Terms of Service
When you place your order, you agree to the following terms:
Brighter Blooms Nursery (Company) guarantees that all orders are carefully packed and shipped to ensure your plant's survival through transit. It is extremely rare that packages are broken or damaged in transit. If this happens, please refuse the damaged package and the delivery carrier will return the damaged box to us for re-shipment.
Brighter Blooms Limited Guarantee:
We guarantee our plants to be true to type and in healthy condition. Due to the nature of buying trees and shrubs, you are buying a root system and trunk that will quickly develop into an established part of your landscape. Damaged leaves are not covered under this warranty. This is a cosmetic issue that does not affect the health of the plant. It's a natural way that trees and shrubs protect themselves when exposed to heat or darkness. Just trim off any yellow or dried leaves and new foliage should start growing.
Deciduous trees will typically have minimal, or even no branching when young. In fact, we prune branches from juvenile trees in order to promote faster growth and higher branching later. This makes for a skinnier looking tree now, but one that will be taller and properly branched out in one or two seasons.
We have been successfully shipping plants across the United States for the past eight years. It's rare that a problem occurs. But if your plant arrives in less than healthy condition, you need to notify us within five days so that we can assess the problem and try to save the plant. We can also note your order for future reference in case a complication arises. A photo of the problem is required for any claim.
If you report a problem within 5 days of plant delivery, Brighter Blooms Nursery will note the concern in your account and we will offer a 100% store credit on the purchase price of the dead plant(s) should it perish within 45 days of the initial delivery.
If the plant was received in good health and no notice is on file for the first five days, Brighter Blooms Nursery will offer a 50% store credit on the purchase price of the dead plant(s). This one time guarantee is not valid after 45 days past the delivery date.
Should a deciduous tree shipped dormant in the winter or spring fail to emerge from dormancy by May 30th we will guarantee it outside of the five-day notification period.
Please do not plant a "poor/damaged" plant thinking you can bring it around and then call us weeks later. Call us immediately. Otherwise a plant that could be saved becomes culturally out of our control and responsibility.
Please use our Contact Us form to send your notice or claims.
Here is how to determine whether your plant is dead or alive: Scratch a small area of bark on the trunk. You can rub it with a coin or fingernail. If you see brown or black underneath, then the plant is dead. If you see green, then the plant is alive and will leaf out again. If the time is fall through spring, the plant is likely in full or partial dormancy. If the time is during the growing season, then the leaves may have temporarily dropped as a self pruning measure. This acts as a reset switch for the plant and is normally just temporary. Live material is not covered under the warranty.
We cannot guarantee your plants from damage done by poor gardening, hungry animals, plants shipped out of recommended zones, human damage, extreme weather damage, overwatering, drought, insects, disease or poor soil conditions. Plants are living organisms that can die from a hundred different causes beyond our control. We're not a big-box store, who can offer plants at a loss or lure you in with unrealistic plant guarantees in order to get you to buy other merchandise. Plants are our only business. We go to great lengths to build mutual trust with our customers and guarantee that any plant we send out is culturally viable.
Optional Purchased 1 Year Extended Warranty:
Plants can perish for many different reasons, which is why we offer a 1-year, one-time Replacement Warranty (shipping cost not included) that is available at time of checkout.
We will only require a picture to verify that your plant is in fact dead. Once we receive your picture we will promptly send you a 100% store credit for the amount of that plant.
Note: Replacement plant shipping cost is at the customer's expense.
Warranty must be purchased at the time of checkout and cannot be added after your order has been completed.
Condition of Sale:
Brighter Blooms Nursery takes great care to properly and correctly label all plant varieties. If your purchase has been mislabeled, with proper proof, it will be replaced with the correct products at our expense. (Our liability limit is addressed further in TOS). Customers are responsible for contacting Brighter Blooms Nursery immediately if they have accidentally submitted duplicate orders.
Canceling An Order:
Requests for cancellation must be made by calling (800) 399-9514. Canceled orders that have not yet been shipped will be charged a 10% cancellation fee or minimum $10.00. Once you submit your order and the checkout process is completed, your order is taken from our nursery's inventory and your credit card is charged immediately. Customers cannot cancel orders through email. Orders CANNOT be canceled after they have entered our packaging process or have been shipped.
All orders are final. We do not offer refunds. We do not refund shipping cost to customers to return their plants to us. By accepting nursery stock, customer accepts seller's terms and conditions of sale, which constitute the entire agreement. In no circumstance will our liability be greater than the cost paid for the customer's order.
