Terms and Conditions of Sale

Our Guarantee and Terms and Conditions

Revised: April 6, 2022

Welcome to Living Towers Florida Keys and our Terms of Use and Conditions of Purchase (these “Terms”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SERVICES (DEFINED BELOW) OR PLACING AN ORDER.

By accessing or using the services provided by Living Towers Florida Keys Inc or our subsidiaries or other affiliates (collectively, “Living Towers Florida Keys,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the Terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Living Towers reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or Order. If you do not agree to the revised Terms, you are free to reject them and will not be able to access or use the Services.

1. Privacy Policy.

Please refer to our Privacy Policy, available at https://www.livingtowerseedlings.com/privacy-policy/ (“Privacy Policy”) for information about how we collect, use and disclose information about you.

2. Eligibility.

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Living Towers Florida Keys account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Account and Communication Preferences.

In order to access and use certain areas of the Services, you will may to register for a Living Towers Florida Keys account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating a Living Towers Florida Keys account, you also consent to receive electronic communications from Living Towers Florida Keys (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4. Terms of Sale.

A. Purchases.

PRODUCTS. We make certain seedlings, growing supplies or other products made available for purchase through the Services (collectively, the “Product(s)”).
GIFTS. You may have the ability to purchase: (i) gift cards for other people through the Services (collectively, “Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift.

SUBSTITUTIONS.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific products or entire Orders) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at sales@livingtowers.com or (305) 986-0803.

B. Cancellation Policy

YOU MAY CANCEL YOUR ORDER IN FULL OR PART AT ANY TIME PRIOR TO THE SHIP DATE BY EMAILING sales@livingtowers.com or calling (305) 986-0803. THE CANCELLATION REQUEST WILL BE PROCESSED AND A REFUND, MINUS 10% RESTOCKING FEE, WILL BE PROCESSED WITHIN 2 BUSINESS DAYS.

C. Payment and Billing Information.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor(s)) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders and Gifts.

D. Pricing and Availability.

All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Order in accordance with the cancellation policy set forth in Section 4(B).

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

E. Shipping and Handling.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. Actual delivery dates may vary from your online account or checkout. You agree that you will not obtain, nor direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

F. Deliveries.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that the Products arrive healthy and in tact. In the unlikely event that seedlings are damaged, unhealthy or any other reason to believe that any other Product in your delivery is not satisfactory, contact us at sales@livingtowers.com (attaching photos of the item(s)). DO NOT discard the seedlings until advised to do so.

At checkout you may select the shipping method and carrier to delivery your order. You may be able to provide additional delivery instructions on UPS My Choice or FedEx Delivery Manager, such as requesting that your delivery be left with a doorman or neighbor. Our Products are perishable. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email sales@livingtowers.com immediately with any concerns (attaching photos for review). We must be notified of issues and concerns within 48 hours of delivery. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Products is not feasible, we reserve the right to cancel your order and issue you a credit or refund of the purchase price.

If your package is misdelivered, you must contact us within 7 days so that a trace can be initiated with the carrier. If you fail to contact us within 7 days of mis-delivery, we will be unable to reship your order at no charge and we will be unable to provide a refund.

We reserve the right to hold orders due to extreme weather. When temperatures are below 32 degrees or over 110 we are unable to guarantee a healthy arrival. If you would like them sent please reply to the email stating that you understand there is no guarantee on the seedlings and take responsibility for any and all damages that may occur.

Please check your order confirmation to ensure that your shipping address is correct. If your address is incorrect, please contact us immediately so that your shipping address can be updated. Address changed can be made before three order ships with little to no additional shipping charges. If your order has already shipped but not been delivered, an address correction fee of $18 will be due to update your address with the carrier. Refunds will not be provided when orders are delivered to the address provided at checkout.

G. Returns and Refunds (Standard Return/Refund Policy).

We are shipping perishable Product(s) and therefore are not able to accept returns. Unlike items that have a longer shelf life, items that are perishable cannot be restocked or resold.
If you are not completely satisfied with your Living Towers Florida Keys products, please contact sales@livingtowers.com within 48 hours of delivery. We will happily review your Order and any reported issues and offer a replacement of the Product (when 4 or more seedlings are damaged), credit towards your next order, or a partial/full refund. Since we are not able to physically access the Product, we ask that you provide photos of the Product label and damage reported. Photos must be sent within 48 hours of delivery or we will be unable to provide a replacement, credit or refund.
Due to the perishable nature of our Products, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the ship date, if an address is altered while in transit, or if you are unable to retrieve the Order on the guaranteed delivery date and did not notify us prior to the Ship Date.
When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly or move please email sales@livingtowers.com or call (305) 986-0803 immediately for correction. If the Order has shipped you will be charged an $18 Address Correction Fee.
If your Order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our Terms, we must dispose of the contents and you will not be refunded. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification damage occurs, you will not be refunded.
Please do not refuse delivery of your order. See Damaged Products below

H. Damaged Products

Please DO NOT DISPOSE OF A SEEDLING UNTIL ADVISED TO DO SO. If we are notified of damages after 48 hours and/or pictures are not included we are unable to replace, refund or credit the item. We will respond to your email within two business days.

Courier Damaged Products. While we would love to see every delivery arrive on time and without issue, delays or damage can occur once the package is in transit via the courier due to events that are out of our control (such as inclement weather, accidents, etc). In the event of damage caused by improper handling or late delivery, we are happy to file a claim and replace the products as needed. We ask that you please email sales@livingtowers.com within forty eight (48) hours of receipt, provide a description of the damage, order number, and a photo(s) of the Order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage. Filing a claim does not guarantee a refund. Living Towers Florida Keys will review your claim and determine accuracy in its sole discretion. We will respond to your email within two business days. If you refuse the delivery we will be unable to determine the condition of the seedlings and a refund nor replacements will be provided.
Damaged Products (not courier related). In the event of damage, we ask that you please email sales@livingtowers.com within forty eight (48) hours of receipt, provide a description of the damage, Order number and a photo(s) of the Order in the state it was received. We will happily review you your Order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next order, or a partial/full refund. Since we aren’t able to physically access the Product, we ask that you provide photos of the Product label and damage reported. We will respond to your email within two business days.

5. License to Access and Use Our Sites and Content.

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Living Towers Florida Keys logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Living Towers Florida Keys or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Living Towers Florida Keys or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Living Towers Florida Keys or a third party that are subject to separate license terms, in which case those license terms will govern such software components.