ia Terms and Conditions

1. Scope

1.1 These Terms and Conditions for the Sale of License (“T&C”) form the basis of the relationship between Plants Play di Edoardo Taori (“Plants Play,” “we”, “our” and “us”) and the purchasers of our goods and services (“customer,” “you,” and “your”). The accompanying confirmation of sale and these T&C comprise the entire agreement between you and Plants Play and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These T&C prevail over any of your general terms and conditions of purchase regardless of whether or when you have submitted your purchase order or such terms. Fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not serve to modify or amend these T&C.

1.2 The following provisions of these T&C shall specifically apply to you if you reside in or otherwise purchased your Plants Play product in Europe: 5.1, 5.2, 6.1, 6.2, 6.3, 6.4, 8.3(f), 8.5, 9, 9.1, 9.2, 14.1, 14, and 16.

For purposes of the provisions referenced in the above section 1.2, “Consumers” and “Entrepreneurs” are natural persons within the meaning of the Italian Civil Code and customers may be both Consumers and Entrepreneurs.

1.3 Any other terms and conditions provided by users that conflict or deviate from these T&C are unenforceable and are expressly rejected by Plants Play, unless we otherwise communicated our agreement thereto in writing.

 

1.4 Our contact information is below:

Plants Play di Edoardo Taori

Ceo & Founder: Edoardo Taori

via Ianni, snc, Seclì (LE) 73050, Italy.

info@plantsplay.com

IT 04968040750 – REA LE-332059

 

For support-related questions, please contact our support: support@plantsplay.com

For press-related questions, please visit: www.plantsplay.com/support

 

2. Privacy Policy

Our practices regarding the collection, storage and processing of personal data is set forth in our privacy policy. You can read it by clicking on “Privacy Policy” link in the footer of this website.

 

3. Amendments and Access to Website

3.1 We reserve the right to change or supplement these T&C, the End User License Agreement (“EULA”), and our Privacy Policy from time to time. To the extent possible, and absent exigent circumstances, we will strive to communicate such changes to you by message (e.g. by e-mail) at least two weeks before the proposed changes are scheduled to take effect. Such changes will also be announced on our website.

3.2 If we do not receive your objection to said changes within two weeks of our notification to you of such change or if you otherwise continue to use our products or services thereafter, the changes shall be deemed accepted by you.

3.3 We cannot always ensure continuous access to our website due to factors outside of our control, including but not limited to telecommunication networks being overloaded.

 

4. Final Provisions

4.1 Choice of law. If you reside in or purchased your Plants Play product in Europe, or outside of Europe, disputes arising out of these T&C shall be governed by and construed under the laws of the Italian Republic. In any event, the provisions of the Convention for the International Sales of Goods shall not apply hereto.

4.2 Venue and jurisdiction. If you reside in or purchased your Plants Play product in or out the European Union, the exclusive venue for any dispute arising out of this contract shall be Lecce, Italy. If you are a merchant or you have no general jurisdiction in Italy, or if your domicile is not otherwise known, you agree that the exclusive venue for any dispute arising out of this contract shall be in Lecce, Italy.

4.3 Referring to persons. Whenever the context requires, the masculine grammatical gender shall include the feminine grammatical gender.

4.4 Languages. By purchasing any of Plants Play’s products you agree that you have understood the Terms and Conditions, Returns & Refunds, Payment & Shipping, Privacy Policy, Battery Precautions and Safety Information in the English language.

 

5. Special information on the online dispute resolution for Consumers within the European Union

In the first quarter of 2016 the EU Commission launched an internet platform for online dispute resolution (the “ODR Platform”). The ODR Platform shall be a focal point for Consumers and vendors with disputes arising from online sales contracts (“Online Contracts”) who desire to resolve such Online Contract disputes outside of court.Online Contracts are sales or service contracts where the vendor, or the vendor’s intermediary, has offered goods or services on a website or by other electronic means and the Consumer has ordered such goods or services on that website or by other electronic means. The ODR Platform can be accessed through the following link: http://ec.europa.eu/consumers/odr.

 

6. Special Conditions for Contracts with Entrepreneurs within the European Union

The following exceptions from the T&C above apply to you if you are a resident of Europe or are not a Consumer, but are an Entrepreneur.

