Last updated: 27 August 2026
Overview
Welcome to Vivid Plants. The terms “we”, “us” and “our” refer to Vivid Plants.
Vivid Plants operates this store and website, including the related information, content, features, tools, products and services made available through it (collectively, the “Services”). Our store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service (“Terms”), together with the policies referenced in them, describe your rights and responsibilities when you access our website or purchase products through it.
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not access or use the Services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
1. Access and Accounts
You must be at least the age of majority in your state, territory or country of residence to use the Services independently.
You may be asked to provide information including your name, email address, billing details, payment information and delivery address. You agree that information you provide will be accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You must not transfer, sell or assign your account to another person.
We may suspend or restrict access to an account where reasonably necessary to protect the website, our customers, our business or another person from suspected fraud, unlawful activity, security threats or material breaches of these Terms.
2. Our Products
We make reasonable efforts to describe and display our products accurately. Product colours, textures and appearance may vary slightly depending on lighting, photography and the screen or device used to view them.
Product information is provided for general informational purposes. Skincare results and individual responses can vary. Our products and website content are not intended to diagnose, treat, cure or prevent any disease or medical condition and are not a substitute for professional medical advice.
Ingredient lists, packaging and product descriptions may be updated where reasonably necessary. Customers should review the ingredient list and directions supplied with the product before use.
We may discontinue products or limit quantities where reasonably necessary, including because of stock availability, suspected resale, fraud or delivery restrictions.
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
3. Orders
Submitting an order constitutes an offer to purchase the selected products.
An order is accepted when we issue an order confirmation and successfully process payment. We may decline or cancel an order where reasonably necessary, including because:
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a product is unavailable;
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payment cannot be processed;
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pricing or product information contains a genuine error;
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we cannot deliver to the nominated address;
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the order appears fraudulent or unlawful; or
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the quantity ordered suggests unauthorised commercial resale.
If we cancel an order after payment has been received, we will notify you and refund the applicable amount to the original payment method.
Please review your order and delivery information before completing checkout. If you need to request a change or cancellation, contact us promptly. We will try to accommodate the request but cannot guarantee that changes will be possible after processing or dispatch has begun.
Returns, replacements and refunds are governed by our Refund Policy:
https://houby.me/policies/refund-policy
Nothing in this section limits your rights under the Australian Consumer Law.
4. Prices and Payment
Prices displayed for Australian customers are in Australian dollars and include GST where applicable.
Delivery charges and any other applicable charges are shown separately before checkout is completed. For international customers, customs duties, import taxes or similar destination charges may apply as explained in our Shipping Policy.
Prices, discounts and promotions may change without notice. The amount charged will be the price displayed and accepted at the time the order is submitted, subject to the correction of genuine errors.
If we discover a genuine pricing error after an order is submitted, we will contact you before fulfilling the order. You may choose to proceed at the correct price or cancel the affected product for a refund.
You agree to provide accurate and authorised payment information. By submitting payment details, you confirm that you are authorised to use the selected payment method.
5. Shipping and Delivery
Delivery timeframes are estimates and are not guaranteed. Delivery may be affected by carriers, customs processing, severe weather, public holidays and other circumstances outside our reasonable control.
Once an order has been dispatched, tracking information will be provided where tracking is available.
Detailed shipping rates, delivery estimates, international-order information and lost-parcel procedures are contained in our Shipping Policy:
https://houby.me/policies/shipping-policy
Nothing in this section or our Shipping Policy excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
6. Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Vivid Plants, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual-property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.
Nothing in these Terms grants you a licence or other right in any intellectual property belonging to Vivid Plants, Shopify or another party.
The Vivid Plants and HOUBY names, logos, product names, designs and slogans must not be used without prior written permission. Shopify’s names, logos, product names, designs and slogans are the property of Shopify. Other names, logos and trademarks displayed through the Services belong to their respective owners.
7. Optional Tools and Third-Party Services
The Services may provide access to tools, payment services, applications or functionality supplied by third parties.
We do not control all third-party services and cannot guarantee that they will always be available, uninterrupted or error-free. Your use of a third-party service may also be governed by that provider’s terms and privacy practices.
Nothing in this section limits any responsibility we have for products sold directly by us or any rights you have under applicable law.
8. Third-Party Links
Our website may contain links to websites operated by third parties.
A link does not necessarily mean that we endorse or control the linked website. We are not responsible for the content, availability or privacy practices of websites we do not operate.
You should review the terms and policies of a third-party website before using it or making a purchase through it.
9. Relationship With Shopify
Our store is hosted by Shopify. Shopify provides the ecommerce platform used to operate the store, but products purchased through our store are sold by Vivid Plants.
