Terms of Use

 

TERMS & CONDITIONS OF USE OF THIS WEBSITE

 

INTRODUCTION

Welcome to the FloraFields.com!

Your use of the FloraFields.com (“Website”) and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with FloraFields, these terms and conditions constitute Your binding obligations with FloraFields.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computing systems or computing capable devices. FloraFields allows User to surf the Website or making purchases without registering on the Website. The term “we”, “us”, “our” shall mean FloraFields.

When You use any of the services provided by us through the Website, including but not limited to, (e.g., Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Accessing, browsing or otherwise using the Website indicates Your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

 

USE OF THE WEBSITE

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. That in the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.

2. That You are accessing the services available on this Website and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Website.

3. That the address at which delivery of the product ordered by You is to be made will be correct and complete in all respects.

4. That before placing an order You will check the product description carefully. By placing an order for a product You agree to be bound by the conditions of sale included in the product description.

5. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

6. It is possible that other users (including unauthorised users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorised uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

7. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of People, intentionally or unintentionally.

8. Solely to enable us to use the information You supply us with, so that we are not violating any rights You might have in Your information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the terms of use and Privacy Policy applicable to use of the Website.

9. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which You do not have any right to.
  2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
  3. is misleading in any way;
  4. harasses or advocates harassment of another person;
  5. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
  6. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. attempts to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means
  9. attempts to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  10. interferes with another user's use and enjoyment of the Website;
  11. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  12. infringes any patent, trademark, copyright or other proprietary rights
  13. violates any law for the time being in force;
  14. impersonate another person;
  15. contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

10. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

11. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Violations of system or network security may result in civil or criminal liability. We or an appropriate agent will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

PRODUCT DESCRIPTION

We try to be as accurate as possible. However, We do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Us on the Website itself is not as described, Your sole remedy is to return it in unused condition.

 

PRICING

If We come across any difference in pricing resulting from typographic errors with respect to pricing, We shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from You within 15 business days of such corrective action taken. The mode of refund may be the same as at the time of placing the order or could be different.

 

FLUCTUATIONS IN THE INDIAN RUPEES (INR)

Where the products are of foreign origin, We reserve the right to adjust the price payable by the Buyer so as to reflect any alteration in the value of the Indian Rupee  in terms of the currency of origin of the goods between the date of sale and the date of issue of the invoice for the goods sold. We also reserve the right to alter prices without prior notice in the events of the imposition of or increase in any tariff or import levy.

 

PICTURE OF PRODUCTS

We have made every effort to display the pictures of our products that appear on the Website as accurately as possible. Descriptions, illustrations, photos, etc. are based upon the results obtained under favourable conditions. Identical results are not guaranteed nor implied for all growing conditions. In several cases, pictures or illustrations are only indicative of kind and not of exact type. Please see our statement of Warranty and Liability for more information.

 

 

PRIVACY POLICY

At FloraFields we take online security very seriously and are committed to protecting the private details of Our customers. Our Website uses Secure Sockets Layer (SSL) technology to encrypt all of Your personal and payment details during every transaction you make. We believe in keeping Your confidential information just that - confidential! We view protection of Your privacy as a very important community principle. We understand clearly that You and Your Information is one of Our most important assets. We may only use Your personal information for the purposes of enhancing Your FloraFields experience. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we only use Your information as described in the Privacy Policy.

We store and process Your Information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify Our privacy principles and practices. To ensure that Our security technology is maintained up to date we use industry standards security practices and get them verified by Our Authenticated Website and SSL Server Certificates. If you object to Your Information being transferred or used in this way please do not use the Website.

 

MEMBERSHIP ELIGIBILITY

Use of the FloraFields Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the FloraFields Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the FloraFields and shall not transact or use FloraFields website. As a minor if you wish to use or transact on FloraFields, such use or transaction may be made by Your legal guardian or parents who have registered as users of the FloraFields. FloraFields reserves the right to terminate Your membership and refuse to provide you with access to the FloraFields if it is brought to FloraFields’s notice or if it is discovered that you are under the age of 18 years.

 

USER ACCOUNT AND REGISTRATION

If You use the Website, You shall be responsible for maintaining the confidentiality of Your User ID and Password and You shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.

