Plantform

Terms of Service

Terms of Service

1. Welcome to Plantform
1. Plantform operates a horticulture marketplace which uses location to suggest relevant Vendors and Advisors to new and potential customers. Customers can purchase plants and services (“plants and services”), Vendors can sell plants and Advisors can advertise and sell services using the Plantform website (together the “Plantform Service”). All parties can view Vendor products and Advisor services. Customers can log-in to their profile to search and purchase plants and services. Vendors and Advisors log-in to their profile via the website.
2. The Plantform Service is operated by Plantform Limited, incorporated and registered in Ireland under company number 689727 and with registered office is at Streamstown Wood, Streamstown, Malahide, Co Dublin, K36 P861 (“we”, “our, “us” or “Plantform”).
2. Your relationship with us
1. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Plantform Service. If there is anything within them that you do not understand, then please contact us at admin@Plantform.ie discuss what this means for you.
2. By setting up an account with us and/or using and accessing the Plantform Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use The Service.
3. Information about you and your privacy
1. Your privacy is important to us. You should read our  Privacy Policy to understand how we collect, use and share information about you. You should also read our Cookie Policy to understand how we use cookies within The Service.
4. Setting up an account
1. To access our Service, you must register with us and set up an account with a username and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
2. You must be at least 18 years of age and capable of entering into a legally binding agreement to use our Service. Plantform does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Plantform Service. Persons under the age of 18 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a person under age 18 without parental consent, we will delete that information as quickly as possible. You may connect to our Site and the Plantform Service with third-party services approved by us (e.g., Facebook, Instagram or Twitter) and in such circumstances you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at admin@Plantform.ie immediately to let us know.
5. Plantform Marketplace, Payments and Fees
1. Our Plantform Service allows customers to purchase plants and services and Vendors to sell plants (and Advisors to sell services) in a simple way. You can find out more information about our Plantform Service and its features here.
2. Vendors and Advisors can sell plants and services through the Plantform Service by publishing pictures of the plants they want to sell (“Sale Item/ plant or service”). When a user of the Plantform Service purchases such Sale Item or service, this is a “Sale Transaction”.
3. Sale Transactions may only take place via either of Plantform’s third party payment providers – PayPal or Plantform Payments via Stripe.
4. Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Plantform Service.
5(a). Plantform may offer you the option to use Plantform Payments via Stripe as a third-party service provider for payment services. Your use of Plantform Payments via Stripe through our Plantform Service, is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Plantform enabling payment processing services through Stripe, you agree to provide Plantform accurate and complete information about you and your Plantform account. By using Stripe, you hereby consent and authorise Plantform and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Plantform Service. Where you use Plantform Payments via Stripe and have given us and Stripe permission to do so, you may authorise and request Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (Bacs).

