Terms and conditions

Warranty

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 recognised by law.

Governing 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)).

UV Warranty

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 colour discolouration 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

OVERVIEW

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

Your submission of personal information through the store is governed by our Privacy Policy.

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).

Privacy Policy

Designer Plants Privacy Policy

1. Your privacy

Designer Plants USA. (WE / US / Designer Plants) is committed to protecting your personal information.

2. What we collect and how we collect it

The personal information we collect about you depends on the dealings you have with us.

Personal Information includes information about an individual who is reasonably identifiable. For example, if you:

  • provide details to join special mailing lists or databases if you’d like to receive information about, for example, certain brands, products or designers, we may collect your name, contact details, date of birth and information about your shopping or product preferences
    provide information via social media pages such as providing your name or contact details via the Designer Plants Facebook pages, or our Twitter or Instagram accounts or other social media sites or Apps
  • attend a Designer Plants function or event (or event which we attend), we will collect your name, contact details and any dietary or accessibility requirements
  • enter a competition or complete a survey, in online or printed format, we may collect your name and contact details along with your merchandise or services preferences and feedback
  • send us an enquiry or provide us with feedback through our online form or via our Customer Service Centre, we will collect your name, contact details, details of your enquiry or feedback and information about our response
  • apply for a job at Designer Plants, we will collect the information you include in your job application, including your and your referee’s contact details.

3. Collection of personal information through websites and Apps

Information is automatically collected through your use of our websites, Affiliates’ websites and Apps, through cookies. Cookies are small text files that websites or apps may place on your computer or device. Most often, cookies are used to recognise repeat users of websites and remember user preferences. We may collect this information both anonymously and in relation to user accounts. Cookies are also used to allow the website to track usage behaviour and aggregate data to allow Designer Plants to customise a user’s experience on their websites. For example, when you visit the Designer Plants website, we may use cookies to record information including your server address, the date and time of your visit, the pages you viewed, any documents you downloaded and the type of browser and operating system you used.

4. Sensitive information

Designer Plants only collects sensitive information (eg health information) where it is reasonably necessary for our functions or activities and either you have consented, or we are required or authorised by law to do so.

5. Why we collect personal information

6. Main purposes

The main purposes for which we collect, hold, use and disclose personal information are:

  • processing transactions, in-store and online, and delivering products and services
  • to provide any associated loyalty program
    promoting Designer Plants and its products and services, including through direct marketing, events and competitions, public relations and social media
  • performing research and statistical analysis, including for customer satisfaction and product and service improvement purposes. This may include matching information we collect against other information held by third parties. (We may also use and disclose de-identified data for these purposes)
    helping us tailor existing or develop new products, services or offers, and to help us selectively target promotional offers and opportunities
  • developing or seeking to deliver new ranges of products or services
  • protecting the security of our stores, staff, customers, suppliers and merchandise (including theft and fraud prevention)
  • answering queries, resolving complaints and responding to social media
  • recruiting staff and contractors
  • general planning and administration
  • Dealing with 3rd party advertising agencies, or software providers.

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law, and for which you have provided consent.

7. Direct marketing and opting out

By providing your address, email address and telephone numbers to Designer Plants, you consent to Designer Plants contacting you for the purposes set out above. We may send this information in a variety of ways, including by mail, email, social media, SMS, MMS, telephone or any other means.

You may request to be removed from our systems by:

  • contacting our Privacy Officer by email at sales @designerplantsusa.com (no spaces)
  • by speaking to our Customer Service Centre by phone on 1213-410-4489
  • or by writing to the Privacy Officer, Designer Plants 30 N Gould Street STE N, Sheridan, Wyoming, 82801 advising us if you receive a marketing call that you no longer wish to receive these calls; or
    using the unsubscribe facility that we include in our electronic messages (eg email, SMS or MMS) to opt out of receiving those messages.

8. Email and mobile communication

If you provide us with an email address or phone number, you consent to electronic communication such as notices or reminders being sent to you via that address or number. You may prefer to provide to us with your personal email address or phone number rather than, for example, an email address accessible by your work colleagues.

9. Who we may share your personal information with third parties

We may share your personal information with third parties where appropriate for the purposes set out above, including:

  • financial institutions for payment processing
  • referees whose details are provided to us by job applicants
  • Designer Plants contracted service providers or partners, including: overseas and local agents, delivery and shipping providers, information technology service providers, venues and event organisers, marketing and communications agencies, research and statistical analysis providers, call centres, hard copy and electronic mail houses, manufacturers and suppliers and external business advisers (such as recruitment advisors, auditors and lawyers).
    regulatory, investigative or government bodies to comply with laws

We may ask one of these third parties to contact you directly for a specific purpose, and provide us with information collected from you in the course of providing the relevant products or services.

10. Data quality and security

11. General

We hold personal information in a number of ways, including in printed documents, electronic databases and email contact lists. Printed documents may be held at Designer Plants, or archived in boxes and stored in secure offsite facilities. We take reasonable steps to:
ensure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
destroy or permanently de-identify personal information that is no longer needed for purposes permitted by the APPs.
You can help us keep your information up to date, by letting us know about changes to your details.

12. Security

The steps we take to secure personal information include website protection measures, security restrictions on access to Designer Plants computer systems, controlled access to Designer Plants corporate premises, policies on document storage and security, personnel security and training and workplace policies. While we endeavour to protect the personal information of users of our website, we cannot guarantee the security of information you disclose online: you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact Designer Plants as set out in section 8. You can also help protect your personal information by keeping your account details confidential. If you become aware of any security breach, please let us know as soon as possible.

13.Third party sites

Links to third party sites that are not operated or controlled by Designer Plants are provided for your convenience. Designer Plants is not responsible for the privacy or security practices of those sites, which are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.
13b. Remarketing
From time to time Designer Plants may remarket our products and services to you using the information we have collected such as cookies or past user data. This may be used to support advertisements or campaigns to you via third party partners like Google. For opt-out information visit: http://optout.networkadvertising.org

14. Access and correction

15. General

Please contact our Privacy Officer if you would like to access or correct the personal information that we hold about you. We may ask you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

16. Access

We will generally provide you with access to your personal information within 30 days, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (eg by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We may however charge a fee to cover our reasonable costs of locating the information and providing it to you.

17. Correction

If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the relevant privacy laws of the relevant state, you may ask us to notify that other entity. If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful.

18. Complaints or Questions

If you would like further information about how we manage your personal information, or if you have any queries relating to our Privacy Policy, or wish to lodge a complaint in relation to an alleged breach of the Privacy Act, please contact our Privacy Officer by:

Mail: Designer Plants 30 N Gould Street STE N, Sheridan, Wyoming, 82801
Email: sales@ designerplantsusa.com (no spaces)
Online: Customer Enquiry & Feedback Form
Telephone: +1 (888) 626 1506

All complaints received by the Privacy Officer will be dealt with fairly and in a timely manner considering all the circumstances of the complaint. In most cases, we expect that complaints will be investigated and a response provided within 30 days of receipt of the complaint.

19. Changes to this Policy

Designer Plants USA. may amend this Privacy Policy from time to time. The current version will be posted on our website.

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