Terms & Conditions — Tiny Cactii

1. Preamble

1.1 These Terms and Conditions (“Terms”, “Agreement”, or “Contract”) govern your access to and use of the Tiny Cactii website, social channels, and any related ecommerce services (“Platform”), owned and operated by Anubhav Duarah [ CEO & FOUNDER ].

1.2 The Platform primarily sells live plants, succulents, cacti, and plant accessories. Because plants are living organisms, some conditions in this Agreement are specific to plant health, transport sensitivity, and natural variation.

1.3 By using, accessing, or transacting on the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

1.4 This Agreement is framed in accordance with applicable Indian laws, including but not limited to the Indian Contract Act, Information Technology laws, and Consumer Protection laws.

1.5 If you do not agree with any part of these Terms, you must immediately stop using the Platform and refrain from placing orders.

2. Acceptance of Terms & Updates

2.1 By browsing the Platform, creating an account, or placing an order, you confirm that you have read these Terms and voluntarily agree to follow them. Continuing to use the Platform after changes are made also means you accept the updated version.

2.2 Tiny Cactii may revise these Terms from time to time to reflect changes in law, logistics partners, payment options, or internal policies. The latest version will always be available on this page, and the “Last updated” date at the top shows when the most recent changes were made.

2.3 If any update significantly affects your rights, Tiny Cactii may highlight the change through notices on the website or in emails, but it remains your responsibility to review this page periodically.

3. Key Definitions

• “Platform” – The Tiny Cactii website, online store, digital content, communication channels, and any associated services.
• “User / You” – Any individual or entity visiting, browsing, or buying from the Platform.
• “Products” – Live plants, cacti, succulents, pots, soil mixes, accessories, gift packs, and any item listed for sale.
• “Order” – A confirmed purchase placed through the Platform or approved sales channel.
• “Transit Damage” – Physical damage to Products occurring during shipping and courier handling.
• “Intellectual Property” – All brand names, logos, photos, videos, product descriptions, designs, and written content owned or licensed by Tiny Cactii.
• “Customer Support” – Official help channels such as email, WhatsApp and social media profiles mentioned in the Contact section.

4. Scope of Agreement

• 4.1 These Terms apply to all Users, whether registered, guest, or visiting, and to all devices (mobile, desktop, tablet, or any future medium).
• 4.2 They cover browsing the Platform, placing orders, receiving deliveries, contacting support, writing reviews, and participating in offers or campaigns.
• 4.3 Any misuse of the Platform, violation of these Terms, or behaviour contrary to applicable law remains your sole responsibility and may result in order cancellation, account suspension, or legal action.

5. User Eligibility & Obligations

Eligibility

• You must be at least 18 years old and legally competent to contract under Indian law.
• If you are ordering on behalf of someone else (family, company, or group), you confirm you are authorised to do so and that they accept these Terms.

Your obligations

• Provide complete, accurate and current information (name, address, phone, email) each time you place an order.
• Use the Platform only for lawful purposes and for genuine personal or authorised business use.
• Keep your account login details confidential and inform Tiny Cactii promptly if you suspect unauthorised access.
• Refrain from abusive language, threats or harassment towards staff, delivery partners or other customers.
• Provide honest information and proof when raising any complaint, especially for transit damage or plant health issues.

6. Account Creation & Security

6.1 An account helps you track orders, save addresses and receive personalised offers. When creating an account, you agree that the details provided are true and will be updated whenever they change.

6.2 You are responsible for all actions taken using your login credentials. Tiny Cactii is not responsible if someone accesses your account because your password was shared, reused or guessed.

6.3 Tiny Cactii may temporarily or permanently block or delete accounts that show signs of fraud, repeated misuse of policies, or violation of these Terms.

