TERMS OF USE AGREEMENT

Last updated: September, 6th 2023.

Welcome to Succublast, an online e-commerce website specializing in the sale of variegated succulents, korean succulents and other rare succulents in the European Union. These terms of use govern your use of our website and the services we offer. By accessing or using our website, you agree to be bound by these terms of use.

This website is operated by legally by Oana Adela Gurzau PFA. Throughout the site, the terms ‘we,’ ‘us,’ and ‘our’ refer to Succublast/Oana Adela Gurzau PFA. Succublast offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Overview

When you visit our site and/or make a purchase from us, you are engaging with our ‘Service’ and are bound by the following terms and conditions (‘Terms of Service’ or ‘Terms’), which include any additional terms, conditions, and policies referenced here or linked to. These Terms of Service apply to all site users, including but not limited to, browsers, vendors, customers, merchants, and content contributors.

We kindly ask that you carefully read these Terms of Service before using or accessing our website. Your use of any part of the site signifies your agreement to abide by these Terms of Service. If you do not consent to all the terms and conditions outlined in this agreement, please refrain from accessing the website or using our services. If these Terms of Service are deemed an offer, acceptance is explicitly limited to these Terms of Service.

Additionally, any new features or tools introduced in our current store will also fall under these Terms of Service. You can always review the most up-to-date version of these Terms of Service on this page. We reserve the right to update, modify, or replace any portion of these Terms of Service by posting updates or changes on our website. It is your responsibility to periodically check this page for any updates. Your continued use of or access to the website following the posting of any changes implies your acceptance of those changes.

SECTION 1 – Acceptable Use

By using our website and agreeing to these Terms of Service, you affirm that you are of legal age in your country of residence, or that you have the legal authority in your country to provide consent for any of your minor dependents to use this site.

You may not employ our products for any illegal or unauthorized purposes. In the use of our Service, you must adhere to all applicable laws within your country, including but not limited to copyright laws.

Additionally, you are strictly prohibited from transmitting any worms, viruses, or any code of a destructive nature through the website.

Please be aware that any breach or violation of these Terms of Service may result in the immediate termination of your access to our services.

SECTION 2 – General Terms

1. You must be 18 years or older to use our website or purchase products from us.
2. You agree to provide accurate and complete information when placing an order.
3. We reserve the right to cancel orders or refuse service at our discretion.
4. We reserve the right to modify or discontinue our website and services at any time without notice.
5. We are not responsible for any damages or losses that may result from the use of our website or services.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, including any contact information on the website through which the service is provided, without obtaining our express written permission.

The headings used in this agreement are provided for convenience and do not impose any limitations or otherwise alter these Terms.

SECTION 3 – Accuracy, completeness, and timeliness of information

While we strive to provide accurate and up-to-date information on this site, we want to make you aware that there may be instances where the names of succulent plants are subject to variation and hybridization. As a result, we cannot guarantee that all plant names provided on this site are entirely accurate, complete, or in line with the latest botanical classifications.

The material presented on this site is intended for general informational purposes only. We strongly recommend that you use our content as a supplementary resource and consult primary, more accurate, complete, or more timely sources of information, especially when making important decisions related to succulent plant identification or care.

Your reliance on the material and plant names on this site is at your own discretion and risk. We do our best to offer valuable insights and guidance but encourage you to exercise caution and seek additional information as needed.

SECTION 4 – Modification to the service and prices

Prices for our products may change without prior notice. Please note that we do not offer price matching for our items against sale items from other businesses. We retain the right to make modifications or discontinue the Service, or any part thereof, at any time without notice.

We are not liable to you or any third party for any alterations, price adjustments, suspension, or discontinuation of the Service.

SECTION 5 – Products and Services

Specific products, namely our succulents, may only be accessible online through our website. These succulents have limited quantities and are eligible for return or exchange in accordance with our Return Policy.

We have made every effort to present our succulents as accurately as possible, showcasing their colors and appearance through multiple photographs from various angles. However, please be aware that the precise representation of colors may vary depending on your computer monitor’s display.

We retain the right, although we are not obliged, to restrict the sale of our succulents or Services to particular individuals, geographic regions, or jurisdictions. This decision may be made on a case-by-case basis. Additionally, we have the authority to limit the quantities of any succulents or services offered. All descriptions of succulents or pricing are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any succulent at any time. Any offer for a succulent or service made on this site is considered void where prohibited.

While we make every effort to ensure the quality of our succulents and services, we cannot guarantee that they will meet your specific expectations. Furthermore, we do not warrant that any errors in the Service will be corrected.

SECTION 6 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – User content, feedback, reviews and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – Personal information

Your submission of personal information through the store is subject to our Privacy Policy. You can access our Privacy Policy here.

SECTION 11 – Errors, inaccuracies, and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – Disclaimer of warranties; limitation of liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Please note that our succulents are for decorative and ornamental purposes only. They are not intended for consumption, ingestion, or for use on the skin in any way, shape, or form.

You acknowledge and agree that, on occasion, we may temporarily remove the service for indefinite periods or cancel the service at any time without prior notice. You expressly acknowledge that your use of, or inability to use, the service is at your sole risk.

Our service, along with all products and services delivered to you through the service, is provided ‘as is’ and ‘as available,’ without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Succublast, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. These damages may arise from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Our liability for any damages or losses resulting from the use of our website or services is limited to the amount paid for the products purchased.

