1. Introduction
Welcome to Pots of Joy Ltd. (“Company”, “we”, “our”, “us”)! These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website located at www.potsofjoy.co.nz (the “Service”) and any related services offered by Pots of Joy Ltd.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.
2. Purchases
If you wish to purchase any product made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, shipping address, email address, and payment information.
2.1 Product Information
We strive to display as accurately as possible the colors, images, and descriptions of our plants and products. However, we cannot guarantee that your computer or mobile device’s display will accurately reflect the actual product. Plants are living things and may vary in appearance from images shown.
2.2 Order Acceptance
Your receipt of an order confirmation does not constitute acceptance of an order. We reserve the right to limit quantities, cancel orders, or refuse service at our discretion.
2.3 Availability
All items are subject to availability. We will inform you as soon as possible if the plants or products you have ordered are not available.
3. Return and Refund Policy
Our Return and Refund Policy is incorporated by reference into these Terms and Conditions. Please review our full Return and Refund Policy on our website.
4. Shipping and Delivery
4.1 Delivery Times
We aim to process and ship orders promptly, but delivery times are estimates and not guaranteed. Factors outside our control may affect delivery times.
4.2 Risk of Loss
The risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
4.3 Delivery Inspection
You should inspect products upon delivery for any visible damage. If plants arrive damaged, please follow our Return Policy procedures.
5. Plant Care and Warranty
5.1 Plant Care Information
Any plant care information provided on our website or with your purchase is for general guidance only. Plant success depends on many factors including environment, care, and conditions.
5.2 Plant Warranty
We do not provide extended warranties on plants beyond our Return and Refund Policy. Once a plant has been in your care beyond the period specified in our Return Policy, we cannot be responsible for its health or condition.
6. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Pots of Joy Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of New Zealand. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pots of Joy Ltd.
7. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
8. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Pots of Joy Ltd.
Pots of Joy Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pots of Joy Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
9. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
10. Limitation of Liability
In no event shall Pots of Joy Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use, or alteration of your transmissions or content.
11. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
14. Contact Us
If you have any questions about these Terms, please contact us at potsofjoynz@gmail.com.