7. Permitted Use & Restrictions

• You may browse, compare, and purchase Products for your personal use or authorised gifting.
• You may not copy, alter or interfere with the Platform’s code, design, security, or payment systems.
• You may not use bots, scrapers or automated tools to extract data, images or prices.
• You may not impersonate Tiny Cactii staff or other Users, or misrepresent your identity to obtain benefits.
• You may not upload or share malware, harmful scripts, or any content designed to disrupt or damage the Platform.

8. General Service & Plant Nature

• Plants are living, natural products; small differences in size, colour, shape, or number of leaves compared to photos are normal and not treated as defects.
• Seasonal changes, nursery conditions and growth stages affect how a plant looks when it reaches you. A young plant may grow into the fuller specimen shown in photographs over time with proper care.

9. Ordering, Acceptance & Contract Formation

9.1 When you place an order, you are offering to purchase the selected Products at the prices and terms displayed at that time. Simply placing items in the cart does not create a contract.

9.2 An order becomes confirmed and a binding contract is formed only when Tiny Cactii successfully receives your payment and sends an order confirmation with a valid order ID.

9.3 Tiny Cactii may cancel or refuse any order before dispatch if there is no stock, if there is a clear pricing or listing error, if the address is incomplete or unreachable, if fraud is suspected, or if logistics partners cannot service your location. Any amount already received for such orders will be refunded as per normal refund timelines.

10. Product Information, Availability & Variation

10.1 Tiny Cactii aims to provide honest photos and descriptions. However, every plant is unique and will not be an exact copy of the sample image. Variations in height, spread, leaf count, colour or pattern are normal.

10.2 All Products are subject to availability. Displaying an item on the Platform does not guarantee that it is in stock at the moment you order. Some rare or seasonal plants may sell out quickly or be available only in limited quantities.

11. Pricing, Billing & Payment Terms

• Prices are shown in Indian Rupees (INR). Tiny Cactii may change prices, run discounts or update shipping fees at any time.
• All applicable taxes, shipping fees, handling charges or packing charges will be shown at checkout before you complete payment.
• Supported payment methods may include UPI, credit/debit cards, net banking and digital wallets through secure payment gateways.
• Orders with failed, pending or reversed payments are not treated as confirmed and will not be processed until full payment is received.

12. Shipping, Delivery & Transfer of Risk

• Orders are generally shipped through reliable courier or postal partners. Dispatch and delivery timelines shown on the Platform are estimates and can change due to factors like weather, route issues, holidays or operational delays.
• Once a parcel is handed over to the courier, physical risk in the Products passes to you, but Tiny Cactii still supports legitimate transit‑damage cases according to the policy below.
• If a shipment returns to Tiny Cactii because of repeated delivery failures, wrong address or refusal to accept, the plants may no longer be suitable for re‑shipping and may be safely discarded without replacement.

13. Delivery Conditions & Your Responsibilities

• Provide a complete address with pin code, landmarks and an active mobile number so the courier can locate you easily.
• Ensure someone is available to receive the parcel during the expected delivery window, especially in very hot or very cold weather where plants should not be left outside for long.
• Use the tracking link shared after dispatch to follow the shipment and coordinate directly with the courier for local delivery issues where needed.

14. Transit Damage Policy

• For any transit‑damage claim, you must record an uncut video from the moment you start opening the outer parcel until each plant is fully removed and clearly visible. This helps confirm the condition at the time of delivery.
• Damage must be reported within 48 hours of the recorded delivery time, along with the unboxing video and clear photos of the damage. Claims raised after this period may be treated as care‑related issues rather than transit damage.
• Minor cosmetic issues such as a few broken leaves, slight soil spillage, small pot scratches or mild drooping are common when shipping live plants and are not considered eligible for refund or replacement.
• Severe damage usually includes plants that arrive completely uprooted, crushed, heavily broken or clearly dead on arrival despite proper handling by the customer.

