Terms and Conditions
Privacy Policy
We collect only the information necessary to fulfill your order and communicate with you. Your personal data is never sold or shared with third parties, unless required by law. “Payments are processed securely through Stripe. For more information, please refer to Stripe’s Privacy Policy.”
Terms and Conditions
Order Processing
Orders are processed within 1–3 business days after order is placed. Addy's Plantery reserves the right to refuse or cancel
any order at its sole discretion.
Payment
Online Payment
You may complete your purchase using secure online checkout via Stripe, which accepts most major credit and debit cards. All transactions are encrypted and processed through Stripe’s secure payment gateway. We do not store or have access to your full card information. By placing an order online, you authorize Stripe to charge your selected payment method on our behalf. Orders placed via Stripe will only be fulfilled once payment has been successfully completed. Any payment disputes or chargebacks will be subject to Stripe’s policies and may result in cancellation of your order or suspension of your account.
Payment on Delivery
For local deliveries, we also offer the option to pay upon delivery. Accepted methods for payment on delivery include cash and other options we may specify at checkout. Payment must be made in full at the time of delivery before the order is released to you. If payment is not made, we reserve the right to withhold delivery and cancel the order. Repeat refusal to pay upon delivery may result in suspension of delivery privileges or account restrictions.
Shipping & Delivery
We currently deliver to Pflugerville, Round Rock, and Hutto, Texas. Estimated delivery time is 5–6 business days. However, delays may occur due to weather, carrier issues, or incorrect address submissions. Addy’s Plantery is not liable for missed or delayed deliveries caused by circumstances beyond our control.
Returns & Refunds
Due to the perishable nature of plants, all sales are final. Refunds or replacements are offered only in the event of damaged or incorrect products, reported within 24 hours of delivery with photo proof and order number. Refunds are issued at our discretion. Customers may be required to return the item at their own cost.
Permitted Use and Site Restrictions
By accessing or using this website, you agree to use the Site and its features only as expressly permitted in these Terms and in full compliance with applicable local, state, and federal laws. Your right to access the Site is limited to personal, non-commercial use unless you receive express written permission from Addy’s Plantery.
You agree not to engage in any of the following prohibited activities:
Accessing or attempting to access any part of the Site through means other than the interface intentionally provided by Addy’s Plantery;
Engaging in any conduct that disrupts, impairs, damages, overloads, or interferes with the Site’s infrastructure, systems, or connected networks;
Attempting to gain unauthorized access to the Site, user accounts, servers, or databases;
Using bots, scrapers, scripts, or other automated methods to extract data or interact with the Site;
Collecting or harvesting personal information from users of the Site, including email addresses or other identifying details, for any purpose, including unsolicited marketing;
Copying, modifying, reproducing, or distributing any part of the Site, its code, or its content without our prior written authorization;
Selling, rebranding, or redistributing any product purchased from Addy’s Plantery, especially in a way that suggests false affiliation, endorsement, or ownership of our brand, trademarks, or content.
Addy’s Plantery reserves the right to suspend or permanently terminate access to the Site for any user who violates these restrictions, at our sole discretion.
Ownership of Content and User Submissions
All text, graphics, images, product names, designs, logos, layout elements, and other material made available on this Site (collectively, “Site Content”) are owned or licensed by Addy’s Plantery and are protected by intellectual property laws including trademark, copyright, and trade dress protections.
You may not use, reproduce, modify, transmit, publish, display, sell, or distribute any Site Content for commercial purposes without prior written permission from Addy’s Plantery. You may not remove or alter any copyright, trademark, or other proprietary notices embedded in or associated with the Site Content.
The names, logos, and branding associated with Addy’s Plantery are proprietary trademarks. Any unauthorized use of these trademarks may violate applicable trademark laws and is strictly prohibited.
The Site may allow users to submit feedback, reviews, suggestions, photos, or other content (“User Contributions”). By submitting any such content to Addy’s Plantery, you affirm that:
You own or have all necessary rights to post or submit the content;
Your submission does not infringe on any third-party rights, including copyrights, trademarks, or privacy;
Your content does not violate any laws or disclose confidential or proprietary information.
By submitting content to the Site, you grant Addy’s Plantery a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and fully transferable license to use, reproduce, modify, adapt, publish, display, and sublicense such content in any format or medium now known or later developed, for any lawful business purpose.
We reserve the right to review, remove, or edit User Contributions for any reason, including those deemed unlawful, inappropriate, misleading, or harmful, but are not obligated to do so.
Site Accuracy and Modifications
While we make every effort to ensure that the information presented on our website is current and accurate, occasional errors may occur. This includes, but is not limited to, inaccuracies in product descriptions, availability, pricing, shipping details, and promotional terms.
Addy’s Plantery reserves the right to:
Correct any errors, omissions, or inaccuracies;
Update or change information at any time without prior notice, including after an order has been submitted;
Cancel or refuse any order if information related to pricing or availability is found to be incorrect, even after the order confirmation has been sent.
We do not guarantee that all content displayed on the Site is current, complete, or free from error. Visual representations of plants, for example, are for reference only and may vary naturally in size, shape, color, or stage of growth.
Although we may, from time to time, monitor content submitted or published on the Site, we are not obligated to do so and assume no responsibility for user-submitted material. We reserve the right to remove or edit Site Content, User Contributions, or any other portion of the Site at our sole discretion, with or without notice.
Disclaimer and Warranties
Addy’s Plantery reserves the right to update, change, or discontinue any product, service, or promotional offer at any time and without prior notice. We may also limit the quantity of items available for sale or restrict orders at our discretion, including based on inventory or customer history.
