Terms of Service

Please read these terms carefully

Last updated: 7/21/2025

Business-Specific Terms & Conditions

Conditions of Sale: All orders are accepted subject to crop failures or damage by natural causes and we reserve the right to refund all or any part of payment made. We keep varieties true to name and will replace on proper proof of anything that may be otherwise or refund original purchase price. Our replacement or refund guarantee shall constitute complete and full adjustment. to the growth or productivity. We give no warranty expressed or implied as to the growth or productivity. Prices: This is a wholesale price list based on present market conditions and subject to change without notice. All prices are F.O.B. Grundy County, Tennessee. Shipping: UPS transportation charges are to be paid by the customer, F.O.B. Beersheba, Tennessee. We will use the United Parcel Service as they have proven the fastest and most reliable. Please add 25% of the total order to cover shipping and handling. All others will be shipped collect. Waiver of Implied Warranties: WE ARE NOT RESPONSIBLE UNDER ANY CONDITIONS FOR THE LIVABILITY OR MERCHANTABILITY OF PLANTS THAT WE SHIP. Claims for shortages should be made in writing within 10 days. We do not assume responsibility for stock damaged after acceptance or in transit by common carrier. The prices in this list cancel all previous lists and are subject to change without notice. All sales and contracts are made subject to crop conditions and on condition that same shall be void should injury befall our stock from hail, fire, frost, error in count or other cause beyond our control. Payment: Orders may be placed with 50% deposit. Payment in full is required two weeks prior to desired shipping date or balance will be shipped COD. Phone orders must be confirmed by mail with signatures; all orders must be confirmed with deposit within two weeks of booking. OUR DISCOUNT TO YOU IS 2% FOR FULL PAYMENT WITH ORDER, AND WE URGE YOU TO TAKE ADVANTAGE OF THIS TO SAVE COD TROUBLE AND EXPENSE. ORDERS OF $500.00 OR MORE RECEIVE 5% DISCOUNT WITH PAYMENT IN FULL (TOTAL OF 7% WITH $ 500.00 OR MORE.) A FEE OF 3.99% FOR CREDIT OR DEBIT CARD PAYMENTS *ANY CHANGES IN ORIGINAL ORDER OR CANCELLATIONS MUST BE MADE 30 DAYS PRIOR TO SHIPMENT. Minimum order is $150.00 The parties hereto agree that any dispute arising out of the sale of these goods hall be arbitrated exclusively in the Chancery Court for Grundy County, Tennessee and the State of Tennessee shall be the forum for any and al litigation that may arise from any sale of goods by the seller. Either party not prevailing in such action shall liable to the prevailing party for reasonable attorney fees. NOTICE There will be a service charge or 1 1/2% per month on past due accounts after 60 days. *Minimum Shipping and Handling Charges: $42.50 Evergreen Wild Flowers Wild flowers that we list are classified as bulbs or roots. Before and during the time these Wild Flowers bloom, they will have to be shipped with the tops. Tops are removed after they have bloomed and will not come back up until the next spring. All Wild Flowers listed can be planted the year-round with good results. Be sure to take in consideration that plants should not be shipped when it is too hot or freezing weather. Bird Foot Violet, Cardinal Flower, Hepatica, Rattlesnake Orchid, Wild Ginger. The best shipping times on these are from late August to the first of April.

1. Acceptance of Terms

By accessing and using our website, mobile application, phone services, or any of our services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Description of Services

We provide various services including but not limited to:

  • Online ordering and payment processing
  • Phone ordering through AI-powered assistants
  • In-store self-checkout systems
  • Order tracking and status updates
  • Digital menu displays and ordering interfaces
  • Customer account management
  • Delivery and pickup services

3. Account Registration and Use

Account Creation

You may create an account to access certain features. You agree to:

  • Provide accurate and complete information
  • Keep your account information updated
  • Maintain the security of your password
  • Be responsible for all activities under your account
  • Notify us immediately of any unauthorized use

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these terms. You may not:

  • Violate any applicable laws or regulations
  • Interfere with or disrupt our services
  • Attempt to gain unauthorized access to our systems
  • Use our services for fraudulent purposes
  • Harass, abuse, or harm other users or our staff
  • Submit false or misleading information

4. Orders and Transactions

Order Placement

Orders may be placed through:

  • Our website or mobile application
  • Phone calls (which may be processed by AI assistants)
  • In-store self-checkout systems
  • Digital ordering interfaces

Order Confirmation

All orders are subject to acceptance and availability. We reserve the right to:

  • Refuse or cancel any order for any reason
  • Limit quantities on any item
  • Discontinue items without notice
  • Modify prices and availability

Order Accuracy

While we use AI technology and automated systems to ensure order accuracy, you are responsible for:

  • Reviewing your order before completion
  • Reporting errors immediately upon receipt
  • Providing clear and complete order information

5. Payment Terms

Payment Methods

We accept various payment methods as indicated during checkout. By providing payment information, you represent that:

  • You are authorized to use the payment method
  • All payment information is accurate and current
  • You will pay all charges incurred

Pricing and Fees

All prices are subject to change without notice. Additional fees may apply for:

  • Delivery services
  • Processing fees
  • Special requests or modifications
  • Applicable taxes

Refunds and Cancellations

Refund and cancellation policies vary by service type and timing. Please contact us for specific refund requests.

6. AI Services and Call Processing

AI Assistant Services

We use artificial intelligence to process phone orders and provide customer service. By calling us, you acknowledge that:

  • Your call may be handled by an AI assistant
  • Call transcription technology may be used for order processing
  • AI systems may make errors, and you should verify order details
  • Human oversight is available upon request

Call Consent

By placing a phone call to our business, you consent to:

  • Call transcription for order processing and service improvement
  • Use of your phone number for order-related communications
  • Processing of your order information through automated systems

7. Digital Services

Self-Checkout and Digital Ordering

When using our self-checkout or digital ordering systems:

  • Follow all posted instructions and guidelines
  • Verify your selections before completing transactions
  • Report any technical issues immediately
  • Do not attempt to circumvent payment systems

Order Tracking

We provide real-time order status updates when available. Status information is approximate and subject to change.

8. Privacy and Data Use

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Intellectual Property

All content on our website and services, including text, graphics, logos, and software, is our property or licensed to us and is protected by copyright and other intellectual property laws.

10. Third-Party Services

Our services may integrate with third-party providers for:

  • Payment processing
  • Delivery services
  • Mapping and location services
  • Communication services

Use of third-party services is subject to their respective terms and policies.

11. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid for the service
  • We do not guarantee uninterrupted or error-free service
  • AI and automated systems may contain errors or inaccuracies

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our services or violation of these terms.

13. Service Availability

We strive to provide continuous service but cannot guarantee:

  • Uninterrupted access to our services
  • Error-free operation of AI systems
  • Availability of all menu items or services
  • Specific delivery or preparation times

14. Modifications to Terms

We may modify these terms at any time. Changes will be effective when posted on our website. Your continued use of our services constitutes acceptance of modified terms.

15. Termination

We may terminate or suspend your access to our services at any time for violation of these terms or for any other reason at our discretion.

16. Governing Law

These terms are governed by the laws of the State of TN. Any disputes will be resolved in the courts of the State of TN.

17. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

If you have questions about these Terms of Service, please contact us:

  • Through our website contact form
  • By phone at the number listed on our contact page
  • By email at the address provided on our contact page
  • By mail at our business address

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.