Terms of service

Last Updated: 22 June 2026

Welcome to Native Elements.

The terms “we”, “us”, and “our” refer to Native Elements. We operate this website, online store, and related services to provide customers with a curated shopping experience centered around rare and premium plants.

Our store is powered by Shopify, which enables us to offer products and services online.

These Terms of Service, together with any policies referenced within them, govern your access to and use of our website, products, and services.

Please read these Terms carefully, as they contain important information regarding orders, live plants, delivery, claims, warranties, limitations of liability, and customer responsibilities.

By accessing our website or placing an order, you agree to be bound by these Terms of Service, our Privacy Policy, and our Return, Refund & Live Arrival Policy.

If you do not agree with these Terms, you should not use our website or purchase from Native Elements.

Section 1 — Access and Account

By agreeing to these Terms, you confirm that you are at least the age of majority in your country, emirate, state, or province of residence.

To use our website or place an order, you may be required to provide information including your name, email address, billing details, payment details, phone number, and delivery address.

You confirm that all information provided by you is accurate, complete, and current.

You are responsible for maintaining the confidentiality and security of your account details and for all activity conducted under your account.

You may not transfer, sell, assign, or share your account with another person without our written permission.

Section 2 — Our Products

Native Elements specializes in live plants, rare plants, variegated plants, plant-related products, accessories, and related items.

We make reasonable efforts to display our products as accurately as possible. However, product appearance may vary due to photography, lighting, screen settings, growth stage, environmental conditions, and natural plant variation.

Because many of our products are live plants, each specimen is unique and may naturally vary in:

• Size
• Height
• Leaf count
• Leaf shape
• Coloration
• Variegation pattern
• Root development
• Growth habit
• Cosmetic appearance

Natural variation does not constitute a defect.

Unless clearly listed as an individually photographed plant, product images are intended to represent the general appearance of the plant, species, or cultivar.

For individually photographed or “Exact Plant” listings, customers will receive the same plant specimen shown in the product photographs unless otherwise stated.

As plants are living organisms, a plant’s appearance may naturally change between the time photographs are taken and the time the order is delivered, including new growth, leaf maturation, unfurling leaves, minor cosmetic blemishes, or natural changes in coloration and variegation.

Native Elements does not guarantee future variegation, future coloration, future leaf count, future leaf shape, future growth rate, flowering, propagation success, or long-term plant performance after delivery.

Plant Safety

Certain plants sold by Native Elements may be toxic if ingested or may cause irritation when handled, particularly for children, pets, or individuals with sensitivities.

Customers are responsible for assessing the suitability of plants for their household and for keeping plants appropriately positioned away from children, pets, and other vulnerable individuals.

Native Elements provides plants primarily for ornamental purposes and does not guarantee suitability for every household environment. Subject to applicable law, Native Elements is not responsible for injury, illness, allergic reactions, or other consequences arising from plant ingestion, handling, or misuse.

All product descriptions, prices, availability, and images may change at any time without notice.

We reserve the right to discontinue any product or limit available quantities at any time.

Section 3 — Orders

Placing an order constitutes an offer to purchase from Native Elements.

An order is not considered accepted until we confirm acceptance.

We reserve the right to refuse, cancel, modify, or limit orders where we reasonably suspect issues including:

• Fraud
• Payment issues
• Incorrect customer information
• Policy abuse
• Unauthorized resale activity
• Stock availability issues
• Delivery restrictions
• Pricing errors
• Product listing errors
• Any circumstance affecting our ability to fulfill the order properly

Please review your order carefully before submission.

Once an order has been accepted, cancellation may not be possible, particularly if the order has already been reserved, prepared, packed, or dispatched.

If we cancel or materially modify an order, we will attempt to contact you using the contact information provided at checkout.

All purchases remain subject to our Return, Refund & Live Arrival Policy.

Section 4 — Prices and Billing

Prices, discounts, promotions, and offers may change without notice.

