart reminders).Β
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Flora & Fauna. Your participation in this program is completely voluntary.Β
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.Β
You may opt-out of the Service at any time. Text the single keyword command STOP to Flora & Fauna or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Flora & Fauna mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.Β
For Service support or assistance, text HELP to Flora & Fauna or emailβ―info@floraandfauna.com.au.Β
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.Β
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.Β
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.Β
We respect your right to privacy. To see how we collect and use your personal information, please see ourβ―Privacy Policy.Β
Accuracy of informationΒ
We aim to list current and accurate product information at all times. Every attempt has been made to list the ingredients, and attributes for each product to the best of our ability. However, it is possible that errors may occur and the information presented isΒ be used as a general guide only and is not guaranteed. To the fullest extent permitted by law, Flora & Fauna does not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by lawΒ
The information shared regarding products and their features are compiled with care and attention. However the accuracy relies on correct information and transparency from our supplier partners. We have strict guidelines that we communicate to our suppliers but subject to our obligations required by law, are not responsible if supplier information is revealed to be incorrect.Β
Please be aware that the ingredients in our products may change or vary from time to time. We rely on our suppliers to tell us if they make any changes to these, and this may take a few days to update on our site. We recommend you refer to the ingredient list on the product package you receive for the most up to date list of ingredients. We also recommend you review product ingredients when making a repeat order, as ingredients may change without this visually being obvious on our site, or on the front of product packaging.Β
Despite every effort to provide accurate images of each product's color and design, actual colors and design may vary slightly due to different device screen settings, the lighting of the image location, slight differences in product finishes over time, and other factors. Flora & Fauna is therefore not liable and not responsible for any color or design differences, except for factory faults. In purchasing from Flora & Fauna, you agree to accept the small risk that there will be a slight variation between the actual color and design, and the representation on our website.Β
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PricingΒ
The prices displayed on theβ―www.floraandfauna.co.nzβ―website are quoted in USD dollars and are inclusive of Australia GST. Australia GST is applicable to all orders delivered within Australia.Β
Any orders delivered to New Zealand or Singapore are subject to 15% New Zealand GST, or 8% Singapore GST respectively. New Zealand and/or Singapore GST are not included in the product prices and are reflected in your 'Total to pay' section of the checkout in the Delivery and Tax field. Any order to New Zealand and/or Singapore, including shipping (and GST tax), will be transacted in AUD.Β
Recommended Retail Prices (RRP) displayed onβ―www.floraandfauna.co.nzβ―are the RRPs as provided to us by our suppliers. Savings prices displayed are calculated off the Recommended Retail Price. These savings may not reflect our normal price, as we do not usually sell at the RRP.Β
Sales to customers outside of Australia may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, Flora & Fauna accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities.Β
Prices for the products and services listed on the site are subject to change without any notice. We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced.Β
Product availability & rain checksΒ
Product availability is subject to change without notice. Whenever possible, product out of stocks are clearly highlighted on the site - you can choose to receive an email notifying you when a specific product is back in stock. Flora & Fauna cannot offer rain checks or extend a discount to an out of stock product.Β
All special offers and promotions are offered strictly only while stocks last and only for the period of the promotion. Promotional pricing or offers may be withdrawn at any time without notice once available stock is exhausted. Flora & Fauna may choose to end a promotion early for any reason. In this scenario, no rain checks will be given. Promotional expiry dates and times are listed as Australian Eastern Standard Time (AEST).Β
From time to time we may run short, specific price promotions without explicit promotion expiry dates in order to clear out stock or achieve other short term business objectives.Β
Product expiry datesΒ
Most products supplied to you will include an expiry date which will vary depending on the product. Our policy is to not dispatch any product within three months of its expiry date, unless otherwise stated on the product page or where the product is sold as part of a clearance promotion.Β
While our policy is not to dispatch any health supplement or skincare products within three months of its expiry date, we may stock food and drink products that have less than three months left on their expiry due to the nature of the product and shelf life of its ingredients. The productβs expiry date will always be clearly stated on the product.Β
PaymentΒ
Pleaseβ―read ourβ―Payment Options FAQsβ―for everything you need to know about paying for your Flora & Fauna products and services.Β
Orders will not be dispatched until satisfactory payment has been received by Flora & Fauna or any suspected fraud has been investigated. An order or transaction is not complete until products are dispatched. Flora & Fauna can refuse or cancel any order at its discretion and refund payment.Β
Flora & Fauna reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by Flora & Fauna to no longer sell a product. A refund will be given if payment has been accepted prior to any of these reasons.Β
Returns & CancellationΒ
If you change your mind about an order, we will endeavour to cancel and refund your order if it has not already been dispatched, however this may not always be possible. Please make sure you contact us with your order details as soon as possible. Unwanted products can also be returned for a refund within 30 days of purchase as long as they are in re-saleable condition (unopened, with undamaged packaging). Please refer to ourβ―Returns Policyβ―for information on how to do this.Β