15. Returns, Cancellation & Replacement

• Because live plants are perishable and sensitive, Tiny Cactii does not accept returns once an order has been successfully delivered, except for approved transit-damage or wrong-item cases.
• Orders normally cannot be cancelled once they are packed or dispatched. Pre-dispatch cancellations, if allowed, may have payment gateway or processing charges deducted from the refund.
• In approved cases, Tiny Cactii may offer a replacement plant, store credit, or a partial/full refund. The decision depends on plant availability, season, severity of the issue and shipping feasibility.
• All complaints must be raised within 48 hours of delivery with clear photos and an unboxing video for verification.
• No refunds or replacements are possible for plants damaged due to improper care or handling after delivery.
• Refunds, if approved, are issued only to the original payment method used during checkout.
• Store credit granted (if any) will remain valid for one months from the date it is issued.
• Customers are responsible for providing accurate address and contact details. Failed deliveries due to incorrect information are not eligible for refunds.
• Rare, seasonal, or delicate plant varieties may only qualify for store credit or replacement depending on availability.
• Orders involving customised requests, bulk quantities, or special imports cannot be cancelled once confirmed.
• Packaging or handling charges, if applied, are non-refundable.
• Shipping delays caused by courier partners, weather, or other external factors are not grounds for cancellation or refund.
• All decisions regarding replacements, refunds, or store credit are final after review by the Tiny Cactii support team.
• If your issue is not listed here, kindly contact us on WhatsApp- +91 6900528070 or by leaving us a mail at - tinycactiiii@gmail.com

16. Plant Care Responsibility

After a plant is delivered in live and reasonably healthy condition, its survival mainly depends on your environment and care. Factors such as sunlight, watering habits, soil type, pot size, humidity, temperature and pest management are outside Tiny Cactii’s control.

You are responsible for reading and following the care tips provided on the product page or by the team, and for adjusting them to your actual conditions. Tiny Cactii cannot guarantee how long a plant will live or how fast it will grow once it reaches you.

17. Fraud Prevention & Misconduct

Tiny Cactii monitors for fraud, misuse of offers and repeated false claims. Examples of misconduct include using edited or reused unboxing videos, filing claims for old orders as if they were new, abusive language towards staff, or placing orders with no intention of accepting delivery.

In such situations, Tiny Cactii may cancel current orders, restrict future orders, suspend your account or take suitable legal action if required. Genuine mistakes and one‑off issues will always be handled more leniently than repeated patterns of misuse.

18. Intellectual Property Rights

All logos, brand names, product photographs, illustrations, written content, design elements and care guides on the Platform are intellectual property owned by or licensed to Tiny Cactii. They are protected by applicable copyright and trademark laws.

You may not copy, download, edit, resell or use these materials for commercial purposes without written permission from Tiny Cactii. Sharing product photos or screenshots on social media with proper credit is usually welcome, but large‑scale reuse for your own shop or marketing is not allowed.

19. Limitation of Liability

Tiny Cactii’s responsibility for any order is limited to the amount you paid for that order and any approved replacement or refund under these Terms. Tiny Cactii is not liable for indirect or consequential losses such as loss of other plants, emotional distress, lost profits or gardening time.

The Platform is provided on an “as available” basis. While every effort is made to keep listings accurate and services running smoothly, Tiny Cactii does not guarantee uninterrupted access or error‑free operation at all times.

20. Force Majeure

Certain events are beyond Tiny Cactii’s control, such as extreme weather, natural disasters, pandemics, strikes, transport shutdowns, government restrictions or major technical failures at logistics or payment partners.

During such events, orders may be delayed, rescheduled or cancelled. Tiny Cactii will make reasonable efforts to inform you and minimise inconvenience, but is not responsible for losses caused specifically by these circumstances.

21. Warranty Disclaimer

All plants and products are sold “as‑is” as natural items. While Tiny Cactii aims to deliver healthy plants and quality accessories, there is no promise that a plant will live for a particular duration, look identical to photos, or perform in a certain way in your specific environment.

