Terms and Conditions

RaysPlantExchange.com  

Buyer Terms and Conditions  

Revision - April 29th, 2025  

RaysPlantExchange.com (the Website) is an Online Marketplace, a venue which enables you to buy unique  plants from Gardeners, as facilitated by us, RaysPlantExchange.com, LLC. .  

At RaysPlantExchange we pride ourselves on delivering high quality and unique plants and the highest  standard of professionalism, from the moment you choose your plants to the moment it arrives at your door.  With this in mind, we advise you to carefully read through our terms and conditions before you place your  order. We want to protect your interests, so you keep coming back to us!  

By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and  Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding  agreement with RaysPlantExchange.com LLC (referred to as “we” “our” “us” or “RaysPlantExchange”  (referred to as “you” in these Buyer Terms and Conditions).  

1 DEFINITIONS  

The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we  have included the definitions within these Buyer Terms and Conditions.  

(1) “RaysPlantExchange” means the services we supply by providing the Website as an Online Marketplace,  allowing Gardeners to advertise plants and other merchandise on the Website, bringing Buyers and Gardeners  together, using the website, and facilitating orders.  

(2) “Gardener” means any person and/or organisation who displays Plants or other merchandise for sale on the  Website.  

(3) “Plants” means the plants and/or/products which a Buyer agrees to buy from the Gardener using the  Website, including Commissions and Grown to Order, as described in the individual listing on the Website.  

(4) “Buyer” means the person and/or organisation who uses the Website and may buy Plants.  

(5) “Commissions” are unique or special Plants grown according to the Buyer’s specific requirements so the  Buyer may choose, for example, a subject matter or color variations. However, the Buyer must bear in mind  that commissioning Plants to be grown is a personal choice and must be clear if the Buyer has any specific  requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in  advance with the balance payable once the Buyer has approved the images.  

(6) -Deleted-  

(7) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright,  design right, any contact or database rights, know-how, confidential information or process, any application for  any of the above and any other intellectual property rights recognised in any part of the world, whether or not  presently existing or applied for, which are held by the owning party.  

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(8) “Grown to Order'” are Plants which are grown/made for the Buyer based on an original Plant which the  Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the  size, design and color. Grown to Order Plants will not be an exact replica of the original.  

(9) “United States” includes many final delivery addresses in the United States but does exclude some states,  territories and postcodes where certain plants cannot be shipped. Please contact us and confirm those excluded  postcodes prior to ordering.  

(10) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what  the Gardener has agreed to supply, the price and expected delivery/supply date.  

(11) “Standard Delivery” means a method of delivery within the United States, using a carrier approved by us,  which is insured to at least to the value of the sale price for the Plants being sent and for which the carrier  obtains a signature upon delivery to show receipt.  

(12) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other  Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed  in writing by us.  

(13) “Upload onto the Website” means any submission or post, including any Gardener’s information  regarding any Plants for sale, in any format, including any post, content or anything whatsoever which a user  uploads or provides to us for upload and subsequently appears and can be viewed on the Website. This  includes taking part in any available feedback, review, discussion, forum etc.  

(14) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not  limited to, Buyers and Gardeners.  

(15) “We”, “Us”, means the organisation who supplies and owns this Website, is RaysPlantExchange.com,  LLC., whose registered office is at 820 Gessner, Suite 1380, Houston, Texas 77024 a Company Registered  in the State of Texas, United States of America. E-mail address info@RaysPlantExchange.co m.  

(16) “Website” means the website and all content at www.RaysPlantExchange. com  

(17) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all Federally recognized  public and bank holidays in the United States.  

(18) Governing Law shall be that in Harris County, State of Texas, United States of America.  

2 CONDITIONS  

(1) These Terms and Conditions (which also include our Website User Terms and Conditions , and our Privacy  Policy) apply the use of the Website and purchase of Plants and prevail over any other agreement,  documentation or communication whatsoever between us and can only be varied if agreed between us in  writing. Any special conditions which apply will be set out in the Order Confirmation.  

(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.  

(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the  Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as  you have placed your order.  

(4) Any queries must be in writing to the address stated in Clause 1(15).  