6.1 In deviation from Sec. 8.1 the warranty period shall be one year from the delivery of the goods.

6.2 In deviation from Sec. 8.1 the customer who is an Entrepreneur shall inspect the good for quality and quantity deviations without undue delay after delivery and shall notify Plants Play in writing of visible defects within a period of one week as of the delivery of the product. Otherwise assertion of the warranty claim shall be excluded. Hidden defects are to be reported in writing within a period of one week as of the detection.

6.3 Seclì (LE), Italy is the agreed place of performance.

 

7. Force Majeure

If we are delayed or prevented from fulfilling any obligation incurred under these T&C due to reasonably unforeseeable events or so called acts of god including but not limited to: mobilization, war, riot, strike, lockout, fire, natural disasters, transport problems, changes to legal provisions, administrative measures or the occurrence of other unanticipated events not caused by us, our deadlines will be suspended accordingly without us incurring any additional liability or penalty.

 

Returns & Refunds

8. Limited Warranty

8.1 If you have any questions related to warranty, repairs or returns, please contact us here: support@plantsplay.com. In order to avoid unnecessary delays and cost, please don’t return any products without first contacting our support team using the link above.

If you live in the EU, your statutory warranty rights are not affected. In the event of any conflict between these printed T&C and those posted online at this address www.plantsplay.com/termsconditions, the online version shall prevail.

8.2 Plants Play Limited Warranty Information for global product purchases

a) What is covered and for how long?

This limited warranty (“Limited Warranty”) covers all defects in materials and workmanship on every Plants Play product you purchase for the duration of the applicable Warranty Period (as defined below), subject to certain exceptions.

This Limited Warranty is conditioned upon: (a) proper use and maintenance of the product in accordance with the owner’s manual; and (b) purchase of the product directly from us or from an Authorized Dealer; and (c) your prompt delivery of notice of your defective product, which reasonably describes the defect, within five (5) business days of when you discover or ought to have discovered the defect; and (d) we reasonably verify your claim that the product is defective.

An “Authorized Dealer” is any merchant that has a reseller, vendor or other distribution agreement with us authorizing the consumer sale of our products.

The warranty period for Plants Play products purchased directly from us or from an Authorized Dealer have a two (2) years Limited Warranty, whereas factory-refurbished products purchased from us or an Authorized Dealer have a one (1) year Limited Warranty, each calculated from the date of initial purchase (“Warranty Period”).

If you sell your product to an individual in a non-commercial, private sale, the remaining duration of the Limited Warranty can be transferred to that private buyer provided that the original invoice or receipt of the purchase of the Product is also delivered to the private buyer.

If Plants Play product defects occur within the Warranty Period, we will, at our discretion, either replace or repair the product at our expense (including the cost of parts and labor for repair) (“Warranty Exchange or Repair”) in the event that a device, which is identical in every respect, is no longer available in our product line, we reserve the right to replace the product with a device that, in our discretion, is technically and functionally equivalent to the defective product. In the event the product is a set of devices, we are obligated only to replace or repair the defective component or device, and not the whole set (unless we determine in our discretion that such replacement or repair is necessary to satisfy our Limited Warranty).

If certain countries impose special conditions, then the relevant national laws will apply for consumers residing in those countries.

 

b) What is not covered?

This Limited Warranty does not cover:

 

c) What are our obligations?


During the applicable Limited Warranty period, we will repair or replace, in our sole option, without charge to you, any defective component part of the product.

In order to obtain service under this Limited Warranty, you must first contact Plants Play customer support with the instructions provided at support@plantsplay.com and follow the instructions provided by customer service.

We will repair or replace the defective product subject to the terms herein. We may, in our sole option, use rebuilt, reconditioned, or new parts or components when repairing any product or replace a product with a rebuilt, reconditioned, new or comparable product. Repaired products will be warranted for a period equal to the remaining balance of the Warranty Period.

For the avoidance of doubt, if you purchased a non-refurbished product and send it back to us for Limited Warranty repairs and we install any refurbished components during our repair, your product will still be deemed a non-refurbished product. All replaced parts, components, boards and equipment become the property of Plants Play.

 

d) Repairs

Returns under either the Limited Warranty or non-Limited Warranty must be packed in a careful manner to protect against damage, together with all accessories and in the original packaging together with a copy of your purchase receipt.

If we determine to repair or replace your product under the Limited Warranty, we will pay the return costs for ground shipping to you. If we reasonably determine that the product you returned is not defective or does not fall within the Limited Warranty, we will contact you with a repair cost quote and will arrange for reshipment to you at your cost. If you decline to pre-pay such return shipping costs, we are under no obligation to return such product to you. By returning goods to us for repairs after the expiration of the Warranty Period, or products that are not otherwise covered by the Limited Warranty, you are expressly assuming liability for any reduction in value that might result from the reasonable handling and inspection which may be necessary to make repairs.

