2. Information on the 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. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and 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. Returns and Refunds
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 User will receive a full refund with no deductions within 14 days of making payment.
Please note that once you have placed an order, it may not be cancelled.
The onus is on you as the buyer, to ensure that you look properly at the photos of the plants you intend to buy, as the photos show you exactly what the plant looks like, to make sure that it is indeed the correct plant that you want to buy. Do not order purely based on 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.
The onus is also on you as the buyer 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 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.
With regards to seeds, although we sell fresh viable seeds, the onus is on you as the buyer, to germinate the seeds correctly. Additionally seed germination ratios can be variable, depending on various factors and we will NOT be liable, should any of the seeds that you have purchased from us, fail to germinate properly.
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.
4. Membership and Registration
Registration on our website is free and open to all people who are eligible to enter into contract under applicable law, i.e. you are eighteen years of age or older. If you do not meet this requirement then Seeds & Plants may terminate your user access, or suspend any user access to all or part of seedsandplants.co.za without prior notice for any conduct that Seeds & Plants in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, third party provider, service provider of Seeds & Plants.
5. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
6. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, or any product advertised on the website. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever.
7. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
8.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
8.6 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
9. Comments or Questions
Disclaimer: The Website Owner makes no guarantees about the legality of these documents, or their suitability for use as legal website documents.