Terms of service

Overview

This website is operated by Fernclay. Throughout the site, the terms "we", "us" and "our" refer to Fernclay. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms and policies referenced herein. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms of this agreement, you may not access the website or use any services.

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of these Terms will result in an immediate termination of your Services.

Products and pricing

Our products are live plants and horticultural goods. Because they are living, natural variation in size, shape, color, and leaf count is expected — the plant you receive will be similar to, but not identical to, the plant pictured. Product images are representative.

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time. We have made every effort to display product colors accurately, but we cannot guarantee that your screen's display will be accurate.

We reserve the right to limit the quantities of any products we offer and to refuse any order you place with us. In the event we change or cancel an order, we will attempt to notify you at the email address provided at the time of purchase.

Accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

Plant care and suitability

Care information provided on our listings and care pages is general guidance only and is not a guarantee of results. Growing conditions vary by home. Some plants are toxic to pets and people if ingested; where we are able, we note pet safety on the listing, but you are responsible for confirming a plant's suitability for your household. Fernclay is not liable for any harm resulting from ingestion of or contact with plants purchased from us.

Returns and shipping

Purchases are subject to our Refund Policy and Shipping Policy, which are incorporated into these Terms by reference.

Third-party links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

Prohibited uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to infringe upon our intellectual property rights or those of others; to harass, abuse, or discriminate; to submit false or misleading information; to upload or transmit viruses or any code that will affect the functionality of the Service; to collect or track the personal information of others; to spam, phish, or scrape; or to interfere with the security features of the Service.

Disclaimer of warranties; limitation of liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

The Service and all products delivered to you through the Service are provided "as is" and "as available" except as expressly stated by us. In no case shall Fernclay, our directors, officers, employees, or suppliers be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service. Where jurisdictions do not allow such limitations, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Fernclay and our affiliates, partners, officers, employees and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Louisiana, United States.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.