Term and Conditions

1. Acceptance of Terms

By accessing, browsing, or purchasing from Fruit Garden Shop, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Shipping & Returns Policy, and our Privacy Policy. If you do not agree with any part, please do not use our website or services.

2. User Obligations and Responsibilities

As a valued member of our gardening community, you agree to:

• Provide accurate, current, and complete information during account creation and checkout.
• Use the website only for lawful purposes and not engage in any activity that may harm the site, its operations, or other users.
• Understand that our live plants are living organisms. You are responsible for providing appropriate care upon receipt, following any provided planting guides.
• Check your local agricultural and customs regulations regarding the import of plants and seeds. Fruit Garden Shop is not liable for items refused entry by your country’s authorities.
• Secure your account login credentials and notify us immediately of any unauthorized use.

3. Product and Service Description

We take great pride in the health and quality of our offerings. Our menu includes:

• Live Plants & Trees: Including Fruit (Apples, Apricots & Peaches, Berries, Cherries, Nuts), Ornamental & Coastal Trees, Shrubs (Evergreen, Native, Coastal), Climbers, Bamboos, Grasses, Groundcover, Bulbs, and Conifers.
• Gardening Supplies: Such as Feeds & Soil Enrichers.

We strive for accurate photographic and descriptive representation. However, slight natural variations in size, leaf color, or growth stage may occur. Seasonal availability applies. If a selected item becomes unavailable after your order, we will contact you promptly with alternatives or a refund.

Important Note on Live Plants: Due to their perishable nature, all sales of live plants are subject to our specific Returns Policy.

4. Orders, Payment, and Shipping Terms

4.1 Placing an Order

Adding an item to your cart is an invitation to treat. A contract is formed only when we send an order confirmation email after receiving your payment.

4.2 Pricing and Payment

All prices are in US Dollars (USD). We accept: Visa, MasterCard, JCB, and PayPal.
Prices are subject to change without notice. The price charged is the price valid at the time of order confirmation. You are responsible for any applicable import duties, taxes, or customs fees in your destination country.

4.3 Shipping Policy

We ship globally, excluding select remote regions and parts of Asia.

• Order Processing: 1-2 business days after payment confirmation.
• Shipping Methods:
  • Standard Shipping ($12.95 flat rate): Via DHL or FedEx. Estimated delivery: 10-15 business days after dispatch.
  • Free Shipping: For orders over $50, via EMS. Estimated delivery: 15-25 business days after dispatch.

Delivery times are estimates. Customs delays, weather, or local disruptions may impact final delivery. We pack all live plants with specialized care to ensure their health during transit.

5. Returns, Exchanges, and Refunds

Your satisfaction is our priority. Our detailed policy is part of these Terms.

• Return Window: 15 days from the date you receive your order.
• Condition: Items must be unused, in original packaging, and in resalable condition.
• Process: You must first contact us at [email protected] to obtain a Return Authorization Number (RAN). Returns shipped without an RAN may be refused.
• Refunds: Issued to the original payment method within 7-10 business days after we receive and inspect the return. Original shipping costs are non-refundable unless the return is due to our error.
• Non-Returnable Items:
  • Live Plants & Bulbs: Due to their sensitivity, they cannot be returned for change of mind. Returns are only accepted if the plant arrives dead or damaged. You must contact us within 48 hours of delivery with photographic evidence.
  • Opened or used products.
  • Items marked as “Final Sale.”

6. Intellectual Property

All content on this website—including text, graphics, logos, images, photographs, and software—is the property of Fruit Garden Shop or its licensors and is protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. The name “Fruit Garden Shop” and our curated collection names are trademarks of our business.

7. Limitation of Liability

Fruit Garden Shop is dedicated to providing the highest quality plants and service. However, our liability is limited as follows:

• We are not liable for any indirect, incidental, or consequential damages arising from your use of the website or products, including but not limited to loss of profits, data, or anticipated plant growth.
• Our total liability for any claim related to your order shall not exceed the total purchase price of the items in that order.
• We are not responsible for plant health, survival, or growth after delivery, as these are dependent on factors beyond our control (planting conditions, climate, care, etc.).
• We are not liable for delays in delivery caused by force majeure events (e.g., natural disasters, pandemics, strikes, customs holds) or inaccuracies in address information provided by the customer.

This limitation of liability is a fundamental part of the basis of the bargain between you and Fruit Garden Shop.

8. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [State, e.g., Alabama], United States, without regard to its conflict of law principles. Any dispute arising from or relating to these terms or your use of the site shall be subject to the exclusive jurisdiction of the state and federal courts located in Montgomery County, [State].

9. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the website after any changes constitutes your acceptance of the new terms.

10. Contact Us