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3 THE PLANTS  

(1) Responsibility for Sales and Plants - We are an Online Marketplace, a venue which enables you to  buy unique plants from Gardeners, using the Website, which is owned and operated by  us, RaysPlantExchange.com, LLC. . As an Online Marketplace we bring together Gardeners and Buyers who  buy and sell unique plants using our Website services which means that you are not buying anything directly  from us. These Terms and Conditions incorporate all of the policies on the Website.  

(2)(a) Details of the Plants for sale are displayed on the Website and is provided by Gardeners who understand  that they must comply with all laws and provide details about the Plants, but if you need any other information  or you have any queries you can contact the Gardener directly using the “Contact the Gardner” form available  on the Website or email us before placing your order.  

(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Plants details in any  format or any form of advertising material are shown by us to provide some indication of the Plants and are not  part of any agreement unless specifically stated within the Order Confirmation.  

(3)(a)(i) You can place an order for a plant by following the Website guidance. Gardeners reserve the right not  to accept orders for any reason.  

(ii) Once your order has been accepted you will be provided with an Order Confirmation email  (b) Details of the Plants which we will be supplied to you are contained within the Order Confirmation. Only  the Plants as detailed in the Order Confirmation is included. Since you are buying directly from the Gardener,  the Gardener will provide you with your invoice.  

(4) If an Gardener is unable to supply any Plants then we will, at our sole discretion, either  (a) Offer an alternative OR  

(b) Cancel the order, and you will be provided with a full refund within 14 days of the cancellation date.  (5)(a) Commissions – the Gardener will agree a price for a commission or grown to order plants, based on your  requirements. 50% of the agreed price is payable once an order is placed by you. You will then be sent images  for approval. Once you approve an image then you are not able to cancel a Commission.  (b) Grown to Order – once Plants has been grown then you will then be sent images for approval. Although by  law you have no right to cancel these orders you are given a 14 day period in which to change your mind and  return the Plants, provided it is returned in its original condition and you return it ensuring that it is fully  insured until it is delivered to the agreed return address.  

(c) You can approve images by contacting the Gardener directly using the “Contact the Gardner” form  available on the Website or emailing us at Info@RaysPlantExchange.com.  

(6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to  consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded  in relation to the Plants.  

4 PRICE AND PAYMENT  

(1) (a) You are buying from the Gardener who will always supply you directly with your invoice thru the  website.  

(b) Other than International Sales and Commissions and Grown to Order, the price of the Plants, which  includes any applicable VAT or taxes, is as displayed on the Website at the time of purchase.  

(c) However, if you're in an International Sale (you are buying from a Gardener who is located in a country  which is either not your country of residence and/or where you want your Plants to be shipped), you may be  responsible for additional charges. Depending on the International Sale, this could include customs duties and  rates of various Taxes which are different to those in the United States. We advise that you clarify this before  placing your order by contacting the Gardener directly using the “Contact the Gardner” form available on the  Website or emailing us at Info@RaysPlantExchange.com .  

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(c) Please refer to clause 3(5) for Commissions and Grown to Order. The price that you will pay will be  confirmed in the Order Confirmation and the Gardener will supply you with your invoice.  

(d) Additional Plants or services will be subject to additional charges.  

(e) Unless otherwise specified in writing, you must pay in advance before Plants are dispatched.  

(2)(a) The Price includes standard delivery within the United States. The Gardener will provide carrier details  in your dispatch email.  

(b) An additional charge will be made for anything other than standard delivery and for delivery outside United  States and International Sales (see clause 6 following), according to the address, size and weight of the Plants.  This will usually be displayed under the “shipping tab” on the Plants page or, where it is not displayed you can  contact the Gardener directly using the “Contact the Gardner” form available on the Website or email us  at Info@RaysPlantExchange.comfor these charges once you have decided which Plants you would like to  purchase.  

(3) Payment is made to us in accordance with the order process on the Website which outlines the current  methods of payment which the Website accepts. Use of any payment card or method means that you are  confirming that all the information contained within the order is true and accurate and that you are authorised  to use the payment method. Occasionally, users may be asked to provide additional information, such as  clarification of personal details (for example your address), to enable us to complete an order – see clause 3(1)  of the Website Users Terms.  

