Terms of service

OVERVIEW

Welcome to Elfland Nursery. The terms “we”, “us” and “our” refer to Elfland Nursery. Elfland Nursery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). This website is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ depending on your device and display settings.

We do not warrant that the appearance or quality of any products will meet your expectations or be identical to images shown on our website.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities at our discretion.

Additional clause specific to live plants and seeds:

Our products consist primarily of seeds for planting. As natural products, seeds may vary slightly in size, shape, and appearance. Germination and growth depend on environmental conditions such as light, temperature, soil, and care. We do not guarantee specific results, as successful growth depends on factors outside our control.

SECTION 3 - ORDERS

Placing an order constitutes an offer to purchase. Elfland Nursery reserves the right to accept or decline any order at its discretion. Orders are not accepted until payment has been received and processed.

We may be unable to accommodate cancellations after an order has been accepted. If changes or cancellations occur, we will attempt to notify you using the contact information provided.

Purchases are subject to our Refund Policy.

You represent that purchases are for personal or business use and comply with applicable laws and regulations.

SECTION 4 - PRICES AND BILLING

Prices are subject to change without notice. The price charged will be the price displayed at checkout.

Prices do not include taxes, shipping, customs duties, or import fees unless stated otherwise.

You agree to provide accurate billing and payment information and authorize us to charge your selected payment method.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other external factors.

Once an order has been transferred to the shipping carrier, risk of loss transfers to the customer.

Seeds are packaged carefully for shipping. Once an order has been transferred to the carrier, we are not responsible for delays, loss, or damage caused by the shipping provider or external conditions.

SECTION 6 - INTELLECTUAL PROPERTY

All content on this website, including text, images, graphics, and branding, is the property of Elfland Nursery or its licensors and is protected by applicable laws.

You may not reproduce, distribute, or use any content without prior written permission.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” without warranties. Use of such tools is at your own risk.

SECTION 8 - THIRD-PARTY LINKS

We are not responsible for third-party websites or content. Accessing such sites is at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

This website is powered by Shopify. However, all transactions are between you and Elfland Nursery. Shopify is not responsible for any aspect of purchases.

SECTION 10 - PRIVACY POLICY

Your personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy.

SECTION 11 - FEEDBACK

Any feedback submitted may be used by Elfland Nursery without restriction.

SECTION 12 - ERRORS AND OMISSIONS

We reserve the right to correct errors or inaccuracies and update information at any time without notice.

SECTION 13 - PROHIBITED USES

You may not use this website for unlawful or harmful purposes, including transmitting misleading information or violating laws.

SECTION 14 - TERMINATION

We may terminate access to our Services at any time if these Terms are violated.

SECTION 15 - DISCLAIMER OF WARRANTIES

All products and services are provided “as is” without warranties of any kind, to the fullest extent permitted by law.

SECTION 16 - LIMITATION OF LIABILITY

Elfland Nursery shall not be liable for any indirect or consequential damages arising from use of our Services or products.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Elfland Nursery and its affiliates from any claims arising from your use of the Services.

SECTION 18 - SEVERABILITY

If any provision is deemed unenforceable, the remaining provisions remain valid.

SECTION 19 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Elfland Nursery.

SECTION 20 - ASSIGNMENT

You may not transfer your rights under these Terms without consent.

SECTION 21 - GOVERNING LAW

These Terms shall be governed by the laws of the State of California, United States.

SECTION 22 - HEADINGS

Headings are for convenience only.

SECTION 23 - CHANGES TO TERMS

We may update these Terms at any time. Continued use constitutes acceptance of changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms may be sent to:

Elfland Nursery
20253 Elfin Forest Road
Escondido, CA 92029
United States

Email: info@elflandseeds.com
Phone: (760) 471-1464