 

COMMUNICATIONS

When You use the FloraFields website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

 

 

CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned and controlled or licensed by Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You:

  1. do not remove any proprietary notice language in all copies of such documents,
  2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  3. make no modifications to any such information, and
  4. do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by Us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use. We take no responsibility and assume no liability for any content posted by you or any third party.

 

WARRANTY AND LIABILITY

OUR COMMITMENT

FloraFields is committed to supplying high quality products to recreational gardeners and households for personal use. In accordance with the established custom of the trade, FloraFields will in no case be liable for more than the actual amount paid for a particular product on sale.

We will endeavour to only have products on our web site that are in stock and available for ordering. Varieties that are out of stock will be listed as such and will not be available for purchase. In the unforeseen event of items going out of stock after you placed an order your amount will be refunded to you.

 

Genetically Modified

We will not knowingly offer for sale any genetically modified products. Please note the word “knowingly.” Because of the possibility of contamination, over which we have no control, our commitment necessarily stops short of being an absolute guarantee. Although we will not sell any variety represented to us as transgenic, we will not be held legally responsible if any of our seed tests positive for genetically modified organisms. Transgenic means to introduce the genetic code of one species into another. Transgenic plants are sometimes referred to as “genetically modified (GM)” or “genetically engineered (GE)”, however those terms are imprecise.

 

Endangered Species

We will not knowingly offer for sale endangered species harvested from the wild.

 

Organic seed

Our organic seeds are sourced from suppliers that have organic certification. If you buy organic seed because you are a certified grower, save your invoice and your packet labels so you can keep track of lot numbers to maintain your own audit trail.

Although organic growers are required to use certified-organic seed whenever it is commercially available, in practice it still leaves a wide range of choices. Many ambiguities remain in the definition of “commercially available” and in what constitutes a good faith effort to locate organic seed. Please consult your certifier for their specific definitions, as these may vary.

 

Sustainably grown seed

We offer for sale seed that we know are produced by small farmers who are not “certified organic” for variety of reasons – economic, socio-cultural, ideological, and likewise but practice growing seeds  without chemical pesticides or chemical fertilisers and use traditional active soil-building methods. We use the label “SG” for such varieties grown in a bio-friendly way. We do not warrant these seeds to be completely free from pesticides, herbicides, chemical fertilisers or any other form of contamination.

 

Quantity

We do our best to pack the same or more quantity of good that is indicated on the Website or on the packet label. However, as weight of goods is prone fluctuations to weather conditions and storage times (e.g., same amount of seed can weigh less in a dry environment or after sometime due to release of moisture) there could be little differences between the stated quantity and actual quantity received by buyer. We cannot be held responsible for such minor variations attributable to factors that are beyond our control.

 

Germination

Germination capacity specified on labels is based only on reproducible laboratory tests. No direct relationship may be assumed between the specified germination capacity and the emergence of seed at the buyer’s location. The specified germination capacity merely indicates such capacity at the time when and under circumstances in which the test was performed. Actual emergence depends, among many other things, on the location, cultivation measures, climate conditions, cultural practices at the buyer’s location, over which we have no control or influence. Germination of some seeds is genetically and naturally low. Also some seeds are difficult to germinate and may need special environment, processes and treatments while some seed may need more than a year to germinate after sowing! Customers are strongly advised to see the planting and growing information for each seed variety before purchasing and adhere to the advised instructions while sowing the seeds. No refund claim will be entertained if the instructions are not followed. 

 

EXCLUSIONS AND LIMITATIONS

Our seeds have been carefully grown, selected, packed, monitored, and tested periodically. Yet, even with the highest quality of seed, success depends largely upon soil, weather and cultivation practices over which we have no control or influence. Adverse or uncontrolled environmental conditions can and do produce physiological disorders in all plants. FloraFields warrants that the seed we sell conforms to the label descriptions with recognised tolerances. FloraFields makes no other representations or warranties of any kind, express or implied, with respect to the contents hereof, whether as to merchantability, fitness for a particular purpose or any other matter.

All Claims, including claims for alleged defective seed must be made within 30 days after Buyer learns of the facts upon which such claim is based. All claims not made in writing and received by FloraFields within the time period specified above shall be deemed waived.