5(b). The fees we charge for using the Plantform Service are listed in our Standard Selling fees section.  We may change our vendor and advisor fees from time to time by posting the changes on Plantform site 14 days in advance, but with no advance notice required for temporary promotions or any charges that result in the reduction of fees.   Sellers are liable for transaction fees arising out of all sales made using the Plantform Service. Sellers must have a payment method on file when selling through the Plantform Service and take full responsibility to pay all fees and applicable taxes associated with seller products and services associated with the Plantform Service by the payment due date. If the payment method fails or your account is past due, Plantform Limited may collect amounts owed by charging other payment methods on file with us, and , for accounts over 60 days past due, request the Paypal deduct the amount owed from your Paypal account balance.  In addition, you will be subject to late fees levied by Plantform Limited, or the collection agencies we retain, who may also report information about your account to credit bureaus and as a result the information may be reflected in your credit report.
6. To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item or service by making direct arrangements with the customer or the Vendor to use a payment method other than the payment methods offered via the Plantform Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Plantform Service (See section 8).
7. We want our Plantform Service to be a positive experience for Customers, Vendors and Advisors and we ask that you honour the commitments you make to another user in respect of the sale or purchase of a plant or service.
8. Any agreement for purchase of a Sale Item or service is made solely between customer and the Vendor or Advisor. Vendors and Advisors have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item/ plant or services should be directed to the Vendor or Advisor. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 15 of these Terms of Service.
9. As we are not the Vendor (Advisor) of any Sale Items/ plants or services, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items (plants or services), the truth or accuracy of any picture or description of the Sale Items or any other content made available by Vendors (Advisors), the ability of Vendors (Advisors) to sell Sale Items (plants or service), the ability of customers to pay for them or that a customer or Vendor will actually complete a transaction or return the Sale Item, and we have no liability in this respect.
10. To safeguard the interests of our users, we do not recommend using the Plantform Service to swap Sale Items/ plants. In any event, you acknowledge that you swap Sale Items entirely at your own risk and we have no liability in this respect.
6. Your right to use the Plantform Service
1. The intellectual property rights in all materials and content comprising the Plantform Service, including but not limited to images, written content and designs on each page of the Plantform website, either belong to us or we have permission from the owner to use them to provide the Plantform Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright, trademark and design laws. We give you permission to use the materials and content comprising the Plantform Service for the sole purpose of using the Plantform Service in accordance with these Terms of Service.
2. Your right to use the Plantform Service is personal to Vendors, Advisors and Customers and you are not allowed to give or assign this right to another entity or person or to sell, gift or transfer your Account to another entity or person. Your right to use the Plantform Service does not stop us from giving other entities or people the right to use The Service.
3. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “Plantform” name, or any of the “Plantform” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Plantform.
4. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of Plantform’s materials and content, the Plantform Service, Plantform name and/or trademarks, other than as set out in these Terms of Service.
7. Your User Content
1. You confirm that images, text, photos, information or other content that you submit or create (“User Content”) whilst using the Plantform Service will meet the Rules of Acceptable Use.
2. By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Plantform Service or for any purpose in connection with the operation of our business.
3. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
4. We do not verify, check or moderate any User Content before it is added to the Plantform Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or if we believe it is against the ethos of Plantform. As stated in paragraph 10 below, the User Content must be accurate and not misleading and may not contain any discriminatory, offensive or defamatory content.
5. User Content removed from the Plantform Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore, we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Plantform Service for the purposes of User Content backup or storage. To the extent permitted by Irish or other law, we shall have no liability for any loss of User Content.
8. Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Plantform Service (the “Rules of Acceptable Use”).
2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of plants and services through our Plantform Service. You must comply with all Irish and other domestic laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under Irish or other domestic law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 8(3).
4. When using the Plantform Service you must not:
1. Create more than one Account on the Plantform Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Plantform Service) unless we agree otherwise.
2. Give any false or misleading information in your Account details.
3. Permit another entity or person to use the Plantform Service under your business/ name or on your behalf unless you are a business and such person is authorised by you.
4. Use the Plantform Service if we have suspended or banned your entity or you from using it.
5. Send junk, spam or repetitive messages.
6. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any item that otherwise breaches another person’s rights, and must comply with Irish legal requirements relating to Vendor (or Advisor) sale or customer purchase of Sale Items/ Services (including but not limited to illegal products, distance selling and cooling off rights which apply to a Sale Item/ plant where the Vendor or advisor is a business).
7. Modify, interfere, intercept, disrupt or hack the Plantform Service.
8. Misuse the Plantform Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Plantform Service or any user of the Plantform Service’s own equipment.
9. Collect any data from the Plantform Service other than in accordance with these Terms of Service.
10. Submit or contribute any User Content (including comments and descriptions relating to Sale Items/ plants or services) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses rude language, as Plantform may decide in its absolute discretion.
11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
13. Plantform has a zero tolerance policy on using the Plantform Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
14. Purchase or sell a Sale Item/ plant or service by making direct arrangements with the customer or the Vendor or Advisor to use a payment method other than PayPal or Stripe (if applicable) available through the Plantform Service.
15. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 11).
16. Submit or contribute any non-public Account holder information including but not exclusive to phone numbers or non-public email addresses.
17. Mine data, screen scrape or web crawl any part of the Plantform Service.
18. Disassemble, decompile or reverse engineer any part of the Plantform Service.
19. Adapt, copy, vary, edit, distribute or commercialise any content in the Plantform Service without the prior written consent of Plantform.
20. Circumvent any technical measures implemented to protect or provide the Plantform Service.

