Terms and Conditions for Use and Sales
(referred to in this document as “Terms & Conditions”)
These Terms & Conditions were last updated on 09/30/2016
1.1 These Terms & Conditions set out the terms between you, the customer, and Plantfinderpro LLC (referred to in this document as ‘The Company’) and shall apply to all goods supplied by The Company whether manufactured, distributed, licensed, or supplied wholesale. These Terms & Conditions overrule any terms and conditions supplied by a customer with any order and are the only Terms & Conditions under which products will be distributed, licensed, or supplied by the Company.
1.2 Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions in full.
1.3 You should not use this website if you do not accept with these Terms & Conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
2.4 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.5 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.6 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
3. License and Access
Subject to your compliance with these Terms & Conditions, The Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this website. This license does not include any resale or commercial use of any portion of this website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any portion of this website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms &
Conditions are reserved and retained by The Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Company’s name or trademarks without the express written consent of The Company. You may not misuse this website. You may use this website only as permitted by law. The licenses granted by The Company terminate if you do not comply with these Terms & Conditions.
Please review our Privacy Notice, which also governs your use of this website, to understand our practices.
5. Electronic Communications
When you use this website, or send e-mails, text messages, and other communications from your desktop or mobile device to The Company, you are communicating with The Company electronically. You consent to receive communications from The Company electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website or through other means, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Product Pricing and Title
6.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
6.2 We reserve the right to alter all product pricing without notice and in our sole discretion.
6.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
6.4 The Company reserves the right to recover any goods supplied to the customer irrespective of where the goods are located or on whose premises the goods are located until full payment has been received.
6.5 All prices EXCLUDE packing, packaging and delivery charges.
6.6 Overdue accounts will be charged interest at the maximum rate allowed by law.
7. Product Descriptions
The Company attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of our website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
8. Your Order
8.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
8.2 All orders however received will be confirmed to you by our sales office in writing within 48 hours of receipt stating order details, week of delivery and if delivery charges will be levied. This is our understanding of your order and you must notify us immediately of any mistakes, however caused, or we will not entertain claims for discrepancies of any sort.
8.3 All orders placed with The Company are final and cannot be cancelled once a confirmation note has been supplied to the customer. Orders cancelled prior to the confirmation note being received will incur a 10% cancellation charge.
8.4 Product items not included within the dispatch email are not included in the order and contract between you and us.
8.5 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
8.6 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
8.7 Not all the planters we sell are supplied as watertight and if you have any doubt you must check with the sales office at the time of ordering. Even where planters are supplied watertight the onus is on the customer to check this prior to installation on site. Planters can leak on site due to damage sustained in planting, delivery or while in situ and therefore no credit claims for damage to third party property will be entertained by The Company for damage allegedly sustained from leaking planters. The Company will repair free of charge any planters sold as watertight that are found to be leaking prior to planting.
8.8 All colors and photos on the website and in our brochure are approximations only. The Company will not entertain any claims based on color discrepancy. In order to be sure of exact color matches please request samples or consult a correctly printed color chart.
8.9 Order confirmation and invoices will only be supplied by email. Please ensure you provide valid email addresses for both, at the time of ordering.
8.10 Credit card details are captured on a secured page and are transferred using industry standard SSL encryption to our payment provider, SagePay. You bank may require you to enter additional authorization passwords (e.g. 3D Secure / Verified by Visa) at checkout.
8.11 All Planters are designed to be stood on level, flat surfaces with the base fully supported across its length and breadth. Standard planters cannot be placed on ‘feet’, batons or any other kind of support that creates a pressure point in a localized area. This will cause the planters to buckle, distort and ultimately, fail. The same effect can be caused by cobbles or pavers. Bases for use with supports or for
uneven ground can be engineered into any of our ranges for extra cost so please ask for a quotation. The Company will not accept claims for any damage to its planters caused by placing them on uneven surfaces, including cobbles, or by raising them off the ground on feet, batons or runners of any sort.
8.12 When customers place an order, ALL orders are final.
8.13 Natural finishes have not only the look but also behave like the real material, weathering naturally if outdoors. However, the surfaces will mark clothes if brushed against so use indoors only in low footfall areas. Rust can be matt lacquered to avoid this problem on request. The company will not entertain any claim relating to damages or cleaning of clothes or surfaces relating to these finishes.
9. Shipping and Customs Duty
9.1 All orders received by us are shipped subject to availability.
9.2 All products are manufactured to order and are not held in stock. You will be given and estimated delivery date with the confirmation of your order that will not normally exceed 8 weeks from the date of order. If a longer delivery date is given, you will be offered the opportunity to cancel your order and receive a full refund.
9.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
9.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
9.5 All delivery dates provided are best estimates only and are NOT GUARANTEED as all products are manufactured to order and unforeseen delays can arise during the manufacturing process. The Company will not be held liable for any loss of profit claims or any additional incurred costs resulting from incorrect/late deliveries or damaged goods. We also cannot be held responsible for disruption to deliveries caused by industrial disputes or any action of the courier concerned which is outside our direct control.
10. Cancellation Rights, Returns and Refunds
10.1 In order to cancel a purchase, where allowed, you must notify us in writing (email or letter) within 7 calendar days from the day after you receive your goods.
10.2 As stated above notification of cancellation must be in writing; a telephone call is not a valid cancellation.
10.3 No right of cancellation, refund or return exists once you have used your product, unless the product is defective and you are returning it for this reason.
10.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
10.5 No right of cancellation exists for personalized goods or custom made items, unless defective.
10.6 If goods are delivered by carrier by signing the delivery document you are accepting that there are no discrepancies or damaged goods. You must check the consignment thoroughly before signing. If goods are signed for without comment then it is important to note that the Company will accept no claims for damaged or missing goods from that consignment as we are unable to claim insurance ourselves. If you are in any doubt at all you MUST sign for the goods as DAMAGED
10.7 Damaged or missing goods must be reported, in writing with photographic evidence, within 24 hours of receipt or credit claims will not be entertained.
10.8 Please observe the following procedure for all returns to us:
10.8.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
10.8.2 If you are returning your product because it is defective, please state the defect or defects.
10.8.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
10.9 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
10.10 You are responsible for paying any postage or shipping costs incurred when returning the product.
10.11 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
10.12 We will not issue refunds for any items lost or stolen in transit to us.
10.13 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
10.14 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
10.15 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge.
11. Customer Complaints
We endeavor to respond to all customer complaints or queries within five (5) working days.
12. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
13. Events outside our control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
14. Disclaimer of Warranties and Limitation Of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of this website, or to any products or services sold or distributed by The Company or through this website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Streetman Law, 1906 North Tampa Street, Suite 200, Tampa, Florida
33602-2133. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Hillsborough County, Florida or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Applicable Law
By using this website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and The Company.
17.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
17.2 The data mining, extraction or utilization of product information from our website is not permitted without our express prior written permission.
18. User Generated Content
18.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
18.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
18.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
18.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
18.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
18.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
18.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these Terms & Conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these Terms & Conditions.
We reserve the right to vary these Terms & Conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
24. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
25. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us.