Terms & Conditions

1. Order Acceptance & Modifications

• Your order (verbal, online, or written) constitutes a request to purchase Products/Services. We reserve the right to accept, reject, or adjust orders for reasons including (but not limited to): unavailability of live plants (due to seasonal constraints, crop failures, or pest/disease outbreaks), incompatible plant selections for your climate (e.g., tropical plants for cold-hardy zones), inaccurate site information provided by you, or regional delivery restrictions. A binding contract is formed only when we issue a written order confirmation (via email or signed document) detailing item(s), quantities, specifications (plant size, variety, health status), total cost (including service fees), delivery/planting timelines, and any special conditions (e.g., pre-order for seasonal plants).
• Post-confirmation modifications: Changes to orders (e.g., switching plant varieties, adjusting quantities, adding pots/fertilizers) must be submitted in writing within 24 hours of receiving the order confirmation. We will confirm modification feasibility and any cost/timeline adjustments (e.g., $20–$50 fee for upgrading to larger trees, 3–5 business day extension for pre-ordered seasonal plants) within 12 hours. For customized orders (e.g., mature heritage trees, tailored landscape plant packages) or bulk commercial orders (10+ plants/trees), modifications are not permitted once plant preparation begins (typically 2 business days after order confirmation); cancellation of such orders will result in forfeiture of the non-refundable deposit (see Section 4).

2. Product Specifications & Health Guarantee

• Live Plants: All live plants are labeled with key specifications: common/botanical name, USDA hardiness zone (for outdoor plants), mature size, sun/water requirements, soil preferences, and current growth stage (sapling, mature, flowering/fruiting). We guarantee that live plants are healthy, pest-free, and disease-free at the time of delivery/collection—they will show no signs of wilting, yellowing (beyond normal seasonal leaf drop), root rot, or insect infestations. Note: Minor leaf damage (1–2 small brown spots) from handling/transport is considered normal and does not constitute a health issue. Seasonal variations (e.g., deciduous trees losing leaves in fall, succulents going dormant in winter) are natural and not defects.
• Plant-Related Products: Soil, pots, fertilizers, and tools comply with industry standards (e.g., organic fertilizers meet USDA organic certification, pots are food-safe for edible plants). Product labels include ingredients, usage instructions, and expiration dates (for perishables like organic soil). Physical products may vary slightly in appearance (e.g., handcrafted pots have minor color differences) but will not deviate from stated functionality.
• Limitations of Health Guarantee: The health guarantee does not cover plant decline or death caused by: improper care (overwatering/underwatering, incorrect sunlight, use of non-recommended fertilizers/pesticides), extreme weather (frost, heatwaves, storms) after delivery, pest/disease infestations acquired post-delivery (e.g., from other plants in your garden), or neglect (failure to prune, protect from animals). We recommend following the included care guide and consulting our team for troubleshooting within 7 days of noticing issues.

3. Consultation & Site Analysis Services

• We offer free or fee-based (for commercial/complex projects) consultation and site analysis to help you select suitable plants. Our certified arborists/horticulturists will assess your space (sunlight, soil type, drainage, climate) and provide plant recommendations, but the final selection of plants remains your responsibility. We are not liable for poor plant performance if you choose plants that contradict our recommendations (e.g., selecting a sun-loving plant for a shaded yard).
• Site analysis requires access to your property (residential/commercial). You must disclose any underground utilities (water lines, electrical cables) or structural constraints (foundation, septic tanks) before we conduct on-site assessments; we are not liable for damage to undisclosed utilities/structures during analysis or planting.

4. Payment Terms

• Payment Methods: We accept major credit cards (Visa, Mastercard, American Express), debit cards, PayPal, cash (for in-person purchases), and certified checks (for commercial orders over $1,000). For commercial bulk orders over $5,000, we offer net-30 payment terms (subject to credit approval via a completed Credit Application).
• Deposits:
  • Standard live plants (in-stock): 20% non-refundable deposit at order confirmation; remaining balance due upon delivery/collection.
  • Customized/bulk orders (mature trees, landscape packages, commercial orders): 30% non-refundable deposit at order confirmation (to cover plant reservation, preparation, or specialty materials); remaining balance due 2 business days before delivery/planting.
  • Pre-ordered seasonal plants (e.g., spring flowering bulbs, holiday poinsettias): 15% non-refundable deposit to secure stock; balance due upon pickup/delivery when plants are in season.
• Pricing & Taxes: All prices are listed in U.S. dollars and exclude applicable sales tax, permits (e.g., for planting street trees), or third-party fees (e.g., utility locator fees for commercial planting). Prices are valid for 14 days from the initial quote; after that, they may be adjusted due to plant availability (e.g., rare plants increasing in cost) or seasonal demand (e.g., holiday plants priced higher in winter).
• Late Payments: Balances not paid by the due date incur a 1.5% monthly late fee on the unpaid amount. For orders with outstanding balances, we reserve the right to delay delivery/planting or (for commercial orders) cancel the order (forfeiting the deposit) if payment is overdue by 14 days.

