Terms of Service

Terms of Service for The Patio Garden

Healthy Plant Guarantee

By placing an order with The Patio Garden, you agree to the following terms: We guarantee that your plants will arrive in healthy and vibrant condition. If you are unsatisfied with the condition of your plants upon receipt, we offer a one-time replacement at no additional cost. Our Healthy Plant Guarantee covers any issues with your plants within the first 30 days of receipt. To request a replacement, please contact us via email at [email protected], and our team will assist you. Photos may be required for review purposes.

Please note that plants require proper care and acclimatization to their new environment. If plants are not provided with the necessary care or are purchased outside of the recommended growing zones, the Healthy Plant Guarantee will not apply. Additionally, if you purchase plants during dormancy periods (e.g., deciduous trees in winter) and they do not emerge from dormancy by May 30th, we will still honor a replacement request if it is made by the end of May.

Order Cancellation

Once your order is confirmed and payment processed, it is immediately fulfilled. Due to the quick processing time, cancellations must be made within 4 hours of placing the order. After the order is processed or shipped, it cannot be altered or canceled. If you request a cancellation after your order is processed but before shipping, a 25% restocking fee will apply. For any inquiries, please contact us at [email protected].

Accidental Duplicate Orders

If you accidentally place duplicate orders, please notify us immediately. While we do our best to identify such errors, it is the customer’s responsibility to inform us so we can resolve the issue promptly.

Shipping

We ship our products via USPS or UPS, depending on the size and weight of your order. Please allow up to 72 hours for order processing before shipment. Shipping costs are calculated based on the total weight and volume of your items.

We strive to achieve a 95% accuracy rate for shipping dates, but occasional delays may occur due to external factors, including weather conditions. If delays affect the shipment of your plants, we will notify you and adjust the shipping date to ensure the health and safety of your plants.

Spring Shipping

Certain plants are sensitive to cold temperatures and should only be shipped during milder months. If the product page specifies that an item is spring-shipped, it will be shipped during the appropriate season. Some northern regions may only accept shipments during spring, which will be noted on the product page. If you wish to delay shipping, please contact us at [email protected] to arrange a preferred delivery time.

Damaged Shipments

While we take great care in packaging your order, damages can occasionally occur during transit. If your package arrives damaged, please refuse the shipment. The carrier will return the damaged package to us, and we will send a replacement. Do not attempt to plant a damaged item. Please notify us immediately to resolve the issue.

Payment

We accept major credit cards and PayPal for online orders. Payments are securely processed using SSL encryption to protect your information. Your order will only be processed once payment has been successfully received.

Returns

Due to health and safety concerns, we do not accept returns for plants and trees. However, our Healthy Plant Guarantee covers any issues within the first 30 days. If you have concerns about your plants, please contact us by email at [email protected].

Customers are responsible for return shipping costs, and no restocking fee is applied.

Is My Plant Alive?

To determine if your plant is alive, perform a simple scratch test. Gently scratch the bark with a coin or fingernail. If the layer underneath is green, your plant is alive. If it is brown or black, it may be dead. Keep in mind that plants may enter dormancy during fall and winter, which can make them appear inactive, but they should recover with proper care when warmer temperatures return.

Mother Nature Disclaimer

While we strive to provide high-quality plants, we cannot control environmental factors such as extreme weather, pests, drought, or soil conditions that may affect the health of your plants. Plants are living organisms, and while we guarantee the health of your plants upon arrival, we cannot guarantee their survival due to factors beyond our control.

Dormant Plants and Trees

Many plants and trees go dormant during the fall through early spring, resulting in leaf loss or discoloration. This is normal and helps the plants conserve energy for future growth. We do not accept claims for plant loss until adequate time has passed for dormant plants to acclimate and show signs of new growth.

Incorrect Orders

If you receive a mislabeled plant, we will replace it free of charge. Please send us photos of the mislabeled item, and we will process the replacement.

Growth Rates

Growth rates listed on our site are based on ideal growing conditions. Please note that individual results may vary based on care and the environment provided.

Pot Sizes

The pot sizes listed on product pages refer to industry-standard trade gallon measurements, which may differ slightly from conventional gallon sizes. Some plants may be pruned or repotted before shipping.

Bulk Orders

Bulk orders will arrive in healthy condition, as described in the signed purchase agreement. However, bulk orders are not eligible for discounts or promotions, and all sales are final.

Coupons and Discounts

Only one coupon code can be used per order, and coupons cannot be combined with other offers. Coupons must be applied at the time of purchase.

Website Accessibility

We are committed to providing an accessible website in accordance with the Americans with Disabilities Act (ADA). If you have any suggestions for improving our website’s usability, please contact us at [email protected].

Privacy and Security Policy

We are committed to safeguarding your privacy. We will only use your personal information to process your order and communicate with you. We will never share your data with third parties unless required by law. All payment information is encrypted using SSL technology to ensure security during transactions.

Your submission of personal information is governed by our Privacy Policy.

Governing Law and Dispute Resolution

The laws of the United States will govern all matters related to your use of the site. Any disputes will be submitted to the jurisdiction of state and federal courts in the USA. The Patio Garden will not be liable for any damages exceeding the original purchase price. If The Patio Garden prevails in any legal dispute, we are entitled to recover attorney fees and legal costs.

Limitation of Liability

The Patio Garden will not be held responsible for any loss, damage, or injury resulting from the use of our products, including but not limited to failure to plant properly, improper care, or environmental conditions.

Changes to Terms of Service

We reserve the right to update or modify these Terms at any time. Your continued use of the website after any changes indicates your acceptance of the new Terms.

Last Updated: March 1st, 2025

Contact Information

For any questions regarding these Terms, you can contact us at:

Thank you for shopping with The Patio Garden!