Terms and Conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Loxahachee Rose Nursery. The collective work includes works that are licensed to Loxahatchee Rose Nursery. Copyright 2024, Loxahachee Rose Nursery ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Loxahatchee Rose Nursery or purchasing Loxahatchee Rose Nursery products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your non-commercial use, or to place an order with Loxahatchee Rose Nursery or to purchase Loxahatchee Rose Nursery products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Loxahatchee Rose Nursery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks, and trade names of Loxahatchee Rose Nursery used in the site are trademarks or registered trademarks of Loxahatchee Rose Nursery.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, Loxahatchee Rose Nursery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Loxahatchee Rose Nursery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. Loxahatchee Rose Nursery does not make any warrantees or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Loxahatchee Rose Nursery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Loxahatchee Rose Nursery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

If a Loxahatchee Rose Nursery product is mistakenly listed at an incorrect price, Loxahatchee Rose Nursery reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Loxahatchee Rose Nursery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Loxahatchee Rose Nursery shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Loxahatchee Rose Nursery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Loxahatchee Rose Nursery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Florida Colors Nursery.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Loxahatchee Rose Nursery products) shall be in the state or federal courts located in Palm Beach County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Loxahatchee Rose Nursery products) must be commenced within one (1) year after the claim or cause of action arises. Loxahatchee Rose Nursery's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Loxahatchee Rose Nursery may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Loxahatchee Rose Nursery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Loxahatchee Rose Nursery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Loxahatchee Rose Nursery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Loxahatchee Rose Nursery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Loxahatchee Rose Nursery in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Loxahatchee Rose Nursery, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Loxahatchee Rose Nursery may link to sites operated by third parties. However, even if the third party is affiliated with Loxahatchee Rose Nursery, Loxahatchee Rose Nursery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Loxahatchee Rose Nursery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Loxahatchee Rose Nursery seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Our Guarantee to You.

Thank you for your purchase of Plumeria from Loxahatchee Rose Nursery. Please remember that plants are living entities and need care as such. Success with your new plumeria is tied directly to the amount of care it is given.

ALL Plumeria are guaranteed to be the variety sold as.
Any damage that occurs during shipment requires notification within 48 hours of delivery with photos of the plant damage and box.
Grafted plumeria are guaranteed for four (4) months.
Rooted plants are guaranteed for three (3) months

Refunds will be given ONLY for a damaged plumeria and item.

All refunds will be processed when the damaged plumeria is received at Loxhtchee Rose Nursery. We will email you a prepaid return postage label, so the return postage will not cost you.

Plumeria do not die overnight, it is your responsibility to notify us as soon as you see or suspect any problems with a plumeria you've purchased from us.

ABOUT PLUMERIA CUTTINGS:

IMPORTANT NOTE: CUTTINGS DO NOT CARRY OUR STANDARD GUARANTEE. SO YOU WILL BE RELYING TOTALLY ON YOUR SKILLS TO KEEP THEM ALIVE AND GET THEM ROOTED BEFORE WINTER. WE WILL ONLY GUARANTEE THAT THEY ARE IN GOOD HEALTH WHEN YOU PURCHASE.

Voids to our guarantee

PAYMENT IS NOT MADE IN FULL WITHIN THE TERMS OF THE ORIGINAL AGREEMENT.
Purchaser has not notified Loxahatchee Rose Nursery at the first sign of unusual or abnormal conditions of growth (e.g., no growth, no leaves, leaves dropping, soft stalk, etc.).
Plants die due to gross negligence [e.g., failure to water regularly (more often during warmer temperatures) or water too much (usually during cooler temperatures) – refer to Care Instructions for more information, failure to provide proper care, failure to fertilize during summer months, physical damage such as from mowers, weed eaters, cars, etc.].
Plants are damaged or killed due to acts of nature such as lightning, tornadoes, drought, frost, freezing temperatures and/or floods, etc.
Plants are killed due to human or wildlife/animal damage.

GUARANTEE IS NOT TRANSFERABLE AND DOES NOT COVER FURTHER CARE OR MAINTENANCE OF THE PLANT. CUSTOMERS MUST CONTACT Loxahatchee Rose Nursery and PROVIDE PHOTOS AND ORDER NUMBER. Please remember that plants are living entities and need care as such. Success with your new plumeria is tied directly to the amount of care it is given.

Terms and Conditions

Our Guarantee to You.

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