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Terms and Conditions

Terms and Conditions

The following Terms and Conditions of Sale apply to all products sold or offered by The Seed Vault™ as well as the use of the site.

Terms and Conditions of Sale and Terms of Use of this Site

Acceptance of Terms

The following Terms and Conditions apply to all products sold by The Seed Vault™, including but not limited to seeds, seedlings, plants, gardening equipment, books, bulbs or any other propagating equipment or item,  whether via the website, telephonically or by any other method. Any interactions with Agents, Staff or any person assisting with products sold by The Seed Vault™ or any of its subsidiaries whether paid or unpaid shall be covered by these Terms and Conditions. The owner of The Seed Vault™ reserves the right to alter or update these Terms and Conditions at their sole discretion.
Use of this site and/or placement of an order shall constitute user and buyer’s acceptance of these Terms and Conditions.

Limitation of Warranty

The Seller, owner of The Seed Vault™, or any persons, agents working for or assisting The Seed Vault™, whether paid or unpaid, collectively called “the Seller” from now on, MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE. For any merchandise offered, warranted by the manufacturer and offered on The Seed Vault; the Seller  will not ratify, adopt or in any form whatsoever, express or implied, have any liability whatsoever thereunder, whether warranted separately by the manufacturer or not. The Seller does not, express or implied, adopt, ratify, undertake in any way any manufacturer warranties made by the User or Purchaser upon resale of merchandise, the Seller shall hold and have no liability thereunder.

The Seller further does not warrant that this site is free of errors and/or omissions and assumes no responsibility whatsoever for any errors or omissions of the contents thereof. The Seller further does not warrant, agree to, make any form of representation to or guarantee in any way the safety, accuracy, reliability, completeness, working order or completeness of these contents. The Seller shall not be held liable or responsible in any form whatsoever for any direct, indirect, consequential, special, general or incidental damages, including but not limited to loss of revenue, loss of data, loss of profit or any other kind of damage or loss not mentioned herein, resulting from the abuse, misuse, inability to use, correct or incorrect use of the products on The Seed Vault™, or the website The Seed Vault™, or any of the services used on The Seed Vault™ including but not limited to the ordering process and payment process, whether they be run by third parties or not. If the Seller is aware of or has been informed of the possibility of the damages mentioned above, including but not limited to them, the Seller does not make themselves liable, or assume any responsibility or obligation for said damages, including any resulting damage not mentioned herein.
This Limitation of Warranty is subject to the law and as such the use of the contents is forbidden in the instance where the law does not allow this Limitation of Warranty to take full effect, and as such the Seller distances themselves from any decision by the User or Purchaser to ignore such, whether resulting in damages or not, as well as assumes no liability for resulting damages from ignoring such.

Reservation of Rights

We reserve the right to:

*Alter this Terms and Conditions policy from time to time or as is needed or required. The User or Purchaser will be deemed to have accepted any changes or alterations to the Terms and Conditions by their continued use of the Website or any part thereof. It is the responsibility of the User or Purchaser to check for any alterations and or additions to the Terms and Conditions. Any disagreement with the Terms and Conditions can be indicated by no longer using or accessing the Website.

*Alter the prices, contents, quantities, payment methods, shipping methods or any other facet of the Website at our sole discretion, without any prior warning and without being liable to you, the User, the Purchaser or any other third party for any infringement or damages caused whether real or imagined.

*Withdraw, shut down temporarily or permanently, put on hold or suspend any part or the whole of the Website, The Seed Vault™, without any prior notice to you, the User, the Purchaser or any other third party. The use of this Website indicates agreement with said withdrawal, temporary or permanent shut down without holding the Seller liable in any form for any infringement or damages caused whether real or imagined.

*Maintain the Website, The Seed Vault™, or any other website we own either connected or redirected to The Seed Vault™ Website, in a manner that the Seller determines, with technology that the Seller determines. The Seller will not be liable for, nor will you, the User or the Purchaser be eligible for compensation in any form due to you, the User or the Purchaser’s inability to use any part of the Website whether from lack of knowledge or due to failure of any kind (technological or other), suspension or withdrawal of part or all of the Website for any reason whatsoever.

