If you have placed your first order within 7 days before Sunday 11:59pm (Sydney Australia time GMT +11)and not cancelled it before this time, we will have processed your order and unable to cancel or refund that order.
If you have a subscription order, it must be cancelled or paused before the next payment date on your subscription, accessed under the my account page, it is charged at the same time as your first order every interval period.
CANCELLING AN ORDER WITH OR WITHOUT A SUBSCRIPTION
Cancelling your subscription will ensure no further payments will be deducted. However if you have cancelled your subscription after a recurring charge has been taken out, you will receive one last grass unless you contact us and cancel that last order. This is because each recurring charge payment that is taken out up until our cutoff (Sunday 11:59pm) will generate a grass order for the coming week.
We need to be contacted by email on [email protected] by Friday 5pm if you wish to cancel grass for the following week and get a refund. Friday 5pm is the cutoff for cancelling orders. Please see above “I cancelled my subscription before the cutoff, why did I still get a grass?”
If you cancel before a recurring payment has been taken out then no further grass will be sent.
Potty Plant will deliver your order to your building front door only. Any further delivery instructions will be at the drivers discretion. We do not offer a door delivery service. All our items have an authority to leave at the building door. Please ensure your building allows parcels to be left at the building door before you place your order.
DISCONTINUING GRASS DELIVERY SERVICES TO YOUR AREA
In very rare circumstances Potty Plant may need to discontinue grass deliveries to your area. Potty Plant reserves the right to discontinue deliveries to any locations we no longer consider viable. By this we mean areas that are inaccessible or our courier network can no longer reach. Potty Plant will not refund Starter Kit purchases if we can no longer provide you with a grass subscription.
REPLACEMENT OR REFUND OF GRASS
If you receive grass that is unsatisfactory and not a result of seasonal changes, please inform us on the day of delivery with a photo of the grass for us to assess. Please note we will only refund or replace your grass if you inform us on the day of delivery. We cannot replace your grass if you have kept it in the box for longer than the day you received it.
CHANGING YOUR ADDRESS
If you wish for your delivery address to be changed you must notify us no later than Friday 5pm the week prior to your next grass delivery. We cannot action any changes to delivery addresses after Friday 5pm.
Grass is seasonal and will not look exactly the same week to week. Hot weather, extreme wet weather and cold weather are all elements which affect the aesthetics of the grass. They do not affect the functionality of the grass to work as a dog toilet. Potty Plant will not compensate for any grass that does not look exactly like a photo or grass you have received previously. We will only compensate for grass that has been been subjected to prolonged delivery and has been damaged in the process which we will assess and deem if it will affect the ability to work as a dog toilet.
CHANGE IN GRASS VARIETIES
Potty Plant uses a variety of different grasses through out the year depending on the availability of grass suitable for harvest. We do not guarantee the delivery of your preferred grass and do not offer refunds for the unavailability of your preferred grass.
Grass develops discolouration due to winter frost. This is a yearly seasonal occurrence and it has no bearing on the grass’ functionality to be used as a dog toilet. The grass is not ‘dead’. Any purchases made between June – October may have discolouration and Potty Plant will not provide any compensation or exchanges for discoloured grass.
CHANGE TO DELIVERY DAYS
Potty Plant may change your delivery day with no notice if your delivery happens to fall on a week with public holiday/s. If you are unsure when you are likely to receive your grass, please get in touch at [email protected]
AUTHORITY TO LEAVE ON ALL DELIVERIES
Due to all our parcels being perishable items they are all left with an ‘Authority To Leave’ at your address. If you do not wish for your parcel to be left at your address, you must let us know prior to delivery by typing in ’delivery notes’ on your order or please ensure you are home to receive your parcel. Potty Plant is not responsible for any stolen or missing parcels and we are unable to guarantee certain delivery days/times as this varies depending on the courier’s schedule each week.
ONLY USE OUR POTTY PLANT
Our Potty Plant grass is cut and designed for our Potty Plant only. The protective frame of the Potty Plant secures the grass and grass edges so that if there is a tear, it is covered by the frame.
We do not sell the grass without you owning a Potty Plant and we will always endeavour to ensure you are aware that a Potty Plant must be purchased for the system to work. The Potty Plant protects the grass and grass edges from further tearing that occurs during grass harvesting. If you do happen to purchase grass without the Potty Plant, Potty Plant will not compensate for any grass that does not suit your receptacle. This includes not being the correct size, grass with loose, torn edges and mess caused by loose soil.