In order to process your request, please contact Plants Play Customer Support at: support@plantsplay.com. The Plants Play Support representative will require the following information:

The invoice number or original receipt which was shipped with your product or the order confirmation you received via email as a PDF file at the time you acquired your product. The serial number which can be found with the original packaging.

In the case of a return for service under the Limited Warranty you must provide us with a malfunction description. Please describe the exact nature of the malfunction or defect and the circumstances under which it occurs.

In the case of a product exchange, you will be provided with a return merchandise authorization (RMA) and you will need to provide a valid return address to the Customer Support representative.

 

e) What are the limits on Plants Play’s liability?

THE WARRANTIES GIVEN IN THIS LIMITED WARRANTY, TOGETHER WITH ANY IMPLIED WARRANTIES COVERING PLANTS PLAY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY FOR EACH RESPECTIVE PRODUCT.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, PLANTS PLAY SHALL NOT BE LIABLE FOR ANY FORESEEABLE SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, LOSS OF PROFITS, LOSS OF DATA, DAMAGES TO PURCHASER’S PROPERTY, OR INJURY TO YOU OR OTHERS ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE ANY PLANTS PLAY PRODUCT, BREACH OF WARRANTY, OR NEGLIGENCE, INCLUDING BUT NOT LIMITED TO PLANTS PLAY’S OWN NEGLIGENCE, EVEN IF PLANTS PLAY OR ITS AGENT HAS BEEN ADVISED OF SUCH DAMAGES, OR FOR ANY CLAIM BROUGHT AGAINST PURCHASER BY ANY OTHER PARTY.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY FOR PLANTS PLAY PRODUCTS, AND IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. THIS LIMITED WARRANTY STATES YOUR EXCLUSIVE REMEDY.  IF ANY PORTION OF THIS LIMITED WARRANTY IS ILLEGAL OR UNENFORCEABLE BY REASON OF ANY LAW, SUCH PARTIAL ILLEGALITY OR UNENFORCEABILTY SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINDER OF THIS LIMITED WARRANTY WHICH PURCHASER ACKNOWLEDGES IS AND WILL ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS OR AS LIMITED AS THE LAW PERMITS.  IN NO EVENT SHALL PLANTS PLAY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO (i) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (ii) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

 

This Limited Warranty allocates the risk of product failure between you and Plants Play, and this allocation is reflected in our retail pricing. Our agents, employees, distributors, and dealers are not authorized to make modifications to these T&C including without limitation the Limited Warranty contained herein. Accordingly, additional statements such as dealer advertising or presentation, whether oral or written, do not constitute warranties made by us and such statements should not be relied upon.

 

f) Governing Law for European Union and outside European Union:

If you reside in or purchased your Plants Play product in the European Union or outside European Union, this Limited Warranty shall be governed by and construed under the laws of the Republic of Italy. This Limited Warranty shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

h) Right of Withdrawal (14 day money back guarantee)

If you reside in the EU, USA or Canada, and if you have purchased the Plants Play product exclusively on www.plantsplay.com, you have the following right of withdrawal:

On the day that you acquire constructive possession of the Plants Play product, and during the fourteen (14) calendar days thereafter, you have the right to withdraw from this contract for any reason or no reason (the “Withdrawal Period”). To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract before the expiration of the 14-day Withdrawal Period by sending an unequivocal statement (e.g. a letter sent by post or e-mail) to Plants Play at:

 

Plants Play di Edoardo Taori

Attn: RIGHT OF WITHDRAWAL

via Ianni, snc, 73050, Seclì (LE), Italy

or send e-mail to: support@plantsplay.com

As a convenience, we have included a Model Withdrawal Form in section 9 which you are welcome to use. This clause does not apply to Indiegogo or any other crowdfunding pledges.

Effect of Properly Exercising a Right of Withdrawal.

If you properly withdraw from this contract following the procedures outlined in this section 8.2h, we shall reimburse the following payments received by you: (i) the price of the product, less any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods; standard shipping costs (irrespective of whether you purchased a faster or more expensive shipping method) less any additional import duties; and (iii) VAT.

