Terms and Conditions

Last updated: 20 October 2026

Warranty

Where a product refers to a guarantee, commitment, product performance or warranty (statements); all such statements are subject to the terms and conditions as outlined below.

Unless explicitly stated items are not covered by a guarantee for outdoor use, commercial areas, storms, human interference, animal interference or any other factor that would reduce the life-span of such products, or the performance of such items.

All transactions with Designer Vertical Gardens USA (we) are subject to the following:

We will not be liable for any incidental, consequential, punitive, special, indirect damaged or lost profits. This limitation shall apply even if we have been notified of such damages. We will not be liable for (but not limited to): installation costs, delivery costs, clean up costs, liability associated with the use of the product, or any other such costs. We limited our liability to the repair, or replacement of such items. We make no other guarantee as to the suitability of the goods, or services other then of explicitly stated in these terms and conditions.

We specifically disclaim and exclude any implied warranties, or merchantability or fitness for a particular purpose as are any other warranties recognized by law.

We do not make any representation that any of our products or services, whether sold directly or subcontracted are fit for purpose for any space, use, or purpose. This includes for uses such as those needing to meet; building, construction, public safety, environmental, fire or any other similar regulations, rules or laws.

You warrant you will be responsible for ensuring any inquiries or compliance. 

Governing Law

Governing law and the resolution of disputes are set out in Section 16 (Governing Law) and Section 16A (Dispute Resolution) of the Website terms and conditions below.

Refunds / Returns / Chargebacks

Returns & Refunds

At Designer Vertical Gardens, we want you to be happy with your purchase. If something has gone wrong with your order, we'll work with you to resolve it quickly and fairly.

Returns We Accept

We will gladly provide a replacement, or store credit where:

• Your order arrives damaged during transit.

• You receive the incorrect product.

• The item is faulty or defective.

• The product is materially different from what was described or advertised.

If this occurs, please contact us as soon as possible with your order number and photographs (where applicable) so we can arrange a prompt resolution.

Returns We Do Not Accept

Due to the size, bulk and freight costs associated with many of our products, we are unable to accept returns where:

• You have changed your mind.

• You no longer like or want the product.

• You decide to purchase a different product after ordering.

• You ordered too many items.

• You selected the wrong item, colour or size.

• You made an ordering mistake after your order has been dispatched.

We strongly encourage customers to carefully review their order and contact us with any questions before purchasing. Our team is always happy to help ensure you order the correct products.

Order Changes Before Dispatch

If you realise you have ordered the wrong item or made a mistake, please contact us immediately.

Where your order has not yet been processed or dispatched, we will do our best to amend or cancel your order. However, we cannot guarantee changes will be possible once an order has entered processing or dispatch.

Order Cancellations

Should you wish to cancel your order, a cancellation fee of $25 or 25% of the order value (whichever is greater) will apply.

This fee partially covers payment processing charges, warehouse handling, administration, freight commitments and restocking costs already incurred.

Cancellation fees apply once an order has been placed.

Approved Returns

Where Designer Vertical Gardens agrees to accept a return, the following conditions apply:

• Returns must be authorised by us before being sent.

• Returns must be arranged within 30 days of the original order date.

• Returned items must be sent to our Miami warehouse.

• The original outbound shipping cost paid by Designer Vertical Gardens will be deducted from the refund. (This amount will be more than what you paid, in particular where free shipping was offered).

• A 10% restocking fee will also apply unless otherwise agreed. (no restocking where the order error is from our actions, i.e. sending the wrong thing.

Please email us to request return authorisation before sending any goods.

Payment Obligations

You agree that you remain liable for payment of all goods and services ordered irrespective of any chargeback, payment dispute or reversal.

If payment is reversed for any reason, you remain responsible for:

• The full purchase price.

• Shipping costs (including outbound, return and depot freight where applicable).

• Storage charges.

• Recovery costs.

• Legal fees and any other costs legally recoverable.

The return of goods does not remove your obligation to pay amounts owing under these Terms.

