3. Registration, Account and Communication Preferences.
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.
- 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.
B. Cancellation Policy
C. Payment and Billing Information.
D. Pricing and Availability.
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.
- 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 firstname.lastname@example.org 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 email@example.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
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 firstname.lastname@example.org 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 email@example.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.