We shall reimburse such funds to the same means of payment that you used to pay for the initial transaction, unless you have expressly and reasonably instructed otherwise.

Upon our receipt of your notification that you are exercising this right of withdrawal, reimbursed funds shall be promptly returned not later than 14 days from the earlier of: (a) the day Plants Play actually receives your returned product(s); or (b) the day Plants Play receives evidence that the returned good(s) are in the possession of a common carrier and bound for Plants Play at your expense. You will not incur any penalty or fee solely as a result of exercising your right of withdrawal, however, the customer must bear the cost of returning the goods to Plants Play and Plants Play will not refund such return shipping costs. If you exercise your right of withdrawal and return a damaged product, we reserve the right to withhold the amount of funds from your refund sufficient to cover the cost of repairing the damage.

Goods must be returned not later than 14 days from the day on which you communicate your right of withdrawal to us and the goods must be delivered to the location specified by the Plants Play customer support team.

8.3 We do not provide you with any guarantees, unless such guarantees are made in writing and signed by an authorized Plants Play employee (for the avoidance of doubt, Authorized Dealers are not authorized Plants Play employees) formally vested with documented authority to bind the company.

 

9. Model Withdrawal Notification Form

(Complete and return this form only if you wish to withdraw from the contract)

To:

Plants Play di Edoardo Taori

via Ianni, snc

73050, Seclì (LE)

Italy

 

If you prefer you can directly contact our support team at: support@plantsplay.com

 

I/We ________________ (“Customer”) hereby provide notice that Customer withdraws from Customer’s contract of sale regarding the following goods and or services:

Serial number of good(s)/ name of service(s) purchased and hereby returned: _______________

Ordered on (*)/received on (*),

Name of Consumer(s),

Address of Consumer(s),

Signature of Consumer(s) (only if this form is notified on paper),

Date

 

9.1 To ensure efficient and customer-friendly processing, please send withdrawals to the Seclì (LE), Italy address mentioned in the delivery slip in Section 8.

9.2 A right of withdrawal does not apply to contracts for customized goods, or for goods to which Italian Civil Code otherwise applies.

 

10. License

10.1 You are given a non-exclusive, non-transferable license to use the licensed Plants Play firmware and Plants Play iOS/Android app for an unlimited duration conditioned upon our receipt of full payment of the invoice.

10.2 Plants Play expressly retains ownership of all Plants Play intellectual property, including but not limited to all trademarks, source codes and copyrights. Software and accompanying materials may not be translated, decompiled, disassembled, reverse engineered or otherwise changed by you without Plants Play’s prior written consent, unless a legal exception otherwise exists.

10.3 If the license granted by Plants Play to the customer terminates, for example, after exercise of a contractual or statutory right of withdrawal, the customer shall promptly erase all stored data derived from the Plants Play product from your computer system (if any), unless applicable laws or regulations prohibit such erasure. All data, media, and copies or written documentation or documentation in text form of relevant data of Plants Play must be immediately deleted or returned to us, except that you may retain copies of your invoice, order confirmation, receipt and these T&C.

 

11. Limitations of Liability

In addition to the limitations of liability set forth in section 8.3 (e) and to the maximum extent allowable under applicable law, Plants Play and its officers, directors, agents, and representatives limit their liability for each of the following: (a) foreseeable contractual and extra-contractual damages, whether based on contract, negligence, or other tort; and (b) negligent breaches of minor collateral contractual obligations, negligence or other tort.

 

Payment & Shipping

12. Order Procedure

12.1 Products can be ordered using the order forms on the Plants Play website http://plantsplay.com and Plants Play’s Amazon selling portal each such order constitutes a separate binding offer by you to form a contract with us.

12.2 Once we receive an offer, the contract shall only become binding and enforceable upon the earlier of when: (i) we send an order confirmation to you via e-mail, or (ii) we begin the fulfillment process of your order. The text of the contract will be stored on our internal system and sent to you by e-mail.

12.3 The contract will be automatically drafted during the order process. Although a copy of your contract will be included in your order confirmation email, your contract will not accessible via our website once an order is made.

12.4 We may use unaffiliated third parties in the performance of the obligations we incur under this agreement, including but not limited to order fulfillment.

 

13. Prices / Shipping Costs / Customs

13.1 All prices listed on our websites reflect the applicable retail purchase price for a given product. This retail purchase price includes applicable sales tax but it does not reflect all other costs, including but not limited to VAT, and any taxes, duties, charges or withholdings that may apply based on your jurisdiction. You shall be responsible for all costs included in the grand total shown during order checkout.

