Terms and Conditions

Designer Plants USA — Terms and Conditions

Last updated: 20 October 2026

These Terms and Conditions apply to use of the Designer Plants USA website and to orders for goods and services supplied by Designer Plants USA. By accessing, browsing or using the website, or by placing an order, you agree to these Terms and to the policies linked from this website, including the Returns & Refunds Policy and Privacy Policy.

The website designerplants.com and the Designer Plants online store are operated by Designer Plants USA, a Wyoming corporation, 30 N Gould St, Sheridan, WY 82801, USA (“Designer Plants USA”, “Designer Plants”, “we”, “us” or “our”).

1. Product information, suitability and compliance

We aim to describe and display our products accurately. Colors, dimensions, foliage placement and appearance may vary slightly from images, screens and production batches. Product specifications, availability and pricing may change without notice.

Unless a product page expressly states otherwise, we do not represent that a product is suitable for outdoor exposure, commercial use, fire-regulated environments, building-code compliance or any other particular application. UV resistance, fire testing or ratings, warranty terms and technical claims are product-specific. You are responsible for confirming that a product and its installation method are suitable for your intended use and comply with applicable requirements.

2. Orders, pricing and payment

You must provide accurate billing, delivery and contact information and take reasonable steps to accept delivery without avoidable additional costs. We may correct genuine pricing, description or availability errors and may contact you where an order cannot be supplied as placed.

Prices may change without notice before an order is placed. Once an order is accepted, the applicable order price and agreed charges apply subject to these Terms.

3. Shipping and delivery

Dispatch and delivery estimates are estimates rather than guarantees unless we expressly agree otherwise in writing. Freight method and origin may vary depending on stock location, destination, item size and order quantity. You are responsible for providing a deliverable address and for additional costs caused by incorrect delivery information, redirection or failed delivery where those costs are reasonably incurred.

4. Cancellations, returns and refunds

Our current Returns & Refunds Policy forms part of these Terms and is the detailed source for return eligibility, timeframes, return freight, deductions and the return process.

Change-of-mind returns: Returns must be arranged within 30 days of the original order date. The item must be unused and in its original condition with tags and packaging intact. A 15% restocking fee applies to change-of-mind returns. You arrange and pay return freight, and the original outbound shipping cost incurred by Designer Plants is deducted from the refund. Returns must be authorized before goods are sent back.

Cancellations: If you wish to cancel an order, a cancellation fee of $25 or 25% of the order value, whichever is greater, applies. This is a separate cancellation charge and is not the 15% change-of-mind restocking fee. We will do our best to amend or cancel an order before processing or dispatch, but changes cannot be guaranteed once processing or dispatch has commenced.

Faults and order errors: If an item arrives damaged in transit, is incorrect, faulty or defective, or is materially different from what was described, contact us promptly with your order number and supporting photographs where applicable. We will work with you on the appropriate replacement, store credit, refund or other remedy in accordance with our Returns & Refunds Policy and applicable law.

5. Payment disputes and recovery

A chargeback, payment dispute or payment reversal does not by itself determine the underlying contractual liability for goods or services supplied. Where an amount remains lawfully owing, you remain responsible for the applicable purchase price and any shipping, storage, recovery or legal costs that are legally recoverable. The return of goods does not remove payment obligations except to the extent a refund, credit or other adjustment is approved or required by law.

Where reasonably necessary, order and transaction information may be provided to payment providers, advisers, collection providers, courts, regulators or law-enforcement bodies for dispute resolution, debt recovery, fraud prevention or legal compliance.

Unfounded chargebacks and payment disputes. If you make a chargeback or payment dispute that is unfounded, wrongful or made in bad faith (for example, where the goods were delivered as described, or the dispute is decided or reversed in our favour), then, to the extent permitted by applicable law, you agree to pay: (a) the amount reversed; (b) our chargeback administration fee of $25; (c) fees charged to us by our payment processor or card network for the dispute; (d) reasonable debt-collection agency fees and costs; and (e) reasonable attorneys’ fees and legal costs incurred in recovering these amounts. To the extent permitted by law and the rules of your card issuer or payment provider, you authorize us to charge these amounts to the original payment method used for the order, or to invoice you for them. Overdue amounts accrue interest from the due date until paid at the lesser of 1.5% per month or the maximum rate permitted by law. Collection of undisputed amounts and small-claims actions may proceed outside arbitration as set out in Section 14A.4. Nothing in this section limits your right to dispute a charge in good faith under applicable law or your card issuer’s rules.

6. Warranty and product-specific claims

Warranty coverage is product-specific. Where a product page, written quotation or technical document states a particular warranty period or performance commitment, that express statement applies subject to its stated conditions. Where no outdoor or UV warranty is expressly stated, no outdoor or UV warranty should be inferred.

Products exposed to ultraviolet light and weather will naturally age. Where a product is expressly sold with a 5-year UV warranty, excessive color discoloration is addressed on the following prorated basis unless the product-specific warranty states otherwise:

• Within the first 6 months: replacement in full where an approved warranty claim establishes excessive discoloration.
• 6–12 months: 80% of the applicable replacement product RRP, with the customer responsible for the balance and shipping.
• 12–24 months: 50% of the applicable replacement product RRP, with the customer responsible for the balance and shipping.
• 24–30 months: 30% of the applicable replacement product RRP, with the customer responsible for the balance and shipping.
• 40–60 months: 10% of the applicable replacement product RRP, with the customer responsible for the balance and shipping.

