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TERMS & CONDITIONS

Introduction

    • We at I Plant aim to build a business based on our passion for the environment and plants. Through our knowledge and experience we wish to provide you with quality plants, products and services. Our knowledge base is built on research and through practical application which we would like to share with you in order to improve your home environment and lifestyle. We hope to provide you with a range of goods and services which we wish to expand on in future and hope to rely on your business as regulated by these Terms & Conditions below, for years to come.
    • The Website enables you to shop online for an extensive range of plant and garden related goods (“Goods”).
    • Any reference made herein to “Goods”, “Items” or “Products” shall be read to mean any item/s purchased through our Website.
    • The nominated website is www.iplant.co.za, the ”Website” and is owned and operated by I Plant (Pty) Ltd “I Plant”.
    • The use of this Website is subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally in their entirety and agree to be bound by these Terms and Conditions.

Registration and use of the website

    • Only registered users may order Goods on the I Plant Website.
    • To register as a user, you must provide us with a unique username and password as well as certain information and personal details as requested by I Plant.
    •  You will need to use your unique username and password to access the Website in order to purchase any goods on offer.
    • You agree and warrant that your username and password shall:
    • be used for personal use only and for the perusal/purchase of goods and related information; and
    • not be disclosed by you to any third party failing which you will be liable for any purchase made in your name resulting form said disclosure.
    •  In order to ensure the security of your information and to prevent unauthorised access, should you enter an incorrect username and password whenever ordering Goods, you will be denied access to the shopping portal.
    •  Once the correct username and password relating to your account are entered, irrespective of unauthorised or fraudulent access, you agree to be bound and held liable for payment of such goods for any processed order, save where the order is cancelled by you in accordance with clause 8 of these Terms and Conditions.
    •  You agree to notify I Plant immediately upon becoming aware of or upon any suspicion of any unauthorised access to or use of your username and password or other personal details and to take any necessary steps to mitigate any resultant loss or harm.

Legal Capacity

      • Through the use of this Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity and are bound by these Terms and Conditions.
      • Should you be under the age of 18 (eighteen) or do not have the capacity to enter into a lawful and binding contract that you utilise this Website only with the involvement and supervision of your parent or legal guardian.
      • Should you be acting under the supervision of a parent or legal guardian both you and your parent/guardian, agree to be bound by these Terms and Conditions and to be held liable and responsible for any obligations under these Terms and Conditions.

Gift Vouchers

    • We all like to spoil friends and family and so I Plant provides for vouchers with a fixed amount to be used once off on any purchase, e.g. R100 which will allow you to deduct the amount specified upon entry of a valid code from your total purchase amount.
    • Should your voucher value be insufficient to cover the total cost of your purchase you will be prompted to settle the balance through one of our various payment methods in order to finalise the purchase process. No order will be processed until the purchase price of your order has been paid in full.
    • Where you have used a voucher in order to pay for an order, and you or I Plant later cancels your order (or part thereof) prior to confirmation of delivery of your purchase, or you choose to return one or more products in accordance with our Returns Policy, the value of the voucher will be deducted off the purchase price of the cancelled or returned product(s). We will then credit your I Plant account for the balance of the voucher for use on your next purchase.
    • Should a cancellation or return take place you will be provided with a replacement voucher code of the same value as the original voucher redeemed.
    • Kindly take note that no vouchers may be refunded for cash and that all vouchers may only be used for the purchase of I Plant goods on offer.
    • Vouchers do not accrue interest and are only redeemable for a period of 1 (one) year after purchase. All expiry dates will be marked on the voucher and cannot be extended or used to buy other vouchers.

COMPETITONS

    • In order to enhance your experience I Plant may from time t time choose to run competitions.
    •  All competitions will be regulated by the specific Terms and Conditions for that competition which will be published on our site upon the specific competitions commencement

Charges and refunds

    • Please note that should a product be found to be defective that you are required to return all of the accessories and parts that were sold with that product,. We reserve the right to refuse the return and only replace/compensate you for the specific item returned to us.
    • Should you fail to return an item in line with this policy we reserve the right to hold you liable for the full cost of the collection/return.
    • ALL refunds will only be made to the specific payment method that you originally used – i.e. payment by debit card will be refunded to the same debit card.
    • I Plant shall only be liable for monies already paid by you.

