Terms & conditions.

These Terms of Sale (the "Terms") govern the sale of Products by PLANTFORM LLC, also known as and doing business as Plantform, PlantForm, Plantform Studios and PlantForm Studios ("PLANTFORM", "we", "us" or "our") to any person who places an Order through plantformstudios.com (the "Site") or any other channel through which PLANTFORM offers Products for sale. By placing an Order or accessing the Site, the Customer acknowledges that he or she has read, and agrees to be bound by, these Terms, and a person who does not agree to these Terms shall not place an Order. The Customer represents that he or she is at least eighteen (18) years of age and has the legal capacity to enter into a binding contract. PLANTFORM may amend these Terms at any time, and the version in effect when an Order is placed governs that Order.

In these Terms, unless the context otherwise requires, "Contract" means the agreement between PLANTFORM and the Customer for the sale of Products, formed as described in these Terms; "Customer" means the person who places an Order; "Delivery Address" means the address specified by the Customer for delivery of the Products; "Order" means a request by the Customer to purchase Products through the Site or another channel through which PLANTFORM sells; "Products" means the botanical accessories and other goods offered on the Site, including mirrored spheres, agave spheres, prickly pear discs, tree mirror bands and similar items, and does not include any living plants; and "Promotion" means any discount, free gift or code offered by PLANTFORM.

Images, colors and finishes shown on the Site are illustrative, and packaging may differ from that shown. Actual Products may vary in appearance. Living plants depicted with the Products are shown for illustration only and are not included with any Product. The Products are sold for the Customer's personal use, and the Customer shall not resell, or offer for resale, any Product unless the Customer holds an approved PLANTFORM trade account and has obtained PLANTFORM's express prior written approval to do so.

Mirrored and polished Products reflect, and may concentrate, incident solar radiation. The Customer shall not position such Products in proximity to combustible or heat-sensitive materials, including dry vegetation, mulch, timber, textiles and vehicles, and shall not position them so as to direct reflected light onto roadways, windows, adjoining property or persons. The Customer shall install Products on living plants and trees only in accordance with PLANTFORM's installation instructions, shall inspect installed Products at regular intervals, and shall loosen or remove any Product that exerts pressure on, or constricts, a plant as it grows. PLANTFORM is not responsible for damage to plants, trees or other property arising from installation, plant growth, weather conditions or failure to inspect. Certain plants, including agave and cactus species, bear sharp spines and tips, and the Customer shall use appropriate protective gloves and eyewear during installation and keep Products and small components out of the reach of young children and pets. Reflective Products may affect birds and other wildlife, and the Customer shall take such effects into account when positioning Products. The Customer is solely responsible for compliance with all laws, ordinances, homeowners' association rules and property-owner requirements applicable to the installation and use of Products.

An Order constitutes an offer by the Customer to purchase Products on these Terms, and an order confirmation email acknowledges receipt of the Order and does not constitute acceptance. PLANTFORM accepts an Order, and a Contract is formed, when PLANTFORM sends a shipping confirmation to the Customer. PLANTFORM may decline or cancel any Order, in whole or in part, including where a Product is unavailable, a price or description contains a manifest error, PLANTFORM suspects fraud, PLANTFORM reasonably believes the Order is for resale in breach of these Terms, or delivery to the Delivery Address is not possible, and where PLANTFORM cancels an Order for which payment has been received, PLANTFORM shall refund the amount paid in full. The Customer is responsible for the accuracy and completeness of all information supplied in connection with an Order, including the email address and the Delivery Address. These Terms, together with the Order details presented at checkout, constitute the entire agreement between the parties with respect to the sale of the Products and supersede all prior representations.

Prices are displayed in the currency applicable to the Customer's country and are subject to change without notice, but a change in price does not affect an Order that PLANTFORM has already accepted. If a pricing error is identified in an Order, PLANTFORM shall notify the Customer, who may elect either to confirm the Order at the corrected price or to cancel it and receive a full refund.

To the fullest extent permitted by applicable law, neither PLANTFORM nor its members, officers, employees, agents or suppliers shall be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data or use, arising out of or in connection with the Products, the Site or these Terms, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. PLANTFORM's aggregate liability arising out of or in connection with any Order shall not exceed the amount paid by the Customer for that Order. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud or, where the law so provides, for death or personal injury caused by negligence, and where a jurisdiction does not permit the exclusion or limitation of certain damages, the foregoing limitations apply to the maximum extent permitted.

