Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or superior, uncontrollable force for which we will not be responsible.
In order to contract with Lots of Plants you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Lots of Plants retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Lots of Plants or may in some cases be a third party.
Where a contract is made with a third party, Lots of Plants is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you order has been processed and your order will be fulfilled. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and itemized in the ‘Total Cost’.
Taxes
The prices quoted herein do not include sums necessary to cover any taxes or duties including but not limited to Federal, State, Municipal excise, sales or use taxes or import duties upon the production, sales, distribution, or delivery of goods or furnishing of services hereunder. Any taxes or duties that are due and owing hereunder shall be paid by the Buyer. Accordingly, Seller reserves the right to revise its price after the execution of this Order between the parties to include any and all taxes or duties that may become due hereunder and Seller may invoice Buyer for said additional amount. This clause shall survive the acceptance and complete performance of this Order by the parties herein.
Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Condition of Sale
After you submit your order and the checkout process is completed, your order is taken from inventory and your credit card will then be charged. Customer agrees that their order will be delivered without requiring a signature. Our courier will leave the package(s) at your front door, unsupervised, unless other arrangements are made with us by the customer.
Changes
Seller at all times reserves the right, and is entitled in its sole discretion, to make changes, additions or improvements to the products being delivered under an Order without liability or any obligation to incorporate such changes, additions or improvements into any item or product manufactured, sold or delivered prior to incorporation of the change, addition or improvement.
Excusable Delay
The Seller shall be excused from delays in delivery and performance of other contractual obligations under this Order caused by acts or omissions that are beyond the reasonable control and without the fault or negligence of Seller including but not limited to Government embargoes, blockades, seizure or freeze of assets, delays or refusals to grant an export license or the suspension or revocation thereof, or any other acts of any Government, fires, floods, severe weather conditions, or any other acts of God, quarantines, labor strikes or lockouts, riots, strife, insurrection, civil disobedience, war, material shortages or delays in deliveries to Seller by third parties. If the excusable delay circumstances extend for six months, either party may, at its option, terminate this Order without penalty or liability and without being deemed in default or in breach thereof.
Inspection
Upon receiving your package, it is the Customer’s responsibility to inspect the package to decide whether to accept or deny the delivery pursuant to the order. Should the order be incorrect, you should contact Lots of Plants Support about the nonconformance and allow a reasonable amount of time to correct the issue. The customer will herein be deemed to have accepted the order upon delivery hereunder and to have waived any such nonconformance in the event where Lots of Plants does not receive notification that the products delivered do not comply with the images and specifications within forty-eight (48) hours after the Customer takes custody of the package. Unless otherwise agreed, the inspection will not take place at the Seller’s facility.
48 Hour Plant Replacement Policy
All sales are final. In the event that your plant arrives with damage, you must, within 48 hours of receipt of the plant, send us pictures of the damaged product(s) for our claims team to review. If the damage occurred during our handling of the plant or during the shipping of the plant, we will replace the plant at no additional cost. Because living plants require special care and are perishable, we do not accept returns, exchanges, or refunds. We do not accept claims for plants that have been planted or removed from the pot that they arrived in.
Damaged Packages
In the case that you receive a damaged package, it is your responsibility to inspect the damage and -- if the damage is enough to possibly damage the product inside -- refuse the shipment, as this type of damage will be a claim with the courier. Courier claims can take weeks; so in a case such as this, we ask that you send us pictures, so we can send out a new package with the approval of our claims team without waiting for the claim with the courier to come to a conclusion.
Optional 90 Day Warranty
Notwithstanding the terms described above, for ten percent (10%) of the cost of the product, Lots of Plants will offer a ninety (90) Day Extended Warranty for your plant, which covers the cost of the plant, including any applicable tax, but does not include shipping. The Extended Warranty must be purchased with the product at the time of the initial purchase for warranty to be valid. If you purchase the 90 Day Extended Warranty, we will replace your plant, if it dies within 90 days from the time of delivery for any reason other than customer negligence.
To make an Extended Warranty claim, you must, within 90 days of receipt of the plant, send us pictures of the dead product(s) for our claims team to review. Upon verification of a covered claim, we will either replace the plant or offer the product’s cost as store credit towards a different plant of the your choosing. Any plants provided as replacements are not covered by any warranty. Please note that any plant that is not planted in native soil at the time of receipt will not be covered under any warranty purchased or otherwise. Our plants need native soil, they must be planted in native soil in order to have their best chance of survival. Plants left in existing containers or planted in above ground planters are not covered under any warranty offered. Conversely, if your purchase contains quart sized plants, those MUST be planted in 2 or 3 gallon pots using pine bark soil conditioner. Quart plants that are planted in native soil or planted in pots using an incorrect soil are excluded from the warranty.
Limited Warranty
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS.
Dispute Resolution
These Terms of Sale shall be governed and interpreted under the laws of the State of North Carolina. You agree that the courts of the State of North Carolina shall have exclusive jurisdiction to resolve any legal disputes arising out of your purchase.