Conclusion of sales and availability of stock

    • Only fully registered users may place orders for Goods, which may be accepted or rejected by I Plant.
    • In cases where orders are rejected this may result from the availability of the specific goods requested, correctness of the information relating to the specific items (including without limitation the price) and failure of receipt of payment in full.
    • Acceptance of the order will be by way of delivery/collection of goods and signing of a delivery note which will represent a lawful agreement of purchase and sale between you and I Plant regardless of any prior communications.
    • You may cancel your order at any time prior to receiving a dispatch/delivery notice. Should you choose to cancel your order in accordance with the above you will be refunded in terms of these Terms and Conditions.
    •  Should delivery or collection of the items have taken place, you may return your purchase but only in accordance with the Returns Policy included herein and on our website.
    • Only the completion of the purchase cycle will constitute an order for such Goods.  Placement of goods in the shopping basket or on your wishlist will not constitute a purchase.
    • Pricing may change at any time without notice to you.
    • You acknowledge that all items sold on our website are subject to availability and that we cannot guarantee the availability of stock.

Payment

    • All transactions are encrypted using Mygate.
    • Payment can be made for items via -
      • debit card;
      • credit card: where payment is made by credit card, additional information may be requested in order to authorise and/or verify the validity of payment. Delivery will be withheld until all requisite information is received and the amount requested is authorised.
      • Kindly note that failure to receive authorisation will result in your order being cancelled.
      • Instant EFT;
      • Through the use of gift vouchers
    • Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
    • You warrant that you are fully authorised to use the credit or debit card supplied by you for the purpose of paying the Goods that you intend to purchase. You further warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the I Plant Website;

Delivery of goods

    • All items are delivered via courier
    • For more information about delivery, please see our policy on shipping, which we incorporated into these Terms & Conditions by reference. Our delivery charges are subject to change at any time in accordance with those charges levied by our courier, without prior notice to you.
    • We will endeavour to ensure that deliver is made within 7 – 14 days (seven – fourteen) of you having received confirmation of your purchase.
    • Kindly note that all cancellations are to be made prior to you having received confirmation that your items have been shipped. If you elect to cancel your order, we will reimburse you the purchase price of your items.
    • Please note that all plants delivered must be checked by the person accepting delivery and signed off on the delivery note. If no complaint is placed at this point then no returns or exchanges of plants will be accepted due to the living nature of the product.
    • We cannot be held responsible for any loss, damage or unauthorised use of your product/s, after it has been delivered to the physical address nominated by you unless in circumstances as stipulated in our returns policy included herein below.
    • We encourage you to regularly check our policies for any updates, changes or amendments.

Returns

    • Exchanges and/or refunds will be offered in the following situations/ circumstances:
  • The incorrect plant type being delivered;
  • The incorrect literage of plant being delivered;
  • A badly damaged plant being delivered;
  • An incorrect or damaged product (non-plant) being delivered;
  • The return or exchange of non-living products.

How to return products

      • Should you require the item to be returned we would like you to be aware that you are responsible for the following when returning your products and request that you familiarise yourself with the instructions below;
      • Kindly notify us within 7 (seven) days of receipt of the product of the reason for your request to return your purchase.
      • Package the product to be returned safely and securely for protection during transit;
      • Clearly mark your name and reference number on the outside of the parcel; and
      • Include all accessories sold with the product.
      • Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether and may result in you incurring further costs.

Incorrect order

      • Should we accidently deliver the incorrect product or should the delivery be incomplete please notify us at the time of acceptance of the delivery prior to the signing of the delivery note.
      • Once the return has been validated on our system, we will at your choice deliver the correct product to you as soon as possible should our inventory permit or credit your account with the purchase price of the product within 10 (ten) days of the return.
      • In the case of damaged or defective goods we will arrange to collect the damaged or defective product from you at no charge. Once we have inspected the product and validated your return after assessment, we will at your choice repair or replace the product subject to the availability of stock or provide you with a suitable alternative or credit your account with the purchase price of the product or refund you if you so choose.

Defective products

      • At I Plant we specialise in plants and plant related products.
      • We aim to ensure that all products on offer are of the highest quality and are free of any material imperfections resulting from their manufacture or any characteristic of a product, which makes the product less acceptable than you should reasonably be entitled to expect. While we can ensure that manufactured products provided to you are of the highest quality and the plants delivered are well tended to and cared for, we cannot take responsibility for the plants once they are handed over into your care. Plants delivered will have been watered within 24 hours of delivery, and we want your plants to arrive alive, therefore wilting or death can only have occurred thereafter. Please remember to water plants regularly while they are still in their nursery bags as they dry out quickly.
      • We endeavour to ensure that all plants that leave us are of top quality and are ready for their new home. Kindly take note that products may not look the same as the photograph of the product included on the website.
      • The following however will not entitle you to a return/refund or exchange:
      • Damage resulting from normal wear and tear;
      • Damage resulting from abuse or negligence and pets or pests;
      • damage arising from a failure to adequately care for the plant such as death or wilting;
  • Normal and natural variation of the plant compared to the website image;
  • Used tools or products.