We are not responsible for any damages or losses resulting from the use of our website or services caused by factors beyond our control.

Please be aware that some regions or jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – Indemnification

You agree to indemnify, defend and hold harmless Succublast and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – Returns and refunds

The rules regarding returns of living plants are governed by the European Union’s Consumer Rights Directive, which has been transposed into national law. Living plants are one of the exceptions from accepted returns, as they are considered products that are likely to deteriorate rapidly during another shipping. Due to this, we do not accept returns. We take great care in packaging your succulents to ensure that they arrive in excellent condition and they don’t move within the box so no bruises happen. Customer has the right to request a return or refund under the following conditions:

• you received the wrong plant
• the plant arrived dead or with issues that affects its life irrevocably (eg. fungus or total damage due to transit)
• the succulents have insects (eg. mealies)

In such cases, the consumer has the right to a refund or replacement, but they must notify the seller  by emailing support@succublast.com within a reasonable time of 72hrs after receiving the package and provide evidence of the damage or fault. After the expiration of the 72-hour period, we regret to inform you that we will not be able to provide refunds. It is important to promptly contact us within the specified timeframe if you wish to apply for a refund. We kindly ask customers to thoroughly inspect their order upon receipt and promptly notify us of any concerns or issues. Detailed information can be seen on our Return Policy page.

SECTION 20 – Ordering and Payment

1. All prices on our website are listed in euros (EUR) and include VAT.
2. Payment is due at the time of checkout. If the payment is not confirmed in the next 60 minutes, your order will automatically be canceled and the products will become available on the website again for anyone to buy.
3. We accept major credit cards as forms of payment.
4. We take great pride in providing accurate and up-to-date pictures of the plants we offer for sale. The pictures you see on our website are of the exact plant you will receive when you place an order with us. However, we do want to remind our customers that plants are living things, and as such, they are subject to change over time. For example, your succulent may grow new leaves, slightly change color, or even dry up some leaves while sprouting new roots. This is a natural part of the growth process, and it does not mean that there is anything wrong with your succulent. In fact, it is a sign that your succulent is healthy and thriving! Therefore, we kindly ask that you pay attention to the date on which the picture was taken when making your purchase. This will give you an idea of what your plant will look like at the time of purchase, but also allow you to appreciate the natural changes and growth your plant will undergo over time. If you have any further questions or would like new up to date pictures, please do not hesitate to reach out in the chat on the bottom right.
5. We reserve the right to change our prices at any time without notice.

SECTION 21 – Order confirmation

As soon as you place your order, you will receive an order confirmation e-mail.  This means that we have received your order in our system and pre-authorized your credit card for the purchase.

SECTION 22 – Shipping and Delivery

1. We ship only within the European Union from Romania.
2. We will ship your order within 1-2 business days of receiving payment.
3. All shipping costs are based on a flat rate depending on the country we are shipping to and the rates can be seen on our “Shipping & Returns” page
4. We are not responsible for delays due to the carrier you’ve chosen (no matter if it’s standard or express shipping). In case the shipment is taking longer than the estimate on our website, please message us so we can contact the delivery company and try to speed up the process.
5. If plant damages arises caused by the shipping carrier, please contact us in maximum 48hrs from receiving the package with clear photos of the damaged box, damaged succulents and a detailed explanation on what happened. A refund will be issued for the damaged plants only, not for the shipping costs. By damages we mean clear photos of hit/damaged succulents, not a few  fallen leaves due to shipment maneuver.
   Unless you are able to provide clear photos of the damaged box (where your awb/tracking info can be seen so the package can be identified), and clear photos of your damaged succulents, we reserve the right to deny your refund request on no evidence basis. If 48 hours have passed since you received your order and you have not contacted us to request a refund, regrettably, we cannot offer a refund.
6. Shipping time estimation in our “Shipping & Returns” page refer to business days, not calendar days. Different countries have different holidays and these days do not count because many times the courier services are not working on Holidays. In case your package did not arrive in the specified time frame and after proper investigation it is marked stolen or lost while in the hands of the shipping carrier, we will issue a full refund (plants + shipping).
7.  We do not ship to PO boxes.
8. We are NOT responsible for any damages or death of the plants if you still choose to purchase and to ship during winter months. By proceeding with your purchase and choosing to have your order shipped during winter, you acknowledge and accept the potential risks involved. We will continue to pack your order with the utmost care using insulated materials, but it is ultimately your responsibility to make an informed decision based on weather conditions and select appropriate shipping options.

SECTION 23 – Customer Selection

We reserve the right to selectively choose our clientele based on our business policies. While we strive to serve all customers, we may decline or cancel orders at our discretion. Factors influencing our selection process may include but are not limited to stock availability, capacity constraints, order history, payment verification, and compliance with applicable laws and regulations. Our decision to accept or decline a customer or order is final

SECTION 24 – Intellectual Property

All content on the Succublast website, including but not limited to text, graphics, logos, images, and software, is the property of Succublast and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or display any content from the website without Succublast’s express written consent.

SECTION 26 – Governing Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with the laws of the European Union. Any legal action arising out of or in connection with your use of our site or the products you purchase from us shall be brought in the courts of the European Union.