Terms & Conditions
Welcome to Pine Ridge Nursery. These Terms and Conditions ("Terms") govern your use of our website (if applicable), purchase of plants, and use of our services. By accessing our website, placing an order, or utilizing our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. General Conditions
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Agreement: These Terms constitute a legally binding agreement between you (the customer) and Pine Ridge Nursery ("we," "us," or "our").
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Changes to Terms: We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website (if applicable) or by otherwise providing notice. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of those changes.
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Eligibility: By agreeing to these Terms, you represent that you are at least the age of majority in the State of Washington.
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Refusal of Service: We reserve the right to refuse service to anyone for any reason at any time.
2. Products and Services
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Product Availability: All products and services are subject to availability. While we strive to maintain accurate inventory, unforeseen circumstances (e.g., crop failures, severe weather) may impact availability. We reserve the right to discontinue any product at any time.
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Product Description: We make every effort to display the colors, sizes, and general appearance of our plants as accurately as possible. However, as living organisms, plants naturally vary. The images and descriptions on our website or provided by our staff are for illustrative purposes and may not precisely match the plant you receive.
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Pricing: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any service or product (or any part or content thereof) at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
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Quality: We are committed to providing high-quality, healthy plant material at the time of delivery or pickup. Our Legal Disclaimer, which is incorporated into these Terms, outlines the limitations of our guarantee regarding plant growth and survival after leaving our care.
3. Orders, Payments, and Cancellations
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Order Acceptance: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
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Accuracy of Billing and Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made through Pine Ridge Nursery. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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Payment: All payments must be made in full before plants are released for delivery or pickup. We accept [list accepted payment methods, e.g., major credit cards, debit cards, bank transfers].
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Order Changes and Cancellations: Requests for order changes or cancellations must be made as soon as possible by contacting us at [phone number/email]. Orders that have already been prepared for delivery, picked up, or are in route cannot be changed or canceled. A restocking fee may apply to canceled orders, particularly for specialized or large quantities.
4. Delivery and Pickup
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Delivery Area: As stated in our Shipping Policy, we currently only offer delivery services within the Tri-Cities, Washington area (Kennewick, Pasco, and Richland).
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Delivery and Pickup Terms: Our specific delivery schedule, fees, process, and inspection requirements are detailed in our separate Shipping Policy, which is incorporated into these Terms. By agreeing to these Terms, you also agree to the terms outlined in our Shipping Policy.
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Inspection Upon Receipt: You are solely responsible for inspecting all plants immediately upon delivery or pickup. Any claims of damage, incorrect items, or concerns regarding plant health must be reported to Pine Ridge Nursery within 24 hours of receipt. Failure to do so may result in the forfeiture of your right to a replacement or refund for those items. You must provide photographic evidence for any reported issues.
5. Returns and Refunds
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Our Return and Refund Policy, separate from these Terms, governs all returns and refunds. By agreeing to these Terms, you acknowledge and agree to the provisions set forth in our Return and Refund Policy.
6. Intellectual Property
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All content on our website, including text, graphics, logos, images, and software, is the property of Pine Ridge Nursery or its content suppliers and protected by United States and international copyright laws.
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The Pine Ridge Nursery name and logo are trademarks of Pine Ridge Nursery. You may not use our trademarks or trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pine Ridge Nursery.
7. Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINE RIDGE NURSERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PRODUCTS PURCHASED. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PINE RIDGE NURSERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PINE RIDGE NURSERY LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PINE RIDGE NURSERY FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
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Washington State Consumer Protection Act: These Terms are intended to be consistent with and not to limit any non-waivable rights or remedies you may have under the Washington State Consumer Protection Act (RCW 19.86) or other applicable consumer protection laws.
8. Indemnification
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You agree to indemnify, defend, and hold harmless Pine Ridge Nursery, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms.
9. Governing Law and Dispute Resolution
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Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
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Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of Pine Ridge Nursery's products or services shall be resolved exclusively in the state or federal courts located in Benton County, Washington. You hereby consent to the personal jurisdiction of such courts.
10. Severability
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If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
11. Entire Agreement
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These Terms, together with our Shipping Policy, Legal Disclaimer, and Return and Refund Policy, constitute the entire agreement between you and Pine Ridge Nursery concerning your use of our services and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
12. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Pine Ridge Nursery
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