Dahlia Tuber Terms and Conditions

These terms and conditions ("Agreement") constitute a legally binding agreement between you ("Customer" or "You") and Mardi Rhoden trading as Quite Contrary Flower Farm ABN 30 649 407 001 ("Seller," "We," or "Us") regarding the purchase and sale of dahlia tubers. By placing an order and purchasing dahlia tubers from us, you acknowledge and agree to be bound by the terms and conditions outlined below.

Purchase and Sale

1.1 Dahlia Tuber: each listing is for one (1) dahlia tuber. We guarantee that each tuber will have at least one eye, an intact neck, and body, and that each tuber will be sent in such a condition that a reasonable person could expect that, with due care, it will grow into a dahlia plant.

1.2 Availability: All orders are subject to availability. We make every effort to ensure accurate stock levels, but in the event that a particular dahlia tuber becomes unavailable after you have placed an order, we reserve the right to cancel and refund that part of the order. We will contact you if this happens and offer a substitution if available.

1.3 Pricing: The prices listed for dahlia tubers are in $AUD and are exclusive of shipping, and handling fees. We reserve the right to modify prices at any time without prior notice. Any changes in pricing will not affect orders that have already been placed and confirmed.

1.4 Variety Limits: from time to time we may place limits on the number of tubers in a variety that may be purchased. Limits are per household (shipping address) and not per order. Limits will be stated in the description of the affected dahlia variety. We reserve the right to refund that part of the order that exceeds the stated limit, or the whole order without notice. This will attract a restocking fee of 5% of the value of tubers refunded.

If, upon reviewing your order you realise you have exceeded a variety limit in error, and prior to us refunding part or whole of your order in accordance with the terms of this clause,  please send us an email at hello@qcflower.farm to let us know and you will receive a full refund for those tuber(s) erroneously purchased.

1.5 Order Confirmation: After placing an order, you will receive an order confirmation via email or other suitable means. Your tubers are not held for you until after the order is paid and you receive  your confirmation. We will then reserve the items in your order until the delivery period. We do not take responsibility for any errors on order confirmations. You must check your order confirmation once received and contact us if you believe there is an error. 

1.6 Shipping: We will make reasonable efforts to ship your order within the estimated timeframe provided at the time of purchase. However, please note that shipping dates are approximate and may vary due to factors beyond our control, such as weather conditions and shipping carrier delays. We are unable to ship to WA, TAS, and NT due to quarantine. Tubers will be shipped by express post. It is your responsibility to ensure that dahlia tubers can be shipped to your state and address and are not under any quarantine or biosecurity requirements. 

All packages will be sent via Express Shipping with Auspost in October through to early November.

1.7a Combine Shipping: We will combine orders placed prior to orders being packed in the shipping period. You will receive notice when this begins.* You must pay shipping on your first order. On subsequent orders you may select "combine order" as a shipping option.

Please note: we cannot combine other shop items with Dahlia Tuber orders.

*Shipping period will begin on 1 October 2025 at 12noon AEST

1.7b Where customer details and shipping address are the same across orders, they will automatically be combined and any excess shipping costs will be refunded. If you wish your orders to remain separate you must (1) pay shipping on each order, and (2) send an email to hello@qcflower.farm to let us know that they must be sent separately. 

1.7c If shipping has not been paid on an order, and there is no order with paid shipping to combine it to (this includes circumstances where the customer details across orders are not identical), we reserve the right to cancel and refund that order without notice. This will attract a restocking fee of 5% of the total order value. To avoid order cancellation or extra shipping charges you must let us know prior to the Shipping Period if there is disparity between your orders (customer name, email address, or postal address) so that we can amend them and combine the orders for you. 

1.7d If shipping is not paid at the time of placing an order, it may be purchased as a separate item on the website. This item may or may not be the same price as purchasing shipping at the time of placing an order due to extra fees and administrative costs incurred when shipping is purchased this way. 

1.8 Delivery Address: It is your responsibility to provide accurate and complete delivery information during the checkout process. We are not responsible for any delays or failed deliveries resulting from incorrect or incomplete address details provided by you.

1.9 Shipping Conditions: Dahlia tubers will be checked for quality prior to shipping, and be carefully packaged to ensure their protection during transit. However, we are not liable for any damage that may occur during shipping or handling by the carrier. Please inspect the package upon receipt and report any damage to us, including photographic evidence, within three (3) days of delivery. "Delivery" includes once the package has arrived at your post office and notification is sent to you that the parcel is ready for collection eg. if home delivery cannot be completed.