5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
1. immediate, temporary or permanent withdrawal of your right to use our Plantform Service;
2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items/ plants and services listed on the Plantform Service);
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Plantform Service or remove User Content (including the removal of Sale Items and services listed on the Plantform Service) without notice to you.
7. The responses described in section 8.5 are not limited, and we may take any other action we reasonably deem appropriate.
9. Notice and takedown policy
1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Plantform Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to Plantform Limited, Streamstown Wood, Streamstown, Malahide, K36 P861, IRELAND or by email to admin@Plantform.ie Please provide the information described below in the Infringement Notice:
1. your name/ business and contact details;
2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
3. a link to or such other means of identifying the problematic content.
2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
10(a). Advertisements on the Plantform Service
1. We and our selected business partners may provide advertising to you through the Plantform Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Plantform Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.

10(b). Copyright credit for images. Creative commons image and copyright-free images, sources include Unsplash.com, Pixabay.com and Pexels.com. Image sources include:  home page image – jasmin-sessler-sKEXhW0tghI-unsplash;  annie-spratt-dhSCuQx_v0I-unsplash;  jametlene-reskp-Tax14J5iwSE-unsplash; back ground image – charles-deluvio-t_gU5GQ6neA-unsplash patrick-tomasso-SIxDHIdqLXs-unsplash;  chris-abney-qLW70Aoo8BE-unsplash; pexels-photomix-company-1002703;  pexels-public-domain-pictures-41171;  pexels-leigh-patrick-298246: pexels-will-mu-3810188; am-txW1R00jKjY-unsplash; severin-candrian-rL5Jz2e9Rao-unsplash; kadarius-seegars-e5W8yUrSCnc-unsplash; kadarius-seegars-E2alKuiCUKY-unsplash; Tree-Planting photo: Lim Yaohui;  indoor-flowers-1379615249Zsw; aloe-vera-white-pot_sunwand24-ss_edit; annie-spratt-pmsFvEv6dtM-unsplash; pexels-cottonbro-3737691; pexels-lachlan-ross-7084297; pexels-lachlan-ross-7084301; pexels-paul-wence-1799303; pexels-mark-stebnicki-2255924;  annie-spratt-OlUNA6dteb0-unsplash;disiana-caballero-s4mpAZSvcbE-unsplash; eastlook-photograpy-mjz8zScV6Ys-unsplash; ilona-kovalkova-ktzSt2uT1po-unsplash; kelly-sikkema-7rnTlRtGfl4-unsplash; peter-bucks-70zWkGkeMrk-unsplash; shelley-pauls-t4X660oKiYs-unsplash; stephanie-harvey-slSRjvoiIpY-unsplash; kadarius-seegars-E2alKuiCUKY-unsplash; sharon-pittaway-KUZnfk-2DSQ-unsplash; tom-brunberg-D4ZtZX1UeAI-unsplash; aleksandra-sapozhnikova-MIQyKNkZoCU-unsplash; markus-spiske-KBTfbneBhb4-unsplash; andrew-pons-JYE-sR2sReQ-unsplash; pexels-leigh-patrick-298246; pexels-eva-elijas-5503106. chau-le-EAupCbU8JiA-unsplash.jpg. Christmas tree images Michael Fenton on Unsplash; Andre Gorham II on Unsplash; David J. Boozer on Unsplash; Vairo Gualan on Unsplash; Artur Stanulevich on Unsplash.

For copyright images source, see istockphoto.com. Dietician-scaled.jpg.

11. Vendor commission
1. (a). The Vendor (Advisor) is responsible for assessing and reporting VAT and any other applicable taxes, if any.
1. (b) The Vendor (Advisor) of any Sale Item (or service) will pay us a 15% commission on the product (or service) transaction amount received by the Vendor (Advisor), (including VAT and any other applicable taxes, if any, but exclude any commission on delivery costs) in respect of any Sale Transaction (the “Commission”).