In the event of any goods sold by us not complying with the terms of Sale, or of any goods proving defective (whether as regards purity of germination or otherwise), we will at our option replace the goods free of charge to the Buyer or will refund all payments made to us by the Buyer in respect of the defective goods, and this will be the limit and the sole extent of our obligation. We hereby exclude all liability whatsoever (whether based on negligence by us or our employees, suppliers, sub-contractors or agents or otherwise) for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any goods supplied by us whether due to any failure in the performance of or any defect in any such goods or otherwise howsoever, except for the liability for such replacement or refund as aforesaid. In accordance with the established custom of the trade, any express or implied condition, statement or warranty, statutory or otherwise whatsoever not expressly stated is excluded. The price of all goods sold by us is based upon the foregoing limitations upon our liability and would be much greater if a more extensive liability were required to be undertaken by us. The liability of FloraFields for any and all losses and damages to buyer resulting from any cause whatsoever including negligence, breach of contract, breach of warranty, or alleged defective seeds, irrespective of whether such defects are discoverable or latent, shall in no event exceed the purchase price of the particular seeds with respect to which losses or damages are claimed. In no event shall FloraFields be liable for incidental or consequential damages including, without limitation, loss of profits.

Should fulfilment of any order or contract be prevented or delayed by an act of God, war, blockade, “bandhs”, revolution, government action to restrict services or any other essential to the growing and harvesting of the crops, prohibition of exports or imports, riots, strikes, lockouts, fires, floods and/or detention at sea or any other contingency beyond our control, we shall not be held responsible for any loss and/or damages thereby.

If you do not wish to accept these products under these terms, please return immediately for a full refund. Please see our Cancellation and Returns policy for more information.

 

Standards

Seeds sold by us are guaranteed to comply at the time of delivery with the Indian Seeds Regulations currently in force, and unless otherwise described are “Standard” seeds. All information whether contained in our Website, catalogue or given by our staff and related to varieties, varietal characteristics, resistance to disease or periods of maturity or fitness for any particular purpose or otherwise relating to the performance of goods, is based on trials reports and information provided by our suppliers. All descriptions are given for general guidance only and does not constitute or form a warranty or guarantee. Varietal information in the Website is based on trial information and/or photographs. It may not be representative of results in your location. It is intended as a guide only. Variation in local climatic conditions can render such information inaccurate. Actual results in your area may vary.You are therefore advised that any such information given to you does not constitute a representation by us as to these matters and should not be relied on as such. You should satisfy yourself that any goods which you order are of a variety and performance satisfactory for your requirements and order such goods at your own risk.

 

Latent Defect

Diseases of plants can be transmitted by the wind, by insects, by animals or by human agencies, and may be seed borne or soil borne. We believe the goods sold to be free from latent defect, but it is not a condition of sale nor do we warrant that any goods sold by us shall be free from such defect, and we will not be responsible in any way for the resultant crop.

 

Treatment

  1. Where any treatment whether chemical or otherwise is applied to the goods, our liability shall be limited to such treatment being carried out in the correct manner and/or in accordance with the standard and regulatory practices. We accept no responsibility whatsoever for the effectiveness of such treatment or any damage direct or consequential which may result therefrom. In the case of pelleted / de-tailed / primed / rubbed / cleaned seed we rely on the expertise of the agency that performs the seed processing. We can offer no guarantee beyond that which we receive from them.
  2. Where seeds have been treated with a liquid or powder to control pests or diseases, or have been fumigated or pelleted, the purity and germination percentages are based on tests made before the treatment.

 

Complaints

No complaint can be considered unless clear proof can be given that the products alleged to have performed unsatisfactorily were in fact the products supplied by us, and were treated carefully and correctly throughout and subject only to such conditions as were likely to produce favourable results.

 

Reproduction of Seed

All seeds are offered and sold for the production of consumer crops and not for reproduction of seed. No responsibility whatsoever can be accepted for any seed crops produced. Reproduction of seed varieties protected by Rights may be illegal.

 

Definition

“Goods” and “Products” have been used interchangeably and unless the context otherwise requires shall in these Terms & Conditions of Business mean seeds, bulbs, plant care products and other items sold on the Website.

 

Acceptance of Our Statement of Warranty and Liability

By placing an order in any form and by any means whatsoever, the buyer acknowledges that the limitations and disclaimers described above are conditions of sale, and that they constitute the entire agreement between the buyer and us regarding warranty and liability, and with which the buyer agrees freely and in entirety. The buyer is deemed to purchase with full knowledge thereof regardless as to whether the goods being the subject of the order are listed in the Website or not.

Flora Fields ©Copyright 2012-2013. All Rights Reserved.