Storage and Survival

2.1 Storage: Dahlia tubers require proper storage conditions to ensure their viability. We recommend storing the tubers in a dark, cool, dry, and well-ventilated area until planting. Detailed storage instructions may be provided separately or on our website.

2.2 Survival Disclaimer: While we take utmost care in providing high-quality dahlia tubers, we cannot guarantee their survival once they are in your possession. The success of tuber storage, growth and bloom is dependent on various factors beyond our control, including but not limited to the customer's care, planting conditions, and climate. Therefore, we disclaim any liability for the failure of dahlia tubers to thrive or produce blooms. Growing instructions may be provided separately or on our website.

2.3 Virus and Disease Disclaimer: We take necessary precautions to minimise the risk of viral, bacterial, and other infections in our dahlia tubers, including sourcing tubers from reputable suppliers, maintaining apparently healthy stock, and implementing good horticultural practices. 

However, we cannot guarantee that the dahlia tubers we provide are completely free from viral, bacterial, or other infections or will remain infection free after planting, as viruses, bacterial, and other infections can be latent, transmitted, or may develop over time.

We strive to provide high-quality dahlia tubers, but we disclaim all liability for the presence or development of viral, bacterial, or other infections in the dahlias you purchase from us.

Mislabel and Wrong Order

3.1 While we strive to maintain accurate labeling of our dahlia tubers, there is a possibility of occasional mislabeling due to human error or other unforeseen circumstances. We cannot guarantee the accuracy of labeling on each individual tuber, as they may undergo sorting, packaging, and handling processes that could lead to misidentification or mix-ups, including by you the customer.

3.2 Mislabel of Tuber/Wrong Plant: the mislabel is likely to not be apparent until the time of flowering. If you believe you have received a mislabel we ask you to contact us with photographs of the dahlia. Upon receiving your notification, we will review the matter and, at our discretion, may offer a suitable resolution, which may include replacement, refund, or alternative compensation to an equal value.

3.3 Incorrect Package/Wrong Item Received: As a customer, it is your responsibility to carefully inspect the tuber package upon receipt and compare them to your order. Each tuber will be packaged individually with its name. If you believe that you have received an incorrect tuber package or order please notify us within 3 days of delivery, providing clear photographic evidence and a detailed explanation of the discrepancy.  "Delivery" includes once the package has arrived at your post office and notification is sent to you that the parcel is ready for collection eg. if home delivery cannot be completed.

Upon receiving your notification, we will review the matter and may offer a suitable resolution, which may include replacement, refund, or alternative compensation to an equal value.

Returns and Refunds

4.1 Change of Mind: Please choose carefully as we do not offer refunds, cancellation of orders, or returns after an order is confirmed for change of mind. 

4.2 Returns: Due to the perishable nature of dahlia tubers, we do not accept returns unless the products are damaged upon delivery. If you receive damaged tubers, please contact us within 3 days of delivery, providing photographic evidence of the damage, and we will review your claim.  "Delivery" includes once the package has arrived at your post office and notification is sent to you that the parcel is ready for collection eg. if home delivery cannot be completed.

4.3 Refunds: In the event that we accept a return due to damaged tubers, or another reason listed herein, we will issue a refund for the purchase price of the tubers and return shipping fee, but not the original shipping and handling fees. Refunds will be processed using the original payment method and may take 7 days to reflect in your account.

Intellectual Property

5.1 All intellectual property rights, including but not limited to trademarks, logos, and website content, belong to us or our licensors. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.

Governing Law and Jurisdiction

6.1 This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Victoria, Australia. 

6.2 These terms and conditions are in addition to and do not displace any rights or remedies available to you as a consumer under the Australian Consumer Law (ACL).

6.3 Nothing in these terms and conditions is intended to exclude, restrict, or modify any rights or remedies that you may have under the ACL that cannot be lawfully excluded, restricted, or modified.

If you would like to check your rights under Australian Consumer Law you can find an explanation here: https://www.accc.gov.au/business/selling-products-and-services/consumer-rights-and-guarantees 

 

By completing the purchase, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any provision of this Agreement, please refrain from placing an order with us.

If you have any questions or concerns regarding these terms and conditions, please contact us at hello@qcflower.farm

Thank you for choosing us as your supplier of dahlia tubers. We appreciate your business!

Mardi Rhoden

Quite Contrary Flower Farm

Labertouche VIC