Only one Promotion or code may be applied per Order, and Promotions may not be combined unless the Promotion expressly provides otherwise. Promotions are subject to availability, may be modified or withdrawn at any time, and may exclude certain Products, and excluded Products do not count toward any minimum spend threshold. Discounts apply to the Product price only and do not apply to shipping charges, taxes or duties unless the Promotion expressly provides otherwise. Free gifts are added to the Order automatically upon qualification, are provided at no charge, have no cash value and may not be exchanged, and if a return reduces the Order value below the applicable minimum spend threshold, PLANTFORM may deduct the retail price of the gift from any refund or require its return. Discount codes are non-transferable, are valid for single use by the recipient unless otherwise stated, have no cash value, and may expire, and codes distributed without PLANTFORM's authorization, including on coupon or forum websites, are invalid. Codes issued upon email subscription are available to new subscribers only unless otherwise stated, must be entered at checkout, and may not be applied retroactively. PLANTFORM may cancel any code or Order where it reasonably believes that a Promotion is being misused, including through the creation of multiple accounts or the purchase of items solely to satisfy a qualifying condition, and PLANTFORM has no liability for the refusal, cancellation, withdrawal or unavailability of any Promotion. Nothing in this paragraph affects the Customer's statutory rights.

A Customer who subscribes to PLANTFORM's email list consents to receive marketing emails from PLANTFORM, each of which contains an unsubscribe mechanism, and consent may be withdrawn at any time. By providing a mobile telephone number and opting in, the Customer expressly consents to receive recurring automated marketing text messages from PLANTFORM at that number, which may include promotional offers, back-in-stock notifications and product updates. Consent is not a condition of any purchase. Message frequency varies, and message and data rates may apply. The Customer may opt out at any time by replying STOP, or request assistance by replying HELP, and following a STOP request the Customer may receive one final confirmation message. Wireless carriers are not liable for delayed or undelivered messages. The handling of mobile numbers, consent records and other personal information is governed by PLANTFORM's privacy policy.

All content on the Site, including the PLANTFORM name and logo, product designs, photographs, text and graphics, is the property of PLANTFORM or its licensors and is protected by applicable intellectual property laws, and no such content may be reproduced, distributed or used commercially without PLANTFORM's prior written consent. The purchase of a Product transfers title to the physical item only and confers no right in PLANTFORM's designs, trademarks or other intellectual property. A Customer who submits photographs, reviews or other content to PLANTFORM, or who tags PLANTFORM on social media, grants PLANTFORM a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display and distribute that content to promote PLANTFORM, with attribution where practicable. The Customer represents and warrants that he or she owns, or has all necessary rights in, that content, and PLANTFORM may remove any content that it considers unlawful or inappropriate.

The Customer shall use the Site only for lawful purposes and shall not interfere with or disrupt the operation or security of the Site, attempt to gain unauthorized access to the Site or its systems, use automated means, including bots or scrapers, to access the Site, or submit false or misleading information. PLANTFORM may suspend or terminate access to the Site for any person who breaches these rules. The Site may contain links to third-party websites over which PLANTFORM has no control and for which it assumes no responsibility. The Site is provided on an "as available" basis, and PLANTFORM does not warrant that it will be uninterrupted or error-free.

These Terms, and any dispute arising out of or relating to them, an Order or the Site, are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, although a Customer resident outside the United States retains the benefit of any mandatory consumer protection provisions of the law of his or her country of residence. The parties shall first attempt in good faith to resolve any dispute informally by written notice to info@plantformstudios.com. If the dispute is not resolved within thirty (30) days of such notice, it shall be brought exclusively in the state or federal courts located in Broward County, Florida, and each party submits to the personal jurisdiction of those courts.

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including severe weather, natural disaster, carrier or supplier failure, labor dispute, war, governmental action or utility failure. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. A failure or delay by PLANTFORM in exercising any right under these Terms does not constitute a waiver of that right. The Customer may not assign or transfer any right or obligation under these Terms, but PLANTFORM may assign its rights and obligations in connection with a merger, acquisition or sale of all or substantially all of its assets. PLANTFORM may give notice to the Customer by email to the address associated with the Order or by posting on the Site. Where these Terms are translated, the English version prevails to the extent permitted by law. Questions about these Terms may be sent to PLANTFORM LLC at info@plantformstudios.com.