Terms of Service & Sale | Happy Valley Seeds

When you shop at this website, you agree to the Terms & Conditions of Service & Sale as stated hereto, so please read them carefully. We reserve the right to revise these policies at any time without any prior notice.

WARRANTY
Our Warranty and Limitation of Liability

In lieu of all other warranties, expressed or implied (including any implied warranty of merchantability or fitness for a particular purpose) and all other obligations or liabilities, we warrant to the extent of the purchase price, that the seeds which we sell are as described by us on our container, within recognised tolerances. Our liability, whether contractual, for negligence or otherwise, is limited in amount to the purchase price of the seeds under all circumstances and regardless of the nature, cause or extent of the loss, and as a condition to any liability on our part, we must receive notice by registered mail for any claim that the seeds are defective within 15 days after the defect of the seeds become apparent. Notwithstanding the above, all claims shall be submitted within 45 days of invoice date. All claims shall be submitted with the original Happy Valley Seeds (HVS) packaging. This warranty is non-transferable and extended to the original, purchasing customer only.

Third Party Restrictions
In order to maintain the high quality of our seed, we only sell direct to customers. We do not sell through any other outlet or agent - resale of our seeds is not authorised and constitutes trademark infringement through implication of endorsement. If you have purchased seed packets bearing our name and they were not obtained directly from us, no warranty is extended and we would suggest that you return the product to the vendor for a refund.

In the event of resale or transfer by one of our customers (a purchaser) of the seed sold hereunder, HVS offers no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose, regarding the seed, and all such warranties are specifically herein disclaimed. HVS shall not be liable for incidental or consequential damages or crop failure damages as a result of the use of this seed. The customer also agrees to defend, indemnify, and hold harmless HVS against any and all claims, actions, proceedings, or other potential liabilities against HVS of any nature whatsoever relating to any such resale or transfer of said seed.

Unless otherwise stated, all of our seeds are sold by weight and not by count. Any information provided on the site regarding seed counts by weight is to be considered as approximate and is based on averages for a particular species. These numbers tend to be variable from year to year, variety to variety. The only reason we take the time to offer these approximate seed counts is to help in garden planning.

DISCLAIMER: The content of this website is for your general information and use only. Any medicinal information offered is in the context of historical usage only. Please seek the care and advice of a qualified healthcare practitioner for all medical problems.

Neither Happy Valley Seeds nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this listing for any particular purpose. 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 law.

Your use of any information or materials on this listing is entirely at your own risk, for which Happy Valley Seeds shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this listing meet your specific requirements.

Business Location: Sydney, NSW, Australia

All prices are in Australian dollars and are GST inclusive where applicable. Seed counts are approximate and provided as a guide only.

Use of Seeds: Our seeds are to be used for propagation only. Any reference to edible seed refers to the resultant crop only. Under any circumstances, our seeds should not be used for consumption either by human or animals. Time-to-time some of our seeds are treated. You must wash your wash after touching these seeds.

Ordering: Once the order is placed, we can't cancel the order, we can't add items to the order, we can't add Expedited Service to the order, nor can we modify the shipping address, so please double check your order.

All sales are final. However, we reserve the right to refuse service to anyone or cancel any order at any time. We will indicate the acceptance of an order by processing and shipping the ordered items to you.

The order can’t be cancelled. We do not accept returns for any reason. Even if the order is returned to us, the seeds cannot be resold, and you will not receive a refund.

We are an internet-based company, not a mail order company, and communication is solely by email. So, if you have to question contact us, at sales@happyvalleyseeds.com.au

For security reasons, we do not accept telephone orders. You must place your order using our secure website. We accept Credit Cards, PayPal, eChecks and direct bank.transfer

Quarantine: Due to quarantine restrictions by some Australian states, we are unable to send some products to Western Australia or Tasmania. These are all marked in the item descriptions. (eg: "NOT TO WA or NOT TO TAS"). As the buyer and importer, you are responsible to ensure you are complying with the local quarantine requirements. If you accidentally purchase a product that is restricted in your state, we will endeavour to remove it from your order and provide you with a refund, however, due to extra administrative efforts, this is always not possible and we will send your order on the understanding that we are not liable for the import responsibility, costs and risk of confiscation.

