1. Scope and Acceptance

The website-use provisions of these Terms apply when you access or use our website.

The transaction-related provisions apply when they are referenced in, attached to or incorporated into a quotation, proforma invoice, sales contract, order confirmation or other written transaction document.

A website inquiry, message or request for quotation does not by itself create a binding order.

Where a quotation, proforma invoice, sales contract or written order confirmation accepted by both parties contains terms that differ from these Terms, the accepted transaction document will prevail for that transaction.

2. Business Scope

ArkYun Plants primarily supplies plants and horticultural products to business customers, including importers, distributors, nurseries, commercial growers, retailers, landscapers and plant collectors purchasing for commercial purposes.

Our products may include:

• Tissue culture plants
• Rooted young plants and seedlings
• Nursery plants
• Tropical foliage plants
• Succulents and agaves
• Rare and collector plant varieties
• Custom propagation products
• Other horticultural products agreed in writing

Unless expressly agreed otherwise, our quotations and transactions are intended for business-to-business customers.

3. Website and Product Information

We take reasonable steps to keep the information on our website accurate, clear and up to date.

Product descriptions, specifications and general guidance are provided to help customers evaluate our products and services.

Because live plant availability, plant size, growth stage, prices, packaging requirements, lead times, freight conditions and import requirements may change, transaction-specific details will be confirmed in a current written quotation, proforma invoice, sales contract or order confirmation.

If website information conflicts with a written document accepted by both parties for a specific transaction, the accepted transaction document will prevail for that transaction.

We may update website content or correct typographical, technical or factual errors. Such updates will not alter an order that has already been confirmed unless both parties agree otherwise in writing.

4. Live Plant Characteristics and Natural Variation

Plants are living biological products. Reasonable differences may occur between individual plants and between production batches.

Natural variation may include differences in:

• Plant height and leaf count
• Root development
• Leaf shape, colour and pattern
• Variegation distribution
• Growth rate and maturity
• Seasonal appearance
• Minor cosmetic marks
• Temporary transport stress

Unless a specific plant or batch is identified in writing, website photographs show representative examples rather than the exact plants that will be delivered.

Normal biological variation that does not materially change the agreed variety, plant stage or commercial usability will not normally be treated as a product defect.

This clause does not exclude claims involving incorrect varieties, materially incorrect specifications, serious undisclosed damage or products that do not reasonably correspond to the confirmed order.

5. Inquiries, Quotations, MOQ and Order Confirmation

Website inquiries and requests for quotation are invitations to discuss a possible transaction and do not constitute confirmed orders.

Each quotation may specify:

• Product name and specification
• Quantity and applicable MOQ
• Unit price and currency
• Trial-order conditions
• Packaging method
• Estimated preparation or production time
• Payment terms
• Shipping arrangements
• Export documents
• Quotation validity period

MOQ and trial-order conditions may vary according to the product, plant stage, variety, packaging requirement, destination and available stock.

An order becomes binding only after the relevant details have been agreed in writing and we have issued a written order confirmation, proforma invoice or sales contract, together with receipt of any required deposit or payment.

The buyer is responsible for checking product names, specifications, quantities, consignee details, destination and import instructions before confirming the order.

6. Prices, Payment and Payment Security

Prices are valid only for the period stated in the applicable quotation.

Unless expressly included, quoted prices do not include destination-country import duties, taxes, customs charges, inspection fees, storage charges or other destination expenses.

Payment methods, deposits, balance payments and due dates will be stated in the applicable quotation, proforma invoice or sales contract.

We may suspend production, preparation, documentation or shipment if an agreed payment is overdue or cannot be verified.

Both parties should promptly report suspected account compromise, forged messages or payment fraud. Responsibility for any resulting loss will be determined according to the cause, the parties’ conduct, the transaction documents and applicable law.

