Terms and Conditions

Designer Plants USA — Terms and Conditions

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 using the website or placing an order, you agree to these Terms and to the policies linked from this website, including the Returns & Refunds Policy and Privacy Policy.

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 authorised 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.

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.

If you opt in to SMS communications, you may receive enquiry, 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.

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. To the extent legally permitted, disputes are to be heard in Wyoming. Designer Plants USA may elect to commence or defend a matter in another jurisdiction where legally available or appropriate.

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.