By purchasing goods from www.theplantcompany.co.nz (The Plant Company) you are entering into a legally binding agreement with us according to the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this website and from manual transactions that originate from the website (e.g., quotes).
The terms on this website may change at any time. You should therefore ensure that you read the terms each time you use the website. Where the Consumer Guarantees Act 1993 applies to any goods, nothing in these Terms and Conditions shall affect your rights as a customer to the rights and remedies under that Act.
An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Website or from manual processes. We will confirm acceptance of your order via return email to the email address you provide.
We aim to give you a clear idea of the nature of the plants and products we sell. However, you appreciate that there are inevitably slight variations in size, shape, and colour between different specimens. Images, descriptions, and any other information as to particular plants, varieties, and products are for guidance only and customers may wish to undertake further due diligence before making a purchase decision.>
From time-to-time items listed on the website may not be able to be supplied or not be of a quality we are prepared to supply. In such instances we are committed to informing you of the unavailability at the earliest opportunity and will recommend a comparable alternative. In some instances, the nearest size grade will be supplied. If the size grade is smaller than originally ordered, the customer shall be notified for approval, and any difference in price shall be refunded to the customer. In some instances, The Plant Company may elect to supply a larger grade and in these circumstances the customer shall only be notified if the product is deemed significantly different from the original selection. No additional charges would be passed onto the customer should a larger grade be supplied.
The Plant Company shall endeavour to minimise variation between plants sold, however, this is not always possible and as such variability is not sufficient to warrant return or refund. The Plant Company shall ensure that all products are of merchantable quality and be true to name and description.
During late autumn and winter some plants will go dormant and may lose their leaves. This is simply part of their normal growth cycle. As such, customers may receive plants which they were not expecting to be dormant. Customers are reminded to read all details pertaining to each plant to avoid any surprises. Images displayed on the website of plants in flower, with leaves, or both are not intended to mislead but rather to show how the plant looks at a particular time of year. Customers may wish to undertake further due diligence before making a purchase decision to avoid such disappointment.
Where multiple plants of the same variety are within a consignment and are distinct from all other plants in the consignment by virtue of their characteristics, labels may only be put on a single plant.
Orders are accepted at our sole discretion but are normally accepted if the Goods are available and you are based in New Zealand.
It is imperative that customers provide all necessary details for the order to be successfully delivered along with contact details that make it easy for the customer services team to reach you should an issue arise.
A copy of the invoice shall be emailed to you prior to despatch.
All prices listed include GST, packing, and freight unless otherwise stated and are quoted in $NZ. Orders less than $150 in total shall incur a freight and handling charge which shall be additional to price stated for each item(s).
Product prices may be subject to change without notice. However, where a forward order has been accepted by The Plant Company and payment has been made by the customer, no additional charges shall be passed onto the customer.
Some products (e.g., larger trees) do not have a quoted price and are sold on a quote and acceptance basis.
Should you change the delivery address for a quoted item after placing an order and that order has not been despatched, we may need to revisit the quote to ensure the freight costs have not been materially impacted. Where additional costs are to be incurred for freight, those costs shall be passed onto the customer.
Payments are made at the time of order placement. This includes products where supply may not be until winter, including but not exclusive to, bulbs and bare rooted trees and shrubs.
Payments for quote items must be made within five working days of accepting the quote or the quote shall be void. Products will only be despatched once payment has been received in full.
Any refunds or accepted claims will be refunded to the account from which the original purchase was made.
The payment gateway for credit card payments is through Windcave. Bank transfers are through Polipay. Both of these are credible and trusted partners of the major commercial banks.
We will deliver the Goods to the address you specified in your order. It is important that this address is accurate and can easily be accessed by a vehicle. Please be precise about where you would like the goods left in case you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
We will aim to deliver the products as quickly as possible but customers must appreciate that this can take 7-10 days, particularly where larger items are part of the order. Specialist freight companies are used and The Plant Company has to work within the confines of the available space and schedule of those companies. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will be extended.
Where an express delivery is required the customer should contact the customer services team to arrange this. It is likely this will incur additional freight charges which shall be passed onto the customer with the customers’ acceptance of the additional costs before the product is despatched.
We will aim to deliver promptly, but the freight should not be considered a condition of sale and may be changed to achieve delivery efficiencies for both The Plant Company and the logistics provider.
Some orders may be split delivered at our discretion. We will do our utmost to keep you informed when this occurs.
No liability shall be accepted by The Plant Company if a delivery is delayed because you did not give us the right delivery address or instructions on how to manage a delivery in the event that no-one was home. As plants are a perishable item, they may be delivered to your neighbour for you to collect. Once again, we reiterate the need for delivery instructions that do not rely on someone being home.
The freight companies will place the order within 5 m of the drop-off point for the truck or van. Please do not be offended if you ask drivers to locate plants further than this and they refuse as this additional work is not within the contract they have with The Plant Company.
Pickup directly from the depot of The Plant Company is currently not possible.
