Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Plants
Deciduous trees are shipped bare root, and can only be shipped in the Fall through the Spring per Agricultural Restrictions. Dormant means the trees will not have any leaves on them and not in an active state of growth. In this stage it is easy to assume the plants appear “dead” but they are not if you peel back just a small amount of the bark to reveal the cambium you will see it is green and very much healthy. Planting deciduous trees during the dormancy period is the best and increases the survival rate, putting far less stress upon the plant than if it was in an active state of growth.


Shipping
We ship Monday through Friday all year round except the deciduous items as described above. The normal shipping time is 7 to 10 business days from the order date, but if deciduous items are ordered out of season this will delay the shipment until all items can be shipped. If you would like to split the order we can do this but you will have to pay an additional UPS shipping charge (minimum of $20.00). We use UPS as our common shipping carrier, and if you have any order that arrive damaged do not refuse the delivery contact us immediately and we will file a claim and re-ship the item ASAP.


Warranty
All items ordered carry a one year guarantee from when the order was delivered. Please fill out the short Replacement Application and return notifying us of the claim with a check for the cost of shipping the new plants to you (minimum $20.00). The shipping cost is calculated simply by taking the total cost of plants needing to be replaced and multiply by .25 to get the shipping cost.

I.E. 142.50 (Cost of Plants needing replaced) x .25 = $35.63 (cost of shipping replacement plants)

The cost of the plants are the only thing that is covered by the warranty not the cost of shipping, if plants are to be shipped this is a cost to be covered by the customer.


Modification and Order Cancellation
Orders can be canceled or modified any time until the order has been shipped at this time we have a no cancellation policy. If you would like to cancel the order you will need to return the merchandise at your expense to properly cancel the order. If you have any discrepancies with the shipping all claims should be made with Prepper Gardens with 48 hours and we will get them rectified immediately.


Minimum Order
The minimum order is $50.00 plus the cost of shipping 25% of the total plant cost, with a minimum of $20.00.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Prepper Gardens. The collective work includes works that are licensed to Prepper Gardens. Copyright 2003, Prepper Gardens ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Prepper Gardens or purchasing Prepper Gardens products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Prepper Gardens or to purchase Prepper Gardens products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Prepper Gardens. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Prepper Gardens used in the site are trademarks or registered trademarks of Prepper Gardens


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Prepper Gardens disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prepper Gardens does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Prepper Gardens does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Prepper Gardens shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Prepper Gardens has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Prepper Gardens product is mistakenly listed at an incorrect price, Prepper Gardens reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Prepper Gardens reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Prepper Gardens shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Prepper Gardens without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Prepper Gardens may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Prepper Gardens.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Prepper Gardens products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Prepper Gardens products) must be commenced within one (1) year after the claim or cause of action arises. Prepper Gardens's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Prepper Gardens may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Prepper Gardens or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Prepper Gardens does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Prepper Gardens is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Prepper Gardens reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Prepper Gardens in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Prepper Gardens, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Prepper Gardens may link to sites operated by third parties. However, even if the third party is affiliated with Prepper Gardens, Prepper Gardens has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prepper Gardens. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prepper Gardens seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).