*And institute all rights in regards to copyright and Trade Marks of our material, whether on the Website, or in or on any products or merchandise purchased or used by you, the User or Purchaser in accordance with the laws governing Copyright. All Trademarks are the property of The Seed Vault™ and its owner unless otherwise stated.

Limitation of Remedy

The Seller’s liability, or the Website, The Seed Vault™, or any website owned by, connected to or redirected to The Seed vault’s liability, whether for breach of warranty, negligence, products liability, breach of contract, damages of any type or kind, any concept of liability, third party warranty, incidental, accidental, direct or indirect damages, consequential damages, special circumstances or special damage to you, the User or the Purchaser, shall be limited to the purchase price or a portion of the purchase price only, as determined by the Seller, and only after an investigation of the circumstances has determined the case to be such. This does not negate the Seller’s right to refuse a refund of the purchase price for any reason whatsoever, without giving a detailed explanation. This will be the sole and exclusive remedy available to you, the User or the Purchaser. The Seller will, under no circumstances, be liable for damages in excess of the purchase price or a portion of the purchase price as determined by the Seller. DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS LIMITATION OF REMEDY OR ANY OF THE OTHER TERMS AND CONDITIONS IN THIS TERMS AND CONDITIONS POLICY. Use of this Website indicates agreement with and acceptance of these Terms and Conditions.

Privacy Policy

Please refer to our Privacy Policy under the heading "Privacy Policy" on the site and consider the Privacy Policy to be an addendum to and included in the Terms and Conditions policy.

Indemnity

By placing an order and/or accepting any product or merchandise in any form from the Seller or the website The Seed Vault™ or any websites owned by, connected to, or redirecting to the Seller or The Seed Vault™ , you, the User or the Purchaser indemnifies,  holds harmless and must defend  from and against any claim or loss asserted by any or all recipients, users or transferees of said product or merchandise or users of the products and merchandise who are or are not notified by you, the User or the Purchaser in writing of the Terms and Conditions, Limitation of Warranty, Limitation of Remedy, Mandatory Arbitration, Governing law, jurisdiction and venue and Notice concerning seed-borne diseases in a style, type, manner and language similar or equal to that contained in these Terms and Conditions of sale and use. 


Returns and Refunds

Please refer to our Returns Policy under the heading "Returns Policy" and consider the Returns and Refunds Policy to be an addendum to and included in the Terms and Conditions Policy.

Product Availability

Due to the nature of the products and merchandise on offer the Seller makes no guarantees, expressed or otherwise, on the availability of products and merchandise. The Seller will make every effort to ensure that products and merchandise advertised, offered or otherwise indicated are available but accepts no liability whatsoever for availability of products or merchandise. Please bear in mind that some products, merchandise and other things on offer or displayed in any form are seasonal.
From time to time we may run out of stock or stock may not be available to us due to the season or seasonal demands, or for any reason whatsoever, or the amounts of stock available may be incorrectly reflected on the Website, the Seller accepts no liability and makes no guarantees in this regards, nor will the Seller offer or engage in correspondence to any kind or type of remuneration or any form of liability in this regard.
The Seller, however, will endeavour to contact you, the User or Purchaser with the contact details provided to either replace the product or merchandise with a similar one or to remove it from the order as indicated by you, the User or Purchaser.

Prices

All prices are subject to change without notice. The price reflected at the time of shipment will be the prevailing price. If a price has been incorrectly displayed on the Website you, the User or the Purchaser will be given the opportunity to re-asses the order and have the option to cancel the item at your sole discretion, you, the User or Purchaser will not however have the right to demand the product or merchandise at the incorrectly displayed price. You, the User or Purchaser indemnifies and does not hold the Seller liable in any form should such a situation arise.
The Seller accepts no responsibility or liability for assembly, installation, further processing or any other steps that need to be taken to make or convert the product or merchandise into a viable product of any useable form whatsoever.
Additional charges may apply to you, the User or the Purchaser’s use of or purchase of any product or merchandise on offer, these may include but are not limited to processing, handling charges, delivery costs, applicable taxes and any further costs involved in the use of the product or merchandise.