(4) Gardeners may be able to agree to reserve Plants for you, if, for example, you are moving home. If we do  agree then it is on the following basis  

(a) You must pay a non-refundable 10% deposit to reserve the Plants  

(b) The balance payment (90%) is due within 30 days of the date your deposit is paid  (c) If you do not pay the balance payment when it is due (see clause 4(4)(b) above) then the Plants will no  longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.  

(5)(a) - Deleted -  

(b) - Deleted -  

(6) Loyalty points scheme – details of the scheme can be found  here: https://RaysPlantExchange.com/loyalty-reward-points. Where you have accumulated sufficient loyalty  points you can use these as payment for all or some of the price of the Plants you purchase.  

(7) Once you have placed an order you are responsible for payment you are responsible for payment and, if  you do not pay or there are any problems with your chosen method of payment, you remain responsible for  payment. If payment is not received when it is due then Gardeners, as facilitated by us, reserve the right to  charge up to 15% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until  full cleared payment is received and are also entitled to recover all reasonable expenses incurred in obtaining  payment from you, where any payment or part payment due to us is late.  

(8) For International sales see clause 6 following.  

5 DELIVERY  

(1)(a)(i) Delivery is at the expense of the Buyer and arranged by the Gardener to the address, as provided by  you on the Order Confirmation. Delivery will be handled by a third party vendor, processing fees and shipping fees will apply. The Buyer will get quotes on costs and times from the website at time of order. The Gardener will  provide information about delivery times when they dispatch your Plants.  

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(ii) Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the  Plants will be delivered within 2 business days, but this is not a guaranteed service  

(b) There will be an extra charge for other delivery services, and delivery to any address outside the United  States.  

(c) Multiple pieces of Plants may be dispatched individually.  

(d) Gardeners may offer a range of delivery options (different shipping methods and services) so please ensure  that you, the Buyer, select the option you require. However, sometimes these options may be limited because  of the type of Plants state or the country you want the Plants to be shipped to. If you have any queries about  shipping please contact the Gardener directly using the “Contact the Gardner” form available on the Website.  

(e) Although you may have a choice of delivery options, where applicable (such as exercising certain  consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Plants  that are supplied to you by the Gardener are damaged or faulty.  

(f) If you have any particular shipping requirements then you must please contact the Gardener directly using  the “Contact the Gardner” form available on the Website or email us.  

(2)(a) Other than for Commissions or Grown to Order Plants, unless the applicable listing or Order  Confirmation says otherwise, Gardeners aim to dispatch Plants to you within 14 days of the date of accepting  your order to comply with the law. If there is going to be a delay the Gardener will let you know by email so  you can cancel your order or choose another piece of Plants.  

(b) However, dispatch and delivery times are only estimates, and neither we, nor the Gardeners, are responsible  for late delivery or unavailability of Plants.  

(c) For Commissions or Grown to Order Plants  

(i) The Gardener aims to provide you with estimated delivery dates within 7 days of the date of your order and  aims to deliver within 30 days of the date of your order.  

(ii) if the Gardener is unable to deliver within 30 days of the date of your order then they will, at their  discretion, either  

(i) provide you with a revised delivery date or  

(ii) cancel your order and refund payment made by you. Where any payment or part payment is made by  loyalty points then these loyalty points are deducted.  

(3) If for some reason the Gardener is unable to dispatch the exact Plants you have ordered, then the Gardener  will either refund the price paid for that item or will email you and offer you an alternative item.  (4)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take  delivery of Plants. Risk in Plants passes to you upon delivery of the Plants.  

(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will  be responsible for any additional delivery charges incurred.  

(5) Delivery of Plants will usually be by a service which requires a signature (this usually must be someone  aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Plants  but also the state of the package received – see (6) below.  

(6) When you receive your order it is your responsibility to carefully examine both the package (before it is  opened) and the Plants for any damage. If there is any damage whatsoever or if, for example, a package shows  signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'.  In the subsequent event that the Plants is found to be damaged, please email us  at Info@RaysPlantExchange.com .  

