Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Plixernovrphak ("we", "us", "our", or "Company") governing your access to and use of our website located at plixernovrphak.world (the "Website"), including all subpages, content, features, and services offered through the Website (collectively, the "Services"). The Website and Services relate to our business of selling indoor plants, pots, soil, fertilisers, and related products and providing plant care information and customer support in New Zealand. By accessing, browsing, or using the Website or Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Website or Services. We reserve the right to modify these Terms at any time; your continued use of the Website or Services after any such changes constitutes your acceptance of the revised Terms.

Eligibility and Account

You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding agreement. If you are using the Website or Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. We may, at our discretion, require you to register for an account or provide certain information before placing an order or accessing certain features. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.

Permitted and Prohibited Use of the Website

The Website is provided for lawful informational and commercial purposes only, including browsing our indoor plant catalogue, obtaining care advice, placing orders, and contacting us. You may use the Website and Services only in compliance with these Terms and all applicable laws, regulations, and codes of conduct in New Zealand and in your jurisdiction. You agree that you will not, and will not permit or encourage any third party to:

We reserve the right to suspend or terminate your access to the Website or Services, without prior notice, if we reasonably believe that you have violated these Terms or engaged in conduct that we deem harmful to the Website, other users, or our business.

Products, Orders, and Purchases

All information on the Website regarding our indoor plants and other products—including but not limited to product names, descriptions, images, specifications, care instructions, availability, and prices—is subject to change without notice. We use reasonable efforts to ensure that such information is accurate and up to date; however, we do not warrant or guarantee that product descriptions, imagery, pricing, or availability are error-free, complete, or current. Typographical errors, inaccuracies, or omissions may occur, and we reserve the right to correct any such errors and to change or update information at any time. All orders are subject to product availability and to our acceptance. We reserve the right to refuse, limit, or cancel any order for any reason, including but not limited to: suspected fraud or unauthorised use of a payment method; pricing or product information errors; restrictions imposed by law or our suppliers; or where we are unable to fulfil the order (e.g. due to stock unavailability or shipping restrictions for live plants). If we cancel an order after payment has been taken, we will refund the amount paid in accordance with our Return Policy. The formation of a contract for the sale of goods occurs when we accept your order and send you an order confirmation (by email or other means). Our Return Policy, together with any order confirmation or additional terms communicated at the time of purchase, form part of your contract with us for the supply of goods.

Pricing and Payment

All prices displayed on the Website are in New Zealand dollars (NZD) and, unless otherwise stated, exclude goods and services tax (GST) where applicable. You are responsible for any applicable taxes, duties, or shipping costs as indicated at checkout. We reserve the right to modify prices at any time; price changes will not affect orders that we have already confirmed. Payment must be made by the methods we specify (e.g. credit or debit card, or other accepted methods). By providing payment details, you represent that you are authorised to use the chosen payment method. We may use third-party payment processors; your payment information may be subject to their terms and privacy policies. We do not store full credit or debit card numbers on our servers. Failure to pay amounts when due may result in cancellation of your order and may lead to further action in accordance with applicable law.

Delivery and Risk

Delivery terms (including estimated delivery times, shipping costs, and delivery areas) will be as stated on the Website or communicated at the time of order. We will use reasonable efforts to deliver within any stated timeframes; however, delivery times are estimates only and are not guaranteed, particularly for live plants where shipping conditions and carrier availability may vary. Risk of loss and title for products pass to you upon delivery to the address you specify (or upon collection, if applicable). You are responsible for ensuring that the delivery address is correct and that someone is available to receive the delivery where required. We are not liable for delays or failures in delivery caused by circumstances beyond our reasonable control (e.g. extreme weather, carrier delays, or events affecting plant availability).

Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, trade marks, images, photographs, product descriptions, care guides, the selection and arrangement of content, and the overall design and "look and feel" of the Website, is the property of Plixernovrphak or its licensors and is protected by copyright, trade mark, and other intellectual property laws of New Zealand and internationally. You may not use, reproduce, modify, distribute, display, or create derivative works from any such content without our prior written consent. You may view the Website and download or print a single copy of individual pages for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. The name "Plixernovrphak" and any associated logos or marks are our trade marks; you may not use them without our written permission. Any unauthorised use of our intellectual property may result in legal action.

Plant Care and Informational Content

The Website may contain general care advice, tips, and information about indoor plants (e.g. watering, light, humidity, and potting). Such content is provided for general informational and educational purposes only. Individual plants may have specific needs depending on species, environment, and conditions in your home or office. We do not guarantee that following our care advice will produce any particular outcome. We are not responsible for any loss, damage, or deterioration of plants resulting from your reliance on information on the Website or from factors outside our control (e.g. environmental conditions, pests, or care practices). For plant-specific or situation-specific advice, we encourage you to contact us or consult a qualified horticulturist.

Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLIXERNOVRPHAK AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMIT UNDER NEW ZEALAND LAW (INCLUDING CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT 1993 IN RELATION TO GOODS SUPPLIED BY US).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLIXERNOVRPHAK OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED NEW ZEALAND DOLLARS (NZ$100). NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW ZEALAND LAW (INCLUDING LIABILITY UNDER THE CONSUMER GUARANTEES ACT 1993 WHERE APPLICABLE).

Indemnity

You agree to indemnify, defend, and hold harmless Plixernovrphak and its directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with (a) your use of the Website or Services, (b) your violation of these Terms or any applicable law, (c) your violation of any third-party rights, or (d) any content or information you submit or transmit through the Website. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Third-Party Links and Resources

The Website may contain links to third-party websites, resources, or services (e.g. mapping services, payment providers, or social platforms). Such links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy practices, terms of use, or availability of any third-party sites or resources. Your use of third-party sites is at your own risk and is subject to their respective terms and policies. We encourage you to review the terms and privacy policies of any third-party site you visit.

Privacy and Cookies

Your use of the Website and Services is also governed by our Privacy Policy and our Cookies Policy. By using the Website, you consent to the collection, use, and disclosure of your information as described in those documents. Please read them carefully to understand our practices.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Website or Services shall be subject to the exclusive jurisdiction of the courts of New Zealand. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute. Nothing in these Terms affects your statutory rights as a consumer under New Zealand law.

Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Changes to These Terms

We may revise, update, or replace these Terms at any time at our sole discretion. The revised Terms will be effective when posted on this page, with an updated "Last updated" date. Your continued use of the Website or Services after the posting of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website and Services. We encourage you to review this page periodically. Where changes are material, we may (but are not obligated to) notify you by email or by a prominent notice on the Website.

Contact

For any questions, comments, or concerns regarding these Terms of Use, please contact us at: Plixernovrphak, Bethlehem Rd & SH2, 210 State Highway 2, Bethlehem, Tauranga 3110, New Zealand. Phone: +64 7 579 3925. Email: support@plixernovrphak.world. We will endeavour to respond to your enquiry as soon as practicable.

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