13.2 Note that if you are a Consumer who exercises your right of withdrawal (Sec. 8.5) you agree to also pay for the standard return shipping costs.

 

14. Payment / Delivery Times

14.1 Invoices are payable to Plants Play immediately upon your receipt. You agree to the credit card or Paypal charges immediately upon processing of your order.

14.2 Notwithstanding any of our other rights, any customer in default shall pay the full amount of their order’s grand total, plus a default penalty until said customer has fully paid all money owed to us. The default penalty shall be calculated according to the following formula: Consumers in default shall pay a default interest penalty rate of 5% per year on the outstanding balance and Entrepreneurs in default shall pay a default interest rate penalty of 8% per year on the outstanding balance.

14.3 Plants Play is entitled to offset any claims against you. We are also entitled to collect claims or have claims collected from you.

14.4 You have a right to an offset only if your counterclaim(s) have been established as legally-binding or are otherwise recognized by Plants Play in writing.

14.5 You may only exercise your right of retention for a product when your counter-claim arises out of the contract for that specific product.

14.6 You may only assign your claims if you receive prior written consent from us.

 

15. Transfer of Risk

15.1 If you are a Consumer, the risk of loss, accidental destruction, and accidental deterioration of goods passes to you upon our tender of delivery of goods in a way that enables you to accept delivery.

15.2 If you are an Entrepreneur, the risk of loss, accidental destruction or accidental deterioration of the goods passes to you upon our tender of delivery to you, your agent, or to the shipper designated to execute the delivery.

15.3 With respect to the download and transmission of data over the internet, the risk of loss, destruction or modification of the data passes to you upon the passage of such data over the network interface.

15.4 Delivery shall be deemed complete once the goods have been tendered to your constructive possession.

 

16. Retention of Title

16.1 If you are a Consumer, Plants Play retains title to the goods until we receive full payment of the order grand total and any applicable default penalties.

16.2 If you are an Authorized Dealer (as defined below) or are otherwise considered an Entrepreneur, you indemnify Plants Play for, and agree to honor, each of the following:

 

 

16.3 If you are an Entrepreneur and you decide to exercise your right to retention of title pursuant to this section 6, you are authorized to resell the goods in the ordinary course of business. In doing so, you thereby transfer all claims which might accrue against the third party purchaser to us, which transfer we expressly accepted. You shall remain primarily liable to us for your transfer to a subsequent Entrepreneur. Following said transfer, you are authorized to collect the debt. We reserve the right to collect the debt ourselves from you directly from the third party Entrepreneur.

 

Battery Precautions

WEEE Directive 2012/19/EU

This device contains a non-user replaceable lithium-ion battery that should last the lifetime of the device. The full charge capacity of the battery decreases over time. Don’t try to take apart or fix your Plants Play as it may damage the battery and cause injury, as well as void your warranty.

If your battery is dead, first try charging it.

If the battery is draining too quickly or does not hold a charge, and requires a replacement, please contact support@plantsplay.com.

If the battery is at the end of its operational lifetime, the supplied rechargeable battery can be recycled. Please dispose of the product by taking it to your local collection point or recycling center for such equipment.

 

Caution: The battery used in this device may present a risk of fire, explosion, or chemical burn if mistreated. The batteries are not user-replaceable and risk explosion if replaced with an incorrect type.

In order to protect the environment, please dispose of defective products with their rechargeable batteries as special waste or return them to your specialist dealer.

 

In accordance with the following requirements:

WEEE Directive (2012/19/EU)

Please dispose of this product at the end of its operational lifetime by taking it to your local collection point or recycling center for such equipment.

 

Battery Directive (2013/56/EU)

The product’s built-in rechargeable batteries can be recycled. In order to protect the environment, please dispose of defective products with their rechargeable batteries as special waste or return them to your specialist dealer.

 

CE Conformity

R&TTE Directive (1999/5/EC)

EMC Directive (2004/108/EC)

Low Voltage Directive (2006/95/EC)

RoHS Directive (2011/65/EU)

 

Updated Text 05/06/19

 

Safety Information

Plants Play is only for use on Plants and Trees. Some wireless devices may affect performance of hearing aids or pacemakers. Please consult your doctor to determine if operation of the Plants Play may interference with your medical device.

If you have any questions or concerns about the safety of our products, feel free to contact our support team at: support@plantsplay.com