(7) For International Sales (when you are buying from a Gardener who is located in a country which is either  not your country of residence and/or where you want your Plants to be shipped), you may be responsible for  additional charges. Please refer to clause 4(1) and clause 6 following.  

6 INTERNATIONAL SALES  

(1) The Website brings together Buyers and Gardeners from around the world. This applies if you are buying  from a Gardener who is located in a country which is either not your country of residence and/or where you  want your Plants to be shipped – we refer to this as international sales.  

(2)(a) The price is displayed in the US Dollar and so you will be paying using US Dollar.  5

(b) Where the Website displays a currency converter then this is only a guide/estimate because if your own  payment method is not US Dollar (for example, in Euro or UK Pound,) then your payment method provider  may make a charge for paying in US Dollar and they will also calculate the rate of currency exchange.  (c) Currency exchange rates and charges are your responsibility so you may wish to check this with your own  payment provider before placing your order.  

(3) (a) (i) Since the Website brings together Buyers and Gardeners from around the world, delivery of Plants to  an international address (one which is located in a different country to the one in which the Gardener is based  in) is at your own expense and risk and so we always advise that you to check directly with customs officials in  the country where any delivery address is located so that you understand what duties or other charges may be  imposed if you ask goods to be delivered to that country.  

(ii) Each Gardener has agreed in their Terms and Condition with us to reasonably assist you by properly and  fully completing relevant customs forms and declarations and any other relevant processes and/or documents  (whether online or otherwise).  

(b) (i) Some Gardeners may be registered for VAT and will be subject to different rates of VAT. (ii) Where a  Gardener is registered for VAT, they will charge you VAT.  

(iii) Where you are a buyer who is buying for your business, you may be eligible to not pay VAT or reclaim  any VAT which you have paid. Each Gardener has agreed in their Terms and Conditions with us to reasonably  assist you with this.  

(4)(a) You are solely responsible for complying with any import laws and requirements which apply to the  country where the delivery address is located.  

(b) In addition to the actual purchase price of the Plants, you will be solely and fully responsible for any and all  tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your  order and delivery.  

(5) This means that Gardeners will not be responsible for any costs incurred as a result of any delivery of  Plants to you.  

(6) With all international sales we also recommend that you  

- check the unit of weights and measurements used (for example imperial inches or metric centimetres)  - remember to allow extra time for delivery of your Plants  

- If you have any queries about the Plants, including VAT, sales taxes, customs or other duties, or shipping and  delivery please contact the Gardener directly using the details they provide on the Website – they will be happy  to deal with any questions you have.  

● CONSUMER CANCELLATION RIGHTS  

Many areas do not have consumer cancellation rights - most Gardeners will allow a Buyer to cancel without  penalty before the Gardner prepares the order for shipping and refund your money to the method paid.. The  state of Texas does not have statutory cancellation rights so this paragraph only applies to those localities that  do have consumer cancellation rights. Gardner and Buyer must be in the same locality. Variations in  cancellation rights is an area where there are likely to be developments.  

Gardeners should offer Buyers a standard cancellation form which they can use if they want to cancel.  

(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation  rights. This is an area where you need to watch for developments.  

(2)(a)(i) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their  trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some  orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to  change your mind, cancel the order and, where applicable, return the items to the Gardener (see clause 7(3) and  7(4) following), to obtain a refund. All Gardeners (sellers) are committed to ensuring that they abide by your  rights.  

(ii) Please note that these cancellation rights do not apply to any Grown to Order Plants.  6 

(b) If you are unsure as to whether you are purchasing as a Consumer please check this before placing your  order. You can contact the Gardener directly using the “Contact the Gardner” form available on the Website or  email us at Info@RaysPlantExchange.comor by post.  

(3)(a) If you would like to return your order, please confirm this in writing by contacting the Gardener directly  using the “Contact the Gardner” form available on the Website or emailing us  at Info@RaysPlantExchange.comwithin 14 days following the date you received your order (or from the date  you received the last item which completed your order). We will then help you with information about the  Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you  would like to use it or we may also wish to assist by arranging collection of the Plants from you.  