We may request photographs, video, supporting information or return of the item for assessment. Warranty claims must not be returned without authorization. Warranty coverage is between Designer Plants USA and the original purchaser unless we expressly agree otherwise.

7. Website use

You may not use the website or our services for an unlawful purpose, interfere with website security or operation, transmit malicious code, scrape or misuse personal information, infringe intellectual-property rights, or use the website in a way that harms others or violates applicable law.

The website may include historical information, third-party tools, links or services. Third-party services are provided under their own terms, and use of them is at your discretion. We may modify or discontinue website features and correct typographical, pricing, availability or content errors.

8. Personal information and communications

Use of personal information is governed by our Privacy Policy. Information may be shared with service providers that assist with payments, delivery, customer service, communications and other business functions, subject to applicable privacy requirements. Our Privacy Policy explains how we and our service providers collect, use and share information, including through cookies, pixels, session recording and chat, and how to opt out of the sale or sharing of personal information and targeted advertising at Your Privacy Choices.

If you opt in to SMS communications, you may receive inquiry, order, delivery and occasional promotional messages. Message frequency may vary and message/data rates may apply. You may opt out by replying STOP and request assistance by replying HELP.

8A. Consent to monitoring and recording

By accessing or using the website, you consent to us, and service providers acting for us (including session-recording, analytics and chat providers), monitoring, recording, collecting, storing and analyzing your interactions with the website and your communications with us. This may include pages and products viewed, clicks, taps, scrolling, mouse and cursor movements, time on page, search terms, items added to cart, form entries you submit, referring pages, device, browser and network information (including IP address and approximate location), and the content of chat, messaging, email and form communications with us. This includes session recording (for example, by Hotjar) of clicks, taps, scrolling, mouse movements, page interactions and text typed into non-sensitive fields (sensitive and payment fields are masked), and recording of chat conversations (for example, by LeadConnector).

We do this for analytics and website improvement, security, fraud prevention and debugging, advertising measurement, and customer service (including quality and training, keeping a record of what was agreed, and following up on inquiries).

Chat and messaging. If you use our chat or messaging tools (for example, LeadConnector chat), you consent to those conversations being recorded, stored and reviewed by us and by our chat service provider, and used as described in our Privacy Policy. Do not share payment card details, passwords or sensitive personal information in chat.

The service providers involved, and how to opt out of targeted advertising, are described in our Privacy Policy. Payment card details entered at checkout are handled by our payment processors. If you do not consent to this monitoring and recording, please do not use the website or our chat tools; you can contact us by email at sales@designerplants.com instead.

9. Limitation of liability

To the maximum extent permitted by law, Designer Plants USA and its directors, employees, contractors, suppliers and service providers are not liable for indirect, incidental, special, punitive or consequential loss, including lost profits, lost revenue or similar losses arising from use of the website, products or services. Where liability cannot lawfully be excluded, it is limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes, restricts or modifies a right or remedy that cannot legally be excluded, restricted or modified.

10. Indemnification

To the extent permitted by law, you agree to indemnify Designer Plants USA and its related parties against claims or costs arising from your unlawful use of the website, your breach of these Terms, or your infringement of another person's rights.

11. Severability and waiver

If a provision of these Terms is held invalid or unenforceable, it will be severed or limited to the minimum extent necessary and the remaining provisions will continue to operate. A failure to enforce a provision is not a waiver of that provision or any other right.

12. Termination

We may restrict or terminate access to the website or services where we reasonably believe these Terms have been materially breached. Rights and liabilities accrued before termination continue to the extent applicable.

13. Entire agreement

These Terms, together with policies and product-specific terms expressly incorporated by reference, form the agreement governing use of the website and applicable transactions, subject to any separate written agreement between you and Designer Plants USA.

14. Governing law

These Terms and transactions with Designer Plants USA are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules, and Section 14A is governed by the Federal Arbitration Act. This choice of law does not deprive you of the protection of any law of the state where you live that cannot be waived or limited by agreement.

For any dispute that is not subject to arbitration under Section 14A (including if you opt out of arbitration), you and Designer Plants USA agree to the jurisdiction of the state and federal courts located in Sheridan County, Wyoming, except that if you are a consumer you may bring or defend the case in the courts for the county where you live if the law of your state gives you that right. Either party may bring a claim in small-claims court where it qualifies.

14A. Dispute resolution: arbitration, class-action waiver and jury waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

14A.1 Scope. This Section 14A applies to any dispute, claim or controversy between you and Designer Plants USA (including its affiliates, employees and agents) arising out of or relating in any way to the website, these Terms, our Privacy Policy, any product or order, any communication with us (including chat), or the collection, use, recording or sharing of information through the website, whether based on contract, statute (including privacy, wiretap and consumer-protection statutes), tort or any other legal theory, and whether it arose before or after you agreed to these Terms (a “Dispute”). It does not apply to a Dispute already filed in court or arbitration before you first agreed to a version of these Terms containing this Section 14A.

