Budget Plants Terms and Conditions

Budget Plants requires that every customer read this document in its entirety and agree to the conditions prior to purchase.

Please Note:

Budget Plants hereinafter called Company shall have the purchaser, hereinafter called Customer read and understand the following prior to making purchase.

General:

1) Company is not responsible for plant installation error for any reason by Customer and/or Customer’s contractor.

2) Company shall be released from all liabilities, which includes but is not limited to the following: 1. Liens placed upon property of the Customer. 2. Plant death for any reason. 3. Any damages or injuries to property or persons that may occur upon delivery of plant material or because of plant growth, such as but not limited to, root system, branching structure, fallen limbs, poisonous/toxic plants which may harm people or animals/pets, plants that may attract unwanted pests, insects, or animals, plants that cause allergies or attract insects/pests causing allergic reactions, or injury from spiky, pointed tips, and/or sharp parts of plants.

3) Company is not responsible for: 1. Any condition unsuitable for planting any plant species such as climate, sun/shade conditions, soil type, drainage of soil, etc. which may cause plant to become unhealthy, diseased, or parish. 2. Accuracy in description of plant material. Customer shall verify any and all information provided by Company regarding and plant material and their characteristics. 3. Timeliness of delivery. Customer shall be given a (4) four hour window for delivery time (if client asks for window). Company will make efforts to ensure plants are delivered in this time frame. However, if plants are not delivered in this window, it does imply that any discounts or refunds be given. 4. Plant death for any reason. 5. Company is not responsible for theft or damage of plants. 6. Information about the plant given on budgetplants.com. This information is deemed reliable but not guaranteed. Customer is encouraged to perform due diligence on plant characteristics prior to ordering. 7. Infringement on public or private right-of-way where plants may be set at the instruction of the Customer. Customer shall be held responsible for all citations or legal suits on this matter.

4) Pricing may vary and may change at any given time and without warning. Pricing provided on the website may not necessarily be current and is not guaranteed. Should pricing discrepancy arise after a Customer has ordered the item, Customer will be given the opportunity to get a full refund on the order, or pay the difference.

5) Company may provide a Materials Lien Release for plant material only if requested.

6) Trademarked names are used in the contents of this website without any intent of infringement of copyrights, trademarks, or patents.

Returns: The Budget Plants Send it Back Policy

Our return policy is dependent on two factors: (1) If the customer is on-site to inspect the plants upon delivery, or (2) if the customer is not on-site to accept the delivery.

If the customer is on-site to accept the order:

If Client deems the plant is in unacceptable condition upon delivery, they may simply not accept the plant and send it back with the driver and a refund will be given for that plant(s). Delivery fees will not be refunded unless all plants on the order have been damaged and are in unacceptable condition. If the entire order goes back and no plants are accepted by the Customer, then a full refund including delivery fees will be given.

If the customer is NOT on-site to accept the order:

Company will still deliver to Client’s specified address at the scheduled date without anyone present to accept the order. However, Client waives the right to inspect the plants prior to drop-off. This means that if there happens to be any items Client is unhappy with, Client would be unable to send it directly back with the driver of the delivery truck, and therefore would not be able to receive a refund at that time. If Client wishes to return any item, they may do so by scheduling pick up through Budget Plants customer service, but must pay a separate delivery fee. These fees will be based on the amount and size of items being returned.

Client may schedule return item pick-up within 48 hours after the drop off time. No refunds will be given for any reason beyond this time frame.

Delivery:

1. If Client wants a specific location (within Company’s acceptable parameters), Company will place the plants in this area. Client may specify where they wish the plants to go, such as, “in the driveway”, or “curb-side”. It is the responsibility of the Client to arrange for any city permits for drop locations of plant material that may infringe on city right-of-ways. Note that delivery persons are not authorized to deliver plants more than 10 (ten) feet from the delivery truck (or within a safe distance determined by driver) nor travel up/down any stairs, embankments, sloped areas, across uneven terrain, etc. Plant sizes 24” box and over are delivered and dropped directly off the lift gate of the truck. From there, it is the responsibility of the Owner to move plants to desired location. Delivery persons reserve the right NOT to deliver plants to any location in which they feel they may be harmed/injured or the items may be compromised.

2. Once plant material is delivered and accepted by the Customer, the plant(s) is the responsibility of the Customer to give proper care to the plant. For larger orders and heavier plants, it is recommended that Customer have a work crew on-site to move plants to a secure location as our delivery persons will not move plants farther than 10 feet from the delivery truck. For larger sizes, 24” box and over, plants will be dropped directly at the bottom of the lift-gate of the truck and not be moved beyond that by the delivery person. For these reasons, Customer is urged to be present during delivery.

3. Once delivery has been dropped, Company is not responsible for plant theft or damages of any kind, regardless of size or quantity. Customer is responsible for all items once drop has been made.

Out of Stock Materials:

1. Materials may be out of stock at any given time without notice. Should the Customer order material that is not available, they will be notified and have the option to cancel the order and get a full refund or accept the delivery without the backorder items. It may be several weeks for out-of-stock items to become available again. In rare cases, these items may not be available again.

Plant Material Sizing:

1. In some cases, Company shall provide the Customer with an estimated dimensions of the plant along with the photos provided on the website. Let it be noted that not every plant will come in at estimated size/shape and Customer can expect a reasonable variation. If customer is not satisfied with the plant, see policy regarding returns above.

Payments:

1. Company not responsible for any fraudulent activity using credit cards or payment processing centers through the website. Payment processing is a third party company.

2. In some instances, a Customer may pay with check (if acceptable by Company). Should the check come back ‘Non-Sufficient Funds’ (NSF), the Company may re-bill for the agreed upon amount plus an additional $40 for the returned check. Company may also bill maximum interest incurred legally permissible. Should payment not be resolved, Company may file a property lien and pursue maximum penalties.

Legal:

Should a case arise in which Company have a suit filed against it by Customer, and Company wins suit, Company may pursue compensation from Customer for any legal/court fees incurred during process.

Agree:

I, as the Customer, release Company of any claims, damages, and/or liabilities described above. I have read, understand and agree with these terms and conditions.”