Phytosanitary Certificate: We do not provide Phytosanitary Certificate

Out of Stock Policy: We don’t substitute if an item is out of stock! At times, an item you ordered may be out of stock. This seldom occurs and is usually a result of an inventory adjustment. If we find out that an item is out of stock, we will either issue you an immediate refund or backorder the item if the item is due to arrive shortly from our seed supplier. The backorder will be shipped as soon as it becomes available. There will be no additional shipping fee when a backorder is shipped. If you receive the shipment and can't wait for the backorder, just notify us by email and we will delete the item from the order and issue a refund for the item! Once the backorder has been shipped, the backordered item can't be canceled or returned. If an item is not available (Out of Stock), it will say so on the product page.

Planting Instructions: Please read and follow the instructions carefully. We do not recommend any type of dome-type soilless based growing systems, as many customers had problems with germination with these types of systems.

Germination Problems: Almost 95% of the time, when there is a complaint about germination, it is not because there is a problem with the seeds, but in the manner, the gardener used to grow the seeds. We had gardeners tell us they used petri-dishes, paper towels, and regular topsoil to grow the seeds. We had other gardeners say they soaked the seeds in water and other weird solutions for several days prior to planting the seeds. The most common mistake however is (1) over-watering the seeds, (2) watering the seedlings too often, (3) covering the seeds with a plastic lid and thus not allowing proper ventilation, (4) and not having the optimum temperature (especially hot chillies, hot season veggies or tropical vegetables which require constant higher temperatures than most vegetables). If the gardener simply followed the Planting Instructions on our website, they wouldn't have experienced any germination problems at all and would have avoided unnecessary frustration of the seeds not growing or the seedlings dying.

Watermelon Release - Important Notice: Watermelon growers hereby release and hold harmless Happy Valley Seeds to any damages resulting from Bacterial Fruit Blotch. In any case, the buyer's sole and exclusive remedy shall be limited to the purchase price of the seeds. Bacterial Fruit Blotch of Watermelons is a bacterial disease that has resulted in severe economical losses to watermelon growers. Early detection can help limit losses. Bacterial Fruit Bacteria was not detected in a 10,000 seed sample lot. This does not guarantee that this lot is free of the seed-borne organism. Do not plant these seeds without reading a copy of this notice.

Tillage Radish Grower Licence Agreement
IMPORTANT CONDITIONS
Do not open the bag until you have read and accepted the Terms and Conditions and agree to abide by the obligations of the variety licence.

Upon purchasing tillage radish seeds or opening the bag of tillage radish seeds, you will be taken to have read, understood and accepted the terms below. You agree to be bound by these terms and conditions.

You (the purchaser of the seed) agree to and must abide to this grower licence and the lawful obligations that accompany this seed variety.

Terms and Conditions for Tillage Radish:

The contents of this bag are for SEED FOR SOWING ONLY.
You (the Grower) must not sell, gift, trade or barter this seed.
You (the Grower) must not sell, gift, trade or barter any seed for sowing produced from the resultant crop or crops.
You (the Grower) must not allow this crop to set seed.
Happy Valley Seeds and our seed suppliers do not represent or warrant that the product inside this bag is fit for a particular purpose. You must satisfy yourself that this product is fit for the purpose for which you intend to use it.
This seed variety or varieties may be protected by Plant Variety Rights (PBR), and any unauthorised commercial propagation or any sale, conditioning, export, import or stocking of propagating material of this variety may be an infringement of the PBA Act 1994 and result in legal action.
The parties agree to resolve any differences, disputes or claims under this contract by conciliation before one conciliator to be held in the State where the contract was made and under the laws of that State.

