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§ 1 — DISCLAIMER: PERISHABLE GOODS (LIVE PLANTS)

Legal basis for chargebacks regarding “non-conforming merchandise”

Inca Plant sells living organisms classified as perishable goods. By their biological nature, plants are subject to stress, dormancy, appearance changes, and natural deterioration, which are inherent to the product and do not constitute manufacturing defects or a breach of contract by the seller.

POST-SHIPPING DISCLAIMER: Once the package leaves our facilities, Inca Plant assumes no responsibility for the physical condition, deterioration, leaf loss, wilting, dehydration, or death of the plant.

SHIPPING STANDARD: Each order is processed, packaged, and documented under quality protocols. Photographic evidence of the package’s condition is recorded and systematically archived before each shipment, serving as incontrovertible proof of the product’s condition at the time of dispatch.

Upon completing the purchase, the customer expressly acknowledges and accepts that they are acquiring a living organism whose subsequent care is the sole responsibility of the buyer.

§ 2 — TRANSPORT DAMAGE AND SUN-PROTECTION KIT CLAUSE

Contractual allocation of thermal risk during transit

THERMAL AND STRESS RISK DURING TRANSPORT: Inca Plant offers, optionally, the Sun-Protection Kit. This kit is always available as an add-on in the shopping cart.

TOTAL RISK ASSIGNMENT: If the customer chooses not to purchase the Sun-Protection Kit, they voluntarily, knowingly, and irrevocably assume all risk arising from thermal stress, sun exposure, dehydration, or other adverse weather conditions during transit. In this scenario, Inca Plant will not issue refunds, credits, or replacements for thermally induced damages.

TRANSPORT DAMAGE CLAIM PROCEDURE (exclusive for customers with Sun-Protection Kit):

  1. Photograph the external and internal packaging upon receipt, before handling the plant.
  2. Report the incident to [email protected] within 24 hours of receipt.
  3. Attach the order number, packaging photos, and plant photos.
  4. Keep the original package until receiving instructions from the support team.

Claims without photographic evidence or submitted after 24 hours will not be eligible for any resolution, regardless of kit purchase.

§ 3 — GEOGRAPHICAL RESTRICTIONS AND CHECKOUT MANIPULATION PENALTY (10% ADMINISTRATIVE FEE)

Anti-fraud clause with 10% administrative charge

STATES WITH RESTRICTED SERVICE: Due to phytosanitary regulations, logistical capacity, and carrier limitations, Inca Plant restricts shipping to certain states through active technical blocks in the checkout shipping selector.

PROHIBITION OF CHECKOUT MANIPULATION: Modifying, altering, spoofing, or bypassing the address or state fields to evade active geographic restrictions is strictly prohibited. Such conduct constitutes a material violation of Inca Plant’s Terms and Conditions.

CONSEQUENCES OF DETECTED VIOLATION:

  • The order will be automatically canceled without appeal.
  • A 10% administrative penalty of the total order value will be applied for violation of terms, which will be retained from the refund.
  • The remaining 90% of the order value will be refunded to the original payment method within 5–10 business days.

ACTIVE CONSENT RECORD: Before processing the payment, the customer must check a mandatory box confirming they have read, understood, and accepted this clause, including the 10% penalty. This interaction is logged with a timestamp in the system.

§ 4 — PROBLEM RESOLUTION PROCESS

Good faith protocol required before any chargeback

MANDATORY PRIOR CONTACT: Before initiating any dispute, chargeback, or claim with their bank, card issuer, or payment platform, the customer is contractually required to contact Inca Plant and provide a reasonable period for resolution. Failure to do so constitutes a breach of the agreed resolution process and will be noted as evidence in defending any dispute.

OFFICIAL CONTACT CHANNELS:

  1. Primary email: [email protected] — guaranteed response within 24–48 business hours.
  2. Web form: incaplant.com/contact — available 24/7 with automatic ticket number.
  3. Always include the order number (#XXXX) to expedite resolution.

INFORMATION REQUIRED WHEN CONTACTING: Order number, detailed description of the problem, relevant photos, and date of receipt.

Inca Plant commits to respond to all support requests within 48 business hours and to propose a solution within 5 business days after case opening. If the customer does not receive a response within this period, they are authorized to escalate the matter through any channels they deem appropriate.