Terms of Service

Last Updated: December 30, 2024

Agreement to Terms

By accessing and using the IC Roots Nursery website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this site.

Use of Website

Permitted Use:

  • Browse and purchase plants for personal, non-commercial use
  • Contact us with inquiries about products and services
  • Sign up for our newsletter and communications
  • Access care guides and educational content

Prohibited Use:

  • Reselling plants without authorization
  • Using automated systems to access the website
  • Copying or reproducing content without permission
  • Attempting to interfere with website functionality
  • Providing false or misleading information
  • Violating any applicable laws or regulations

Orders and Payments

Order Acceptance:

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

Pricing:

All prices are in USD and subject to change without notice. We strive to ensure pricing accuracy, but errors may occur. If we discover an error in the price of a product you have ordered, we will contact you to confirm whether to proceed.

Payment:

Payment must be received in full before orders are processed. We accept major credit cards and other payment methods as displayed at checkout. All payments are processed securely through third-party payment processors.

Shipping and Delivery

We ship live plants throughout the United States, subject to certain restrictions based on destination, season, and weather conditions.

Shipping Terms:

  • Delivery times are estimates and not guaranteed
  • We may delay shipments due to extreme weather conditions
  • Some locations may have shipping restrictions
  • You must provide accurate shipping information
  • Someone must be available to receive the shipment

See our Shipping Policy for complete details.

Live Arrival Guarantee

We guarantee that all plants will arrive alive and in healthy condition when following our shipping guidelines.

Guarantee Terms:

  • Plants must be unpacked and inspected within 48 hours of delivery
  • You must contact us within 48 hours with photos of damaged plants
  • Guarantee applies only to plants in original packaging
  • Guarantee does not cover damage caused by shipping delays beyond our control
  • We will provide replacement or refund at our discretion

The guarantee does not cover plant decline after planting or due to improper care.

Returns and Refunds

Due to the living nature of our products, we handle returns on a case-by-case basis.

Eligible for Return/Refund:

  • Plants arriving dead or severely damaged (within 48 hours)
  • Wrong plant varieties shipped
  • Significantly different from description

Not Eligible for Return:

  • Plants declining after proper planting
  • Minor leaf damage or blemishes
  • Customer change of mind after shipment
  • Issues not reported within 48 hours

Refunds are issued to the original payment method within 7-10 business days.

Plant Health Disclaimer

While we take every precaution to ensure plant health, we cannot guarantee long-term survival or performance after delivery.

Factors Beyond Our Control:

  • Improper planting or care procedures
  • Unsuitable climate or growing conditions
  • Pest or disease issues after delivery
  • Extreme weather events
  • Soil quality at planting location

We provide care instructions and support, but ultimate success depends on proper care and suitable growing conditions.

Intellectual Property

All content on this website, including text, images, logos, graphics, and software, is the property of IC Roots Nursery and protected by copyright and trademark laws.

You May Not:

  • Reproduce or distribute our content without permission
  • Use our trademarks or branding without authorization
  • Create derivative works from our content
  • Remove copyright or proprietary notices

Limitation of Liability

To the maximum extent permitted by law, IC Roots Nursery shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Damages exceeding the amount paid for the product
  • Issues arising from factors beyond our reasonable control

Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless IC Roots Nursery from any claims, damages, or expenses arising from your use of our website, violation of these terms, or infringement of any rights of another party.

Dispute Resolution

We encourage you to contact us first to resolve any disputes. If we cannot reach a resolution, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You waive the right to participate in class action lawsuits or class-wide arbitration.

Governing Law

These Terms of Service are governed by the laws of the United States and the state in which IC Roots Nursery operates, without regard to conflict of law provisions.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after changes constitutes acceptance of the new terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact Information

If you have questions about these Terms of Service, please contact us:

IC Roots Nursery

Email: contact@icrootsnursery.net

General Inquiries: contact@icrootsnursery.net