Business Hours
Our standard business hours are Monday through Friday from 9:00 a.m. until 5:00 p.m. AEST, excluding public holidays but we are usually always here. Depending on the time of year, we may be in the office before and after hours filling orders We are a small company and for technical and financial reasons, we presently prefer using electronic mail to be the most efficient way for us to handle general communications.

How To Shop With Us
Shopping online at https://www.happyvalleyseeds.com.au is easy, safe, and private. We use SSL encryption to ensure the security and privacy of your order information. The information you provide is encrypted (scrambled) as it travels over the internet.

Create an Account or Shop as a Guest
You do not need to create an account to make purchases at Happy Valley Seeds. You may shop and complete your orders as a guest. We do require your email address so that we can confirm receipt of your order, notify you when the order ships, or contact you if there are any problems with the order.

However, we recommend that you do create an account the first time you place an order with our store. The next section below explains the many benefits of creating an account with us. If you don't already have an account, you will be given the option to create one when you checkout. You can also create a new account by clicking on the My Account menu button in the header at the top of every page. Please make a note of, and safeguard the password you created. However, if you do forget it, you can have it emailed to yourself.

Advantages of Creating an Account
There are many advantages to you for creating an account with us. It is safe and we do not store credit card information. As a matter of fact, we have our site configured in such a way that we cannot see your card information at all. The transaction occurs, over a secure connection, between your computer and the credit card processing company. Here are more of the benefits:

- Using accounts allows you to check the status of new orders.
- You will be able to see a record of all your previous orders with us when you log in to your account. For items that you order regularly, you will be able to easily reorder from your My Account page.
- You will be able to keep a shipping address and a billing address on file so that you don't need to enter that information each time you order (remember, no credit card information is stored).
- Having an account will qualify you for special promotions and savings for our members. (You will need to join our email / newsletter list to receive the notifications.)

Important: We again want to emphasise that we do not collect, store, or have access to your credit card information. When you enter your credit card number to place an order over our secure connection, it is good for that transaction only. This also means that once you review your order for completeness and accuracy, we cannot add items to that order as the total is already calculated and paid for.

Terms of Payment: For your security and protection, we only accept VISA, MasterCard, Discover and American Express, as well as PayPal, for online purchases.

Delivery Time: We make every effort to update our website so that it reflects items that we have in stock and are available for shipping. We generally fill and mail orders within two business days. During our busy periods, the time between receiving an order and mailing it can jump to 5-10 business days.

Orders sent to Australian addresses typically take between two and ten days. International orders take from 2 to 8 weeks, if we dispatch them.

Delays in Delivery: Happy Valley Seeds shall not be responsible for loss or damage caused by delays in delivery from strikes, acts of war, fire, casualty, inability to obtain materials or other causes beyond our control.

Shipping Fees: In order to keep the packet prices as low as possible, we do not hide shipping costs in them. Doing so is unfair. It is not fair to our gardening friends who place big orders for their large gardens nor to local customers.

The cost of filling a mail order is not simply a matter of placing postage stamps on an envelope. For the safety of the seeds, we ship in padded packaging so that they survive the rollers of the Australia Post's sorting machinery. And although we do not attempt to "make money" on shipping and handling, we do try to recoup some of the costs. Please note that this generally is only an issue with small orders. When folks plan and order larger amounts, shipping is typically at or below our cost.

Along with the obvious cost of postage, there are:

- Merchant fees to process card payments. Card processing companies charge a flat fee per order plus fees based on card type, type of transaction, on top of the fees they collect for your credit card issuer.

- Packing Materials - Padded envelopes, print-outs, labels, etc. If we didn't cover costs, we wouldn't be in business very long.

Please use a valid email address and phone number. They will only be used to aide in processing this order and required to help prevent fraud. Refer to our privacy policy for our feelings on the use of personal information.
We ship packages using the Australia Post. It is the most economical for all of the orders that we fulfill. Please provide a valid Australian qualified address. We no longer accept parcel lockers or business / commercial addresses for orders under $60, please provide your residential address or a PO BOX.