If you order a durable product from us, and find it to be faulty after a short period of use please get in touch atβ―info@floraandfauna.co.nzβ―and we can help you reach a solution.Β
F&F Rewards ClubΒ
Flora & Fauna operates a spend and earn Reward Points Programme. For every $1 spent, customers will earn $0.05 back in βReward pointsβ to use as a discount on future orders.Β Β
Rewards can only be earned and redeemed by F&F Club members, which is joined by creating a customer account on the Flora & Fauna online shopΒ www.floraandfauna.com.au. Rewards canβt be earned or redeemed on guest orders.Β
Rewards are valid for 365 days from the date they were earned. Flora & Fauna cannot return any Rewards value which is not used as a discount after its expiry date. Please make sure that you are subscribed to our Rewards reminder emails so that we can communicate any upcoming Reward expiries.Β
Your Reward points value will always be communicated as amount of points that is available to use as a discount on future orders (so long as the future order is completed before the Reward points expire). Rewards are earned in Australian Dollars, for the paid cost of the products after any discounts are applied and are exclusive of the cost of delivery.Β
You can see your Reward points balance in the F&F Rewards Club tab of your account once you are signed-in to your account, in the F&F Rewards Club tab.Β Β
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Rewards cannot be earnt when purchasing a gift voucher or when purchasing other items and paying with a gift voucher.Β
Flora & Fauna Rewards are not transferable for cash under any circumstances. Flora & Fauna Rewards must be selected at checkout for the Rewards discount to be applied. Rewards cannot be applied to an order after it has been placed. For more info, please read ourβ―F&F Rewards Club FAQs.Β
F&F Rewards Club operates in a loyalty tier structure, according to the yearly spend on customer accounts. Yearly spend is calculated from account created date, and is recalculated yearly after that, unless the account has reached the threshold spend required to go to the next tier up, upon which the year will be re-set.Β Β
Higher loyalty tiers offer additional rewards as disclosed on theΒ F&F Rewards Club page.Β
Flora & Fauna will revoke Rewards that have been earned on orders that are subsequently returned or cancelled. If a customer has redeemed their Reward points earned on that order before they are revoked, Flora & Fauna will apply a negative balance. Any new Reward points earned will clear this negative balance, before any new Reward points will be generated.Β
Rewards redeemed will not be reinstated where an order is cancelled due to failure to complete payment, an order is cancelled prior to dispatch or for items returned from a dispatched order.Β
Flora & Fauna can choose to make changes to our Rewards Programme at any time. Flora & Fauna Rewards are unsecured and replacement or transferrable items of similar value will be not given in the event Flora & Fauna ceases trading due to liquidation, sale or some other business event.Β
Flora & Fauna reserve the right to edit customer Reward points balances or loyalty tier without notification or explanation in the event that we have a genuine reason to believe that Reward points have not been accrued correctly, and/or have been accrued in a way that is not in accordance with the intended use of the Rewards programme.Β Β
Flora & Fauna also reserves the rights to change the offering available for loyalty tiers from time to time.Β
Promotions and OffersΒ
Flora & Fauna may, at its discretion, choose to offer promotions to specific group of customers for limited time. Offers may be conditioned with entering a promotional code, or orders may need to meet other spend criteria for the offer to take effect.Β
If for any reason any aspect of a promotion is not capable of running as planned, Flora & Fauna may cancel, modify or suspense at its discretion the promotion, subject to State or Territory regulation.Β
Promotional codesΒ
Flora & Fauna may, at its discretion, choose to offer promotional codes including discount codes or free gift codes to certain customers from time to time. Each promotional code will have a clear expiry date and conditions for use, and will only be applicable for the group of customers it is offered to. Promotional codes cannot be exchanged, or their value used for sales that do not meet the code conditions. No rain checks will be offered for promotions code where the product is out of stock.Β
The following general terms and conditions apply to all promotional code promotions, unless stated otherwise in the specific promotion conditions:Β
Specific terms and conditions apply to promotional codes, unless stated otherwise:Β
- Each promotional code has specific terms and conditions that are specified in the promotion. A customer must meet the promotion requirements to gain the promo code discount or free gift.Β
- Promotional codes are valid for a limited time only, and unless specified can only be used by the account holder whom the code was offered to by Flora & Fauna. Flora & Fauna reserves the right to cancel the order or refuse the discount/free gift to customers using promotion codes offered to another customerΒ
- Flora & Fauna reserves the right to modify or cancel a promotional code at any time.Β
- Some of Flora & Fauna promotional codes are single use codes, they cannot be used a second time on a subsequent order that meets the requirements of the promotionΒ
- A customer can only use one promotional code per order, and a code canβt be used on an order in which a Flora & Fauna gift card code is applied.Β
- If the promotion has a minimum purchase requirement, taxes and delivery do not apply toward the minimum purchase amount.Β
- Promotional codes are not transferable, and may not be resold or redeemed for cash.Β
- If a customer has forgotten to apply a promocode on an order, the code can not be exchangeable for a cash refund.Β
- Free gift codes can not be used for purchase of any other products except for the product offered as the free gft.Β
- If you change your mind about your order or return products purchased using a discount code, we will only credit the amount paid for the productsΒ