Delays by The Plant Company for delivery shall not entitle the customer to repudiate this Contract.
Risk of damage to or loss of the Goods passes to you at the time of delivery to you, even if you fail to take delivery at the time when we tried to deliver the products.
You will only own the Goods once they have been delivered (taking into account the former paragraph) and when we have received cleared payment in full.
Where you wish to cancel a winter supplied order (e.g., bare rooted fruit trees, bulbs, etc) the purchaser shall be refunded 50% of the purchase value. The Plant Company enters into contracts for supply of products and there are no guarantees those cancelled plants will be sold.
No refunds shall be permitted once an order has been packed for shipping which generally occurs the following day after order placement.
The Plant Company aims to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer's guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Where the Goods are plants, we aim to deliver plants that are of the highest quality and true to type. However, we give no warranty as to plant growth rates or performance of the plants in your growing conditions.
The Plant Company is committed to supplying plants that meet size standards specified at purchase and warrant that the plants shall meet the average heights stated.
The availability, price, and colour of plants we sell may vary according to seasonal and market availability. Such variability does not constitute basis for a refund.
Regular nursery visits and strict quality standards ensure the highest quality plants are sold. We would rather refund a purchase than compromise the reputation of this website by sending inferior product.
If you have a valid claim in respect of any of Goods received, you are referred to our complaints process within these Terms and Conditions in the first instance. If your product is non-plant related and has a defect in its quality, condition, or fails to meet specification, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement of the Goods. NB: You are obliged to contact The Plant Company within 48 hours of delivery of faulty goods.
We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable endeavours to keep the website up to date but the information and specifications given are for your information only and are subject to change without notice.
Manufacturers safety and disposal instructions must be followed fully. Products shall be used only for the purpose they are intended. The directors, employees, representatives or agents of this website have no liability for damage caused by the incorrect use of products sold on this website.
Any advice, information or recommendations made by The Plant Company is provided in good faith. It shall not be considered as advice from an expert and as such the directors, employees, representatives, or agents of The Plant Company shall have no liability for damage or failures caused by the use of information or advice provided.
The Plant Company does not guarantee that this website is free of error. All efforts are made to ensure errors are limited.
We assume no responsibility for the contents of any other websites to which this website has links.
We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from this Website.
All content on the Website, the arrangement of that content, and all software compilations are the copyrighted property of The Plant Company or that of the people who have granted The Plant Company the right to use it. It is therefore protected by Copyright with all rights reserved.
None of this material may be used without our written permission. You may download or print a single copy for your own off-line viewing on the proviso that it will not be used for commercial purposes.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
The descriptions and images of plants and products in this website have been compiled to inform the purchaser. At all times we aspire to provide both accurate and useful information but this content should not be taken as exact or literal. Plant photographs should be considered representative of the actual plant at either a mature or intermediate growth stage.
We are committed to protecting the privacy of any personal or business information that you provide. When you submit information to The Plant Company website we use the information to help us provide you with more personalised customer service. We will never sell or give your personal or business information to a third party.
We may use your e-mail details to inform you of new products or special offers. You can unsubscribe from this service at any time using the unsubscribe button at the bottom of the email form.
We reserve the right to make changes to this Website, the Terms and Conditions, and other policies at any time without notice to you.
If you wish to provide feedback about any aspect of our service or products please email us at firstname.lastname@example.org.
Complaints regarding goods must be received by The Plant Company within 48-hours of being delivered and via email. Acceptance of claims post the 48-hour cut-off shall be at the sole discretion of The Plant Company.
Any claim must be supported by a digital image of the fault and a brief description if the fault is not obvious.
Submitting a claim does not warrant acceptance or otherwise by The Plant Company as each claim is investigated fully before any decision is made.
The parties agree to use their best endeavours to promptly resolve any dispute or difference between them. Disagreements over what constitutes a non-conforming or defective good should be resolved by discussions between the parties in the first instance.
Where a claim is accepted, The Plant Company may elect to either replace the product or refund the purchase value at its discretion.
In the event of an issue with the Goods, The Plant Company shall have the option to replace any defective goods at its discretion. The Customer's sole remedy shall be limited to the amount equal to the price charged for the particular goods or services to which the breach relates.
The Plant Company will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
With regard to consultancy advice given, be it paid or unpaid, no assurance or warranty is given to the accuracy, timing or extent of any projections or predictions given. Nor is there any guarantee given that any husbandry or management suggestions given will have any or all of the intended or predicted results.
We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.
Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.
If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
The headings in these terms are for convenience only and will not affect their interpretation.
The Plant Company makes every effort to provide you with accurate information on this website but we cannot be held responsible for any errors or omissions. Any purchase that you complete must be based on your assessment of the information and/or recommendations you have received from us. We recommend that you independently verify the accuracy of this information.
The registered office of The Plant Company Ltd is at: 20 Avenue Road, Greenmeadows, Napier, New Zealand.