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Privacy Policy
Personal information: Amanda's Native Garden is committed to maintaining your confidence and trust, and accordingly maintains the following privacy policy to protect personal information you provide online. It is our policy that personal information, such as your name, address, e-mail address and telephone number, is private and confidential. We do not provide this information to third parties. Amanda's Native Garden is committed to ensuring the privacy and accuracy of your confidential information. We do not actively share personal information gathered from our web servers.
Information from Amanda's Garden through our newsletter: Subscribing to the Amanda's Native Garden email newsletter entitles you to free newsletters. When you voluntarily provide us with personal information to sign up for e-mail newsletters, it is for use in sending newsletter only. You can also unsubscribe, since each e-mail we send you will include a description of the simple process to enable you to stop receiving future e-mails from us. Should you choose to 'unsubscribe' to Amanda's Native Garden newsletter, you will only receive communications from us via mail, telephone or e-mail as it pertains to your order.
Online purchases: To protect your privacy, we use PayPal and Square payment systems to process online purchases. This system uses Secure Socket Layers (SSL) for encryption and authentication of confidential information. Your sensitive information will never be stored on our website. If for whatever reason you wish not to enter personal information through our website, you may always contact us by phone at 585-750-6288.
Terms
Plant orders: Plants can be ordered directly through our online store, by phone or e-mail. Plants must be paid for before they ship unless prior approval has been given. The plants are shipped bare root and dormant. They can also be picked up potted. Shipping and handling and appropriate taxes will be added in the checkout process. New Native Plant Trust members, Wild Ones members and Lady Bird Johnson Wildflower Center members get a 10% discount on plants. Plants are shipped only bare root and dormant, usually April 1 to mid May and again Late September through November. They may be picked up year-round when they are accessible.
Shipping: All nursery stock is shipped at buyer's risk and expense from our nursery in Springwater, New York. We charge for packing materials at our cost. Unless given specific instructions we will ship by the method we think best. Large orders will be shipped either by our vehicle or common carrier. Delivery charge by our vehicle will be quoted at the time of ordering, and exact ship date will be coordinated with the customer. Orders shipped by common carrier are outside of our control once they leave the nursery, and Amanda's Garden assumes no responsibility for delays or damages incurred. If delivery is time sensitive, it is the buyer's responsibility to order and accommodate the delivery to meet their own schedules. Small orders will be shipped by USPS or UPS. Please note that UPS cannot deliver to P.O. boxes, and rural route deliveries require a complete address and nearest cross street. We ship in the growing season, whenever weather conditions allow. Please request a ship date when you order. We will try to ship on your requested date; however, ship dates are approximate and subject to weather and field conditions.
Receiving and acceptance: Nursery stock is perishable, plants are a living thing. All plant shipments received should be immediately unpacked and inspected on arrival and then placed in proper storage out of direct sunlight. If plants are not unpacked in the proper time, we are unable to guarantee your order. Any problems with the condition or quality or quantity of goods received should be brought to our attention immediately. For more info on when your plants arrive, click here for instructions on your plant arrivals.
Cancellations: Any cancellation or reduction by customer in quantity ordered by customer must be made in writing in email. Orders may be cancelled by Amanda's Native Garden due to late payments or shortage of stock. Once plants have been pulled for an order, any order changes requiring our returning plants to their normal locations will result in a 15% restocking fee. We require a one-week advance notice to cancel an order or any part thereof. Additions can be made at any time but may be shipped separately.
Returns: Your satisfaction is guaranteed. If you are not happy with any item for any reason, you may return it for an exchange or refund. Please let us know as soon as you receive an order if for any reason you are not happy with your order. Amanda's Garden reserves the right to refuse returns or exchanges because plant material is a perishable good and we have no control over the way it is handled after it leaves our possession.
Prices: Prices are in U.S. Dollars, are based on present market conditions, and are subject to change without notice. All prices are ex-warehouse at our production nursery in Springwater, New York.
Non-guarantee: As is customary in the nursery trade, nursery stock is sold "as is" without warranty, express or implied, as to quality, variety, description, productiveness, merchantability or results secured in planting or transplanting. Amanda's Native Garden cannot be held responsible for poor planting conditions, damage caused by severe weather such as drought, frost and wind, or damage from pest and disease after the plants have left the nursery. All nursery stock is offered for sale subject to crop yield and prior sale.
Contingencies: We reserve the right to prorate or cancel any order, in whole or in part, because of strikes, labor shortages, fire, frost, flood, drought, disease, casualty, errors in count, spoilage, or other circumstances beyond our control.
Limitation of liability: Amanda's Native Garden's maximum liability, whether contractual or for negligence or otherwise, is limited in amount to the amount paid Amanda's Native Garden for the purchase of the nursery stock under all circumstances and regardless of the nature, cause or extent of the loss.
Payment terms: Orders must be paid for in full before plants are shipped. Custom growing requires 30% down before growing begins or materials are ordered, and the balance is due upon delivery. Overdue accounts will be charged interest at the rate of 2% per month or an annual rate of 24% or the maximum allowable legal rate. Buyer assumes ownership and responsibility for goods at the time of shipment; however, Amanda's Native Garden retains a vendor's interest in all goods until such have been paid for in full.
Claims: Claims for any cause must be made in writing within 5 calendar days after arrival of goods, which period of time is expressly agreed to be reasonable. If buyer does not give such notice, buyer agrees to have irrevocably and unconditionally accepted the goods. Amanda's Native Garden furthermore will not consider any claim after nursery stock has been processed, improperly stored, planted, or otherwise treated, modified or used in any way. Claims for losses while goods are in transit must be filed by the buyer directly with the carrier.
Quotes: Quotes are based on availability as of the date quoted. Supply is not guaranteed beyond that date, and prices are subject to change without notice.
Severability: In the event that any part of these terms and conditions of sale is held to be illegal or unenforceable in any jurisdiction, the other parts shall nonetheless remain in full force and effect. By acceptance of the nursery stock from Amanda's Native Garden, the buyer acknowledges that the limitations and disclaimers herein described are the conditions of sale and that they constitute the entire agreement between buyer and seller.
Customer service: If you have any questions about a purchase or service provided by Amanda's Native Garden, please contact us directly.
Revised February 2021
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