Chargebacks & Fraudulent Transactions

Unfounded chargebacks and payment disputes. If you make a chargeback or payment dispute that is unfounded, wrongful or made in bad faith (for example, where the goods were delivered as described, or the dispute is decided or reversed in our favor), then, to the extent permitted by applicable law, you agree to pay: (a) the amount reversed; (b) our chargeback administration fee of $100; (c) fees charged to us by our payment processor or card network for the dispute; (d) reasonable debt-collection agency fees and costs; and (e) reasonable attorneys’ fees and legal costs incurred in recovering these amounts. To the extent permitted by law and the rules of your card issuer or payment provider, you authorize us to charge these amounts to the original payment method used for the order, or to invoice you for them. Overdue amounts accrue interest from the due date until paid at the lesser of 1.5% per month or the maximum rate permitted by law. Collection of undisputed amounts and small-claims actions may proceed outside arbitration as set out in Section 16A.4. Nothing in this section limits your right to dispute a charge in good faith under applicable law or your card issuer’s rules.

Goods returned following a payment reversal may also incur storage charges until all outstanding amounts have been paid.

Where fraudulent activity is suspected, or where required by law or legal process, Designer Vertical Gardens may disclose information provided during the ordering process to relevant authorities or other parties as legally permitted or required.

Refund Processing

Where Designer Vertical Gardens agrees to provide a refund or store credit, it will be processed less any applicable merchant card processing fees unless otherwise stated or where prohibited by law.

UV Warranty

Where we have stated that an item is suitable for UV exposure, unless stated otherwise such guarantee shall apply for 6 months only.

All products will be subject to degradation if exposed to ultra-violet light, or weather. Where a period of 5 years has been indicated the warranty covers excessive color discolorations in the following way:

• We reserve the right to request the items are returned to us for assessment, with such freight being borne by you. We shall retain the right to determine if excessive colour fade has occurred.
• Should excessive discolouration occur within the first 6 months the product will be replaced in full.
• Should excessive discolouration occur within 6-12 months we will cover 80% of the RRP in replacing the goods – you will cover the shipping and balance.
• Should excessive discolouration occur within 12-24 months we will cover 50% of the RRP in replacing the goods – you will cover the shipping and balance.
• Should excessive discolouration occur within 24-30 months we will cover 30% of the RRP in replacing the goods – you will cover the shipping and balance.
• Should excessive discolouration occur within 31–39 months we will cover 20% of the RRP in replacing the goods – you will cover the shipping and balance.
• Should excessive discolouration occur within 40 – 60 months we will cover 10% of the RRP in replacing the goods – you will cover the shipping and balance.
• Should excessive discolouration occur within 6-12 months we will cover 80% of the RRP in replacing the goods – you will cover the shipping and balance.
• The warranty is between us and you (no one else). If the item is sold, transferred, hired or installed and then removed and installed again the warranty will not apply.

Should you refuse to make the payment for state sales taxes, the balance of the item or freight we reserve the right to end the warranty and take no further action and you relieve us of all further action or threats of action.

You must make the claim within 7 days of becoming aware of the issue, and the item is not to be returned without us authorizing such return.

Website terms and conditions

OVERVIEW

This website (designerverticalgardens.com) is operated by Designer Plants USA, a Wyoming corporation, 30 N Gould St, Sheridan, WY 82801, USA. Designer Vertical Gardens is a trading name/brand operated by Designer Plants USA. Throughout the site, the terms “we”, ”us”, “Designer Vertical Gardens” and “Designer Vertical Gardens USA” refer to Designer Plants USA.

By visiting our site and/ or purchasing something from us you agree to the following terms and conditions.

Please read these Terms & Conditions carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. Should you not agree to be bound as such; immediately exit the site and do not proceed any further.

Any new additions we introduce whether online or offline are bound by the same terms & conditions.

SECTION 1 – ONLINE STORE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any harmful technology/s

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and is managed by a 3rd party secure provider.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We invite you to contact us should you require further information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – UPDATES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You agree to provide us with correct billing and delivery information and to do all that is required to accept delivery of such items without us incurring further costs, i.e. redirection costs.