The price charged for a product will be the price displayed at the time the order is placed, unless there is a clear pricing error.

Unless otherwise stated, listed prices may exclude delivery charges, taxes, duties, customs charges, or other applicable fees.

You agree to provide accurate, complete, and current billing and payment information.

By placing an order, you confirm that:

• You are authorized to use the payment method provided
• Your payment information is accurate and complete
• Charges incurred by you will be honored by your payment provider
• You will pay all charges associated with your order, including delivery charges, taxes, and applicable fees

Native Elements reserves the right to cancel orders affected by pricing errors, failed payments, suspicious transactions, or incomplete billing information.

Section 5 — Shipping and Delivery

Delivery timeframes provided by Native Elements are estimates only and are not guaranteed.

We are not responsible for delays caused by:

• Courier delays
• Incorrect or incomplete customer information
• Failed delivery attempts
• Customer unavailability
• Public holidays
• Weather conditions
• Customs clearance
• Government restrictions
• Events beyond our reasonable control

Customers are responsible for providing accurate delivery information and ensuring that someone is available to receive the order.

Subject to applicable law, responsibility for the plant’s ongoing care, handling, and environmental conditions transfers to the customer once delivery has been successfully completed.

Native Elements is not responsible for plant damage, decline, or loss resulting from:

• Delayed acceptance by the customer
• Failed delivery attempts
• Incorrect delivery details
• Refused deliveries
• Plants left unattended after successful delivery
• Exposure to excessive heat, cold, direct sunlight, or unsuitable environmental conditions after delivery

Live plants should be inspected immediately upon delivery.

Section 6 — Live Plant Claims

For claims involving shipping damage, dead-on-arrival plants, missing items, incorrect items, or significant transit-related issues, customers must provide a continuous, unedited unboxing video.

The video must clearly show:

• The sealed package before opening
• The shipping label
• The full unboxing process without cuts, pauses, or edits
• The condition of the plant and packaging immediately upon opening

Claims must be submitted within 24 hours of confirmed delivery.

Claims must include:

• Order number
• Unedited unboxing video
• Clear photographs of the plant
• Clear photographs of the packaging
• Clear explanation of the issue

Native Elements reserves the right to reject claims that are incomplete, unsupported, misleading, fraudulent, submitted late, or otherwise unsupported by sufficient evidence.

Claims submitted without an unedited unboxing video may not qualify for replacement, store credit, or refund.

Approved claims may be resolved through one of the following remedies:

• Replacement plant
• Store credit
• Partial refund
• Full refund

The appropriate remedy will be determined based on the circumstances of the claim.

Section 7 — Live Plant Health and Acclimation

Customers acknowledge that live plants may experience stress during transport and adjustment to a new environment.

Normal acclimation responses may include:

• Minor yellowing
• Minor browning
• Temporary drooping
• Minor leaf loss
• Minor cosmetic blemishes
• Temporary growth slowdown
• Minor transport marks

These conditions are normal biological responses and are not considered defects unless severe enough to materially affect plant viability.

Once a plant has been delivered, its ongoing health depends on environmental and care conditions outside the control of Native Elements.

Native Elements is not responsible for plant decline caused by:

• Overwatering
• Underwatering
• Incorrect lighting
• Low humidity
• Excessive humidity
• Excessive heat
• Excessive cold
• Fertilizer misuse
• Repotting
• Pruning
• Propagation
• Pest exposure after delivery
• Incorrect soil mix
• Poor ventilation
• Neglect
• Mishandling
• Any other care decision made after delivery

Section 8 — Returns and Refunds

Live plants are perishable living items. Due to their nature and the risk of pests, disease, stress, contamination, and decline, Native Elements does not accept returns of live plants unless required by applicable law or expressly approved by us.

Customers must not return live plants without written approval from Native Elements.

Unauthorized returns may be refused and may not qualify for refund, replacement, or store credit.