7. Availability, Production and Custom Propagation

Plant availability may change because of propagation results, growth conditions, contamination, crop loss, seasonal factors, health inspections, regulatory restrictions or prior sales.

If a confirmed product becomes unavailable, we may propose:

• A revised quantity
• A later production or shipment date
• A comparable plant size or growth stage
• An alternative variety
• A credit or refund for the unavailable portion

We will not substitute a materially different variety or product without the buyer’s approval.

Custom propagation, reserved stock and specially sourced products may require a deposit and a longer production period.

Where custom work, propagation, sourcing, stock reservation or preparation has already begun, related deposits or incurred costs may be non-refundable to the extent stated in the accepted transaction documents.

8. Import Permits and Buyer Responsibilities

The buyer is responsible for determining whether the ordered products may legally be imported into the destination country or region.

Before confirming an order, the buyer should verify:

• Import permit requirements
• Species or variety restrictions
• Plant health and quarantine requirements
• Growing-medium restrictions
• Treatment or declaration requirements
• CITES requirements where applicable
• Consignee registration or licensing requirements
• Destination customs and inspection procedures

The buyer must provide complete, accurate and current import instructions, permits and consignee information within the required time.

We are responsible for preparing the export documents expressly agreed in the transaction documents, based on the information provided by the buyer and subject to applicable official procedures.

Losses caused by inaccurate, incomplete, expired or late import information supplied by the buyer may remain the buyer’s responsibility.

9. Phytosanitary and Export Documents

Where required and agreed in writing, we may arrange documents such as:

• Commercial invoice
• Packing list
• Phytosanitary certificate
• Certificate of origin
• CITES documentation where applicable
• Other specifically agreed export documents

Document availability depends on the product, destination, inspection results, applicable regulations and information supplied by the buyer.

Inspection, certification, treatment and document fees may be charged separately unless expressly included in the quotation.

We will use reasonable care in preparing agreed export documents. However, final import approval remains subject to the destination authorities and applicable regulations.

We are not responsible for rejection caused solely by undisclosed import requirements, invalid buyer documents or regulatory changes occurring after order confirmation and outside our reasonable control.

10. Packaging, Shipping and Transfer of Risk

Packaging methods are selected according to plant type, plant stage, quantity, route, season and the agreed transport method.

Shipping may be arranged by us, the buyer or an appointed freight forwarder, as stated in the accepted transaction documents.

Where an Incoterms® rule is used, the applicable rule, named place and version should be stated in the quotation, proforma invoice, sales contract or order confirmation.

Responsibility for freight, insurance, export clearance, import clearance, destination charges and transfer of risk will be determined by the agreed transaction documents and applicable trade term.

Dispatch and delivery dates are estimates unless expressly guaranteed in writing.

Customs inspections, quarantine holds, carrier delays, flight changes, port congestion and government decisions may affect delivery time and plant condition.

11. Delivery Inspection and Claims

The buyer should inspect the shipment immediately after delivery and handle live plants without unnecessary delay.

Claims involving visible transport damage, shortage or incorrect products should normally be submitted within
24 hours after delivery,
unless a different period is stated in the accepted transaction documents.

An issue that could not reasonably have been identified during the initial inspection should be reported promptly after discovery.

A claim should include:

• Order or invoice number
• Delivery date and time
• Photographs of the unopened outer packaging
• Photographs or video of the unpacking process
• Images showing labels and quantities
• Clear images of the affected products
• The number of affected plants
• A description of the problem
• Carrier, airline, customs or inspection records where relevant

The buyer should retain the affected products, labels and packaging until the claim has been reviewed.

Repotting, treating, disposing of or materially altering the plants before adequate evidence is collected may make the cause of the problem difficult to verify.

12. Claims, Cancellations, Refunds and Remedies

Claims will be reviewed according to the confirmed specifications, available evidence, transport arrangements, applicable trade term and cause of loss.