Warranty

    • Kindly take note that I Plants’ main aim is to provide you with quality plants for your home and garden. Where possible we will provide you with care instructions. These instructions can be found on our site. Owing to the nature of our business we cannot take responsibility for plants after delivery but should any product purchased from our Website come with a warranty it will be clearly detailed in the product description on the product page.

Mistakes happen

    • We aim to ensure that all the information provided to you on our website is as up to date and as accurate as possible.
    • Should there be any errors of any nature on the Website we cannot be held liable for any loss, damage, claim or expense relating to a transaction based on any error.
    • We cannot take any responsibility for any loss or damage resulting from any error on our site nor can we be bound by any reliance thereon.
    • Should the error be in relation to the purchase price we can refund you where applicable or as provided by our returns policy.
    • We encourage you to kindly report any mistakes and errors to the following email address info@iplant.co.za, in order for us to rectify same.

Privacy policy

    • We include our Privacy Policy herein by reference and encourage you to ensure that you are familiar with this policy as provided on our page.

Electronic communications

    • When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy included herein by way of reference.

Changes to these Terms and Conditions

    • We at I Plant reserve the right to, in our sole discretion, change or amend these Terms and Conditions as well as our various policies at any time. We encourage you to regularly check these Terms and Conditions for any amendments which may have been made. It is your responsibility to regularly check these Terms and Conditions in order to ensure that you are satisfied with the changes.
    • Should you not be satisfied with any of the changes made you should cease to continue you use of this site. Should you continue to use this site after any changes/amendments you confirm your agreement to be bound by these Terms and Conditions as well as your acceptance to any changes made hereto.

Ownership, copyright and interference

    • The Website Content is the property of I Plant, its sponsors and advertisers.
    • Please don’t use our information without authorisation. The contents of the Website have been painstakingly put together, all material, data, information, software, graphics, lay-outs, text, images, sound clips, icons, advertisements, graphics, video clips, trade names, logos, trade-marks, designs and service marks have been selected to improve your experience.
    • All material displayed on or incorporated in this Website (“Website Content”) as defined in clause 15.1 above is protected by law, including but not limited to copyright and trade mark law.
    • Content on this Website may be licensed to I Plant and is subject to the content owners’ terms and conditions of use.
    • At no point will you acquire any right, title or interest in or to the Website or the Website Content without prior written authorisation from a nominated official of I Plant, any use, distribution or reproduction of the Website Content without prior authorisation is prohibited. Kindly utilise the following email address should you wish to obtain authorisation info@iplant.co.za.
    • Please don’t mess with our stuff. We aim to provide you with a user friendly interface without admin or issues. Through the use of our site you agree not to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. This may interfere with our valued customers experience and we will treat this as a serious offence.
    •  While certain content may be utilised by search engines to make it easier for our consumers to find us you agree to not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
    • We are a family business that is all inclusive and so this website may not be used to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • While we value your participation we request that you keep things clean. If you don’t have anything nice to say please don’t say it. We reserve the right to moderate all content submitted to our site and to remove submissions at our discretion.
    • Any views or statements made or expressed on the Website are not necessarily the views of I Plant, its employees or affiliates.

Disclaimer

    • The use of this website is entirely at your own risk and you agree to take full responsibility for any risk or loss resulting from use of the Website and its content. I Plant cannot be held responsible for any damage, loss or expenses, whatsoever, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    • I Plant makes no representations, nor can it guarantee or provide warranties either express or implied, as to the quality, operation, integrity, availability or functionality of the Website. I Plant further makes no representations, guarantee or warranties as to the accurateness, reliability or completeness of the information contained on its website. I Plant cannot be bound by any such guarantee, representations or warranties made by its employees.
    • While we do our best to ensure that all files and information included on our site are free of destructive code and information such as viruses, Trojans, spyware and malware which may compromise, harm or corrupt the functionality, security or content of your hardware and software you agree to accept all risk resulting from their existence and indemnify I Plant from all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
    • All information provided on the Website is provided “as is” without warranty of any kind, either express or implied.
    • You herby indemnify I Plant against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Linking to third party websites

