1. Introduction
Welcome to the Sweet Pea Nursery (Pty) Ltd website (www.sweetpeanursery.co.za). These Terms and Conditions govern your access to and use of this Website and any products or services offered by Sweet Pea Nursery (Pty) Ltd (“Sweet Pea Nursery”, “we”, “us”, or “our”).
By accessing this Website, registering an account, requesting quotations, placing orders, or using any of our services, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please refrain from using the Website.
2. Company Information
Sweet Pea Nursery (Pty) Ltd
Registration Number: 2022/676230/07
Physical Address: 12 Hilton Road, Linbro Park
Email: info@sweetpeanursery.co.za
Telephone: 074 112 3008
3. Wholesale Trade
Sweet Pea Nursery primarily supplies plants and related products to:
- Landscape contractors
- Property developers
- Municipalities
- Corporate clients
- Garden centres
- Registered trade customers
We reserve the right to approve, decline, suspend, or terminate wholesale accounts at our sole discretion.
4. Website Use
Users agree to:
- Use the Website lawfully and responsibly.
- Not attempt to gain unauthorized access to the Website or its systems.
- Not upload malicious software, viruses, or harmful code.
- Not use the Website in a manner that disrupts its operation.
We reserve the right to suspend or terminate access where misuse is identified.
5. Product Information
All plants and products displayed on the Website are subject to availability. As plants are living products:
- Plant size, colour, shape, and maturity may vary.
- Images are provided for illustrative purposes only.
- Availability may change without notice.
- Certain seasonal products may be unavailable at specific times of the year.
We make reasonable efforts to ensure product descriptions are accurate but do not guarantee that all information is complete, current, or error-free.
6. Quotations
All quotations issued by Sweet Pea Nursery:
- Are valid for thirty (30) days unless otherwise stated.
- Are subject to stock availability at the time of order confirmation.
- May be amended if supplier costs, transport costs, or market conditions change significantly.
A quotation does not constitute acceptance of an order.
7. Orders and Acceptance
Orders submitted through the Website, email, telephone, or in person are subject to acceptance by Sweet Pea Nursery. An order will only be considered accepted when:
- Stock availability has been confirmed;
- Pricing has been confirmed; and
- Required payment arrangements have been approved.
We reserve the right to refuse or cancel any order.
8. Pricing
Unless otherwise indicated:
- Prices are quoted in South African Rand (ZAR).
- Prices may be exclusive of Value Added Tax (VAT).
- Prices are subject to change without prior notice.
- Delivery charges may be quoted separately.
Pricing errors may occasionally occur. In such cases, we reserve the right to cancel affected orders and provide a refund where payment has already been made.
9. Payment Terms
Cash Accounts — Payment must be received in full before collection or delivery.
Approved Credit Accounts — Credit facilities may be granted at the discretion of Sweet Pea Nursery and are subject to separate account application terms. Approved account holders agree to:
- Pay invoices within agreed credit periods.
- Pay interest on overdue accounts where applicable.
- Cover any reasonable legal or collection costs incurred in recovering outstanding amounts.
Ownership of goods remains with Sweet Pea Nursery until full payment has been received.
10. Delivery and Collection
Delivery — Delivery dates provided are estimates only. Sweet Pea Nursery shall not be liable for delays resulting from weather conditions, traffic conditions, supplier delays, equipment breakdowns, or circumstances beyond our reasonable control. Customers must ensure safe and suitable access for delivery vehicles.
Collection — Customers collecting goods are responsible for inspecting goods before leaving the nursery and ensuring suitable transport and handling arrangements. Risk in the goods passes to the customer upon collection or delivery.
11. Inspection and Claims
Customers must inspect all products immediately upon collection or delivery. Claims relating to incorrect quantities, incorrect products supplied, or visible damage must be reported within twenty-four (24) hours.
No claims will be considered once products have been planted, transplanted, altered, neglected, or subjected to unsuitable growing conditions.
12. Plant Care and Survival
Sweet Pea Nursery supplies healthy nursery stock at the time of collection or delivery. Because plant performance depends on factors beyond our control — including soil conditions, watering practices, climate, frost, drought, pests and diseases, and installation methods — we do not guarantee plant survival, growth performance, flowering, or establishment unless specifically agreed in writing.
13. Returns and Refunds
Returns may only be accepted with prior written approval from Sweet Pea Nursery; within a reasonable period after delivery or collection; and where products remain in a saleable condition. Custom-grown, special-order, and perishable products may not be eligible for return. Refunds, where applicable, will be processed in accordance with South African consumer protection legislation.
14. Intellectual Property
All content on this Website, including but not limited to text, product descriptions, photographs, plant information, logos, graphics and catalogues, is owned by or licensed to Sweet Pea Nursery and is protected by intellectual property laws. No content may be reproduced, copied, distributed, or used without prior written permission.
15. Privacy and POPIA Compliance
Sweet Pea Nursery is committed to protecting personal information. Any personal information collected through this Website will be processed in accordance with the Protection of Personal Information Act, 2013 (POPIA) and our Privacy Policy. By using the Website, you consent to the collection and processing of personal information necessary for providing our services.
16. Limitation of Liability
To the maximum extent permitted by law, Sweet Pea Nursery shall not be liable for indirect or consequential losses; loss of profits; business interruption; landscaping costs; labour costs; replacement planting costs; or any damages arising from the use of products supplied. Our total liability shall be limited to the purchase price of the products concerned.
17. Force Majeure
Sweet Pea Nursery shall not be liable for any failure or delay in performing obligations caused by events beyond our reasonable control, including but not limited to natural disasters, floods, drought, fire, labour disputes, government restrictions, transport disruptions and utility failures.
18. External Links
This Website may contain links to third-party websites. Sweet Pea Nursery does not control or endorse such websites and accepts no responsibility for their content, security, or privacy practices.
19. Amendments
We reserve the right to amend these Terms and Conditions at any time without prior notice. Updated versions will be published on this Website and will take effect immediately upon publication.
20. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms and Conditions shall be subject to the jurisdiction of the South African courts.
21. Contact Us
Sweet Pea Nursery (Pty) Ltd
Registration Number: 2022/676230/07
Physical Address: 12 Hilton Road, Linbro Park
Email: info@sweetpeanursery.co.za
Telephone: 074 112 3008
For any questions regarding these Terms and Conditions, please contact us using the details above.