SECTION 6 – 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 7 – THIRD-PARTY

Certain content, products and services available via our Service may include materials from third-parties. Such 3’rd parties are access entirely at your own risk.

We may recommend 3rd parties to engage with during the purchase or use of such products we do not assert or claim that those 3rd parties are suitable – you need to make your inquiries to ascertain this.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy explains how we and our service providers collect, use and share information, including through cookies, pixels, session analytics and chat, and how to opt out of the sale or sharing of personal information and targeted advertising at Your Privacy Choices.

SECTION 8A – CONSENT TO MONITORING AND RECORDING

By accessing or using the website, you consent to us, and service providers acting for us (including session-recording, analytics and chat providers), monitoring, recording, collecting, storing and analyzing your interactions with the website and your communications with us. This may include pages and products viewed, clicks, taps, scrolling, mouse and cursor movements, time on page, search terms, items added to cart, form entries you submit, referring pages, device, browser and network information (including IP address and approximate location), and the content of chat, messaging, email and form communications with us. This may include session recording by session-analytics tools (with sensitive and payment fields masked) and recording of chat and messaging conversations.

We do this for analytics and website improvement, security, fraud prevention and debugging, advertising measurement, and customer service (including quality and training, keeping a record of what was agreed, and following up on enquiries).

Chat and messaging. If you use our chat or messaging tools, you consent to those conversations being recorded, stored and reviewed by us and by our chat service provider, and used as described in our Privacy Policy. Do not share payment card details, passwords or sensitive personal information in chat.

The service providers involved, and how to opt out of targeted advertising, are described in our Privacy Policy. Payment card details entered at checkout are handled by our payment processors. If you do not consent to this monitoring and recording, please do not use the website or our chat tools; you can contact us by email at sales@designerverticalgardens.com instead.

SECTION 9 – 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 10 – 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 11 – 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.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Designer Vertical Gardens USA (we), 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, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any 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, including, but not limited to, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, 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 13 – 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 14 – 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 15 – 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 16 – GOVERNING LAW

These Terms and transactions with Designer Plants USA are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules, and Section 16A is governed by the Federal Arbitration Act. This choice of law does not deprive you of the protection of any law of the state where you live that cannot be waived or limited by agreement.

For any dispute that is not subject to arbitration under Section 16A (including if you opt out of arbitration), you and Designer Plants USA agree to the jurisdiction of the state and federal courts located in Sheridan County, Wyoming, except that if you are a consumer you may bring or defend the case in the courts for the county where you live if the law of your state gives you that right. Either party may bring a claim in small-claims court where it qualifies.

SECTION 16A – DISPUTE RESOLUTION: ARBITRATION, CLASS-ACTION WAIVER AND JURY WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16A.1 Scope. This Section 16A applies to any dispute, claim or controversy between you and Designer Plants USA (including its affiliates, employees and agents) arising out of or relating in any way to the website, these Terms, our Privacy Policy, any product or order, any communication with us (including chat), or the collection, use, recording or sharing of information through the website, whether based on contract, statute (including privacy, wiretap and consumer-protection statutes), tort or any other legal theory, and whether it arose before or after you agreed to these Terms (a “Dispute”). It does not apply to a Dispute already filed in court or arbitration before you first agreed to a version of these Terms containing this Section 16A.

16A.2 Informal resolution first. Before starting arbitration or a small-claims case, the party bringing the Dispute must send the other a written Notice of Dispute. Notices to us must be emailed to sales@designerverticalgardens.com (subject “Notice of Dispute”) and mailed to Designer Plants USA, Attn: Legal, 30 N Gould St, Sheridan, WY 82801, USA. The Notice must include your name, address, email and phone number, any order number, a description of the Dispute, the relief requested, and your personal signature (and your lawyer’s signature if you are represented). We will send any Notice to you at the contact details we have for you. For 60 days after the Notice is received, the parties will try in good faith to resolve the Dispute informally, including, on request, by an individual telephone or video conference. Limitation periods are tolled during this period. A court may enforce this Section 16A.2.