We strive to represent our products as accurately as possible, including descriptions, photos, and colors. However, due to the natural variations in plants and differences in screen displays, we do not guarantee that the plant you receive will exactly match the photos or that your device’s display will accurately reflect colors or textures.
To the fullest extent permitted by law, Addy’s Plantery disclaims all warranties, express or implied, including but not limited to:
any guarantee that our website, services, or products will meet your expectations or specific needs;
uninterrupted, timely, secure, or error-free access to the Site or Services;
that any issues with the Site or its features will be corrected;
accuracy or reliability of content, advice, or information provided on the Site or through third-party links;
merchantability, fitness for a particular purpose, or suitability of any plant or product;
the condition, maturity, growth outcome, or long-term health of any live plant once delivered.
You understand that communications sent over the internet may be subject to interception or disruption, and you agree that Addy’s Plantery is not responsible for any loss of data, unauthorized access, or breach of privacy during transmission. We cannot guarantee the security or confidentiality of any personal information shared via our Site or email.
Addy’s Plantery is not liable for technical failures, bugs, connectivity issues, software errors, or compatibility problems that may impact your use of the website. This includes — but is not limited to — issues caused by internet traffic, server outages, device limitations, or third-party service providers.
No oral or written advice, customer support, or care guidance provided by Addy’s Plantery or its representatives shall create any warranty beyond those expressly stated in these Terms.
Cancellations
Orders may be canceled within 12 hours of purchase. After that time, cancellations are not guaranteed. To cancel, email us at contact@addysplantery.com immediately.
Privacy Policy
We collect only the information necessary to fulfill your order and communicate with you. Your personal data is never sold or shared with third parties, unless required by law. “Payments are processed securely through Stripe. For more information, please refer to Stripe’s Privacy Policy.”
Limitation of Liability
Addy’s Plantery provides all products and services “as is” and disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
By purchasing or using any products or services from Addy’s Plantery, you acknowledge and agree that you assume all risks associated with the handling, care, use, and placement of such products, including but not limited to risks arising from the inherent nature of living plants.
Addy’s Plantery, its owners, directors, officers, employees, agents, affiliates, licensors, contractors, suppliers, and service providers shall not be liable for any and all damages, losses, liabilities, claims, or expenses of any kind whatsoever, whether direct, indirect, incidental, special, consequential, exemplary, punitive, or otherwise, including but not limited to damages for:
Personal injury, illness, allergic reactions, or toxicity to persons, pets, or other living beings;
Property damage, including damage to real or personal property, structures, vehicles, electronic devices, or other possessions;
Economic loss, including loss of profits, revenue, business interruption, or loss of data;
Harm arising out of or related to the products themselves, including but not limited to defects, plant behavior, toxicity, or misidentification;
Any damages resulting from misuse, mishandling, neglect, improper care, or improper placement of products;
Delays, failures, or errors in shipping, delivery, or order processing;
Inaccuracies, errors, omissions, or changes in product descriptions, images, or availability;
Unauthorized access to or use of customer information, accounts, or data;
Use of the website or services, including any technical malfunctions, interruptions, or errors.
This limitation of liability applies regardless of the legal theory under which such claims are brought, including but not limited to contract, warranty, tort (including negligence), strict liability, statute, or any other theory, and whether or not Addy’s Plantery was advised or had reason to know of the possibility of such damages.
In no event shall Addy’s Plantery’s aggregate liability to you or any third party exceed the lesser of (a) the total amount paid by you for the product or service giving rise to the claim, or (b) ten United States dollars (USD $10.00).
If any part of this limitation of liability is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
This limitation of liability constitutes a fundamental part of these Terms and the allocation of risk between the parties.
Indemnification
You agree to indemnify, defend, and hold harmless Addy’s Plantery, its owners, directors, officers, employees, agents, affiliates, licensors, contractors, suppliers, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to:
Your use of, access to, or reliance on the Site, products, or services provided by Addy’s Plantery;
Your violation or breach of these Terms of Use or any applicable law, rule, or regulation;
Your misuse, mishandling, improper care, or improper use of any product purchased from Addy’s Plantery, including but not limited to any claims arising from plant toxicity, allergic reactions, or injury;
Any allegation that your use of the Site or products infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party;
Your negligent, reckless, or intentional acts or omissions in connection with your use of the Site or products;
Any unauthorized use or access of your account or personal information.
Addy’s Plantery reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Addy’s Plantery in the defense of any such claim. You shall not settle any claim or consent to any judgment without Addy’s Plantery’s prior written consent.
This indemnification obligation will survive the termination or expiration of your use of the Site or any transactions with Addy’s Plantery.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any products or services purchased from Addy’s Plantery (collectively, “Disputes”) must first be submitted in writing to Addy’s Plantery at contact@addysplantery.com for mandatory informal resolution. Failure to provide written notice and allow 30 days for resolution shall constitute a waiver of your right to initiate arbitration or litigation.
If the Dispute is not resolved within 30 calendar days, it shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, conducted by a single arbitrator in Travis County, Texas, or any other location solely selected by Addy’s Plantery.
You expressly waive any right to a jury trial, class action, class arbitration, or any form of collective legal proceeding. All disputes must be brought on an individual basis, and no arbitrator or court may consolidate multiple claims or parties.
Addy’s Plantery reserves the right to seek any injunctive, equitable, or provisional relief in any court of competent jurisdiction to protect its rights or property, without waiving its right to arbitrate other claims.
The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
These Terms, including the arbitration agreement, shall be governed by and construed under the laws of the State of Texas, without regard to conflict of law principles.
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms shall be resolved in the courts located in Travis or Williamson County, Texas.