Term and Conditions

Welcome, fellow gardener, to Hirts Gardens Store. These Terms and Conditions (“Terms”) govern your access to and use of our website, plantsgardenonsale.com, and your purchase of plants, bulbs, garden products, and related items (“Products”). By accessing our site or placing an order, you agree to be bound by these Terms. Please read them carefully, as they outline the mutual responsibilities in our shared gardening journey.

1. Our Garden Community: Understanding Our Relationship

Hirts Gardens Store is an online nursery dedicated to bringing growth, beauty, and a connection with nature to Indoor Plant Parents, Aspiring Homesteaders, and Landscape Artists worldwide. Our website reflects a nurturing, supportive, and educational style, focused on helping you succeed in your gardening endeavors. We operate from our nursery to serve customers in most global regions, excluding certain remote areas and parts of Asia as determined by our shipping carriers.

2. User Obligations and Responsibilities

By using our website and services, you agree to:

• Provide Accurate Information: Ensure all account and order details (including shipping address and contact information) are complete, accurate, and current.
• Authorized Use: Use the website only for lawful purposes and in accordance with these Terms. You may not use our site in any way that could damage, disable, or impair its functionality.
• Account Security: Maintain the confidentiality of your account credentials and accept responsibility for all activities under your account.
• Compliance with Laws: Comply with all applicable local, state, national, and international laws and regulations regarding your use of our site and the receipt of live plants or agricultural products.
• Age Requirement: Confirm you are at least 18 years of age or the age of majority in your jurisdiction to place an order.

3. Product and Service Description

3.1 Product Range

We specialize in living, seasonal, and perishable goods, including but not limited to:

• Amaryllis & Indoor Plants: For indoor beautification and care.
• Bulbs & Fall Planted Items: Seasonal bulbs requiring specific planting times.
• Fruit & Berry Plants, Vegetables & Herbs: For edible gardening and homesteading.
• Perennials, Trees & Shrubs: For landscape and garden establishment.
• House Plants, Garden Products, and Pottery: To complement your green spaces.

We strive for accurate descriptions and photography. However, natural variations in color, size, and eventual growth are inherent to living plants and are not considered defects.

3.2 Service Area and Limitations

We ship to most regions globally, excluding certain remote locations and parts of Asia. It is your responsibility to check if your location is serviceable before ordering. We are not liable for orders placed to unsupported addresses.

4. Orders and Payment Terms

4.1 Order Process

Placing an item in your cart does not reserve it. An order is only confirmed once we send you an order confirmation email after payment processing. We reserve the right to refuse or cancel any order for reasons including, but not limited to, product availability, errors in pricing, or suspected fraudulent activity.

4.2 Pricing and Payment

All prices are listed in US Dollars (USD). We accept secure payments via: Visa, MasterCard, JCB, and PayPal. You authorize us to charge the total amount (including shipping and applicable taxes) to your selected payment method. Payment must be completed in full before order processing begins.

4.3 Shipping and Delivery

• Processing: Orders are processed within 1–2 business days after payment confirmation.
• Shipping Methods:
  • Standard Shipping ($12.95): Shipped via DHL or FedEx. Estimated delivery within 10–15 business days after dispatch.
  • Free Shipping (Orders over $50): Shipped via EMS. Estimated delivery within 15–25 business days after dispatch.
• Delivery Estimates: All delivery times are estimates. Delays may occur due to customs, weather, carrier issues, or local regulations. We are not liable for delays once the carrier has taken possession of the shipment.
• Receipt of Order: It is your responsibility to receive the shipment. Please inspect packages upon delivery. Report any visible carrier damage to the delivery driver and contact us immediately.

5. Returns, Exchanges, and Refunds

Our policy is designed with clarity and respect for the living nature of our products. Please see our detailed Shipping & Returns page for full information. Key terms include:

• Timeframe: Contact us within 15 days of receiving your order.
• Condition: Items must be in original, resalable condition, unplanted, and in original packaging where possible.
• Non-Returnable Items: Due to their perishable nature, certain items cannot be returned once shipped or if they show signs of being planted or altered (e.g., bulbs removed from packaging, fruit plants placed in soil).
• Process: You must contact us at [email protected] for authorization before returning any item.
• Refunds: Refunds are issued to the original payment method within 5-10 business days after we approve the return, plus additional processing time by your financial institution. Original shipping costs are non-refundable unless the return is due to our error.

6. Intellectual Property

All content on this website, including text, graphics, logos, images, photographs, and software, is the property of Hirts Gardens Store or its content suppliers and is protected by United States and international copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. The “Hirts Gardens Store” name and logo are trademarks of our company.

7. Limitation of Liability

Hirts Gardens Store and its affiliates will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or related to your use of the website or products purchased, including but not limited to loss of profits, data, or anticipated plant growth.

Our total liability for any claim related to your order or these Terms shall not exceed the total amount you paid for the specific product(s) giving rise to the claim. This limitation applies to the fullest extent permitted by law.

8. General Provisions

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
• Changes to Terms: We reserve the right to update these Terms at any time. The effective date will be posted at the bottom of this page. Continued use of the site after changes constitutes acceptance of the new Terms.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Contact: For questions regarding these Terms, please contact us using the information below.

Thank you for trusting us with your green dreams. We are honored to be part of your gardening journey.