Terms & Conditions

Please read this carefully before using our site, services, products. This agreement (“Terms and Conditions“, “T&C“, “ToS“) is a legal contract between you (“you”) and Seeds and Plants (“Company“, “we“, “us“) over your use of our website located at seedsandplants.co.za (“Website“).

By using this Website you will be bound by these T&C and the Company’s privacy policy (“Privacy Policy“). If you don’t agree to these T&C and/or the Privacy Policy, you must not use this Website.

These T&C apply to the services available from and related to the Website, including without limitation any Company-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Products or Goods ”).

The Website Owner, including subsidiaries and affiliates (Seeds & Plants) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website.

The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. All of these changes shall be effective upon their posting on our site – your use of the website following such event constitutes your acceptance of the T&C as modified.

The Company reserves the right to amend and alter these Terms and Conditions. and the changes will apply from the date of posting.

If after the Terms and Conditions and/or the Privacy Policy have been amended or altered and you do not agree to their new terms, you must stop using this Website.

No information on this website shall be construed as advice. Information is offered for information purposes only. This includes any information on product pages or information in the articles that we publish. Information is for educational and informational purposes only and may not be construed as medical advice. The information proved is not intended to replace medical advice or treatment offered by healthcare professionals.You and / or your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please contact us.

3.1 PRODUCT INFORMATION AND AVAILABILITY: The provision of goods is subject to availability. Availability for each product is indicated on the website, but this information is merely a guideline. The Provider does not guarantee the accuracy of the product availability information nor the accuracy of the product description information – Although we do our best to ensure the accuracy of the information, sometimes items may be out of stock and product descriptions may have errors in the text.

3.2 OUT OF STOCK ITEMS: In cases of unavailability, the Provider will offer the Customer the option to receive a Store Credit OR a Refund, for the out of stock item only. If the customer does not wish to get a Store Credit, then the Provider will refund the customer via Payfast, for the out of stock item. Credit and cheque card refunds can take up to 7 and 10 business days, and Instant EFT refunds can take between 2 and 3 business days, to reflect in your bank account.

PLEASE NOTE: The Provider will only refund the customer for the out of stock item, not for the entire order.

4.1 ORDERS CANCELLED BY US: The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the provider will give the customer an option of a store credit OR a refund. If the customer opts for a refund, then the customer will receive a full refund without deductions, within 7 and 10 business days for Credit and cheque card refunds, and between 2 and 3 business days Instant EFT refunds.

4.2 PLEASE NOTE: Once you have placed an order, you cannot cancel the order.

4.3 LOST OR DAMAGED PARCELS: We offer NO guarantee on shipments against destruction. Even though we have implicit trust in the courier company that we use, it may happen that a parcel is lost or damaged during the shipping process.

Should the parcel be lost by the courier company, we will notify the customer and offer the customer the option to receive a Store Credit OR a Refund for the lost parcel. If the customer does not wish to get a Store Credit, then the Provider will refund the customer via Payfast, for the lost parcel. Credit and cheque card refunds can take up to 7 and 10 business days, and Instant EFT refunds can take between 2 and 3 business days, to reflect in your bank account.

Should the parcel be damaged by the courier company, we will not be liable to refund the customer nor will we be liable to replace the damaged items in the parcel. There is NO return or warranty on any plants or seeds or any other products that we sell.

4.4 WRONG SEEDS OR PLANTS ORDERED: The onus is on you as the buyer, to ensure that you look properly at the photos of the plants or seeds you intend to buy, as the photos show you exactly what the plant looks like. So please look carefully at the photos, to make sure that it is indeed the correct plant or seeds that you want to buy.

Do not order purely based on a plant name or description, because often plants have multiple common names worldwide, which can cause confusion. We will NOT refund you for not looking at the photos properly and ordering the wrong plant or seeds.

4.5 DAMAGED PLANTS: The onus is also on you as the customer to be very careful when you unpack your plant, so as to not break the roots, leaves or stem – We pack the plants properly and we will not be held liable should you break or damage the plant upon receipt of the plants or if the plant is damaged by the courier company whilst in transit or during handling of the parcel.

4.6 SEED GERMINATION FAILURE: Although we sell fresh viable seeds, seed germination ratios can be variable, depending on various factors such as Planting Season, Soil type & texture, Moisture, Soil pH, Soil salinity, Light, Temperature, Seed predators, Seed planting depth and much more. Additionally seed germination methods and cultivation practices, vary from person to person.

All these factors mentioned above are beyond our control.Therefore seed purchases are non-refundable and non-returnable. We will NOT be liable nor will we refund you, should any of the seeds that you have purchased from us, fail to germinate properly. We also do not issue refunds based on a water floating test or any other test.

