Any order taken for a product at www.pixieplants.com is based on the assumption that the buyer has read and accepted these terms and conditions beforehand.

Consequently, any buyer wishing to order online acknowledges that he/she is fully aware of the fact that his/her agreement to the contents of these terms and conditions does not require his/her handwritten signature of this document.

The buyer may save or print these terms and conditions, it being understood that both saving and printing of the said document are his/her sole responsibility.

Objects displayed on commercial illustrations are not delivered with the items.

Any dispute arising in connection with the pixieplants.com website operation shall be governed by the general sales conditions set out below. If, in spite of everything, the dispute remains unresolved, we shall personally seek a “non adversarial” solution.

GENERAL SALES CONDITIONS

Article 1: Entirety

These general sales conditions constitute the entire obligations of the parties. Hence, the buyer is deemed to have accepted the full clauses provided for in these general sales conditions without reserve. No general or specific condition set out in the documents sent or given by the buyer may be incorporated herein, in as much as the said documents are inconsistent with these general sales conditions.

Article 2: Purpose

These general sales conditions aim to define the rights and obligations of the parties with respect to the online sales of goods and services which are proposed to the buyer by pixieplants.com.

Article 3: Contractual documents

This contract contains the following contractual documents, ordered by decreasing importance: these general sales conditions and the online order form. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.

Article 4: Effective date and duration

These general sales conditions shall become effective from the date of the sending of the online order. They shall remain in force during all the time necessary to provide subscribed goods and services, until the expiry of the guarantees due by pixieplants.com.

Article 5: Electronic signature

The last “click” of the buyer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6: Order confirmation

The contractual information will be confirmed by e-mail not later than the delivery date or, failing that, at the address indicated by the buyer on the order form.

Article 7: Proof of the transaction

The computerized records, kept reasonably safely in pixieplants.com’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.

Article 8: Information about products/stock

8-a: On its website, pixieplants.com displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products he/she intends to buy before placing a definitive order.

8-b: Offers presented by pixieplants.com are valid only while stock lasts. pixieplants.com shall in no event be held responsible for any product being undeliverable, out-of-stock or sold out.

8-c: pixieplants.com reserves the right to change and replace products depending on its suppliers’ catalogues.

8-d: The pictures displayed on the website are not contractual.

Article 9: Pricing, delivery charges and taxes

9-a: Prices are indicated in in US dollars ($) and are only valid at the date when the buyer sends the order form.

9-b: Prices do do not include delivery charges, which are charged as extra costs and are indicated before the validation of the order.

9-c: We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Massachusetts, Mississippi, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Full payment must be made upon ordering, and in any event before shipping the ordered items. At no time any monies received may be considered as a deposit or a down payment.

Article 10: Method of payment

To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form. The buyer guarantees pixieplants.com that he/she has the authorizations required to use the chosen method of payment, upon validating the order form. pixieplants.com reserves the right to suspend any order procedure or any delivery if authorization of payment by credit card is denied by any certified financial institution or in case of non-payment of the order. pixieplants.com specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway. pixieplants.com has implemented an order check-out procedure to insure no one is using someone else’s banking information without their knowledge. pixieplants.com reserves the right to use this procedure if any doubt arises with regard to the client’s legitimacy. With respect to this check-out, the client shall be required to fax pixieplants.com a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer.

Article 11: Availability of products

The order shall be fulfilled within 5 days as of the date when the buyer placed it. If the ordered product is unavailable, especially because of our suppliers, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel his/her order. The buyer may then request a refund within 30 days after the payment date or order a replacement product.

Article 12: Delivery arrangements

Products shall be delivered at the address indicated by the buyer on the order form. The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform pixieplants.com by e-mail within 48 hours after delivery of any defects noticed.

Article 13: Delivery problems due to carrier

Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product…) should imperatively be mentioned on the delivery slip in the form of “handwritten reserves” signed by the client. At the same time, the buyer shall confirm this defect by sending the carrier the said claims by registered mail, within two (2) working days after the delivery date. The buyer shall send a copy of this mail to pixieplants.com, 1055 W. Granville Ave. #401, Chicago, IL 60660.

Article 14: Delivery error

14-a: The buyer shall report, within 48 hours after delivery, any claim concerning delivery errors and/or non-compliance of the products (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected. To have the right to return the product on account of a delivery error, the buyer shall in no event have unsealed, opened or used the item.

14-b: The submission of this claim to pixieplants.com shall be exclusively done by e-mail.

14-c: Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve pixieplants.com of any liability towards the consumer.

Article 15: Product guarantee

The provisions herein shall in no case deprive the buyer of the legal guarantee compelling the professional vendor to protect, defend and indemnify him/her against all the consequential damages arising out of or in connection with any latent defects of the sold product. The buyer is expressly informed that pixieplants.com is not the maker of the products presented within the pixieplants.com website regarding liability for defective products. Consequently, in case of any bodily injury or property damage due to a defective product, the buyer shall contact the maker of the said product, based on the information mentioned on the packaging, who shall be the sole responsible party.

Article 16: Returning Merchandise

16-a: When you receive your order, always keep the paperwork that is included with it in case you wish to return or exchange an item. Also, save any emails you receive about you order, as they may provide important information.

Returns can only be requested within 14 days of the product shipment date. Shipping costs will not be refunded.

Returned items must be in their original packaging and in new condition, or they will be rejected and sent back to you. Specific stores may have variations to this policy. View the return policy at the online store or contact PixiePlants if you have questions.

Your order must be returned to the merchant shipper in order to receive full product credit, your shipping costs will not be refunded. Contact the merchant shipper for help or assistance in processing a return.

Merchandise will be accepted for return within 14 days of receipt. The merchandise must be in new and unused condition and in its original packaging.

16-b: Damaged merchandise includes items that have been damaged in shipping. If a shipment arrives at your door with obvious shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call the merchant shipper immediately. You'll find contact information for the merchant shipper in the product box.

16-c: If you receive damaged merchandise, please save all packaging material and paperwork -- do not throw anything away! If you attempt to return the merchandise yourself, you jeopardize our chances of making a claim, and you may not receive credit for the return.

16-d: If you have recently placed an order via the PixiePlants shopping service and need information about it or would like to change it, there are a number of ways to contact us. Since we begin processing your order immediately after we receive it, modifications are usually not possible.

You can contact us via email at support@pixieplants.com.

16-e: We accept no responsibility for user initiated damage and/or loss of parts incurred during operation or use of product.

16-f: You agree to indemnify, defend, and hold harmless PixiePlants.com, its affiliates, partners, officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, attorneys' fees) that arise from your use of any of PixiePlants' services.

16-g: All prices, pictures, and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 14 days regarding price or promotion discrepancies.

When you place your order with us, you agree to the price and terms indicated on our Web site. Price differences related to future or past prices in our store or any other store are not refundable.

Article 17: Act of God

Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or an act of God. A fortuitous event or an act of God shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days following the date it becomes aware thereof. The two parties shall contact each other within a month, unless the act of God renders it impossible, in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued. If the act of God lasts more than three months, the aggrieved party shall be entitled to terminate these general sales conditions. Explicitly, are considered as acts of God or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the clients’ control.

Article 18: Partial non-validation

If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.

Article 19: Governing law

Article 20: Computer science and liberties

The information asked to the buyer is necessary for his/her order processing and may be exclusively communicated to pixieplants.com’s contractual partners involved in the fulfilment of the said order. The buyer may write to pixieplants.com to exercise his/her rights of access and rectification on his/her personal information contained in pixieplants.com’s files.

The buyer declares he/she has full legal capacity to commit himself/herself under the provisions of these general sales conditions