Introduction
This page states the terms and conditions under which you may use our Site. The Site is owned and operated by Plant Life Limited, a company registered in Ireland. Please read these terms and conditions carefully. Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site.
Plant Life may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you.
Your Use of the Site
Plant Life authorises you to view and download a single copy of the Material (as defined below) on the Site solely for your personal, non-commercial use. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
The contents of the Site, such as text, graphics, images, photographs, code and other material ("Material"), are protected by copyright, trade mark and other laws in both Ireland and overseas. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose or otherwise in breach of these terms and conditions. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are the property of Plant Life or its suppliers.
The Material may contain inaccuracies or typographical errors. Plant Life makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. In particular, while Plant Life makes every effort to ensure that the colour options available on the Site are representative, due to colour restraints on the web, these colours may vary depending on the browser, hardware platform and resolution of your monitor.
If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material.
Plant Life Liability
The following provisions set out Plant Life's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; ("Event of Default"). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law.
Plant Life shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Plant Life as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. Plant Life shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
Plant Life shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Plant Life does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Plant Life is not responsible for those costs.
The Site and Material are provided on an "as is" basis without any warranties of any kind. Plant Life and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. Plant Life and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, Plant Life does not warrant that the use of the Material by you will not infringe third party rights.
Disclaimer of Consequential Damages
In no event shall Plant Life, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not Plant Life is advised of the possibility of such damages.
Your Obligations
You agree:
- that any information provided by you will be true, accurate, current and complete;
- and confirm that you are the authorised holder of any credit/debit card you may use on the Site;
- to notify us immediately of any changes to any information you have submitted to the Site; and to be available for delivery and to take delivery of any products ordered by you from the Site.
Product Description
Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Plant Life does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied. The heights of plants quoted on this Site are not necessarily heights shown in the associated photographs on this Site. Unless explicitely stated, plant containers visible in the photographs are not included with the sale of a plant. They are however included with the rental of a plant for exhibition or short-term rental purposes.
Rental of Plants for Exhibitions
If plants and containers are removed from exhibition stands, they will be charged at replacement prices. All prices as stated on the Site in the Exhibition or Short-Term rental category include plant maintenance throughout the period of the Exhibition, delivery, installation and collection of plant(s) and container(s) at completion of the Exhibition.
Placing Your Order With Plant Life
Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Plant Life for the sale by it to you of any product unless and until Plant Life accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Plant Life sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
While every effort is made to ensure the availability of products and to fulfil all orders, Plant Life cannot guarantee the availability of any product displayed on the Site. Plant Life reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Promotional offers at Plant Life retail premises may not always be available on the Site and promotional offers listed on the Site may not always be available at Plant Life retail premises. Plant Life cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered, we will promptly correct them and the amended provision will apply. Plant Life reserves the right to change or amend prices or promotional offers at any time without notice.
Price And Payment
Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are exclusive of VAT at the current rates and do not include delivery charges. These will be notified to you and applied after you select your shipping method. Any orders for short-term rental in and exhibition shall not incur a delivery charge. For each promotion run by Plant Life if the delivery cannot be made (the designated receiver is not at the address as the specified time) a redelivery charge of EUR10.00 will be imposed.
Plant Life accepts VISA & MASTERCARD. Plant Life uses SSL to securely transmit your Credit Card information to Bank of Ireland. Customer Credit Card Information is not stored by Plant Life on our servers. SSL (Secure Socket Layers) is a method of transmitting information over a 128 bit encrypted link between two secure servers. Plant Life server is certified secure by Thawte Security.
VAT Rates
| VAT Rates 2010 |
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| Containers: | 21% |
| Artificial Plants: |
21% |
| Rental of Plants |
21% |
| Real Plants |
13.5% |
Delivery
Plant Life will endeavour to have your product delivered within ten working days. All goods are physically checked by our staff prior to dispatch. We regret that at present we cannot deliver on Bank Holidays or weekends. We are unable to accept orders through the Site for delivery from outside Dublin county. Please contact Plant Life by telephone should you wish to have your order delivered to locations outside Dublin county within the boundaries of the Republic of Ireland.
While Plant Life will endeavour to meet our delivery estimates, Plant Life cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the ten day time frame.
Title to the goods will only pass when delivery is acknowledged by a valid signature from a member of your household or company who is 18 years or over.
Returns And Refunds
Due to the nature of our products, Plant Life cannot accept the return of any product unless it is rejected at time of delivery.
Links To And From Other Web Sites
The Site may contain links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Plant Life of the contents on such third party Web Sites. Plant Life is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. Any disputes or questions relating to merchandise from linked sites or fulfilment or delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Plant Life and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
Plant Life generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site's homepage (and no deeper within the Site) and provided Plant Life gives its consent to the establishment of such links. Notwithstanding the foregoing, Plant Life reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
Indemnity
You agree to defend, indemnify, and hold harmless Plant Life, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Plant Life shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Our Privacy Policy
Plant Life respects your right to privacy. As part of the e-store facility Plant Life will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Data Protection Act 1988. Plant Life may use your personal data for the following purposes:
- to fulfil your order;
- if there are any queries on your order or if there is a problem with fulfilling your order;
- to advise you of any promotional offers that may be of interest to you;
- to facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site;
Your information will be held by Plant Life Limited (or its successors, assigns or purchasers) and will not be shared with other companies. If you do not wish to receive information from Plant Life about our promotional offers from time to time please email info@plantlife.ie
General
This Site is controlled and operated by Plant Life from its location in Ireland. Plant Life makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Plant Life may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Plant Life may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This agreement constitutes the entire agreement between you and Plant Life with respect to the use of the Site.
Plant Life may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
Plant Life
Address: 110-111 Cork Street, Dublin 8
Phone: 01 4536201
Fax: 01 4542493
Email: info@plantlife.ie
Web: www.plantlife.ie
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