Terms of Use

Department of Agriculture restrictions

Arizona, California, Hawaii, Nevada, Oregon and Washington -
We do not ship to these states because of Department of Agriculture restrictions.

Certification

Our horticultural products have been produced and maintained under a regular program administered by the Georgia Department of Agriculture in accordance with the Entomology Act of 1937 and the regulations promulgated thereunder.

Shipping

Information about shipping can be found on our shipping page.

Sales Tax

Sales Tax will be collected for shipments to Georgia, based on the tax rate for the county where the delivery is made. If you will resell the items or are otherwise exempt, you can fill out the Georgia State Sales Tax Exemption Form ST-5 online and mail it to us, then contact us to learn how to place orders where sales tax is not collected.

Payments

Orders must be prepaid by credit card, PayPal, money order, check or wire transfer. We accept Visa, Mastercard, Discover and American Express.

Returns

Due to the perishable nature of our merchandise, we cannot accept any returns. If you are not satisfied with your purchase for any reason, contact us and we will work to make you happy.

Cancellations

Cancelled orders that were paid by credit card are subject to a 3% fee to cover the fee lost to the credit card processing company. When we refund your card they do not refund the fee they charged us to process the transaction.

Services and Conditions of Use

As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.

Limitation Of Liability And Warranty

We exercise extreme care and caution to keep our stock true to name. On proper proof, we will replace all stock that may prove otherwise or refund the amount paid. However, we shall not be liable for any amount greater than the original price. No claim will be considered unless we are notified within ten days from receipt of shipment.

Claims for shortages or any other cause must be made within five days after receipt of shipment. In no case are we liable for more than the invoice price of the plants. We guarantee to ship good, healthy plants but we will not assume any risk or responsibility for transportation, growth or livability of the plants after they are transferred to the shipper. If your plants are damaged or excessively delayed in transit, make this notation on the carrier's delivery receipt and file a claim against the carrier immediately. Please note that our responsibility for delivery of your plants ends upon our delivering to the carrier.

If you want an indication of the quality of our products, check comments from customers and the ratings and comments for us at Dave's Garden. We are a Watchdog 30 company at Dave's Garden, meaning we are rated one of the top 30 gardening vendors out of more than 7000 they track ratings for.

CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.


Rules For Online Conduct

By using the service, you agree that you will not attempt to undermine the integrity of this web site.

Trademarks

All trademarks appearing on the site are trademarks of their respective owners.

Images

We welcome submission of plant photos to be considered for inclusion on our site. Please only submit images to which you own the rights to publish.

If anyone claims copyright to an image that appears on our site, contact us for resolution.