Terms of service
OVERVIEW
Welcome to Plant Palace Nursery. The terms “we”, “us”, and “our” refer to Plant Palace Nursery. Plant Palace Nursery operates this store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated shopping experience. Plant Palace Nursery is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use our Services.
Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and that you have given consent for any minor dependents to use the Services on devices you own or control.
To use certain Services, you may be required to provide information including your email address, billing, payment, and shipping details. You represent that all information provided is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. Accounts may not be transferred, sold, assigned, or licensed to another party.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately display our products and services. However, colors, size, and appearance may vary depending on your device, settings, and the natural characteristics of live plants.
Live plants are natural products and may vary in size, shape, color, and appearance. We do not guarantee future growth, flowering, or longevity beyond the terms expressly stated in our Refund Policy.
All product descriptions and availability are subject to change at any time without notice. We reserve the right to discontinue or limit quantities of any product at our discretion.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. All orders are subject to acceptance by Plant Palace Nursery. An order is not accepted until payment is received and the order is confirmed.
We reserve the right to refuse, cancel, or limit orders for any reason. If we modify or cancel an order, we will attempt to notify you using the contact information provided.
Your purchases are subject to return, exchange, or store credit only as expressly stated in our Refund Policy, which includes specific restrictions for live plants and perishable goods.
Purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. Prices do not include taxes, shipping, or handling unless stated otherwise. The price charged will be the price shown at checkout.
You agree to provide accurate payment and billing information and authorize us to charge your payment method for all applicable charges.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or events beyond our control.
Once products are transferred to the carrier, title and risk of loss pass to you, including for live plants, which may be affected by transit conditions or temperature exposure beyond our control.
Shipping fees are non-refundable.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, graphics, logos, videos, and design elements, is owned by Plant Palace Nursery or its licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. Unauthorized use may violate applicable laws. All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available.” We are not responsible for these tools and assume no liability arising from their use.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites or content. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Plant Palace Nursery is powered by Shopify. All purchases are made directly with Plant Palace Nursery. Shopify is not responsible for any aspect of transactions between you and Plant Palace Nursery. You expressly release Shopify from all related claims.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you consent to the collection and processing of information as described therein.
SECTION 11 – FEEDBACK
You grant Plant Palace Nursery a perpetual, royalty-free license to use any feedback you submit for any lawful purpose. You are solely responsible for your feedback and represent that you have all necessary rights to submit it.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, harass others, transmit malware, collect personal information, or interfere with site security. Violations may result in termination without notice.
SECTION 14 – TERMINATION
We may terminate your access at any time. Obligations incurred prior to termination survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available.” We disclaim all warranties to the fullest extent permitted by law.
Some jurisdictions, including California, do not allow limitations on certain warranties, so portions of this disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Plant Palace Nursery shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Plant Palace Nursery and Shopify from any claims arising from your use of the Services or violation of these Terms.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Plant Palace Nursery.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without consent. We may assign them without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You consent to exclusive jurisdiction in California courts.
SECTION 22 – HEADINGS
Headings are for convenience only.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use constitutes acceptance of changes.