All transactions will be processed in South African Rands (ZAR)

The Seller will endeavour, but does not guarantee, to offer competitive prices on available products and merchandise, but will not enter into correspondence on price in relation to discounts, over or under priced products or merchandise, free giveaways, donations or any other matters along these lines.

Payment Options

ALL PAYMENTS WILL BE PROCESSED IN SOUTH AFRICAN RANDS (ZAR)

PLEASE USE THE LAST 4 (FOUR) NUMBERS OF YOUR UNIQUE ORDER REFERENCE NUMBER WHEN MAKING A PAYMENT.


*EFT (Electronic Fund Transfer)

This is the most popular method of payment. Follow the instructions on the “checkout” option. You will then load The Seed Vault’s banking details on your internet banking, use your unique reference number in the reference line of the payment. Fax or email your proof of payment to The Seed Vault on the fax number or email provided.

*Direct Deposit

This is when you physically walk into the bank and make a deposit into our account for your order. Please make sure your unique order reference number is captured in the deposit.
PLEASE TAKE NOTE OF THE CASH DEPOSIT FEE LISTED ON THE WEBSITE AND ADD IT TO YOUR ORDER, YOUR ORDER WILL NOT BE PROCESSED WITHOUT THIS AMOUNT BEING PAID. SHOULD YOU NEVER DEPOSIT THE CASH DEPOSIT FEE AND CANCEL YOUR ORDER, YOUR FUNDS WILL BE RETURNED TO YOU LESS THE BANKING COSTS WE HAVE INCURRED.Please note that this amount may change from time to time as determined by the Bank.

*Cheques

NO CHEQUE PAYMENTS ALLOWED.


Terms of Use

The use of the Website and/or any of its features, including ‘just browsing’ will be considered to be acceptance of the Terms of Use and Terms and Conditions Policy. Please refer to our full Terms of Use document under the "Terms of Use" tab/button and consider the Terms of Use to be part of and included in the Terms and Conditions and Use of Service.

Purpose of product / Exclusion of Use

The Products, merchandise, information and ideas on the website are not intended for present or future sale to third parties and included but not limited to commercial growers, growers for a market of any kind, gardening for a market of any kind, fruit and vegetable sellers, any kind of commercial enterprise in any form.

Product safety

The Seller does not undertake, nor can be held liable for the safety of the products or merchandise on offer.
It is for the sole discretion of you, the User or Purchaser to use any products or merchandise on the Website or not, and by purchasing any product or merchandise on the Website do fully and completely agree not to hold the Seller liable for any unwanted, undesired, unexpected outcomes relating to, but not limited to, any allergic reaction to or from the product or merchandise, any food borne illness relating to or from the merchandise. The seeds for sale are NOT FOR EATING and by purchasing said seeds you, the User or Purchaser acknowledge and fully understand this and shall not hold the Seller liable in any form for incorrect use of the product or merchandise.

Seed-borne diseases and Pest Transference Notice


Neither the Seller nor the Website The Seed Vault makes any form of representation regarding the seed or plants sold to be free from seed borne diseases and as such shall not be held liable in any form regarding seed borne diseases, whether known or unknown, whether identified or unidentified, whether previously existing or an entirely new disease.

Whilst every reasonable effort will be made to limit the spread of pests within or without the seeds and plants available for sale, whether on or in the seed or plant, or on or in the packaging, material or any substance sent to you, the User or Purchaser, the Seller and The Seed Vault™ shall not accept any responsibility or liability in this regard. You, the User or Purchaser shall make the purchase being entirely aware and fully satisfied that the risk of seed borne diseases and pest transference will rest solely and entirely with you, the User or Purchaser and you, the User or Purchaser will have and take no remedial action or hold liable in any way whatsoever the Seller or the Website The Seed Vault™ in the unlikely event of this occurring.

