These terms and conditions (T&Cs) govern your use of the Plant & Pot Limited (Plant & Pot) online store (the Site). By using the Site and placing an online order, you agree to and are bound by these T&Cs.
Plant & Pot is located and operates from Auckland, New Zealand (NZ), and the laws of NZ govern these T&Cs and your use of the Site. Plant & Pot delivers to NZ addresses only.
On this Site and in these T&Cs we sometimes refer to plants as “goods”, “foliage” or “greenery”. You accept that they mean the same.
Due to natural variations, you accept that plants supplied will inevitably vary in size, colour and/or shape compared to their photographs on this Site.
All prices (and promotions) shown are in NZD and are subject to change without notice. All transactions will be billed in NZD.
Plant & Pot has sole discretion to accept or reject any order (or cancellation request or redelivery request) or any variation or modification of an order. Plant & Pot reserves the right to cancel and/or refund any order placed and/or paid for.
Plant & Pot will make all reasonable efforts to ship/dispatch goods to the recipient on the next available shipment/dispatch date following payment. However, delivery may be delayed due to various matters, including but not limited to public holidays, availability of stock and/or demand for certain products.
However, time is not of the essence under these T&Cs and Plant & Pot shall not be liable for any failure (or delay) to deliver for any reason.
If we, or our delivery agents, have not been able to deliver the goods on the first attempt, for whatever reason, redelivery costs will apply and these will be charged to you (the customer).
Plant & Pot does not accept liability for any loss or damage to goods that occurs after delivery.
Plant & Pot values your privacy and is committed to ensuring that your information remains confidential. We collect customer information so that we can successfully provide you with our goods and services.
Plant & Pot will not disclose any personal information to a third party who is not involved in taking payment, preparing and/or delivering the goods (unless authorised to do so or as required by law).
Unfortunately we do not offer exchanges or refunds for goods purchased online due to change of mind.
If you receive faulty or incorrect goods we will offer an exchange or refund. However, in relation to incorrect goods you acknowledge that, as set out above, due to their nature plants supplied will inevitably vary in size, colour and/or shape compared to their photographs on this Site.
Faulty goods will be assessed by Plant & Pot and either replaced or refunded.
Please email us at email@example.com about incorrect or faulty goods within 3 working days of receiving your order. We may ask you to send us a photo of the goods.
If we assess the goods as faulty or incorrect, we’ll refund you all associated shipping costs. If we ask you to return the goods, please repackage them securely as you are responsible for returning goods. Plant & Pot does not accept responsibility for packages we do not ship ourselves. We will contact you once we have received the goods.
If we issue a refund it will be processed in the original form of payment and we will aim to do this within 5 working days. You’ll be notified of the refund via email to the email address provided with the original order. Please note: your bank may require additional days to process this transaction.
Your Health and Wellbeing
It is your responsibility to ensure that you, and everyone you are responsible for (including pets), takes reasonable precautions around plant and soil material, and fertilisers. Reasonable precautions include (but are not limited to):
- Repotting plants in a well ventilated environment and wearing protective gloves. Soil should also be dampened to minimise dust.
- Washing your hands thoroughly after any contact with plants, soil or fertilisers.
- Not ingesting or inhaling material from plants or soil or fertilisers, and avoiding skin contact with plants as required (including but not limited to plant sap and the spines of cacti). Some plants or part thereof may be toxic.
- Avoiding the purchase of and/or contact with plants you are allergic to.
Please seek medical advice immediately if you are concerned about your wellbeing, or those you are responsible for.
Disclaimer and Limitation of Liability
To the maximum extent that is permitted by law, Plant & Pot does not accept liability for any damages or losses or injury caused as a result of the misuse of goods supplied by us, or failure to take reasonable precautions. This includes damages or losses or injury caused by ingestion, inhalation or contact with plant material, soil material or fertilisers.
Plant & Pot does not accept liability for any damages or losses caused by water or soil spills or leaks.
Nor do we accept liability for damages or losses relating to or resulting from your use of (or inability to use) the Site or from any actions we take or fail to take as a result of electronic mail messages you send us.
These limitations apply regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Use of Material from this Site
The Site (including all its content) is the property of Plant & Pot and is protected by copyright and other laws of NZ and other countries. You agree that you will not use any material from the Site for your personal or a related parties benefit or advantage.
The Site may contain links to (or be linked from) other Internet sites which are not controlled, associated or affiliated with Plant & Pot. We are in no way responsible for the content on these Internet sites or webpages, nor can we accept any liability for loss, damage or costs you might incur as a result of relying upon this information.
We reserve the right to change these T&Cs at any time by posting revised terms on the Site. It is your responsibility to check for these changes. Your continued use of this Site means you accept the revised T&Cs.
If we fail or delay to exercise any right or power under these T&Cs, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
If any term of these T&Cs is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.