Customer Agrees: Customer hereby agrees to and acknowledges the following terms:
Lawful Basis for Data Collection: Customer recognizes that in order to complete a sales transaction, delivery of purchased products, improve customer experience, and suggest needed additional products, Colonial Gardens must, and has a right to, obtain and maintain a customer’s personal information related to these functions. Colonial Gardens will not obtain information that is not directly related to these transactions.
Customer Data: Customer retains the right to remove consent for the use of their data and to request the removal of any and all customer data from our systems. If a customer does not provide consent either by a continued relationship or after renewed consent is requested, customer data will be removed from Colonial Gardens’ system after a period of thirty-eight months.
Condition of Sale: After you submit your order and the checkout process is completed, your order is taken from inventory and your credit card is charged immediately. Customer agrees that their order will be picked up in store, delivered, or delivered and installed, depending on the option selected at checkout. For orders with the delivery, or delivery with installation, Colonial Gardens will contact you to schedule a time for delivery after the order is placed.
Wrong Item: We are very careful to label varieties true to name, and we will replace the product if there is an instance where an incorrect plant is received. We will not refund the purchase price of the plant, but we will replace the plant at our expense. Customer acknowledges that they understand the plant type they are purchasing as posted on each product page at store.colonialgardenskc.com. Colonial Gardens will not replace or refund any items where the customer purchased the wrong plant type. In the unlikely event that your order arrives missing an item please contact Colonial Gardens within 48 hours of delivery. All we ask for is a picture of the items received including the packing slip and we will arrange for the item to be delivered. We don't offer refunds, but if the missing item is out of stock customer may substitute for a tree or shrub of comparable value.
Canceling an Order: Requests for cancellation must be made by emailing email@example.com. Orders cancelled prior to delivery, or delivery with installation, will be charged the greater of a $10.00 cancellation fee or 10% of the purchase price. Large orders and/or freight shipped orders may incur a higher cancellation fee. Orders CANNOT be cancelled after the order is loaded on the truck for delivery.
Returns: All sales are final. In the event that a delivery is refused, Colonial Gardens may, in its sole and absolute discretion, accept the returned merchandise, provided, that the same is in "like-new condition," and is saleable. Colonial Gardens will not refund delivery fees returned items and will not pay for delivery on a returned item. In the event that Colonial Gardens accepts returned merchandise, it will assess a restocking fee equal to 40% of the purchase price for the order. Colonial Gardens shall not, in any event, be required to grant a credit for merchandise returned to it if such merchandise is not, in the sole and absolute discretion of Colonial Gardens, re-saleable. Since plants are perishable, no returns will be accepted past two weeks from delivery or on material that has been planted.
Plant Information: Growth rates that are listed on our web site are estimates based upon historical data and assume optimum growing conditions. COLONIAL GARDENS DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRODUCTIVITY OF OUR PRODUCTS, AND COLONIAL GARDENS IS NOT RESPONSIBLE FOR NORMAL CROP FAILURES, DAMAGE WHILE IN STORAGE IN YOUR POSSESSION, INJURY DUE TO FROST OR NATURAL CAUSES BEYOND OUR CONTROL. Growing plants require a suitable site, compatible environment, and care to prosper, and these are conditions beyond our control. Customer agrees, by accepting these terms and conditions, that the images used on store.colonialgardenskc.com product pages, are representative of what the product they purchased will look like when it reaches the age of maturity, and is not what they will be receiving with their order.
Loss Claims: If your order arrives damaged, you must contact Colonial Gardens within 48 hours as stated above by emailing firstname.lastname@example.org.
Dormant Plant Material: Colonial Gardens may deliver viable dormant plant materials early in the spring or late in the fall seasons. The plants are 100% healthy but may exhibit dormancy. Dormancy can include browning of the leafy materials or the plant may not have any leaves at all. All of this is very normal for a plant either moving into dormancy or if the plant is dormant. Colonial Gardens will not accept a warranty or loss claim of a plant as a death loss until the customer plants them and the allowable time (up to 60 days) has been given for the plant to exit dormancy in the plant’s normal cycle.
EXCEPT AS SET FORTH ABOVE, COLONIAL GARDENS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING ANY PRODUCT PURCHASED FROM COLONIAL GARDENS, AND COLONIAL GARDENS SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE REMEDIES SET FORTH ABOVE CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU. COLONIAL GARDENS SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES IN AN AMOUNT GREATER THAN THE ORIGINAL PURCHASE PRICE OF ANY PLANT.
All prices are subject to change without notice.