    • In order to assist you in better providing for your plants and garden related purchases we may provide links or references to other websites (“Third Party Websites”). The content of these websites is determined by the owners and proprietors of those sites and we cannot take responsibility for the information provided by or to those websites. Our Terms and Conditions as well as our policies do not apply to those Third Party websites and you need to take the responsibility of familiarising yourself with the Third Party websites terms of use and policies.
    • Your use of any Third Party Websites linked to our site is entirely at your own risk and we cannot be held responsible for any loss, expense, claim or damage, whatsoever, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Availability and termination

    • I Plant is entitled to discontinue providing the Website or any part thereof with or without notice to you.
    • This website at the discretion of I Plant may, from time to time, discontinue its service for limited periods in order to conduct maintenance and updates as required.
    • I Plant reserves the right in its sole discretion to modify this Website, with or without notice to you.
    • You agree that you will not hold I Plant liable should it choose to suspend, modify or terminate this Website.
    • I Plant warrants to endeavour to process all outstanding orders should it agree to suspend or terminate its service.

Suspension and termination

    • You agree that should you fail to comply with any obligations under these Terms and Conditions, I Plant may suspend and/or terminate your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you as well as with or without prior notice.
    • For the purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website in any way, I Plant reserves the right to blacklist you on its database and/ or suspend or terminate your access to the Website as well as refuse to accept or process any order or payment resulting in cancelation thereof in whole or in part, on notice to you.
    • I Plant accepts no liability which may arise as a result of blacklisting or the suspension/cancellation of access to the Website and/or refusal to process any order.
    • You are not bound to continue to use this website and may cease doing so at any time, with or without notice to I Plant.

Governing law and jurisdiction

    • These Terms and Conditions and your relationship with I Plant and/or any dispute arising from or in connection with these Terms and Conditions or I Plant policies shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    • Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts as stipulated herein below regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    • In the event of any dispute arising between you and I Plant, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Cape Johannesburg) should the quantum in the action or proceedings fall below the monetary jurisdiction of that court the Magistrates court of the Republic of South Africa shall have jurisdiction (The Magistrates Court for the Magisterial District of Johannesburg North, Randburg).
    • Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

    • I Plant hereby selects 38 Santa Monica, Sceals Road, Lonehill, Johannesburg, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions which address may be amended from time to time at the discretion of I Plant in the normal course of updating these Terms and Conditions.
    • You confirm that you select the delivery address specified within your user profile on the I Plant website as your legal address. You may change your address at any time provided that you give I Plant prior notice not less than 7 days after doing so.
    • All notices are to be sent either by hand, registered post, or email and must be in English. Notices shall be deemed to have been recieved–
      • if delivered by hand during business hours, on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day. Any notice delivered by hand will only have been deemed to have been delivered upon being signed by a nominated individual; and
      • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
      • by email will be deemed to have been on the date indicated in the “Read Receipt” notification or upon response thereto failing which will be deemed to have not been received by I Plant.

Complaints

    • I Plant confirms that all complaints are to be taken seriously and will be addressed as soon as reasonably possible.
    • We request that all complaints be made in writing in order for us to efficiently and effectively address same.
    • All complaints are to be sent to the following nominated email address info@iplant.co.za.

General

    • I Plant reserves its right to, at any time and for any reason, without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website, its contents and functions subject to us processing any outstanding orders due to you.
    • You agree not to cede, assign or transfer your rights and obligations in terms of these Terms and Conditions to any nominated third party.
    • Any failure on the part of I Plant to enforce any right in terms of its terms and conditions or policies shall not constitute a waiver of that right.
    • All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.  Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
    • No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement including this clause 23.5 will be of any force or effect unless in writing and signed by the Parties.
    • Any relaxation, indulgence or delay, extension of time collectively referred to as (indulgence) by either party in exercising or any failure of either party to exercise any right under this agreement shall not be construed as a waiver of that right and shall not effect the ability of that party subsequently to exercise the right or to pursue any remedy nor shall any indulgence constitute a waiver of any right.
    • These terms and Conditions constitute the whole of the agreement between You and I Plant, save to the extent otherwise provided herein and included on the I Plant website (www.info@iplant.co.za), no undertaking, representation, warranty or understanding is valid unless contained in this document or the I Plant policies.