Shopify is not the seller of our products and is not responsible for fulfilling orders, providing product information or administering refunds and remedies for products purchased directly from us.
10. Privacy
Personal information collected through the Services is handled in accordance with our Privacy Policy:
https://houby.me/policies/privacy-policy
Because the Services are hosted by Shopify, certain personal information is also processed by Shopify and other service providers that help us operate the store, process payments and fulfil orders.
Shopify’s privacy information is available at:
https://www.shopify.com/legal/privacy
11. Reviews and Feedback
If you submit a review, photograph, suggestion or other feedback, you confirm that:
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you have the right to submit it;
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it reflects your genuine experience or opinion;
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it is not unlawful, misleading, defamatory or infringing; and
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you have disclosed any incentive, payment or free product connected with the submission.
You grant us a non-exclusive, worldwide, royalty-free licence to reproduce, publish and display the submitted content for operating and promoting our business.
We may moderate or remove content where reasonably necessary, including content that is unlawful, misleading, offensive, irrelevant, fraudulent or inconsistent with these Terms.
We will not materially alter the meaning of a customer review when displaying it.
12. Errors and Availability
Occasionally, the website may contain typographical errors, inaccurate information or omissions relating to product descriptions, pricing, promotions, delivery charges, availability or delivery estimates.
We may correct errors and update information when they are identified. If an error materially affects an order you have already placed, we will contact you and provide an appropriate option, which may include confirming the corrected information or cancelling the affected product for a refund.
13. Prohibited Uses
You must not use the Services:
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for an unlawful, fraudulent or malicious purpose;
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to infringe intellectual-property, privacy or other legal rights;
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to harass, threaten, defame or harm another person;
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to submit false or misleading information;
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to distribute spam, malware, viruses or harmful code;
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to obtain unauthorised access to the website, another account or connected systems;
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to collect personal information unlawfully;
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to interfere with the website’s security or normal operation; or
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to reproduce, extract or commercially exploit website content without permission or another lawful basis.
We may suspend or restrict access where we reasonably believe a person has materially breached this section.
14. Suspension and Termination
You may stop using the Services at any time.
We may suspend or terminate access where reasonably necessary because of unlawful conduct, suspected fraud, security threats, misuse of the website or a material breach of these Terms.
Termination does not affect rights or obligations that arose before termination. Provisions that are intended by their nature to continue—including intellectual property, privacy, liability and governing-law provisions—will continue to apply.
15. Website Warranties
We take reasonable steps to keep the website accurate, available and secure. However, we do not guarantee that website access will always be uninterrupted, timely or error-free.
Website information is provided for general information and should not be treated as medical or other professional advice.
Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot legally be excluded, restricted or modified.
16. Limitation of Liability
To the extent permitted by law, Vivid Plants is not liable for indirect or consequential losses that were not reasonably foreseeable as a result of using the website or purchasing our products.
Nothing in these Terms excludes or limits liability where doing so would be unlawful. This includes rights and remedies arising under the Australian Consumer Law.
Where our liability can lawfully be limited, it will be limited to the extent that is fair and reasonable in the circumstances.
17. Customer Responsibility
You are responsible for loss reasonably suffered by Vivid Plants as a direct result of your unlawful use of the Services or deliberate material breach of these Terms.
This responsibility does not apply to the extent that the loss was caused or contributed to by Vivid Plants, Shopify or another person for whom we are legally responsible.
18. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary. The remaining provisions will continue to apply.
19. Waiver and Entire Agreement
A failure or delay in enforcing a provision of these Terms does not constitute a waiver of that provision.
These Terms and the policies referenced in them form the agreement governing your use of the Services and purchases made through the website.
Nothing in this section excludes any representation, guarantee or right that cannot lawfully be excluded.
20. Assignment
You may not transfer your account or your obligations under these Terms to another person without our consent.
We may transfer our rights and obligations where reasonably necessary as part of a sale, transfer or restructuring of the business, provided that doing so does not reduce your existing consumer rights.
21. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from them.
Nothing in this section limits any rights a consumer may have under applicable Australian consumer law.
22. Changes to These Terms
We may update these Terms to reflect changes to our Services, business practices or legal obligations.
The current version will be published on this page with its revision date. Where required by law, we will provide reasonable notice of material changes.
Changes will not retrospectively remove rights that arose before the updated Terms took effect.
23. Contact Information
Questions about these Terms should be sent to:
Vivid Plants
ABN: 14 734 013 351
Email: marketa@houby.me
Address: 5 Cotton Palm Drive, North Nowra NSW 2541, Australia
Website: houby.me