Terms of service

Last Updated: April 22, 2025

Welcome to House Plant Wholesale. These terms and conditions outline the rules and regulations for the use of our website and services. By accessing or using our site, you agree to be bound by these terms. If you disagree with any part of these terms, please do not use our website.

1. WEBSITE ACCESSIBILITY

House Plant Wholesale is committed to providing a website that is accessible to the widest possible audience, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and Web Content Accessibility Guidelines (WCAG) 2.2 Level AA standards.

1.1 Accessibility Features and Compliance

Our website implements the following accessibility features:

Keyboard navigation for users who cannot use a mouse
Alternative text for images
Proper color contrast meeting WCAG 2.2 AA standards
Resizable text without loss of functionality
Consistent navigation and predictable structure
Properly labeled forms and error identification
Compatible with screen readers and other assistive technologies

1.2 Accessibility Feedback Process

If you encounter any barriers while using our website, please notify us at info@houseplantwholesale.com . We commit to addressing reported accessibility issues within 30 days of notification.

1.3 Reasonable Accommodations

We provide reasonable accommodations for individuals with disabilities. If you require assistance accessing our website or services, contact us at info@houseplantwholesale.com. We will respond within 2 business days and provide requested information through alternative accessible methods.

1.4 Accessibility Policy

For more details on our accessibility practices, please refer to our comprehensive Accessibility Policy.

2. PRIVACY POLICY

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, share, and protect your personal information in accordance with applicable privacy laws including the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), and General Data Protection Regulation (GDPR). By using our site, you consent to the data practices described in our Privacy Policy.

2.1 Data Subject Rights

Depending on your jurisdiction, you may have specific rights regarding your personal data, including:

Right to know what personal information is collected
Right to access your personal information
Right to request deletion of your personal information
Right to opt-out of the sale or sharing of personal information
Right to non-discrimination for exercising these rights
Right to correct inaccurate personal information
Right to limit use of sensitive personal information

To exercise these rights, please contact us at info@houseplantwholesale.com .

3. PCI DSS COMPLIANCE AND PAYMENT SECURITY

We adhere to Payment Card Industry Data Security Standard (PCI DSS) version 4.0 requirements. All payment transactions are processed through secure, PCI-DSS compliant payment gateways utilizing industry-standard encryption technology. We do not store or process credit card information on our servers.

4. ORDERS AND PAYMENTS

4.1 Order Placement

By placing an order, you warrant that:

You are legally capable of entering into binding contracts
You are at least 18 years of age
The information you provide is current, complete, and accurate

4.2 Order Acceptance

We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases where:

The product is unavailable
We identify errors in pricing or product descriptions
We suspect fraudulent activity
We cannot verify your payment information

4.3 Pricing and Payment

All prices are displayed in US dollars unless otherwise specified. Prices are subject to change without notice. Sales tax will be applied according to applicable laws based on your shipping address.

5. SHIPPING & RISK OF LOSS

5.1 Shipment Contract

All purchases made through House Plant Wholesale are made pursuant to a shipment contract. This means that the risk of loss and title for items pass to you upon our delivery to the carrier.

5.2 Delivery Timeframes

Estimated delivery times are provided but not guaranteed. We are not liable for delays caused by:

Shipping carriers
Customs clearance
Weather events or natural disasters
Supply chain disruptions
Public health emergencies
Other circumstances beyond our reasonable control

5.3 Package Tracking

We provide tracking information when available. It is your responsibility to monitor your package and report any issues within 5 business days of expected delivery.

6. RETURNS AND REFUNDS

Please refer to our full Refund Policy for detailed information on eligibility, procedures, and timelines. Generally:

Products must be returned within 30 days of receipt
Items must be unused and in original packaging
Certain plants and perishable items may not be eligible for return
Return shipping costs are the responsibility of the customer unless the return is due to our error

7. PRODUCT DESCRIPTIONS

We strive to ensure product descriptions, images, and information are accurate. However, we do not warrant that product descriptions or other content are error-free, complete, reliable, current, or free from technical inaccuracies or typographical errors. Actual plants may vary in appearance due to natural variation.

