Terms of service
TERMS AND CONDITIONS
My Patio Tree LLC
1. General Overview
These Terms and Conditions ("Terms") govern your use of My Patio Tree LLC's website and the purchase of products through it. By accessing this website or placing an order, you agree to be legally bound by these Terms. If you do not agree, you must not use this website or purchase products. These Terms constitute the entire agreement between Vendor and the user regarding the subject matter herein, superseding any prior agreements or understandings.
2. Orders and Acceptance
All orders placed through My Patio Tree LLC’s (“Vendor”) website are subject to Vendor’s acceptance and Vendor reserves the right to refuse or cancel any order for any reason at its sole discretion. This includes, but is not limited to, errors in pricing, inaccuracies in product descriptions, or unavailability of stock. Receipt of an email confirmation after order placement does not constitute acceptance of the order. Vendor retains the right to verify the accuracy of order and payment details prior to acceptance. An order is deemed accepted only when it has been dispatched for delivery.
3. Pricing and Payment
All prices displayed on the website are in USD and are subject to change without notice. Vendor is not liable for any pricing, typographical, or other errors. Taxes, shipping fees, and handling charges are additional costs calculated at checkout and are the responsibility of the customer. Payment must be completed at the time of purchase through accepted methods. Orders are not processed until payment is verified. Unauthorized payment methods or chargebacks may result in order cancellation and/or legal action.
4. Shipping and Delivery
Vendor ships exclusively within the contiguous United States and does not deliver to Alaska, Hawaii, or PO Boxes. Shipping times may vary depending on carrier availability, weather conditions, and demand. While Vendor will make reasonable efforts to ensure timely delivery, Vendor is not liable for delays or disruptions caused by third-party carriers, inclement weather, or other factors beyond its control. Once an order leaves Vendor’s facility, all risks, including loss, damage, or delay, pass to the customer. Customers must ensure that someone is available to receive shipments, as Vendor is not liable for damage to products left unattended, particularly for perishable items such as plants. Claims for damage or loss during transit must be directed to the carrier.
5. Guarantee and Warranty
We offer a 30-day guarantee for all plants purchased through our website. This guarantee covers plants that fail to establish under proper care conditions within the specified timeframe. It does not cover issues caused by improper planting, neglect, pests, weather conditions, or growing outside recommended USDA zones. Customers must follow provided planting and care instructions. Claims under this guarantee must be submitted within 5 days of delivery to info@mypatiotree.com and must include photographs of the plant in its planted environment. If our team determines, upon reviewing your photos, that your plant qualifies for a one-time replacement within the 30-day guarantee period, we will credit your account for the amount that you paid for the plant/tree. However, shipping and delivery expenses for the replacement are not covered under the 30-day guarantee and will be the customer's responsibility. No other warranties, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are provided.
6. Returns and Refunds
Living products, such as plants and trees, are non-returnable due to their perishable nature. For non-living products, we offer a 30-day return window from the date of delivery. To qualify for a return, items must be in their original, unused condition and include all original packaging and components. Customers are responsible for return shipping costs, and we strongly recommend using a trackable shipping method to ensure the safe return of the item. Refunds exclude original shipping fees and may take up to 30 business days to process. Vendor reserves the right to deny returns that do not meet these conditions.
7. Product Information and Variability
All product descriptions and images on the website are provided for informational purposes and may not perfectly represent the item you receive. Information provided for each product, including but not limited to plant care, planting instructions, watering requirements, sunlight exposure, bloom time, and deer resistance, is based on general guidelines and may not account for the specific variations encountered in different species, climates, locations, and weather conditions. These factors can significantly influence the particular needs and behavior of each plant. Customers must consider the unique environmental conditions of their region when applying the provided guidance, as local climate and weather patterns play a pivotal role in a plant's health and performance. Plants naturally vary in appearance and size, and seasonal changes may affect their condition. Dormant plants, for example, may exhibit leaf loss or discoloration, which is normal and does not indicate poor health. Customers are responsible for researching whether a specific plant is suitable for their growing conditions and USDA hardiness zone.
8. Canceling or Modifying Orders
Orders may be canceled or modified within 2 hours of placement by contacting our customer service team at info@mypatiotree.com. After this window, cancellations or modifications may not be possible as orders may already be processed for shipment. If your order is eligible for cancellation or modification after this timeframe, in Vendor’s sole discretion, a restocking fee of 25% may apply. Once an order has been shipped, it cannot be canceled or altered.
9. Limitations of Liability
Vendor's liability is strictly limited to the purchase price of the product in question. Under no circumstances is Vendor responsible for consequential, incidental, or punitive damages, including but not limited to lost revenue, lost profits, or loss of use. Vendor is not liable for damage or loss caused by improper planting, neglect, environmental factors, pest infestations, or any other circumstances beyond Vendor’s reasonable control.
10. Acceptance of Risk
By accepting delivery of the products, you acknowledge and agree that continued use, care, or maintenance of the products constitutes acceptance of all associated risks, including but not limited to risks related to product performance, suitability, and environmental factors. Vendor disclaims any liability for damages, injuries, or losses that may arise from any use, improper handling, or failure to follow care or safety instructions provided with the products.
11. Disclaimer
Vendor is not responsible for any indirect, incidental, or consequential damages arising from the use of its products. This includes, but is not limited to, safety risks associated with planting trees or other products in inappropriate locations, such as near structures, power lines, or areas prone to flooding or erosion. Customers are solely responsible for ensuring that the chosen planting site and ongoing maintenance comply with all applicable local laws, safety regulations, and environmental guidelines. By purchasing and using Vendor’s products, you assume full responsibility for any such risks and agree to indemnify and hold Vendor harmless from any claims, damages, or liabilities resulting from your use of the products.
12. Indemnification
By using this website or purchasing products, you agree to indemnify, defend, and hold Vendor harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from your breach of these Terms, misuse of the website, or failure to follow product guidelines.
13. Force Majeure
Vendor is not responsible for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, labor strikes, supply chain disruptions, or governmental actions.
14. Intellectual Property
All content on this website, including but not limited to text, images, logos, and product descriptions, is the property of Vendor or its licensors and is protected by copyright, trademark, and other applicable laws. Unauthorized reproduction, distribution, or use of this content is strictly prohibited.
15. Privacy and Data Use
Your use of this website constitutes consent to the collection and use of your personal information. Information collected during your visit, including name, address, email, and payment details, will be used to process your order and provide customer service. We do not sell or share personal information with third parties except as necessary to fulfill your order or as required by law.
16. Prohibited Activities
You are prohibited from using this website for any unlawful purpose, including but not limited to the transmission of harmful or malicious code, unauthorized access to our systems, or the resale of our products without prior authorization. We reserve the right to terminate access to our website and services for any user found to be in violation of these Terms.
17. Governing Law and Dispute Resolution
These Terms and all transactions conducted through our website are governed by the laws of the State of Oregon. Any disputes shall be resolved through binding arbitration in Marion County, Oregon.
18. Amendments to Terms and Conditions
Vendor reserves the right to amend these Terms at any time without prior notice. Changes will be effective upon posting on its website. Continued use of the website following any changes constitutes acceptance of the revised Terms.
19. No Waiver
Failure by Vendor to enforce any provision of these Terms shall not constitute a waiver of its rights to enforce such provision or any other provision in the future.
20. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
21. Contact Information
If you have any questions about these Terms, please contact us using the information below.
Email: info@mypatiotree.com
*By accessing this website or placing an order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.