2. PayPal and Stripe charge Vendors and Advisors an additional fee and you should ensure you are familiar with PayPal and Stripe terms of use which you will have agreed to when you set up your PayPal account.
3. Our Commission with be deducted from your PayPal account or the funds transferred to you via Stripe (whichever is applicable).
4. We will provide the Vendor or advisor of the Sale Item/ service with an invoice detailing the Commission.
5. The Commission is inclusive of VAT or other sales taxes (where applicable).
12. Ending our relationship
1. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Plantform Service, you must immediately stop using the Plantform Service.
2. If you wish to end your use of The Service, please contact us at admin@Plantform.ie from the email address linked to your account and ask us to deactivate your Account.
3. We may immediately end your use of the Plantform Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Plantform Service including these Terms of Service.
4. We may also withdraw the Plantform Service for any reason, without notice, at any time and without any liability to you.
5. If you or we end your use of the Plantform Service or we withdraw the Plantform Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Plantform Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Plantform Service, for example where your User Content has been re-shared by others.
13. Our liability/responsibility to you
1. You alone decide whether to proceed with a sale or purchase of a Sale Item/ plant or service. As such, we make no commitments regarding the Sale Items/ plants or services including the quality or delivery of the Sale Items/ plants or services, or for honouring (or causing any Vendor or advisor to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items/ plants or services promoted or available through our Plantform Service, or the ability of the customer to complete any purchase of the Sale Items/ plants or services.
2. Although it is our intention that the Plantform Service is available as much as possible, there may be occasions when the Plantform Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Plantform Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Plantform Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Plantform Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Plantform is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Plantform Service.
4. You may be able to access third party links/websites/products via the Plantform Service. Plantform is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
6. For any other claims arising out of the provision of the Plantform Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Plantform Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
14. Your responsibility to us
1. If Plantform is sued due to an action or inaction by you Vendor/ Advisor/ Customer (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.
15. Resolving disputes
Disputes with us
1. If you have a dispute with us relating to the Plantform Service, in the first instance please contact us at admin@Plantform.ie and attempt to resolve the dispute with us informally.
Disputes with other users relating to a Sale Transaction
General
1. If you use PayPal or Plantform Payments via Stripe to pay for a Sale Item/ plant or service or receive any money for a Sale Transaction you may be eligible for Customer or Vendor Protection, details of which are available below.
2. All purchases/sales made outside of Plantform are against our Terms of Service and are not covered by Customer or Vendor Protection.
3. If: a) as a customer your Sales Item/ plant has not arrived, or if what you received is significantly not as described or faulty, or b) as a Vendor you are sent an unauthorised payment, or a customer claims they didn’t receive their Sale Item/ plant, you can report the issue to us within 14 days and we will reply to you with instructions on how to proceed. Please make sure you report the issue as set out in paragraph 8 below in order to guarantee a prompt reply. To open a dispute: Email admin@Plantform.ie Report the transaction problem and find the transaction reference you want to report.
4. Please know that regarding any kind of customer or Vendor protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online – this does not include An Post reference numbers unless this records actual delivery), and that the cost of returning the Sales Item/ plant cannot be refunded.
Transactions via PayPal – Customer and Vendor Protection:
In order to be eligible for PayPal Customer or Vendor Protection, you must: a) purchase/sell the Sale Item on the Plantform website using PayPal, and b) report the transaction issue to PayPal within 14 days from the date of purchase/sale. Customer or Vendor Protection applies only if these conditions are met. Non-material goods, services, prohibited items and delivered-in-person transactions are not covered by PayPal Customer or Vendor Protection.
5. If PayPal verify that the Sales Item/ plant was not received or was significantly not as described, you may be entitled to a refund under Customer Protection. If the Sales Item/ plant is significantly not as described, PayPal may ask you to return it to the Vendor before refunding you. If the Sales Item/ plant is found to be illegal, PayPal may ask you to destroy it.
6. Vendors using PayPal: If PayPal verifies the circumstances of your claim, then you may be covered for the amount of the Sale Item/ plant on eligible sales
7. PayPal’s investigation of disputes is subject to the PayPal Terms of Service to which you will have agreed when setting up your PayPal account, so you should check these.
Plantform Payments via Stripe – Plantform Customer and Vendor Protection:
8. In order to be eligible for Plantform Customer or Vendor Protection, you must: a) purchase/sell the Sale Item/ plant on the Plantform website using Plantform Payments via Stripe, and b) report the transaction issue to Plantform within 14 days from the date of purchase/sale. Plantform Customer or Vendor Protection applies only if these conditions are met.
