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. Company cannot be held responsible for damages to your order while they are in transit or packages lost in transit. If your order has been broken or damaged, please refuse the damaged package and the delivery carrier will return the damaged box to Company for re-shipment.

By supplying us with your contact information, you agree to receive both informational & promotional emails from www.brighterblooms.com, as well as from our partner companies. Please note, your personal & private information is never sold to another company, and you may opt out of an email by clicking the “opt out” button on the bottom of any email.

To make a claim:
If you accept your broken or damaged order from the delivery carrier, claims must be sent to Company (either by email or postmarked within 48 hours of receiving the order). You will need to retain the damaged packages for a minimum of one week for carrier inspection.  We cannot honor claims for any damage done to your box or trees after 48 hours of receiving the order. Company requires evidence of damage in the form of photographs and/or carrier approval.  After damage is verified, Company will re-ship replacement products.  

Email address: info@brighterblooms.com or if written, send to: 

Brighter Blooms Nursery
9611 Idlewild Rd.
Charlotte, NC 28227

Plant Loss Claims
We can offer you a one-time replacement credit, if you contact us within 365 days of receiving your tree. No more than one replacement will be made. To request one, simply fill out the Replacement Authorization Application, linked to from our home page. There, you can upload digital photographs and detail why you need replacements. If you cannot take digital photographs, you can mail us pictures at Brighter Blooms Nursery, 9611 Idlewild Rd., Charlotte, NC 28227. We appreciate your patience as our customer service department reviews your application then contacts you. Company may require that plants be returned at purchaser’s expense in order to verify loss claim.  All approvals will include a replacement authorization number which must be written on the outside of the returned box to be accepted. If your tree dies within 90 days, Company will offer a 75% store-issued credit that can be redeemed on any future purchase. If your tree dies after 90 days of the delivery date, but before one year of the delivery date, Company will offer a 50% store-issued credit that can be redeemed on any future purchase.  Credit cannot be applied to shipping and handling charges. Guarantee is void if plants are no longer carried on our website; if plants are returned with green bark, live sprouts or roots, if trees are grown in zones not recommended for that plant. See (Growing Zone Map) (FAQ). Any destruction of plants pursuant to weather, livestock, drought, insecticides or herbicides, fires, floods, etc. are not covered by this guarantee. Customers are required to notify Brighter Blooms Nursery within the duration of the one-year warranty if their plants die. Coupons cannot be combined with store credit offers or replacements. 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. 

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, the customer’s order 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 where a cancellation number must be obtained.  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 been shipped or are in the packaging processes.

Refunds:
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 out liability be greater than the cost paid for the customer’s order.

Returns: 
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. 

Growth Rates: 
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. 

Shipping:
Several products may be shipped during the Spring or Fall as noted on the product web page. Your order may ship immediately, however most orders ship in 7-10 days from date of purchase. Under extreme cases, it can take up to 30 days. 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

Tree Sizes:
All tree sizes include the root system for shipping purposes. 

Spring Shipping:
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. 

Lowest Price Guarantee:
We guarantee that we offer the lowest prices on the internet. If you happen to find the same tree sold for less before you place your order, we will match the price. Trees must be the same cultivar and shipped in the same size container. Prices can only be matched before you purchase.

Tree Information: 
We cannot provide all the information of every single tree 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 tree 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.

Dormant Plants
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. The timing for new growth may vary depending on the type of plant and your geographic area.  We will not accept a replacement 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.

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. 

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 by the laws of 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 Nursery (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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