Refunds, replacements, or store credits are not automatic and are assessed on a case-by-case basis in accordance with our Return, Refund & Live Arrival Policy.

Non-living products, such as unused pots or accessories, may be eligible for return if they are unused, in original condition, and in original packaging, subject to our Return, Refund & Live Arrival Policy.

Sale items, discounted items, clearance items, gift cards, and promotional items are final sale unless otherwise required by applicable law.

Section 9 — Customer Responsibilities

By placing an order, you agree to:

• Provide accurate delivery information
• Be available to receive the order
• Inspect the order immediately upon delivery
• Record an unedited unboxing video for any potential claim
• Contact us within 24 hours if there is a serious issue
• Follow suitable plant care practices after delivery
• Avoid repotting, pruning, fertilizing, or propagating immediately after delivery unless you accept the associated risk

You acknowledge that failure to follow these responsibilities may affect your eligibility for refund, replacement, or store credit.

Section 10 — Intellectual Property

All content on our website, including but not limited to trademarks, logos, names, text, images, photographs, graphics, product descriptions, videos, designs, layouts, and branding, is owned by Native Elements, its affiliates, suppliers, or licensors.

You may use our website for personal, non-commercial purposes only.

You may not copy, reproduce, distribute, modify, publish, display, sell, resell, or otherwise exploit any part of our website, products, content, photographs, or branding without our prior written permission.

The Native Elements name, logo, product names, plant codes, designs, and slogans are proprietary brand assets and may not be used without written permission.

All third-party trademarks appearing on the website remain the property of their respective owners.

Section 11 — Third-Party Services and Links

Our website may provide access to third-party tools, services, apps, payment providers, delivery partners, or external links.

Such third-party services are provided on an “as is” and “as available” basis.

Native Elements does not control and is not responsible for the availability, performance, accuracy, security, content, or practices of third-party services or websites.

Your use of such services is at your own risk and may be subject to the terms and policies of the relevant third-party provider.

Section 12 — Privacy Policy

Personal information collected through our website is handled in accordance with our Privacy Policy.

Because our website is hosted by Shopify, Shopify may also collect and process information relating to your access to and use of our website to provide and improve its services.

Information submitted through our website may be shared with Shopify, payment processors, delivery partners, service providers, and other third parties as necessary to process orders, provide services, and operate our business.

Please review our Privacy Policy for more information.

Section 13 — Feedback, Reviews and User Content

If you submit ideas, suggestions, photographs, videos, feedback, reviews, proposals, or other content to Native Elements, you grant us a worldwide, royalty-free, transferable, perpetual license to use, reproduce, publish, display, distribute, modify, and share such content for business, marketing, customer service, operational, and promotional purposes.

You confirm that:

• You own or have the necessary rights to the content you provide
• Your content does not violate the rights of any third party
• Your content is accurate and not misleading
• Your content does not contain unlawful, abusive, defamatory, obscene, harmful, or malicious material

We may monitor, edit, remove, or refuse content at our discretion.

We are not obligated to keep feedback confidential, provide compensation for feedback, or respond to feedback.

Section 14 — Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, delivery charges, availability, plant identification, plant size, or other information.

We reserve the right to correct such errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.

We may update information, refuse orders, or cancel orders where necessary.

Section 15 — Acceptable Use and Automated Access

You may use our website and Services for lawful purposes only.

You may not use our website or Services:

• For any unlawful, fraudulent, harmful, or malicious purpose
• To violate any law, regulation, or third-party right
• To infringe our intellectual property or the intellectual property of others
• To submit false or misleading information
• To harass, abuse, insult, defame, threaten, or harm any person
• To upload or transmit viruses, malware, or harmful code
• To spam, phish, scrape, crawl, or collect data without permission
• To interfere with website security or functionality
• To impersonate another person or entity
• To abuse refunds, claims, chargebacks, promotions, or customer support
• To resell products commercially without our written permission
• To use automated systems, bots, artificial intelligence agents, crawlers, scrapers, or similar tools without authorization

No automated system may bypass security measures, access restrictions, CAPTCHAs, rate limits, robots.txt instructions, or other protective controls.

