All users of this website agree that access to and use of this site are subject to the following terms and conditions and any other applicable Australian law. If you do not agree with these terms and conditions, please do not use this site.
The Newneps website is owned and operated by BC & PA Newbold ABN 32 761 602723 trading as Newneps (“Newneps”). By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the website.
Newneps controls and operates this site from Newneps offices within Australia. These T&C’s are governed by the laws of the State of New South Wales. You and Newneps agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
Revisions to T&C’s
Newneps may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.
Newneps sells Nepenthes and Heliamphora species and hybrids with taxonomical descriptions provided by a major wholesale nursery that stands behind their product. Newneps takes no responsibility for the misidentification of a plant however every effort is made in our nursery to only sell correctly identified plants. If a plant is advertised on this website it will be labelled to acknowledge the company it was imported from. If the plant has no company name on it, it has not been imported by us and is sourced from existing stock we have in our nursery. Every effort is made to make sure these plants are also labelled correctly and are only received from trusted sources.
In the event that a Newneps product is mistakenly listed at an incorrect price, Newneps reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or paid for. In the event that the order has been confirmed and/or paid for, Newneps shall refund in full any monies paid in respect of the incorrectly listed product.
Site content, ownership, and use restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Newneps and Newneps related companies, affiliates, licensors and licensees.
Advertising & Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Newneps and Newneps is not responsible for the contents of any such information or website. Newneps provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Newneps. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
a. Placing an order with Newneps; or
b. Using this site as a shopping resource, provided that you do not modify the site and that Newneps retain all copyright and other proprietary notices contained in the Contents. c. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
You are not authorised, without the prior written permission of Newneps and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Newneps may be used without our prior, specific, written permission or that of the trademark owner.
Licence to use
You grant Newneps an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Newneps from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
You must not upload, post, transmit or otherwise make available through this site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights); – is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; – encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit Newneps any other user from using the site; – affects the functionality or operation of the site or Newneps servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or – breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Newneps to take remedial action under any applicable industry code.
You agree to indemnify and will keep Newneps indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Newneps in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties. Buying products from our website Products may vary between Newneps retail stores and those found on Newneps website
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Newneps may change the prices published on this website at any time. Prices of products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Newneps is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these T&C’s.
All prices are inclusive of GST unless otherwise specified. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
Title to the goods purchased on this site does not pass from Newneps to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
The delivery will be completed within 10 business days to your nominated addresses or nominated Newneps store. If delivery cannot be made to your home, a card will be left by Australia Post explaining how you can receive delivery or pick-up the product at your post office. Delayed delivery is not a basis for cancellation of the order or a request for any compensation.
Authority to Leave
Newneps will leave your parcel at your premises if unattended. You agree that the parcel is deemed received when left at your premises. Newneps, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Newneps from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave. If you do not wish to give Newneps Authority to Leave, you must notify us in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.
To the extent permitted by law, Newneps will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by Newneps under these T&C’s; or (3) a failure or omission on the part of Newneps to comply with Newneps obligations under these T&C’s.
Limitation of liability
Our total liability to you (if any) in connection with this site, or with these T&C’s or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).
Disclaimer of warranty
Newneps is providing this site and Newneps contents on an ‘as is’ basis and use of this site is at your own risk. Newneps and Newneps related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Newneps expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010 .
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Newneps and it’s related companies, affiliates, licensors and licensees.
Newneps total liability is limited to errors which are related to shipping and delivery of the product. You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Newneps in connection with any use (whether authorised or unauthorised of your user name or password).
Any complaints must be submitted within one week of the delivery of the products ordered by you to Newneps. Newneps‘ liability is limited to resupplying the ordered products again.
Your ability to purchase goods from this site may be terminated by Newneps and at any time without notice. All restrictions, licences granted by you and limitation of Newneps’ liability will survive termination.