Where a product refers to a guarantee, commitment, product performance or warranty (statements); all such statements are subject to the terms and conditions as outlined below.
Unless explicitly stated items are not covered by a guarantee for outdoor use, commercial areas, storms, human interference, animal interference or any other factor that would reduce the life-span of such products, or the performance of such items.
All transactions with Designer Plants USA (we) are subject to the following:
We will not be liable for any incidental, consequential, punitive, special, indirect damaged or lost profits. This limitation shall apply even if we have been notified of such damages. We will not be liable for but not limited to: installation costs, delivery costs, clean up costs, liability associated with the use of the product, or any other such costs. We limited our liability to the repair, or replacement of such items. We make no other guarantee as to the suitability of the goods, or services other then of explicitly stated in these terms and conditions.
We specifically disclaim and exclude any implied warranties, or merchantability or fitness for a particular purpose as are any other warranties recognized by law.
The governing law of your contract / transaction, or any other cause of legal action you shall have will be governed in accordance with, interpreted in accordance with and heard in the state of Wyoming, USA. The State of Wyoming has exclusive authority to hear such matter, and no other state or federal court shall have jurisdiction to hear any disputes relating to this agreement, transactions of interactions (whether by contract or law you have with us (Designer Plants USA)).
Where we have stated that an item is suitable for UV exposure, unless stated otherwise such guarantee shall apply for 6 months only.
All products will be subject to degradation if exposed to ultra-violet light, or weather. Where a period of 5 years has been indicated the warranty covers excessive color discolorations in the following way:
- We reserve the right to request the items are returned to us for assessment, with such freight being borne by you. We shall retain the right to determine if excessive colour fade has occurred.
- Should excessive discolouration occur within the first 6 months the product will be replaced in full.
- Should excessive discolouration occur within 6-12 months we will cover 80% of the RRP in replacing the goods – you will cover the shipping and balance.
- Should excessive discolouration occur within 12-24 months we will cover 50% of the RRP in replacing the goods – you will cover the shipping and balance.
- Should excessive discolouration occur within 24-30 months we will cover 30% of the RRP in replacing the goods – you will cover the shipping and balance.
- Should excessive discolouration occur within 40 – 60 months we will cover 10% of the RRP in replacing the goods – you will cover the shipping and balance.
- Should excessive discolouration occur within 6-12 months we will cover 80% of the RRP in replacing the goods – you will cover the shipping and balance.
- The warranty is between us and you (no one else). If the item is sold, transferred, hired or installed and then removed and installed again the warranty will not apply.
Should you refuse to make the payment for state sales taxes, the balance of the item or freight we reserve the right to end the warranty and take no further action and you relieve us of all further action or threats of action.
You must make the claim within 7 days of becoming aware of the issue, and the item is not to be returned without us authorizing such return.
Website terms and conditions
This website is operated by Designer Plants USA Throughout the site, the terms “we”, ”us” refers to Designer Plants USA
By visiting our site and/ or purchasing something from us you agree to the following terms and conditions.
Please read these Terms & Conditions carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. Should you not agree to be bound as such; immediately exit the site and do not proceed any further.
Any new additions we introduce whether online or offline are bound by the same terms & conditions.
SECTION 1 – ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any harmful technology/s
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and is managed by a 3rd party secure provider.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We invite you to contact us should you require further information.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – UPDATES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree to provide us with correct billing and delivery information and to do all that is required to accept delivery of such items without us incurring further costs, i.e. redirection costs.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY
Certain content, products and services available via our Service may include materials from third-parties. Such 3’rd parties are access entirely at your own risk.
We may recommend 3rd parties to engage with during the purchase or use of such products we do not assert or claim that those 3rd parties are suitable – you need to make your inquiries to ascertain this.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Designer Plants USA (we), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws The State of Wyoming.
SECTION 17 – CHANGES TO TERMS OF SERVICE
Changes may occur without notice & will be posted online.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales @designerplantsusa.com.au (no spaces).