We reserve the right to suspend, restrict, block, or terminate access to our website or Services if we believe these Terms have been violated.

Section 16 — Termination

We may suspend, restrict, or terminate your access to our website or Services at any time if we reasonably believe you have violated these Terms or acted in a way that may harm Native Elements, its customers, business operations, or third parties.

Termination does not affect any rights or obligations that arose before termination.

Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, privacy, and other provisions that by their nature should survive termination will continue to apply.

Section 17 — Disclaimer of Warranties

Our website, Services, content, and products are provided on an “as is” and “as available” basis, except where expressly stated otherwise by Native Elements or required by applicable law.

We do not guarantee that:

• The website will be uninterrupted, secure, or error-free
• Product images will appear identically on every device
• Live plants will grow at a specific rate
• Live plants will maintain future variegation
• Live plants will produce specific future leaves
• Live plants will flower
• Live plants will propagate successfully
• Live plants will remain healthy after delivery
• Care information will guarantee identical results in every environment

Plant care information provided by Native Elements is general guidance only. Plant health depends on numerous factors outside our control, including environment, water quality, humidity, light, temperature, airflow, soil, pests, and customer care practices.

Nothing in these Terms excludes or limits any rights that cannot be excluded or limited under applicable law.

Section 18 — Limitation of Liability

To the fullest extent permitted by applicable law, Native Elements, its owners, partners, employees, contractors, service providers, affiliates, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of our website, Services, or products.

This includes, without limitation:

• Loss of profits
• Loss of revenue
• Loss of savings
• Loss of business opportunity
• Loss of data
• Replacement costs
• Plant decline after delivery
• Pest issues arising after delivery
• Damage caused by customer care practices
• Delays caused by couriers or third parties
• Environmental damage after delivery

To the fullest extent permitted by law, our total liability for any claim relating to a product purchased from Native Elements shall not exceed the amount paid by the customer for that specific product.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

Section 19 — Indemnification

You agree to indemnify, defend, and hold harmless Native Elements and its affiliates, partners, employees, contractors, licensors, and service providers from any losses, damages, liabilities, claims, costs, or expenses arising from:

• Your breach of these Terms
• Your violation of any law
• Your misuse of our website or Services
• Your violation of third-party rights
• Your misuse, handling, resale, propagation, or care of products purchased from Native Elements
• False, misleading, fraudulent, or incomplete information submitted by you

We reserve the right to control the defense and settlement of any claim, and you agree to cooperate as reasonably required.

Section 20 — General Legal Provisions

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain valid and enforceable.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Return, Refund & Live Arrival Policy, and any other policies posted on our website, constitute the entire agreement between you and Native Elements regarding your use of our website and Services.

You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent.

Native Elements may transfer, assign, or delegate these Terms and related rights or obligations where permitted by law.

Section 21 — Governing Law

These Terms of Service and any separate agreements through which Native Elements provides products or Services shall be governed by and interpreted in accordance with the laws of the United Arab Emirates.

Any dispute arising from or relating to these Terms, our website, our Services, or any purchase made from Native Elements shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates, unless otherwise required by applicable law.

Section 22 — Changes to These Terms

The most current version of these Terms of Service will always be available on this page.

We reserve the right to update, modify, or replace any part of these Terms by posting updates on our website.

Changes take effect upon posting unless otherwise stated.

Your continued use of our website or Services after any changes are posted constitutes acceptance of the updated Terms.

Section 23 — Contact Information

Questions regarding these Terms of Service may be directed to:

Native Elements For Flowers & Ornamental Plants Trading

Dubai, United Arab Emirates

WhatsApp: +971 58 885 4355

Email: nativeelements.ae@gmail.com

Commercial License Number: 1626540