Welcome to the online store for Plantaform which is owned and operated by Plantaform Technology Inc. (“Plantaform”/“we”/“us”). If you visit or buy products through our online store located at https://plantaform.com/ (the “Website”), You confirm your acceptance of these Terms of Use. Any purchase, or pre-order, of a Plantaform indoor gardening device or other product (each a “Product”) from the Website shall be governed by the terms set out below, as well as any other Product or software terms included with the Product.
These Terms of Use (the “Terms”) may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to this Website. It is your responsibility to review these Terms for any changes. Your use of the Website and our services after any amendments or updates to these Terms shall signify your acceptance of such revised terms.
Any personal information collected, used or disclosed by Plantaform in connection with this Website, your order, or the Product shall be governed by our Privacy Policy.
Please read all of these Term carefully before submitting your pre-order or order for any Product.
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Pre-Order and Acceptance
Each pre-order you submit for a Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your billing information and shipping address to us. Pre-orders will be subject to the payment terms in Section 4 below.
We reserve the right to refuse any order You place with us. In the event that Plantaform cannot fill your order for any reason, Plantaform will notify you and provide you with a refund. -
Eligibility
You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. -
Pricing
All prices on this Website are subject to change without prior notice. Any changes in pricing that may occur before or during an order are not the responsibility of Plantaform. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when You first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time You place it in your cart and the time You purchase it.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our Products and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. -
Billing and Payments
You must have a valid credit card to purchase or pre-order any Product. Payment does not guarantee acceptance of your pre-order. Once your pre-order has been confirmed, Plantaform will charge your payment method on file. You agree that Plantaform may keep your payment information on file for a reasonable period after purchase and delivery of the Product in order to process refunds or future transactions.
If you are pre-ordering a Product, You may be given the option to pay the entire purchase price up front or otherwise just pay a deposit.. Any pricing or payment terms quoted to you at the time of order are hereby incorporated in these Terms. You may request a refund for any pre-order up to 60 days prior to the estimated shipping date. After that, deposits are non-refundable.
Any authorized refunds will be paid back to your payment method on file. -
Warranty Refunds
In the event that you receive a Product which is damaged or defective. You may request a refund by contacting Plantaform within 30 days of receiving such Product.
Any authorized refunds will be paid back to your payment method on file. -
Shipping
Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order or purchase will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you.
We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Plantaform may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid. -
Transfer of Risk and Title
Risk of loss of the Product passes to you on Plantaform’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility. -
Taxes
The quoted prices are exclusive of all taxes, including without limitation provincial and federal sales taxes, import and export duties, levies, charges. These charges are your responsibility. If you are purchasing the Products from a jurisdiction outside of Canada, please check with your state and country’s customs office to determine what these additional costs will be prior to completing your pre-order. -
Restrictions on Use of the Product
You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws in your jurisdiction. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances, and we do not endorse the Product for any particular use.
You are solely responsible for using the Product in accordance with the applicable manual and instructions provided by Plantaform (the “Documentation”). -
Intellectual Property
Plantaform and its licensors own all intellectual property rights in the Website and Products, including any related software. Plantaform grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your own use.
If Plantaform accepts your pre-order or order for a Product, you will acquire no interest or rights in Plantaform’s intellectual property, and your use of the Product will be subject to the Plantaform Terms and other additional license terms and restrictions that will be provided together with the Product. Plantaform reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms. -
Limited Warranty and Disclaimer
Plantaform shall have no liability for any damage to the Products or inability to use the Product if it was not used in accordance with the Documentation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTIES OR CONDITIONS OF ANY KIND. PLANTAFORM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND (B) ANY WARRANTY OR CONDITION ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PLANTAFORM DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. PLANTAFORM DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT. -
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PLANTAFORM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PLANTAFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
PLANTAFORM SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, ILLNESS OR DEATH CAUSED BY (A) CONSUMPTION OF ANY PLANTS, HERBS, FOOD OR OTHER SUBSTANCES CULTIVATED USING THE PRODUCT; OR (B) ELECTRICAL SHOCK ARISING FROM USE OF THE PRODUCT IN ANY WAY INCONSISTENT WITH THE DOCUMENTATION. -
Indemnity
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Plantaform and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms; (c) your violation of any third-party right, including any intellectual property right or publicity right; (d) any dispute or issue between you and any third party; or (e) your violation of any applicable law, rule or regulation. We reserve the right to assume the exclusive control of the defence, subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. -
Advertising and Third-Party Links
This Website may contain links to other websites that are not owned or controlled by Plantaform. Plantaform is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any third-party websites does not imply that Plantaform endorses or accepts any responsibility for the content or use of such websites, and You hereby release Plantaform from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. -
Force Majeure
If Plantaform accepts your offer to purchase a Product, Plantaform will not be liable to you for any delay, including any delay due to an event beyond Plantaform’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, pandemic/epidemic, or any other natural or man-made eventuality outside of Plantaform’s control. -
Export Control
You acknowledge that Products may be subject to export control laws and other laws and regulations of foreign jurisdictions, and that if Plantaform ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for ensuring compliance with all applicable export control laws and regulations. You represent that you will not import, export, re-export, or transfer indirectly or directly any Product without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not import, export, re-export, or transfer directly or indirectly any Product to any destination for an end use that is prohibited by applicable law. -
Controlling Law and Severability
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. The courts of Ontario located in Ottawa, Ontario shall have exclusive jurisdiction of any dispute arising in relation to these Terms. -
Consent to Electronic Communications
By submitting your pre-order or order, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. -
Entire Agreement
These Terms, together with your confirmed purchase order, constitute the entire agreement between you and Plantaform regarding matters described in these Terms. These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. -
Survival
Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive, including Sections 4, 9, 10, 11, 12, 13, 0, 16, 17, 19, 20 and 21. -
English Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.