(b) However, once you have cancelled in writing, items can be returned to the Gardener (see clause 7(4)  following) although we do advise you to contact us first, before simply returning an item so that we can help  you to return the Plants. Please also see clause 8(4) following.  

(4) Unless it has been agreed otherwise (see clause 7(3) above)  

(a) Plants should be returned alive, unused and in perfect condition with the original packaging, within 7 days  of the date you advise us of your cancellation, at your expense to the Gardener using the postal address as  provided on the invoice unless the Gardener has specifically provided you with an alternative for the return.  We always advise that you return Plants using a service which provides you with proof of sending.  

(b) Unless your item is faulty or we have agreed otherwise with you prior to you returning the Plants, then you  will be responsible for the costs in returning the item to the Gardener.  

(5) We ask that you please repackage the Plants in its original packaging securely, to guard against damages,  and remove all shipping labels and, where applicable, print the address and shipping label we send to you via  email on behalf of the Gardener and attach to the parcel.  

(6) The law enables sellers (the Gardener) to deduct an amount from your refund if you have diminished the  value of the Plants by handling it beyond what is necessary to establish its nature, characteristics and function  – i.e. “unreasonable use”.  

(7) Unless you have lost the right to cancel, when you cancel an order for Plants, we will refund the amount  you paid for the Plants and the standard delivery costs (the cheapest option we provide). So, for example, if  you have chosen any express or next day delivery options you will only be reimbursed the amount of our  standard delivery costs.  

(8)(a) Where you cancel an order for Plants then we will refund you within 14 days of  - the date we receive the Plants  

- the date you supply us with evidence of having sent the Plants back to us  

whichever is sooner.  

(b)(i) Refunds are made using the same payment method that you used to pay us. Please bear in mind that  some payment methods mean that a refund may take up to 7 days to reach your account.  (ii) Where you have been refunded for an order that is partly or wholly paid for by loyalty points then you will  be refunded the amount of loyalty points you used as payment as if they had never been used.  

8 FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS  

(1)(a) Where there is a problem with your order, such as the wrong Plants arrives or any Plants is faulty,  unhealthy or missing, then we ask that you contact the Gardener directly using the “Contact the Gardner” form  available on the Website or email us at Info@RaysPlantExchange.comwithin 14 days after the day you  received the Plants.  

(b) Consumers may have a right to reject some faulty or unhealthy Plants, but this right is limited to 30 days  from the date you purchased the Plants.  

(2) Once you contact us then, on behalf of the Gardener, we will then assist you by liaising between Buyers  and Gardeners to deal with any problems.  

(3) Depending on the problem with your order we will advise you whether  

(a) You should send photos of the damage Plants and packaging and retain the plantwork as you are advised  should the courier, Gardener (or their representative) wish to inspect it and/or  

(b) On behalf of the Gardener we will make arrangements for a carrier to collect the Plants from the address  the Plants was delivered to. Collection will usually be Monday – Friday, 8am - 7pm OR  (c) Ask you to return the Plants to us  

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(d) You should retain the Plants and all original packaging for 30 days so that it can be inspected  (4) When returning any Plants we ask that you please repackage the goods securely, to guard against damages,  and remove all shipping labels and print the address and shipping label we send to you via email and attach it  to the parcel.  

(5) Within 14 days of receipt of the faulty Plants we/the Gardener will either  

(a) the Plants OR  

(b) provide a replacement OR  

(c) provide a refund, to include any standard delivery charges you paid when you placed your order and your  (5) Refunds are made within 14 days of the date the Plants are received using the same payment method that  you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days  to reach your account  

9 LIMITATION OF LIABILITY AND INDEMNITY  

(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury  resulting from our negligence or that of our employees or agents.  

(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any  economic loss or loss of profit or business whatsoever suffered by you or any third party whatsoever caused,  including as a result of any negligence, breach of contract, misrepresentation or otherwise.  (3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any  of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever  will exceed the price of the Plants. Please see clause 11 of the Website Terms.  

(4) You will indemnify us against all claims, costs and expenses which we may incur, and which arise, directly  or indirectly, from your breach of any of its obligations under these Terms and Conditions.  

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