Ordering and Shipment

PLEASE ENSURE THAT YOU INSERT THE CORRECT SHIPPING ADDRESS IN THE CORRECT PLACE ON THE WEBSITE. OWNERSHIP AND ALL RISK WILL PASS TO YOU ONCE YOUR ORDER HAS LEFT OUR PREMISES.

Our preferred method of shipping is via courier. If, however, you wish us to utilise the post office, this can be done under the STRICT CONDITION THAT YOU, THE USER OR PURCHASER TAKE SOLE RESPONSIBILITY FOR ANY LOSS, DAMAGE TO CONTENTS OR UNDELIVERED PARCEL SENT TO YOU VIA THE POST OFFICE. WE WILL SUPPLY YOU WITH THE TRACKING NUMBER AS ISSUED BY THE POST OFFICE. The Seller cannot accept any responsibility or liability or assist with tracking a missing parcel sent through the post office, unfortunately we will not enter into correspondence regarding this issue.

Couriers do not deliver to remote areas and as such it is your responsibility to provide us with a drop off point or an alternate person to receive the parcel on your behalf.
COURIERS DO NOT DELIVER TO A POSTAL ADDRESS. If you provide a postal address, we will assume that you wish the package to be sent via the Post Office and we will do so under the undertaking and understanding by yourself, that by providing a postal address you take full responsibility for any loss, damage to contents, undelivered package, or order or any other calamities that may arise.

Seedlings sent via courier will not be dispatched near the end of a week in order to minimise the amount of time they spend in transit, we do not want the seedlings to spend more time travelling than necessary and as couriers do not deliver on week-ends, we will not ship seedlings close to the end of the week in order to ensure that they do not spend the week-end in a warehouse.
Any damage caused to seedlings in transit should recover once the seedling is watered and settled.
We do not accept any responsibility or liability for seedlings that die, or are damaged for any reason whatsoever, whether it be from transit or lack of care after delivery, or any number of reasons as once the seedling has left our premises we are no longer in control of its environment and you, the User or Purchaser agrees to accept sole responsibility and all associated risks when ordering seedlings.
Seedlings ordered together with seeds and/or other products or merchandise will be shipped together, orders cannot be split.

*Missing or damaged parcels or orders sent via courier

The Seller will replace the contents of orders or parcels that have gone missing or are damaged when sent with our designated couriers at our own cost AFTER an investigation has been completed and the facts of the situation have been ascertained. The Seller does not offer nor accept liability for any further costs in any regards whatsoever resulting from a damaged or missing parcel or order sent via our designated courier, whether directly or indirectly.

International Orders

At this stage we do not accept international orders, but will be adding this opportunity as soon as possible.


Returned packages due to inability to deliver

Should your package be returned to us as undeliverable, we will make every effort to contact you with the details you provide to make alternate arrangements. Should we not be able to get hold of you after reasonable effort, your package will be forfeit after a period of three (3) months and you WILL NOT BE REFUNDED NOR WILL WE RESEND YOUR PACKAGE AFTER THREE (3) MONTHS, YOU WILL UNFORTUNATELY HAVE TO PLACE A NEW ORDER. You may be charged additional fees if we do contact you and are instructed to re-send you the package within the prescribed forfeiture period.

Turnaround time/ Delivery time

The Seller will make every effort to dispatch your order as soon as possible, this will depend on the time that your order is placed and we strive to dispatch within 1-3 working days. Your order will be shipped within 5 working days. If there are any special items or instructions the Seller will still endeavour to ship within 5 working days.

You, the User or Purchaser are responsible for ensuring the correct selection of the shipping option you require, if selected incorrectly this will cause delays to your order. The Seller will not be responsible for delays or losses resulting from incorrect shipping option choice.


 

 

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