TERMS OF WEBSITE USAGE. When placing an order at cactusstore.com buyer agrees to the following terms:
Plants and Seeds: Are guaranteed to arrive in good condition. Buyer has 14 days to return for full refund minus postage if not satisfied.
Seed Warranties: Phoenix Desert Nursery (the seller) warrants seed to be of the variety and quantity advertised. Seed is a live product which depends on many critical grower skills such as proper planting time, seed depth, type of soil, irrigation, proper use of fertilizers, weed controls, fungicides, insecticides, disease free soil, and acceptable weather conditions during the growing period. Germination is affected by such factors as temperature, moisture content, light intensity and contamination of planting media. These factors are totally out of the seller's control and are the buyer's responsibility and risk. Consequently, the seller cannot guarantee seed to perform properly regardless of conditions or the buyer's methods or mistakes.
Non-guarantee: All seeds are sold "as is" without warranty, expressed or implied, as to description and productiveness. Goods should be inspected upon arrival and claims for condition made at once. We cannot consider claims after seeds have been stored or planted. Purity and germination of seeds, when mentioned are for information only and without guaranty. We are specifically not responsible for low or no germination rate or the phenomenon of hybridization often unforeseen inspite of all the care taken in regard to selection of the seed source. It is expected that all seed is offered for sale contingent upon crop yield and prior sale.
Shipping : All plants and seeds shipped at Buyer's expense from our nursery in Phoenix AZ. Unless given specific instructions we will ship by the method we think best.
Receiving and Acceptance: Seed is perishable. All shipments are to be immediately and carefully unpacked and inspected on arrival and then placed in proper storage. Any problems with the condition or quality or quantity of goods received should be brought to our attention immediately. Quantity is indicated by shipping documents.
Claims: Claims for any cause must be made in writing within 14 days after arrival of goods, which period of time is expressly agreed to be reasonable. If the buyer does not give such notice, Buyer agrees to have irrevocably and unconditionally accepted the goods. Cactusstore.com furthermore will not consider any claim after seed has been cleaned, processed, improperly stored, planted, or otherwise treated, modified or used in any way. By acceptance of the seed, the buyer acknowledges that the conditions of sale and that the limitations and disclaimers herein described are the conditions of sale and that they constitute the entire agreement between buyer and seller. |