CEASE OF SERVICE
Potty Plant reserves the right to cease grass delivery at any time. If your Starter Kit is under 2 months old, we will offer you a refund for your Starter Kit purchase only. Grass mats are non refundable. Any Starter Kit purchases older than 2 months will not be refunded.
WET WEATHER CONDITIONS
Although we strive to secure fresh grass each week for our subscribers, we are heavily reliant on suitable weather conditions for grass harvesting. In the chance of not being able to deliver your grass at your scheduled delivery date due to prolonged wet weather we take the following steps:
Weekly Subscribers: We will endeavour to deliver within 3 days of your scheduled day. If we are not able to deliver within 3 days we will offer you a refund and postpone your delivery till your next scheduled day.
Fortnightly Subscribers: We will endeavour to deliver within 7 days of your scheduled day. If we are not able to deliver within 7 days we will offer you a refund and postpone your delivery till your next scheduled day.
Monthly Subscribers: We will endeavour to deliver within 10 days of your scheduled day. If we are not able to deliver within 10 days we will offer you a refund and postpone your delivery till your next scheduled day.
We are not able to offer any kind of compensation for wet weather delays as the outcome is entirely out of our control.
Additionally, wet weather may cause your grass to be wet. Please note we will not be able to replace your grass or offer a credit for wet grass.
PREMIUM SUBSCRIBERS (SYDNEY ONLY)
Once you have been given a time slot for grass replacement we will require at least 24 hours notice for any cancellations or amendments to the time otherwise a cancellation fee of the whole amount will be applied. We appreciate your understanding on this matter.
WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
- Welcome to https://pottyplant.com.au/ (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘).
- The Website is operated by Potty Plant Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Potty Plant Pty Ltd. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Potty Plant Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Potty Plant Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Potty Plant Pty Ltd in the user interface.
3. Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- You warrant that any information you give to Potty Plant Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Potty Plant Pty Ltd; or you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4.Your obligations as a Member
- As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: the Terms; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Potty Plant Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Potty Plant Pty Ltd providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Potty Plant Pty Ltd for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price‘).
- Following payment of the Purchase Price being confirmed by Potty Plant Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Potty Plant Pty Ltd may record your purchase details for future use.
- Potty Plant Pty Ltd may, at their sole discretion, provide a refund on the return of the Starter Kit only within 14 days where the Product remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. The Starter Kit must not be damaged and the grass must be taken out prior to return. The grass cost will not be refunded.
- Potty Plant Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).
- You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty Period‘).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Potty Plant Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Potty Plant Pty Ltd at 16/5 Campbell pde, Bondi, New South Wales, 2026 or by email at [email protected]
- Where the Warranty Claim is accepted then Potty Plant Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Potty Plant Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Potty Plant Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Potty Plant Pty Ltd or its contributors.
- Potty Plant Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Potty Plant Pty Ltd; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Potty Plant Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
- You acknowledge that Potty Plant Pty Ltd does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Potty Plant Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Potty Plant Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Potty Plant Pty Ltd , is at your own risk. Everything on the Website, the Purchase Services, and the Products of Potty Plant Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Potty Plant Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Potty Plant Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
- Potty Plant Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Potty Plant Pty Ltd is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Potty Plant Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Potty Plant Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Potty Plant Pty Ltd, by third parties or by any of the Purchase Services offered by Potty Plant Pty Ltd.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Potty Plant Pty Ltd as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Potty Plant Pty Ltd prior to the Friday 5pm cut-off ; and
2. closing your accounts for all of the Purchase Services which you use, where Potty Plant Pty Ltd has made this option available to you.
- Your notice should be sent, in writing, to [email protected] or via the ‘Contact Us’ link on our homepage.
- Potty Plant Pty Ltd may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Potty Plant Pty Ltd is required to do so by law;
- the partner with whom Potty Plant Pty Ltd offered the Purchase Services to you has terminated its relationship with Potty Plant Pty Ltd or ceased to offer the Purchase Services to you;
- Potty Plant Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the location in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Potty Plant Pty Ltd is, in the opinion of Potty Plant Pty Ltd, no longer commercially viable.
1. Subject to local applicable laws, Potty Plant Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Potty Plant Pty Ltd’s name or reputation or violates the rights of those of another party.
2. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Potty Plant Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Potty Plant Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
12. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the ACCC or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
The Purchase Services offered by Potty Plant Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.