5. Delivery & Collection

• Delivery Options:
  • Local Delivery (within 30 miles of nursery): Available for all live plants (including mature trees) and products. Timelines: 1–3 business days for in-stock items, 5–7 business days for pre-ordered/seasonal plants. Fees: $30–$100 (based on order size; free for orders over $300). Our team will place plants in your desired location (yard, porch, indoor space) and remove packaging. For mature trees (over 8 feet tall), delivery includes gentle placement via small crane (no lawn damage guaranteed).
  • Long-Distance Shipping (30+ miles): Available for small/medium live plants (saplings, succulents, indoor plants) and non-perishable products. Plants are shipped via insulated, climate-controlled carriers (FedEx/UPS) to protect against extreme temperatures. Timelines: 3–5 business days. Fees: $20–$80 (based on weight/distance). We do not ship mature trees or large shrubs long-distance (risk of damage to roots/foliage).
  • In-Person Collection: You may collect orders from our nursery during business hours (9 AM–5 PM, Monday–Saturday). We will load plants/products into your vehicle (assistance provided) and provide a final health check before you leave.
• Delivery Requirements: You must be present (or designate an adult representative) at the time of delivery/collection to accept the order. If no one is available, we will leave a notice and re-deliver the next business day (additional $25 re-delivery fee applies). For live plants, we will not leave orders unattended for more than 1 hour (risk of wilting in extreme weather).
• Damage Claims: Inspect live plants and products immediately upon delivery/collection. For live plants: Note any signs of damage (broken branches, severe wilting, root rot) or pest/disease on the delivery receipt, take clear photos (of the plant, packaging, and damage), and notify us within 24 hours (for local delivery) or 48 hours (for long-distance shipping). We will replace damaged plants free of charge (including re-delivery) or issue a full refund. For non-plant products: Report damage within 7 days—we will replace or refund defective items. Failure to report damage within these windows voids our responsibility for replacement.

6. Planting & Maintenance Services

• Planting Services: Our certified team provides professional planting for outdoor plants/trees. Service scope includes: digging the correct-sized hole (twice the width of the root ball), amending soil with compost (included), planting at the proper depth (no burying of trunks for trees), mulching (2–3 inches of organic mulch), and initial watering. Fees: $50–$200 (based on plant size; $50 for small shrubs/saplings, $200 for mature trees). Planting does not include major site preparation (e.g., removing rocks, grading soil)—additional fees apply for such work (quoted upfront).
• Maintenance Services: We offer optional ongoing maintenance (weekly/monthly) for residential/commercial plants, including pruning, fertilizing, pest control (organic methods preferred), and watering. Services are outlined in a signed Maintenance Agreement (with frequency, scope, and fees). We guarantee maintenance work will be performed in accordance with industry best practices; we are not liable for plant decline caused by factors outside our control (e.g., drought, disease outbreaks).
• Service Warranties: Planting services include a 6-month warranty—if a plant dies due to improper planting (e.g., incorrect depth leading to root rot), we will re-plant a replacement plant of equal value free of charge. Maintenance services include a 30-day warranty on work quality (e.g., if pruning causes unintended damage, we will repair the plant at no cost).

7. Returns & Refunds

• Live Plants:
  • Eligible returns: Live plants may be returned within 7 days of delivery/collection if they are defective (dead on arrival, pest-infested, or diseased—verified by our horticulturist). Returns require the original packaging, care guide, and proof of purchase.
  • Non-eligible returns: Plants that decline due to improper care, seasonal changes, or post-delivery damage (e.g., broken branches from storms) are not eligible for return. Customized/mature trees and bulk commercial orders are non-returnable (due to their unique nature and limited resale value).
  • Refund process: Approved returns will receive a full refund (minus original delivery/planting fees) or a replacement plant (your choice). You are responsible for return shipping/transport costs (unless the plant was defective).
• Plant-Related Products:
  • Unopened/unused products (soil, pots, tools) may be returned within 30 days of purchase for a full refund (minus shipping fees). Opened/used products (e.g., half-empty fertilizer bags, damaged pots) are non-returnable unless defective.
• Services: Consultation and site analysis fees are non-refundable once the service is performed. Planting/maintenance services may be canceled up to 24 hours before the scheduled service for a full refund; cancellations with less than 24 hours’ notice incur a 50% service fee.
• Refund Timelines: Refunds are processed within 7–10 business days after we receive and inspect the returned item or confirm service cancellation. Funds will be credited to the original payment method.

8. Limitation of Liability

• We are not liable for indirect damages including (but not limited to): loss of enjoyment (e.g., a flowering plant failing to bloom), reduced property value (e.g., a tree not growing as expected), or costs of replacing plants damaged by third parties (e.g., lawn care services). Our total liability for any claim (whether due to defective plants, service errors, or delivery delays) shall not exceed the total amount paid for the affected Products/Services.
• We are not responsible for plant damage caused by events beyond our control, including natural disasters (hurricanes, wildfires), extreme weather, power outages (affecting indoor plant lighting), or acts of vandalism/theft.

9. Governing Law & Disputes

• These Terms are governed by the laws of the State of Oregon (our nursery location). Any disputes arising from these Terms or your purchase shall first be resolved through good-faith negotiation between you and our customer service team. If negotiation fails, disputes will be settled via binding arbitration in Portland, OR (in accordance with the rules of the American Arbitration Association) rather than through litigation.