Domestic (Australia) Insurance and Shipping Damage Claims: No matter where you are spending your money, all business transactions involve two or more parties, the customer and the merchant. Mail order purchases add a third party, the carrier. As "the merchant," we do our very best, to ensure that your order is securely and properly packaged and that it is safely entered into the Australia Post system. The customer's responsibility, aside from making payment, is simply to provide us with a valid, Australia Post mailing address that can safely receive packages.

99.99% of the time, there are no issues involved in fulfilling orders and since the Australia Post now includes some (up-to $100) insurance coverage on their Registered and Express Mail services.

In the rare event that your order is not received, contact us as quickly as possible so that we can start to put a trace on the package if it was sent with a tracking number. If your local post office is stating that they delivered your package, you will need to work with your LPO as well to report the loss. If the post office cannot locate your package, contact us so that we can get the problem quickly resolved. We want you to always get what you order from us and to reap the rewards of gardening with Happy Valley Seeds.

International Sales Policy: As a small organisation, we do not have the resources to staff an export department nor are we able to provide any form of special documentation your country might require. Our seeds meet or exceed standards in Australia and are properly labeled for sale here. We cannot take responsibility for lost, stolen or confiscated packages shipped outside of Australia Post postal system. If you are shipping to an address outside of Australia, by placing an order, you agree that:

You (the purchaser and importer) guarantee that the material being purchased is not on a restricted list within your country. Check with your Ministry of Agriculture or Customs Departments. Import rules are changing regularly and we cannot possibly keep track of all of them. So check your country's import regulations before placing your order with us.

You have obtained all necessary documentation to allow entry into your country. We cannot provide phytosanitary certificates or any other documentation that might be required by your government.

We package and label your parcel clearly with content and value information on the customs tag so as to avoid customs intervention. However, we cannot guarantee that customs for your country will not open your package and determine that extra charges are due, or perhaps even confiscate the order. These risks are the sole responsibility of you, the purchaser. We are not responsible for loss, additional tariffs, quarantine fees, taxes, customs charges, etc. that may be levied.

You assume responsibility for your package once it enters the mail stream and will not hold the Happy Valley Seeds responsible for the shipment once it leaves our farm.

NO REFUNDS FOR LOST OR CONFISCATED PACKAGES.

Due to the increased difficulty sending seeds internationally, we are currently only shipping to certain countries. If your country is not listed in our shipping system, we apologise and recommend that you use a larger company set up to export seeds. If your country is listed within our shipping system, you are still ultimately responsible for being the importer and agree to the following.

Payments are in $AU. Credit cards generally will automatically perform the necessary conversion.

Shipping is based on Australia Post International Mail.

By placing an order, you agree to and accept our general terms of sale as well as to the international shipping policy.

Noxious Weeds in Australia: Some plants that are naturally occurring or have been cultivated for years have been deemed by some governments, (local, state, provincial and federal) as being classified as a noxious weed. We will not knowingly supply seed that breaks a local law so please check the laws in your area before ordering and planting. If you proceed to purchase these seeds from us, you do so under the agreement that you will use them for non-planting purposes.

Changes to Our Terms of Sales: The Company reserves the right to make any adjustments to these terms from time to time at its discretion. Users are encouraged to check for such changes. Access to the Site constitutes as User’s acceptance of any such changes.

Independence of Clauses: Each clause found within these terms of sales is to be interpreted separately and independently of the other clauses. If for whatever reason a clause is deemed invalid or void, it shall not compromise the validity of any other clauses within these terms of use.

What law governs this website? : Your use of this website and downloads from it, and the operation of these terms and conditions, shall be governed by the laws of New South Wales and Australia. Any dispute shall be submitted to the exclusive jurisdiction of the courts of New South Wales and Australia.

If you have any questions in relation to the Website or these terms and conditions please contact Happy Valley Seeds by sending an email to sales@happyvalleyseeds.com.au