14A.2 Informal resolution first. Before starting arbitration or a small-claims case, the party bringing the Dispute must send the other a written Notice of Dispute. Notices to us must be emailed to sales@designerplants.com (subject “Notice of Dispute”) and mailed to Designer Plants USA, Attn: Legal, 30 N Gould St, Sheridan, WY 82801, USA. The Notice must include your name, address, email and phone number, any order number, a description of the Dispute, the relief requested, and your personal signature (and your lawyer’s signature if you are represented). We will send any Notice to you at the contact details we have for you. For 60 days after the Notice is received, the parties will try in good faith to resolve the Dispute informally, including, on request, by an individual telephone or video conference. Limitation periods are tolled during this period. A court may enforce this Section 14A.2.

14A.3 Binding individual arbitration. If the Dispute is not resolved within 60 days, either party may start arbitration. Except as provided in Sections 14A.4 and 14A.6, you and we agree that all Disputes will be resolved exclusively by final and binding arbitration on an individual basis, not in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules) then in effect, as modified by this Section 14A. The rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on another provider or a court will appoint one.

14A.4 Exceptions: small claims and collections. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there on an individual basis; (b) seek an injunction in court to stop infringement or misuse of intellectual property; and (c) bring a claim for public injunctive relief as described in Section 14A.10. In addition, we may bring an action (including through a collection agency) to collect amounts you owe that you have not disputed in good faith under Section 14A.2, including amounts described in Section 5, in small-claims court or another court with jurisdiction. If you dispute those amounts in good faith, the dispute is resolved under this Section 14A.

14A.5 Procedure and costs. The arbitrator may award any individual relief a court could award to an individual under applicable law and must follow these Terms and the law. The arbitration will be conducted by video conference, telephone or written submissions unless the arbitrator decides an in-person hearing is needed, in which case it will take place in the county where you live or another agreed location. Filing, administration and arbitrator fees are governed by the AAA consumer fee schedule; if you are a consumer, we will pay all such fees beyond the filing fee you would pay to start a case in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Each party pays its own attorneys’ fees and costs unless applicable law, Section 5 or the arbitrator’s award provides otherwise. The award is final and binding, will include a short written explanation, and may be entered as a judgment in any court with jurisdiction.

14A.6 30-day right to opt out. You may opt out of arbitration by emailing sales@designerplants.com with the subject “Arbitration Opt-Out” (or by mail to the address in Section 14A.2) within 30 days after you first access the website or place an order after this Section 14A is first posted. Include your name, mailing address, the email address you use with us, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in court under Section 14, and the class-action and jury waivers in Section 14A.7 still apply to the extent permitted by law.

14A.7 CLASS-ACTION AND JURY-TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS PROVIDED IN SECTION 14A.8) OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

14A.8 Mass arbitration. If 25 or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”): (a) the informal process in Section 14A.2 must be completed for each claimant; (b) the AAA Mass Arbitration Supplementary Rules apply where applicable; (c) the claims will be resolved in batches of up to 50 claimants (the first batch selected half by each side), one arbitrator per batch, with remaining claims held in abeyance (and no fees owed for them) until each batch is decided; (d) the parties will consider global mediation in good faith after the first batch; and (e) limitation periods are tolled for held claims from the date the Notice of Dispute was sent. A court may enforce this Section 14A.8. If it is found unenforceable for a Mass Filing, the affected claims proceed under the provider’s mass-filing rules.

14A.9 Who decides. The arbitrator decides all issues relating to the Dispute, including the scope, validity and enforceability of this Section 14A, except that a court decides (a) whether Sections 14A.2, 14A.7, 14A.8 or 14A.10 are valid, enforceable or breached, and (b) whether a Mass Filing exists.

14A.10 Public injunctive relief. If a claim seeks public injunctive relief and a court decides that such relief cannot be waived or arbitrated under applicable law, that claim will be decided by a court under Section 14 after all individual claims have been arbitrated, and the court case will be stayed until then.

14A.11 Severability. If any part of this Section 14A is found unenforceable, the rest still applies, except that if the class-action waiver in Section 14A.7 is found unenforceable for a particular claim or request for relief, that claim or relief (and only that) will be severed, decided in court under Section 14, and stayed pending arbitration of the individual claims. In no case will a class, collective or representative arbitration proceed.

14A.12 Changes; survival. If we make a material change to this Section 14A, we will post it at least 30 days before it takes effect; it will not apply to a Dispute already notified, and you may reject it by emailing us within 30 days, in which case the version you last accepted continues to apply. This Section 14A is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives termination of these Terms and completion of any order.

15. Changes to these Terms

We may update these Terms from time to time. The current version will be posted on this page. Changes apply prospectively except where a different treatment is required by law or expressly agreed.

16. Contact

Questions about these Terms, an order or a return can be sent to sales@designerplants.com. Return requests should follow the process in the Returns & Refunds Policy.

Designer Plants USA, 30 N Gould St, Sheridan, WY 82801, USA.