Plantform Customer Protection
9. To qualify for Plantform Customer Protection, you must be able to prove that a) you bought the Sale Item/ plant with Plantform Payments via Stripe, and b) the Sale Item/ plant did not arrive OR was materially and significantly different to the description thereof OR the Sale Item was illegal. If we find that the above criteria is fulfilled, subject to you returning the Sale Item where requested (tracked delivery), you will receive a full refund of the Sale Item/ plant from the Vendor.
Plantform Vendor Protection
10. To qualify for Plantform Vendor Protection, you must be able to prove that a) you sold the Sale Item/ plant via Plantform Payments via Stripe, b) you dispatched the order to the address provided on the Plantform receipt within 7 days of the order (or any timeframe set out in the description for the Sale Item/ plant in question if different), c) you responded to any Plantform emails relating to such Sale Item/ plant within the requested period and d) the Sale Item materially and significantly conformed to the description thereof in your shop. As a Vendor, non-material goods, prohibited items and in-person transactions are not covered by Plantform Vendor Protection.
11. Where Customer and Vendor/ Advisors cannot agree resolution, Plantform will try to mediate a resolution between you and the Customer. If we find that the Customer was correct in that the Sale Item/ plant was not as described or was not delivered, subject to the Customer returning the item to you if requested, you agree to refund the full sale price of the Sale Item/ plants and where you fail to do so, you hereby give Plantform permission to do so on your behalf.
12. If a chargeback is raised against you as Vendor, Plantform will ask you to provide evidence of delivery and that the Sale Item/ plant was as described in the original listing, within 14 calendar days. If you do not respond within the timeframe and/or we believe the Customer to have validly initiated the chargeback, we will activate a refund for the Customer of the value of the Sale Item in question and a 15 EURO chargeback fine will be deducted from your Plantform Payment account. If Customers are making regular chargebacks from you as a Vendor, then we may investigate your account and your compliance with these Terms of Service. This may result in suspension of your account with the Plantform Service.
13. Should you decide to appeal any decision Plantform has made under this section of the terms, then please contact us. Be aware that we will only consider appeals where you can supply new evidence to support your case.
16. Delivery
1.The Vendor is responsible for the delivery of the Sales Item to the customer.
2. Vendors in Ireland who have an active PayPal Billing Agreement with Plantform are able to use our “Deliver with USPS” option to easily calculate and charge for delivery, download a delivery label and track their package all online.
3. Plantform shall not be responsible for any charges, incurred through the delivery of any Sale Item/ plant.
17. Changes to the Plantform Service
1. We are constantly updating and improving the Plantform Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Plantform Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Plantform Service, or feature relating to the Plantform Service (“changes to the Plantform Service”). These changes to the Plantform Service may affect your past activities on the Plantform Service, features that you use and your User Content “Plantform Service Elements”. Any changes to the Plantform Service could involve Plantform Service Elements being deleted or reset.
3. You agree that a key characteristic of our Plantform Service is that changes to the Plantform Service will take place over time and this is an important basis on which we grant you access to the Plantform Service. Once we have made changes to the Plantform Service, your continued use of the Plantform Service will show that you have accepted any changes to the Plantform Service. You are always free to stop using the Plantform Service or deactivate your Account by contacting us at admin@Plantform.ie from the email address linked to your account.
18. Changes to these Terms of Service
1. We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of The Service shall constitute acceptance of such revised Terms of Service.
2. Changes will usually occur because of new features being added to The Service, changes in Irish law or where we need to clarify our position on something.
3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through The Service (for example by asking you to accept the changes before you continue to use The Service) or via a separate email.
4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
19. Documents that apply to our relationship with you
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of The Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
20. Law and general provisions
1. As we are based in Ireland, the law of the Republic of Ireland will apply to all disputes and the interpretation of these Terms of Service. The Irish courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Plantform Service.
2. We may assign any of our rights and obligations under these Terms of Service.
3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Plantform.
4. Plantform will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances Plantform will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and Plantform’s other commitments.
5. No third party (except, where applicable, the permitted assign of Plantform) is entitled to the benefit of these Terms of Service under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise under the law of Ireland or the United Kingdom.
21. Contact, feedback and complaints
1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at admin@Plantform.ie with the subject line ‘Terms of Service’.
2. We value hearing from our users, and are always interested in learning about ways we can improve the Plantform Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.