The Online Plant(s) Purchase Terms and Conditions herein are an agreement between seller and buyer. Both parties also agree to the online purchase of plant(s) (agreement) terms and conditions.
“Seller” means Tong Cactus
“Buyer” means any person, corporation, company, partnership, or entity that makes an order with a seller.
“Plant(s)” means any other product or service that a Seller sells on this website.
"Website" means www.tongcactus.com
“Plant(s) Price” means the price of the plant(s) before deducing a discount or the promotion price of the plant(s) excluding the shipping cost.
“Discount” means a discount from the plant(s) price or from the reward points or from a discount coupon or from a Seller's marketing promotion.
"Party" means the seller and the buyer.
- General Agreement
- The seller reserves the right to amend this agreement, including warranty conditions, plant(s), and any details that may arise in the future without prior notice to the buyer.
- Use of this website, either in whole or in part, is deemed to be the buyer acknowledging and agreeing to this agreement in all respects. If the buyer does not agree to this agreement and as well as the revised agreement, the buyer may terminate the use of this website at any time.
- This agreement constitutes a contract for the purchase of plants and/or other products and/or services between the seller and the buyer as appeared in this agreement. If any agreement between the seller and the buyer contradicts or differs from this agreement, the seller and the buyer agree to prevail in this agreement.
- In order to access this website, the seller reserves the right to refuse to sell plants to persons under the age of 18 and/or insane persons or who are inefficient in performing legal acts.
- When the buyer accesses this website, the seller assumes that the buyer accepts all of these Terms and Conditions and the buyer agrees that the seller can manage the buyer's Information. Whether the buyer has registered while accessing the website first or not.
- Orders and/or rejection and/or cancellation of the Plant(s) deems to act by the buyer. The buyer is bound by such orders in all respects.
- The seller has checked the correctness of the plant(s), the plant(s) information, and the photo of the plant(s) that appears in the description on the website. If there is an error that may be caused by printing, color, or packaging, the seller is only a preliminary presentation as a guide to the buyer. The seller does not consider such an error as a trading agreement.
- Intellectual Property
The buyer acknowledges and understands that information, news, photos, and other media are protected by intellectual property, copyright, or other applicable laws. The buyer agrees not to copy, modify, correct information, or any infringement of any intellectual property in relation to the plant(s) and/or breach the law without the authorization of the seller. If the buyer violates this agreement, the seller has the right to claim damages and/or order the buyer takes any action as the seller deems appropriate. The buyer agrees will not dispute in all cases.
- Plant(s) price and payment
- Plant(s), plant(s) details, prices, and plant(s) sizes displayed on this website are reserved to change without notice to the buyer in advance.
- All plant(s) photos and information displayed on this website are displayed as current conditions. The objective is to show the buyer the nature of the plant(s) only. The size, quality, height, and color of the actual plant(s) may differ from those shown on the website.
- Once the buyer has completed the ordered plant(s) as specified on the website, it is considered that the buyer's order has been completed.
- The seller may cancel the buyer's order if the plant(s) is running out of stock time to time or there is no plant(s) or plant(s) damage, or the plant(s) has more defects than offered on the website or other reasons. It the seller is unable to accept the order. The seller will notify the buyer to refund or provide another replacement, or the seller and buyer will otherwise agree.
- The price of plant(s) that is agreed to sell and/or receive the service will be regarded as the exact price only when the buyer completes the order as specified. The buyer can pay through the methods as follows:
- Credit and debit cards
- Pay via bank branches
- Other channels (according to the conditions set by the seller)
- If the buyer pays by credit or debit card, the buyer must complete the payment according to the information, plant(s) code, and amount as shown on the website. If the buyer fails to pay within the specified time or incomplete, the seller reserves the right to cancel the buyer's order immediately.
- Shipping plant(s)
- The plant(s) will be sent to the buyer who has paid for the plant(s) and has provided proof of payment to the seller.
- Plant(s) will be delivered to the buyer at the address stated on the website. The seller may notify the delivery of the plant(s) to the buyer through email and other designated by the seller.
- The buyer must fill out the correct and complete information on the receipt and delivery address
- The seller is not responsible for any delay and/or damage due to the fault of the shipping company which is beyond the seller's control.
- The seller is not responsible for any loss or damage after the plant(s) or service has been delivered to the buyer.
- Photos and information of all plant(s) displayed on this website are displayed according to current conditions. It is not a guarantee of any kind of plant(s) or service.
- Return and refund policy
- Seller reserves the right to be a non-returnable plant(s) or any service including non-refundable to the buyer after the plant(s) or service has been delivered to the buyer. Unless it can be proved that damage or loss has occurred prior to delivery only.
- In the case of sending plant(s) overseas, the buyer will be responsible for customs clearance and import charges. The buyer must have good knowledge and understanding of plant importation and the regulations process. If the plant(s) is subjected to customs clearance process and seize/destroy or return, the seller reserves the right not to be liable for plant(s) return or refunds or replacements for the buyer in all cases. It is the buyer responsibility to understand any applicable import requirements and restrictions.
- Seller will not refund anything for seized orders if phytosanitary certificates was not purchased additionally.
- Force majeure
The seller reserves the right to show responsibilities for force majeure such as delays in plant(s) delivery due to protests, riots, civil war, terrorism, war, plague, or natural disasters under such force majeure. The seller may not be able to meet some or all the terms of this agreement for the specified period. However, the seller will strive to manage the distribution and transport of the plant(s) normally as quickly as possible under force majeure.
The seller will contact the buyer for plant(s) mainly via website, and email. The seller may sometimes contact the buyer in other ways such as by telephone calls. In such a case, the seller will provide the buyer's plant(s) order details to confirm that it is a genuine contact from the seller and not an impersonation. If a buyer is contacted by someone who is suspected to be fraudulent, the buyer must notify the seller urgently so that the seller can deal with the fraud and notify other buyers in a timely manner.
- Limitation of liability
Each computer screen has different display properties and settings. Therefore, it is possible that the details of the plant(s) on the website may distort from the actual plant(s). Even if the seller has an effort to adjust the photo as close as possible to the actual plant(s), there is a factor that is beyond the control of the seller. Therefore, the seller cannot be held responsible for this part. In the event of damage or loss which is within the scope of the seller's reasonable responsibility, the seller will only be liable for an amount up to the plant(s) price that the buyer actually paid.
- Applicable law
Buying plant(s) or interpreting the terms and conditions of buying plant(s) on this website is governed by Thai law.