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Terms and Conditions of Use for Wholesale Portal

Effective Date: September 23, 2024

Welcome to the Wholesale Portal for Plant By Number LLC (a New Jersey Limited Liability Company).
These Terms and Conditions (“Terms”) govern your use of the wholesale portal (the “Portal”) provided by Plant By Number LLC (“we”, “us”, “our”). By registering for an account, accessing, and using the Portal, you (“User”, “Customer”) agree to comply with and be bound by these Terms.
Please read these Terms carefully before proceeding. If you do not agree to these Terms, you must discontinue your use of the Portal. Your continued use of the Portal constitutes your acceptance of these Terms.

1. Account Registration & Confidentiality

Account Creation
Users must register an account and accept these Terms prior to accessing the Portal. All information provided during registration must be accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your username and password, and any activities or actions that occur under your account.
Failure to maintain accurate account information may result in the suspension or termination of your account. We reserve the right to deny any registration request for any reason.
Privacy of Information
All information collected during account registration is used solely for internal purposes, such as processing orders and managing customer relationships. We will not sell or share any personal information with third parties without your explicit consent unless required by law or necessary to fulfill an order. By using the Portal, you consent to the collection and use of information in accordance with our Privacy Policy.

2. Payment Terms
Payment Upon Purchase
All payments for products or services through the Portal are due at the time of purchase. We accept various forms of payment, and the available methods will be displayed at checkout. At this time, Plant By Number LLC does not offer net payment terms for wholesale accounts unless otherwise agreed upon in writing.
For any questions regarding payment methods or alternative terms, please contact us at info@pbndesign.com. Failure to pay promptly may result in order delays or the cancellation of your order.

3. Orders, Shipping & Delivery
Order Processing
Orders are processed in the order they are received. The details of shipping, including estimated delivery times, will be provided on the respective product pages. Please ensure all shipping information is correct at the time of order, as Plant By Number LLC is not responsible for delays caused by incorrect shipping addresses or incomplete information.
Shipping & Risk of Loss
Upon shipment, the risk of loss and title for items you purchase passes to you when the products are delivered to the carrier. Plant By Number LLC is not responsible for any shipping delays, lost items, or issues that arise after the product has been shipped.
If you require expedited shipping or special delivery terms, please contact us before placing your order to confirm availability and pricing.

4. Cancellations, Returns, & Special Orders
Order Cancellation Policy
Orders may be canceled up until the ship date. Any costs incurred for preparing your order, such as packing, labor, or other preparatory services, will be deducted from the refunded amount. Once the product has shipped, cancellations will no longer be accepted.
No Returns Policy
Wholesale orders are final and cannot be returned unless there is a defect or damage as outlined in Section 6. We do not accept returns for change of mind, overstock, or unused products.
Special Orders
Special order products cannot be canceled after the order is placed. This includes custom designs, products made to order, or items specifically tailored for your business. By placing a special order, you acknowledge and agree to these conditions.

5. Intellectual Property & Use of Designs
Ownership of Designs
All designs, renderings, layouts, trademarks, and other materials provided through the Portal are the exclusive intellectual property of Plant By Number LLC, a New Jersey Limited Liability Company. You are granted a limited, non-exclusive license to use the designs only upon the purchase of the corresponding products. Unauthorized use of our designs, layouts, or intellectual property is strictly prohibited.
Trademark Use
The Plant By Number™ trademark and related logos are the property of Plant By Number LLC and may only be used with prior written permission. Users may use our trademark for promotional purposes only to advertise products purchased from Plant By Number.
Limited License for Purchasers
The incorporation of designs into your projects does not transfer ownership of the intellectual property to you. Users agree that they will not copy, alter, resell, or otherwise distribute the designs without prior consent from Plant By Number LLC.

6. Product Defects, Damage, & Limitations of Liability
Defective or Damaged Products
If your product arrives damaged or defective, you must notify Plant By Number LLC at info@pbndesign.com within 1 business day of receiving the product. You must include photographic evidence, a description of the damage, and the shipment tracking number. Failure to report damage within the specified time frame will result in the forfeiture of your right to claim a refund or replacement.
We will assess claims on a case-by-case basis. If it is determined that the product was damaged during shipping, we will work with you to provide a replacement or a refund, as appropriate. If the product is moved from the original delivery location, Plant By Number LLC is not responsible for any damage that may occur in transit.
No Liability for Inaccuracies
We strive to ensure that all designs and representations are accurate; however, we make no guarantees or warranties regarding the precision or completeness of any product details. Customers use our designs with the understanding that minor deviations or variations may occur, and Plant By Number LLC is not liable for any inaccuracies.

7. Governing Law & Jurisdiction
These Terms and Conditions, as well as any disputes arising from your use of the Portal, shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law provisions.
For users outside of New Jersey, you are responsible for complying with any local laws that may apply to your use of the Portal or products purchased. Plant By Number LLC is not responsible for ensuring compliance with the laws of any jurisdiction outside of New Jersey.

8. Termination of Access & Misuse
Plant By Number LLC reserves the right to terminate or suspend access to the Portal at its sole discretion, particularly in cases where we determine that designs, displays, or other proprietary information have been misused. Unauthorized use of our materials or intellectual property may result in legal action, order cancellations, or other remedies.
In the event of termination:

• Ongoing orders will be canceled.
• Refunds for unshipped products will be issued, subject to cancellation and restocking fees.
• Additional fees for misuse, including legal fees, may be charged.

9. Indemnification
You agree to indemnify, defend, and hold harmless Plant By Number LLC, its affiliates, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Portal, your breach of these Terms, or your violation of any law or the rights of a third party.
This indemnification obligation shall survive the termination of these Terms and your use of the Portal.

10. Disclaimer of Warranties
All products, services, and information provided through the Portal are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Plant By Number LLC disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Portal will be available at all times or that it will be free from errors, interruptions, or unauthorized access.

11. Amendments
Plant By Number LLC reserves the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting to the Portal. It is the responsibility of users to review these Terms regularly to stay informed of any changes.
By accessing and using the Portal, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. For any questions or concerns regarding these Terms, please contact info@pbndesign.com.