The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
We do not sell, trade or make available customers personal information to other companies except the credit card company during the course of payment.
- Shipping & Delivery
At this time, Hawaiian Tropical Plant Nursery, LLC ships merchandise to all 50 US states but not to international locations. Nor does Hawaiian Tropical Plant Nursery, LLC ship to Puerto Rico, Guam or the US Virgin Islands. In the event that a Fedex shipment is damaged, you must contact us immediately. We will either file the claim with Fedex or assist you with claim filing. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the customer.
Credit Cards Are Not Charged Until We Are Ready to Ship the Plants or Seeds. Not all items are in stock at all times. We try to give an estimate in the product description of approximate shipping dates if an item is not ready to ship. In the spring, we hold orders until weather is warm enough to ship or until you advise us that it is warm enough to ship.
The Content included in this Web site is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. We make an effort to ensure that plants are correctly identified by botanical name. However, we sometimes offer rare plants or new introductions that may not be accurately identified to species. In some casesIN NO EVENT WILL Hawaiian Tropical Plant Nursery, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Hawaiian Tropical Plant Nursery, LLC tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. or service to ensure that the information you are relying upon is correct.
- Return Policy
All sales are final. If a shipment is damaged by Fedex you must contact us and Fedex immediately. Live plants and seeds may not be returned unless rejected by a state's Department of Agriculture or the USDA. If a rejection notice is received, we will send a new shipment or issue a refund. If plants or seeds are damaged during shipment, you must notify this company within 24 hours of receipt.
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Hawaiian Tropical Plant Nursery, LLC reserves the right to change its payment procedures at any time without prior notice to you.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Hawaiian Tropical Plant Nursery, LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
In the event of litigation both parties agree that the Law of the State of business registration of Hawaiian Tropical Plant Nursery, LLC shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between you and Hawaiian Tropical Plant Nursery, LLC with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Hawaiian Tropical Plant Nursery, LLC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Hawaiian Tropical Plant Nursery, LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.