Where a claim is accepted, an appropriate remedy may include:

• Replacement in a future shipment
• Account credit
• Partial refund
• Refund of the verified affected product value
• Another solution agreed in writing

Unless applicable law or the accepted transaction documents require otherwise, compensation will generally be limited to the amount paid for the verified affected products.

Freight, import duties, taxes, inspection fees and other third-party charges will not normally be refunded unless the loss was directly caused by our confirmed error and we agree otherwise in writing.

Cancellation requests must be submitted in writing and are effective only after acceptance by us.

Where propagation, sourcing, stock reservation, documentation, inspection, booking or custom packing has already begun, we may deduct reasonable costs already incurred.

Orders that have already been dispatched cannot normally be cancelled.

13. Acclimatization and Post-Delivery Care

Any planting, transplanting or acclimatization guidance provided by us is general guidance. The buyer should reasonably adapt the procedures according to the plant type, local climate, growing facilities and professional experience.

Live plants will normally require prompt unpacking and inspection after delivery, followed by necessary cleaning, transplanting, potting, planting or acclimatization according to their condition.

To help determine when and how a problem occurred, the buyer should document the condition of the plants upon arrival and provide photographs, videos and relevant information within the agreed claim period before carrying out substantial pruning, chemical treatment, division, propagation or other procedures that may materially alter the original condition of the plants.

Unless otherwise guaranteed in writing, we do not guarantee long-term survival, growth rate, flowering, propagation results, variegation development or commercial growing performance after delivery, as these outcomes may be affected by the growing environment, temperature, humidity, light, watering, growing medium, sanitation and the buyer’s handling practices.

However, normal transplanting or acclimatization will not automatically exclude a claim where the buyer can provide reasonable evidence that a serious quality issue, incorrect variety, material specification discrepancy or other significant problem already existed at the time of delivery.

14. Website Use, Intellectual Property and Third-Party Services

You may not use our website to:

• Submit false or misleading information
• Attempt unauthorized access
• Distribute harmful code or spam
• Interfere with website security or availability
• Impersonate another person or company
• Copy or scrape website content on an unreasonable scale
• Use our content for unlawful or fraudulent activity

Unless otherwise stated, website text, photographs, graphics, branding, catalogues, product descriptions and page designs belong to Shenzhen Zhouyun Horticulture Co., Ltd., ArkYun Plants or the relevant rights holder.

They may not be reproduced or commercially used without prior permission, except where permitted by law.

Our website may link to third-party platforms, payment providers, carriers, social media services or other websites. Their services are governed by their own terms and policies.

15. Liability, Force Majeure, Governing Law and Contact

Limitation of Liability

To the maximum extent permitted by applicable law, we will not be responsible for indirect or consequential losses such as loss of expected profit, future sales, business opportunity, crop yield or reputation.

Unless otherwise agreed in writing or required by law, our total liability for an accepted claim will not exceed the amount paid for the products directly giving rise to that claim.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Force Majeure

We will not be responsible for delay or failure caused by events reasonably outside our control, including severe weather, natural disasters, disease outbreaks, quarantine restrictions, government action, regulatory changes, war, civil unrest, strikes, carrier disruption, airport or port closure, power failure or shortage of transport capacity.

Where reasonably possible, we will notify the buyer and discuss revised timing or another practical solution.

Governing Law and Disputes

Unless the accepted transaction documents state otherwise, these Terms and related transactions are governed by the laws of the People’s Republic of China.

The parties should first attempt to resolve disputes through good-faith negotiation.

If a dispute cannot be resolved through negotiation, it may be submitted to a competent court in Shenzhen, Guangdong, China, unless another dispute-resolution method has been agreed in writing.

Updates to These Terms

We may update these Terms when our website, business practices or legal obligations change.

The revised version will be published on this page with an updated date. Changes will not alter an already confirmed order unless both parties agree otherwise in writing.

Contact Information

For questions regarding these Terms and Conditions, quotations, orders or business transactions, please contact us.