Terms and Conditions
Last updated: 18 June 2012
These are the terms and conditions for the use of the www.plantedd.com website. Please consider them carefully. By using the www.plantedd.com website you agree to be bound by these terms and conditions (such use includes, but is not limited to, browsing, registering, making purchases, selling plants and contributing content to the www.plantedd.com website).
Please contact us by email if you have any questions about the terms and conditions.
‘Customer’ means any User who places an order on the Site for the purchase of Plants;
‘Nursery’ means any User who lists Plants for sale on the Site;
‘Plant’ means any plant, bulb, rhizome, corm, tuber, seed or similar product, which is offered for sale on the Site;
‘Plantedd’ means Plantedd Limited, and references to ‘we’ and ‘us’ shall be construed accordingly;
‘Site’ means the website at www.plantedd.com;
‘Terms’ means the terms and conditions set out here on this page, and any other such terms and conditions which may be substituted in their place by Plantedd from time to time; and
‘User’ means any user of the Site, and references to ‘you’ shall be construed accordingly.
In these Terms, words in the singular include the plural and vice versa.
1. THE SITE
The Site is an online platform which allows Nurseries to offer and sell Plants to Customers or potential Customers. You agree that Plantedd is not a party to the transaction between Nurseries and Customers, and that it has no control over the actions of Nurseries, Customers or any other Users.
Although Plantedd tries to ensure that Nurseries are reputable and reliable businesses that are passionate about plants, please note that we do not take responsibility for screening or verifying the Users or the Plants on the Site. You are responsible for confirming the identity and suitability of the Users that you transact with.
You agree that any remedy sought against, or liability for, any loss or damage (direct or indirect) in relation to the acts or omissions of any other User will be restricted to the relevant User and for the avoidance of doubt, you agree that Plantedd will not be liable for any such loss or damage (insofar as permissible under the law).
You warrant that all of the information that you provide during registration is true, accurate, current and complete, and further, that you will update the information so that it continues to be true, accurate, current and complete. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You must contact us immediately upon becoming aware of any breach of security or unauthorised use of your account. You will keep your password safe. You agree not to share your password with any third party. We will not be responsible for any loss or damage resulting from a failure to keep your password safe.
3. LISTING PLANTS FOR SALE
By listing a Plant for sale on the Site, Nurseries warrant that they may legally sell the Plant and further, that they are not in breach of any agreements with third parties or any applicable rules or regulations in doing so.
Nurseries also warrant that the information accompanying each listing is accurate to their best knowledge and a true description of the relevant Plant.
Plants listed for sale on the Site will not be published to the live Site until the Nursery has set up a Direct Debit mandate with GoCardless for the payment of the fee as set out in Clause 4 (Fees).
When a Plant is sold, Plantedd charges Nurseries 8% of the sale price. The price of each Plant shall be a true reflection of the transaction and Nurseries shall only charge reasonable postage and packaging costs. Nurseries shall not charge excessive postage and packaging costs or otherwise artificially reduce or avoid fees.
There are no fees for listing Plants and there is no intention to introduce any such fees.
Notwithstanding the foregoing provisions on fees, Plantedd reserves the right (at its sole discretion) to review the rate and structure of the fee it charges, provided that we give Nurseries no less than 28 days’ notice by email and by updating the Terms on the Site.
Nurseries shall pay the fee to Plantedd by Direct Debit and set up a Direct Debit mandate with GoCardless to make such payment. Plantedd will email Nurseries with an invoice in relation to the total fee due for each two-week period, and the fee shall be debited from the Nurseries’ bank account on the date falling 6 days after the date of the invoice. The first invoice shall be sent on the date falling 15 days after the date that the Nursery set up their Direct Debit mandate, and then every two weeks after that. Where the account of any Nursery is closed or terminated for any reason, the unpaid fees which are outstanding at such date shall continue to be payable by the Nursery after the closure or termination of the account.
All orders placed on the Site are subject to acceptance by Nurseries and the availability of the Plants. Nurseries may be offering their Plants for sale at their own premises or through other channels, as well as on the Site, so items can sell out at short notice.
When Customers place their orders, they will receive an email acknowledgment of their order. This is not an acceptance of the order. It is only an acknowledgment of the order details.
Nurseries reserve the right not to accept any order where the Plant is out of stock; payment cannot be authorised; delivery of the Plant to the Customer is not possible or not economical; or there is any other reasonable and proper concern in connection with fulfilling the order.
Also, Plantedd may refuse to process any transaction for any reason or refuse service to any person at any time at our sole discretion. We will not be liable to such person or any third party for the effect of any such refusal.
Customers warrant that the credit card, debit card or PayPal account that is being used is theirs or that they are authorised to use it.
7. YOUR CONTENT
Plantedd does not claim ownership rights in Users’ content such as text, images, audio, video or other information which a User posts, uploads, publishes, submits or transmits in order to be made available through the Site. Nothing in these Terms will be construed in a way so as to restrict any rights that you may have to use and exploit any such content.
You grant to Plantedd a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free license. You agree to allow Plantedd to store or re-format your content on the Site and display your content on the Site in any way that we choose.
Please contact us by email with any feedback, comments and suggestions.
You agree that all feedback, comments and suggestions will be the sole and exclusive property of Plantedd and you agree to irrevocably assign to Plantedd all of your right, title and interest in such feedback, comments and suggestions (including, without limitation, all worldwide patent, copyright and other intellectual property rights therein.
Plantedd may (at its sole discretion and without the need for prior notice), suspend or terminate a Users’ account at any time, where Plantedd believes that a User is acting in breach of the letter or the spirit of the Terms or has committed improper or fraudulent acts.
You agree to indemnify, defend and hold us, and our officers, directors and employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing this Site using your account with your personal information.
11. THIRD PARTY LINKS
We may provide links to other websites from time to time. You agree that we are not responsible for the availability of these websites and that we do not endorse and are not responsible or liable (directly or indirectly) for these websites.
12. LIMITATION OF LIABILITY
We make no warranties, whether express or implied in relation to the accuracy of any information on the Site. The Site is provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Site or any transaction that may be conducted on or through the Site, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranties arising from course of dealing or usage or trade.
We make no warranty that the Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site.
No transmission of data on the internet can be guaranteed as entirely secure. We take care to protect your information, but we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is done so at your own risk.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Plants. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, delict or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
- any economic losses (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings);
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any preceding or subsequent breach of any provision.
15. ENTIRE AGREEMENT
You confirm that in agreeing to accept the Terms you have not relied on any representation and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the Terms. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
The Terms shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.