4.7 INCORRECT SHIPPING ADDRESS: We send your parcel to the shipping address that you give us. It is very important to provide accurate  information and we do not deliver to a P. O. Box address. So please enter a full street address as the shipping address, including house/apartment/building number, street name, suburb, city, province and zip code. Please also make sure that your telephone number is correct as well as your email address.

We are not responsible for any return due to wrong shipping information provided or wrong telephone number provided.

4.8 SHIPPING DELAYS: We are not responsible for shipping delays which are beyond our control.

We send your parcel to the shipping address that give us. It is very important to provide accurate shipping information and we do not deliver to a P. O. Box address. So please enter a full street address as the shipping address, including house/apartment/building number, street name, suburb, city, province and postal code. Please also make sure that your telephone number is correct as well as your email address.

We are not responsible for any return due to wrong shipping information provided or wrong telephone number provided.

We are not responsible for shipping delays which are beyond our control.

General privacy policies

Your privacy and the security of information you provide is exceptionally important to us. We will not release, rent or sell personal information to any third parties without your consent, unless we are compelled to do so by law. We treat all your personal information as confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place including the Consumer Protection Act.

Our secure databases encrypt your information in order to minimize the risk of unauthorized disclosure or interception. Our Website make use of ‘cookies’ which collect data about the device that you use to access our Website. The cookies minimize the possibility of unauthorized access to, and disclosure of, your personal information.

Seeds & Plants limits the amount of payment related information securely held on Seeds & Plants’s servers or infrastructure – this information is purely used for your fraud protection with strictly controlled access and for a limited time period. We prefer to protect our customers by also providing  completely secure and encrypted gateways into our specialist third party payment providers (“Payfast “). This ensures we provide the highest levels of security including PCI compliance.

If you want to use the Website but do not wish to be sent additional marketing information and newsletters, please ensure the relevant option is selected during registration that indicates your preference. You can also opt in or out of receiving marketing information at any time through your registered profile or by clicking the unsubscribe link any newsletter that you may receive from us.

Please note that we reserve the right to communicate with you (via writing, phone, email and/or SMS) with information directly related to the Seedsandplants.co.za service. This information is necessary to allow you to use the service and any enhancements we make from time to time.

You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate. If you wish to view any information you have submitted, please contact us in writing. Nothing in these Terms and Conditions affects your rights under the Data Protection Act.

Your information

You should be aware that this website is being monitored and may capture information about your visit that will help us improve the quality of our service.

When you shop on our Website, we will ask you to input and we will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, and product selections (please note that your payment details are handled through a third party specializing in secure payments – while we provide an additional anti-fraud verification layer).

We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held securely and thus your privacy is protected.

What we collect and store

While you visit our site, we’ll track:

• Where you are on the internet (e.g. the referral URL that you came from, domain types like .co.za, .com and the country that you are from),
• Advertisements you clicked on, and any search terms that you entered on our Website (“User Information”)
• Pages and Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
• Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
• Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We may collect this information even if you do not register with us.

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number  and optional account information like username and password. We’ll use this information for purposes, such as, to:

• Administer this Website
• Send you information about your account and order
• Respond to your requests, including refunds and complaints
• Process payments and prevent fraud
• Set up your account for our store
• Comply with any legal obligations we have, such as calculating taxes
• For statistical purposes and to improve the Website and the services we offer
• Send you marketing messages, if you choose to receive them
• Send you back in stock notifications, if you have subscribed to be notified

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, Although we are not legally required to continue to keep it, we do store order information indefinitely, for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, fax, email, SMS or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.

Who on our team has access

Only the website owner, who is also the website Administrator, has access to the information you provide and can access:

• Order information like what was purchased, when it was purchased and where it should be sent, and
• Customer information like your name, email address, and billing and shipping information.

The website administrator which is the website owner, has access to this information to help fulfill orders, process refunds and support you.

What we share with others

General

We collect information about you during the checkout process on our store. Your personal information may be disclosed to reputable third parties such as payment gateway providers and courier companies, with the sole purpose of helping to process your order and ship your order. Seeds & Plants require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable South African Data Protection and consumer legislation in place.

We reserve the right to disclose information if we are requested to by the police or any other regulatory or government authority investigating suspected illegal activities. This includes the provision of personal information and /or user information.

Payments

We accept payments through Payfast. When processing payments, some of your data will be passed to Payfast including information required to process or support the payment, such as:

• Name
• Email
• Address
• Phone
• Purchase Total
• Unique payment identifier
• Payment provider identifier

Please see the Payfast Privacy Policy for more details.