22. Indemnification

You agree to indemnify and hold harmless Tiny Cactii, its owner and team from any claims, losses, liabilities or expenses arising from your misuse of the Platform, breach of these Terms, or violation of another person’s rights while using the Platform.

23. Compliance with Indian Law & Jurisdiction

These Terms are governed by the laws of India. Subject to any consumer‑protection requirements, any disputes relating to your use of the Platform or to an order you placed shall fall within the jurisdiction of the competent courts in the state where Tiny Cactii is registered.

24. Third‑Party Services & Couriers

Tiny Cactii depends on third‑party payment gateways, courier partners, hosting providers and communication tools to operate the Platform. While these partners are chosen with care, there may occasionally be delays or technical issues at their end.

Tiny Cactii is not responsible for failures or outages of such third‑party services, but will assist you as far as possible to follow up, track shipments or clarify payment status with them.

25. Advertisements, Offers & Marketing

By interacting with the Platform, you may receive emails, SMS or WhatsApp messages about order updates, offers, plant care tips and new arrivals. You can opt out of purely promotional communication using the unsubscribe or stop options where provided.

Order‑related and service messages (such as OTPs, order confirmations, shipping updates and important policy changes) will continue to be sent as long as you have active orders or an account, as they are necessary for delivering your purchases.

26. User‑Generated Content

If you share photos, reviews, testimonials or social media posts featuring Tiny Cactii products and tag or send them to us, you grant Tiny Cactii a non‑exclusive, royalty‑free licence to repost, display or use this content for marketing or educational purposes, usually with reasonable credit.

You must ensure that any content you share is your own or that you have the right to share it. Do not upload content that is defamatory, hateful, violent, or violates someone else’s privacy or intellectual property.

27. Suspension / Termination of Access

Tiny Cactii may temporarily or permanently limit your access to the Platform, cancel open orders, or decline future orders if you violate these Terms, engage in fraud or abuse, or cause harm to the brand, staff or other users.

Where reasonable, you will be informed about the reason for such actions and may be allowed to clarify or appeal, but Tiny Cactii is not obliged to continue service to any user who repeatedly violates these Terms.

28. Electronic Communication

When you use the Platform or send emails, messages or forms to Tiny Cactii, you are communicating electronically. You consent to receive electronic communications from us in return, including emails, SMS, WhatsApp messages or in‑app notifications.

You agree that all such electronic communications satisfy any legal requirement that communications be in writing.

29. Privacy, Security & Data Use

When you place an order or create an account, Tiny Cactii collects basic personal information such as your name, address, phone number, email and order details. This information is used to process your orders, deliver products, provide support and maintain purchase records.

Tiny Cactii uses reasonable technical and organisational measures to help keep your data secure. Some information may be shared with trusted partners like payment gateways or courier companies strictly for order‑related purposes. A separate Privacy Policy may provide more detail on how your data is handled.

30. Environmental & Local Conditions Disclaimer

Once a plant has been delivered in live and reasonably healthy condition, Tiny Cactii has no control over your indoor or outdoor conditions, water quality, temperature swings, pets or insects in your environment.

Because of this, Tiny Cactii is not responsible for any plant decline, disease or death that occurs after delivery due to local climate, watering mistakes, unsuitable potting media, pests, or other environmental factors.

31. Limitation of Claims

Any claims relating to an order, including transit damage or missing items, must be raised within the timelines mentioned in these Terms (usually within 48 hours of delivery for damage‑related issues). Claims raised long after delivery are difficult to verify and may not be accepted.

Minor imperfections, natural growth variations, and normal shipping stress do not qualify for claims or compensation.

Contact & Support

If you have any questions about these Terms, need help understanding a clause, or want to raise a concern about an order, you can reach Tiny Cactii at:

• Email: tinycactiiii@gmail.com
• WhatsApp: +91 69005 28070
• Instagram: @tiny_cactii

When contacting support, always include your order ID, delivery date and clear photos or videos if you are reporting plant‑related issues. This helps the team understand your situation quickly and suggest the best solution.