- Delivery fee is calculated on the order after discount codes are applied. Codes providing a discount will reduce the subtotal of the order. If this drops below our minimum spend for free delivery, a delivery fee will apply.Β
- Discount codes offering free delivery will show a discount line once applied, rather than delete the delivery line altogether.Β
If you violate any of the general promotional code terms and conditions specified above or any of the additional terms and conditions specific to a promotional code, the relevant code will be invalid and the discount/ free gift will not apply.Β
Gift with purchaseΒ
Flora & Fauna may choose to offer a free gift when a customer purchases a certain product or product combination. Entering a valid Promotional code at the checkout may be a condition for a free gift to be added to an order. These are offered at Flora & Faunaβs discretion and can end without warning. Customers cannot transfer the free gift for something of equal value or a discount. There may be limited stock of free gifts. If free gift stocks run out, Flora & Fauna is not liable to offer a replacement. If a customer returns an order that included a free gift, this free gift must also be returned to receive the order refund.Β
Prize promotionsΒ
From time to time, Flora & Fauna may run prize promotions on our main website or social channels. To enter a competition, a customer must meet the terms of the competition which will be clearly outlined in the relevant promotions. Flora & Faunaβs decision is final regarding competition winners. Any prizes cannot be returned, exchanged or transferred for cash or products of similar value. In most cases, prizes are supplied by our partners. Flora & Fauna will clearly describe a prize but can only rely on descriptions provided by our partners. Flora & Fauna will meet all the requirements of the Commonwealth and the Competition and Consumer Act 2010β―in designing prize promotions.Β
Gift CardsΒ
You, and any person who holds a gift Card, agree to be bound by these Terms and Conditions and our general Terms and Conditions apply unless varied.β―Β
You must choose the value of yourβ―gift Card at the time of purchase from a range of set denominations of $50, $100, $200 and $500 AUD.Β
Yourβ―gift Card will be activated at the time of payment and will be valid for a period of 3 years. Any unused balance remaining on your gift Card at expiry will not be refunded or credited by us.β―Β
Flora & Faunaβ―Rewards will not be earned on the purchase of gift Cards. A gift Card is non-refundable and cannot be exchanged for cash. A gift Card can be redeemed in whole as payment for products onβ―www.floraandfauna.com.auβ―or for part of a payment when productsβ total exceeds gift Cardβs available balance. Unredeemed values will remain on the gift Card (prior to card expiry).β―Β
Available Gift card balances can be found once signed into Flora & Fauna account, on the βCheck gift card balanceβ tab, by entering the gift card code and selecting βSearch for giftΒ cardβΒ
A gift Card can be used in conjunction with another form of payment such as credit card to make up the full value of the purchase.Β
A gift Card cannot be used on an order in which a Promo code is being applied.Β
Some payment methods may not be available to use when purchasing a gift Card, in accordanceβ―to their terms and conditions.β―Β
Our usual returns policy will apply to purchases paid with a gift Card. Credit for returned or refunded goods will be available in Flora & Fauna rewards on your online account for 365 days from your last purchase date. Where you have used both a gift Card and another payment method in a single transaction, any refund will be applied to the gift Card first.β―β―Β
Gift Cards cannot be used towards the purchase of another gift Card.β―Β
Promoβ―codes cannot be used when purchasing gift Cards.β―Β
By entering your name and email address when purchasing a gift Card, you authorize us to send your name and email address you have provided, to the gift Card recipient. Our standardΒ privacy policyΒ otherwise applies and is available on our website.β―Β
Flora & Fauna is not responsible for lost,β―or stolen gift Cards.β―Β
DeliveryΒ
Please readβ―ourβ―delivery FAQsβ―for everything you need to know regarding receiving your order.Β
Flora & Fauna uses third party carriers to deliver our parcels. If your parcel is missing or something has been damaged, please readβ―ourβ―delivery FAQsβ―for your country for more info about what to do and expect. Delivery times presented on our website are targeted delivery times only, and we are unable to guarantee delivery will be made within the targeted time you've selected. For support pleaseβ―get in touchβ―as soon as your targeted delivery time expires.Β
Product informationΒ
The information on this website is intended for your general information and use only. It is subject to change without notice. It is not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other qualified healthcare professional with any questions you may have regarding a medical condition. Do not disregard medical advice or postpone consultation with your health care professional because of information that you have read on this websiteΒ .Β Always consult your medical practitioner before starting any new diet or health regime. Always consult your medical practitioner before using any products sold or recommended if you are pregnant or have any sensitivities.Β Always read the label of any supplements or natural health products you purchase and use only as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet. Consult a health care professional if symptoms persist.Β
Reviews on the website are provided by users of our products and should be viewed in this context. Reviews are the experiences of real people with products theyβve used, not substantiated health claims. Individual results may vary.Β
User submitted content, including product reviews, testimonials, images and videosΒ
We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don't want us to use your submitted content, please let us know.Β
Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that Flora & Fauna specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.Β
Beyond prevailing legislation, Flora & Fauna has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of Flora & Faunaβs websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions, doesnβt comply with Australian regulations, or is otherwise objectionable. Defamatory, offensive, or irrelevant.Β
You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as itβs reasonably practicable for us to do so.Β
For more information please emailΒ info@floraandfauna.com.auΒ