8. INTELLECTUAL PROPERTY

8.1 Ownership

All content on this website including text, graphics, logos, images, audio clips, digital downloads, and software is the property of House Plant Wholesale or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and make personal use of this website. You may not:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website
Use any meta tags or hidden text utilizing our name or trademarks
Frame or utilize framing techniques to enclose our website or content
Modify or create derivative works based on website content

9. USER CONTENT

9.1 Submitted Content

By submitting reviews, comments, feedback, or other content to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide.

9.2 Content Restrictions

You agree not to submit content that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
Infringes on intellectual property rights of others
Contains software viruses or any computer code designed to disrupt website functionality
Constitutes unsolicited commercial communications or "spam"

10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, House Plant Wholesale and its officers, directors, employees, agents, suppliers, and affiliates shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, use, goodwill, or other intangible losses
Damages relating to your access to or inability to access our services
Damages relating to any conduct of any third party on the website

Our total liability for all claims related to these Terms shall not exceed the greater of $100 or the amount you paid to House Plant Wholesale in the past six months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages, so these limitations may not apply to you.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless House Plant Wholesale and its officers, directors, employees, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from:

Your violation of these Terms
Your user content
Your use of the website
Your violation of any third party's rights

12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to its conflict of law provisions. Your use of the website may also be subject to other local, state, national, or international laws.

13. DISPUTE RESOLUTION

13.1 Mandatory Arbitration

Any dispute or claim relating in any way to your use of the site or to products sold or distributed by House Plant Wholesale will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

13.2 Accessibility Disputes

For disputes specifically related to website accessibility:

You agree to notify us in writing of the specific accessibility issues before initiating any legal action
We shall have 60 days from receipt of such notice to remediate the identified issues
If resolution is not achieved within this timeframe, parties agree to participate in mediation before a mutually agreed-upon mediator prior to arbitration

13.3 Class Action Waiver

You and House Plant Wholesale agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

13.4 Venue for Arbitration

Unless you and House Plant Wholesale agree otherwise, arbitration will be conducted in [YOUR CITY, STATE]. Any award will be final and binding.

14. CONSUMER RIGHTS NOTICES

14.1 California Consumers

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice:

The name of the provider of this service is House Plant Wholesale. Contact information: info@houseplantwholesale.com The charges for services and products vary according to the items purchased.

For complaints or further information, contact: The Complaint Assistance Unit of the Division of Consumer Services Department of Consumer Affairs 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 Phone: (800) 952-5210

14.2 EU Consumers

If you are a consumer in the European Union, you may have additional rights under the EU Consumer Rights Directive, including:

Right to withdraw from purchases within 14 days without giving any reason
Right to fair and transparent contract terms
Right to goods that conform with the description, are fit for purpose, and are of satisfactory quality

15. DIGITAL ACCESSIBILITY AND LEGAL DISCLAIMERS

15.1 Continuous Improvement

Our website is continuously evolving, and we are actively working to enhance its accessibility. Some portions may be in the process of accessibility updates.

15.2 Technical Limitations

Despite our best efforts, certain technical limitations or third-party components may impact full accessibility of all content.

15.3 Voluntary Compliance

Our accessibility efforts are undertaken voluntarily as part of our commitment to inclusive business practices and should not be construed as an admission of any legal obligation or liability.

16. DATA PROCESSING ADDENDUM

If you are a business customer using our services to process personal data subject to the GDPR, CPRA, or similar privacy laws, our Data Processing Addendum forms part of these Terms.

17. AGE RESTRICTIONS

You must be at least 18 years old to use this website. By using this website, you represent and warrant that you are at least 18 years old.

18. CHANGES TO TERMS

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our website following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically for updates.

19. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Accessibility Policy, Refund Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and House Plant Wholesale regarding the use of our website and services.

21. WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of House Plant Wholesale.

22. CONTACT US

If you have any questions about these Terms and Conditions, please contact us at:

House Plant Wholesale
389 E Olive St, San Marcos California 92069
Email: info@houseplantwholesale.com