Since plants are perishable items, all sales are final. Nursery stock cannot be returned without our permission. In all cases goods cannot be returned after they have been accepted, processed, improperly stored or planted. A 25% restocking fee will be charged to the customer if the trees are returned in live condition with authorization, within two weeks of receipt, plus customer will be responsible for all shipping and processing charges.
Brighter Blooms Nursery lists the growth rates of its products based on ideal growing conditions and generally published information. We make no guarantee for such growth rates. All plants are unique, and must be planted properly in a suitable environment and cared for adequately to ensure survival. Your results will be unique and will vary based on care, climate, soil, weather and countless other factors.
Several products may be shipped during certain weeks in the Spring or Fall, as noted on the product web page. Your order may ship immediately, however most orders ship in 4-10 days from date of purchase. This delay is because we avoid having our plants sit in transit over the weekend. Shipping live products has its challenges and occasionally Mother Nature does not abide by our time frames and takes longer for plants to reach their required size. Although these delays are rare, we try to keep you informed if we see one may be likely. All shipping estimates are approximations. Our customer service representatives do their best to give accurate estimates for when your products will arrive.
However, they are estimates, and we cannot and will not guarantee exact shipping dates. On rare occasions, we will delay shipping if we see severe weather forecasts for your area or ours.
Pot Sizes: Pot sizes commonly referred to in gallons are shipped in equivalent nursery trade size pots, which may vary in actual volume. Some plants may have been at the approximate pot size listed, but would have excess dirt removed in order to save customers money.
Due to the nature of certain cold sensitive plants, it is best to ship them during months with milder temperatures. Spring shipped items are identified on their product page, as well as information on Northern States that ship in spring. Most trees and plants we carry can safely be planted year-round, but some Gardeners prefer planting in warmer weather. If you would like to receive a plant earlier than designated or delay its delivery date, we are happy to schedule what's most convenient. Just call us at 1-800-399-9514.
We cannot provide all the information of every single plant we offer. There is a lot of conflicting information offered from horticultural sources on the best zones for particular plants as well as what zone your particular area may be in. This makes it difficult to know exactly if your plant will grow in your environment. Buyers are responsible for obtaining all information not offered on this website.
Our Growing Zone map is a guide, and does not take into consideration microclimates and extreme elevations. Other factors like wind protection, mulching and snow cover can also have an effect. If you have any questions about plant hardiness, contact your local County Agricultural Extension Office. Pictures and videos may not be of exact cultivar represented. Pictures typically represent trees at maturity, in order to give you a guide to how your trees will look in your yard, and are not the size or shape of what you will receive in your order. Younger trees are naturally thinner in shape and less branched than mature trees.
Most leaf-bearing plants go dormant or semi-dormant in the fall through early spring. These plants are completely healthy but may exhibit fewer leaves, browning of leaves or no leaves at all. This is normal and essential to the plant's health and makes relocating the plant less stressful. Planting during dormancy allows for root growth and a better start for spring, at which time new foliage will begin to grow. We intentionally keep our trees dormant longer in the spring and it is likely that they will still be dormant while your local trees are leafing out. Just give them a few weeks, and you will soon see new spring foliage. We will not accept a plant loss claim for dormant items until they have been planted in the ground and given adequate time in the spring to exit dormancy.
Dormant plants are often pruned back, free of charge. This may temporarily reduce the plants size, but will create a larger, fuller plant in the spring.
Wholesale and Special Orders:
After material has been accepted in good condition, we cannot be responsible for improper handling, planting, exceptional weather or lack of proper maintenance. Wholesale orders and oversized products priced separately from the website are not eligible for advertised discounts, promotions or standard warranty.
All sales are final. All prices are subject to change without notice. Brighter Blooms reserves the right to cancel orders that are a result of error.
Use of Coupons:
Only one coupon code per order. You cannot combine coupons to receive multiple discounts. This is a one-time use coupon. There will be no "credit" given to the unused portion of your coupon. This credit cannot be used with any other offers, discounts or coupons. All coupons must be applied at the time of purchase.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including disputes, will be governed by the laws of the United States and the State of North Carolina without regard to its conflicts of law's provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Mecklenburg County, North Carolina, and waive any objection to such jurisdiction or venue. Brighter Blooms (and its affiliates, officers, directors and employees) shall not, in any event, be liable for damages in an amount greater than the original purchase price of the product(s). Should Brighter Blooms Nursery prevail, it will be entitled to cost and attorney fees.
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