16A.3 Binding individual arbitration. If the Dispute is not resolved within 60 days, either party may start arbitration. Except as provided in Sections 16A.4 and 16A.6, you and we agree that all Disputes will be resolved exclusively by final and binding arbitration on an individual basis, not in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules) then in effect, as modified by this Section 16A. The rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on another provider or a court will appoint one.

16A.4 Exceptions: small claims and collections. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there on an individual basis; (b) seek an injunction in court to stop infringement or misuse of intellectual property; and (c) bring a claim for public injunctive relief as described in Section 16A.10. In addition, we may bring an action (including through a collection agency) to collect amounts you owe that you have not disputed in good faith under Section 16A.2, including amounts described in the Chargebacks & Fraudulent Transactions section above, in small-claims court or another court with jurisdiction. If you dispute those amounts in good faith, the dispute is resolved under this Section 16A.

16A.5 Procedure and costs. The arbitrator may award any individual relief a court could award to an individual under applicable law and must follow these Terms and the law. The arbitration will be conducted by video conference, telephone or written submissions unless the arbitrator decides an in-person hearing is needed, in which case it will take place in the county where you live or another agreed location. Filing, administration and arbitrator fees are governed by the AAA consumer fee schedule; if you are a consumer, we will pay all such fees beyond the filing fee you would pay to start a case in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Each party pays its own attorneys’ fees and costs unless applicable law, the Chargebacks & Fraudulent Transactions section above or the arbitrator’s award provides otherwise. The award is final and binding, will include a short written explanation, and may be entered as a judgment in any court with jurisdiction.

16A.6 30-day right to opt out. You may opt out of arbitration by emailing sales@designerverticalgardens.com with the subject “Arbitration Opt-Out” (or by mail to the address in Section 16A.2) within 30 days after you first access the website or place an order after this Section 16A is first posted. Include your name, mailing address, the email address you use with us, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in court under Section 16, and the class-action and jury waivers in Section 16A.7 still apply to the extent permitted by law.

16A.7 CLASS-ACTION AND JURY-TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS PROVIDED IN SECTION 16A.8) OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16A.8 Mass arbitration. If 25 or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”): (a) the informal process in Section 16A.2 must be completed for each claimant; (b) the AAA Mass Arbitration Supplementary Rules apply where applicable; (c) the claims will be resolved in batches of up to 50 claimants (the first batch selected half by each side), one arbitrator per batch, with remaining claims held in abeyance (and no fees owed for them) until each batch is decided; (d) the parties will consider global mediation in good faith after the first batch; and (e) limitation periods are tolled for held claims from the date the Notice of Dispute was sent. A court may enforce this Section 16A.8. If it is found unenforceable for a Mass Filing, the affected claims proceed under the provider’s mass-filing rules.

16A.9 Who decides. The arbitrator decides all issues relating to the Dispute, including the scope, validity and enforceability of this Section 16A, except that a court decides (a) whether Sections 16A.2, 16A.7, 16A.8 or 16A.10 are valid, enforceable or breached, and (b) whether a Mass Filing exists.

16A.10 Public injunctive relief. If a claim seeks public injunctive relief and a court decides that such relief cannot be waived or arbitrated under applicable law, that claim will be decided by a court under Section 16 after all individual claims have been arbitrated, and the court case will be stayed until then.

16A.11 Severability. If any part of this Section 16A is found unenforceable, the rest still applies, except that if the class-action waiver in Section 16A.7 is found unenforceable for a particular claim or request for relief, that claim or relief (and only that) will be severed, decided in court under Section 16, and stayed pending arbitration of the individual claims. In no case will a class, collective or representative arbitration proceed.

16A.12 Changes; survival. If we make a material change to this Section 16A, we will post it at least 30 days before it takes effect; it will not apply to a Dispute already notified, and you may reject it by emailing us within 30 days, in which case the version you last accepted continues to apply. This Section 16A is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives termination of these Terms and completion of any order.

SECTION 17 – CHANGES TO TERMS OF SERVICE

Changes may occur without notice & will be posted online.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@designerverticalgardens.com.

Designer Plants USA (trading as Designer Vertical Gardens), 30 N Gould St, Sheridan, WY 82801, USA.