Terms & Conditions

Evergreen Trees Direct Terms and Conditions

1. General Introduction

These Terms and Conditions apply to all sales and transactions between Evergreen Trees Direct ("we", "us", or "our") and the customer ("Customer", "you"), covering the purchase of trees and related horticultural products ("Products"). This document is intended to clearly define legal obligations and outline the responsibilities of both parties to ensure a transparent and efficient business relationship.

2. Definitions

• "Goods": Refers to trees and any related products or services offered by Evergreen Trees Direct.
• "Contract Growing Agreement": A commitment by us to cultivate specific types of trees for delivery at a future date, specified as not less than 90 days from the date of the agreement.
• "Delivery": Encompasses all aspects of the transportation of Goods from our facilities to a designated delivery point specified by the Customer.

3. Scope and Application of Terms

These Terms govern the sale, purchase, and delivery of Goods and are binding upon acceptance by the Customer, either through written confirmation or via transaction completion on our website. These Terms may be modified only by written agreement authorized by Evergreen Trees Direct, with any amendments communicated through our official channels.

4. Order Process and Acceptance

• Order Confirmation: An order is considered confirmed once we have received payment. We reserve the right to accept or decline orders based on stock availability and customer compliance with payment terms. No order is confirmed without payment.
• Custom and Contract Orders: Detailed specifications, including tree type, size, and expected care needs, will be agreed upon in writing, particularly for Contract Growing Agreements, which involve bespoke cultivation efforts tailored to specific customer requirements.

5. Pricing, Invoicing, and Payments

Quotations

• Detail and Accuracy: At Evergreen Trees Direct, we pride ourselves on providing comprehensive quotations that detail the size, age, and condition of the goods we offer. These quotes are crafted to give you a clear and accurate picture of what you can expect from our products.
• Validity of Quotations: The validity of our quotations is set at two business days from the date they are issued. This time frame is specifically chosen to reflect the fast-paced nature of our inventory levels and the fluctuating conditions of the market, which can affect plant availability and pricing.
• Factors Influencing Changes: The horticultural industry, by its nature, involves products that grow and change continuously. Factors such as weather, seasonal growth spurts, and market demand can rapidly alter the availability and size of our stock. Additionally, our stock levels can fluctuate significantly due to sales activities and procurement cycles, necessitating a short validity period for our quotes.
• Confirmation Deadline: To secure the products at the quoted price and specifications, confirmation through a formal order or deposit must be received within the two-day validity period. After this period, product availability, size, and price as initially quoted cannot be guaranteed, and a new quotation may be necessary should you wish to proceed with the purchase.

Payment Terms

• Deposit and Security: A 25% non-refundable deposit is required at the time of order confirmation. This deposit is crucial for reserving your selected goods against the dynamic backdrop of our business, ensuring that they are reserved for you and not sold to another buyer.
• Full Payment Before Dispatch: Full payment must be received before any goods are dispatched from our facilities. This policy is in place to ensure that all financial commitments are fulfilled before the transfer of ownership of the goods.
• Securing Stock: Stock is not secured until a 25% deposit has been made or full payment has been received, depending on the arrangement. Exceptions apply for customers with approved credit accounts, where terms will be specified in individual customer agreements.
• Credit Account Customers: For those customers who have been approved for credit accounts, specific payment terms will be detailed in the respective customer agreements. These terms are designed to accommodate the financial workflows of each customer, providing flexibility and facilitating a smoother transaction process.
• Invoicing: Invoices will be issued immediately upon order confirmation and will detail the total cost, inclusive of the deposit and the balance due. Payment terms, including due dates, will be clearly stated to avoid any confusion.

Reminders and Notifications

• Proactive Communication: We aim to maintain open and proactive communication regarding payment due dates and any upcoming deadlines for payment completion. This ensures that all financial transactions can be managed efficiently, preventing any delays in the delivery of your goods.

6. Stock Availability and Substitution Policy

• Inventory Fluctuations: Our inventory of Goods can fluctuate significantly due to factors such as seasonality, customer demand, and supply chain variations. While we strive to maintain accurate stock levels on our promotional platforms, discrepancies can occur.
• Substitution: In the event of stock unavailability, we will contact the Customer to discuss suitable substitutions. We aim to provide substitutions that meet or exceed the quality and specifications of the originally ordered Goods, ensuring customer satisfaction.

7. Delivery Terms and Conditions

Freight and Logistics

• Delivery Arrangements: Our delivery process involves collaboration with a network of external freight providers to handle the logistics of transporting our goods from our nurseries to your specified delivery location. We carefully select our freight partners based on their reliability and handling practices to ensure that your plants arrive in optimal condition.
• Estimates and Scheduling: The delivery timelines we provide at the time of checkout or upon order confirmation are based on historical data and typical delivery performance. These timelines are estimates and serve as a general guideline rather than a guaranteed delivery date.
• Factors Affecting Delivery: Several external factors can influence the timing and success of deliveries. These include, but are not limited to, logistical disruptions such as transportation strikes or vehicle breakdowns, adverse weather conditions like severe storms or floods, and road closures due to maintenance or unforeseen incidents. These factors are beyond our control and can affect the timing of when your goods arrive.

Liability for Delays

• Costs Incurred from Delays: Evergreen Trees Direct recognizes that any delay in the delivery of goods can cause disruptions to your planned projects. However, we are not liable for any direct or indirect costs that arise as a result of such delays. This includes labor costs that may be incurred if workers are scheduled and the goods have not arrived, the scheduled work of landscapers, or any penalties from third-party contractual commitments that depend on our timely delivery.
• Communication of Delays: In the event of a known delay, we strive to communicate this to you as promptly as possible, allowing you to make necessary adjustments to your schedules. Our goal is to minimize any inconvenience and to provide alternative solutions where feasible.
• Responsibility for Delayed Goods: While we coordinate with freight providers to aim for timely delivery, the actual transportation of goods is out of our direct control once they leave our facilities. As such, we encourage you to plan accordingly and consider potential delays when scheduling project timelines.

Handling and Receipt of Goods

• Inspection Upon Arrival: Upon the arrival of goods, it is crucial that you or an authorized representative inspect the shipment for accuracy, completeness, and any signs of damage that might have occurred during transit. This immediate check is important to ensure that any issues can be addressed promptly.
• Reporting Issues: Should there be any discrepancies or damages observed at the time of delivery, it is imperative that these are documented and reported to us within 24 hours. Prompt reporting is essential for resolving any issues effectively, including arranging for replacements or adjustments if necessary.

Acceptance of Delivery

• Unloading Requirements: It is your responsibility to ensure that appropriate personnel or equipment is available at the delivery site to safely unload the goods. Failure to provide adequate assistance can result in delays and potential additional costs for redelivery.
• Verification of Goods: Verifying the quantity and condition of goods upon delivery is essential. Acceptance of delivered goods should only occur once you have confirmed that the goods meet your expectations and the specifications of your order.

These detailed delivery terms and conditions are designed to clarify the responsibilities and set realistic expectations for both parties, ultimately aiming to provide a smooth and satisfactory delivery experience.

8. Cancellation, Return, and Refund Policies

Cancellation Fees

• Initiating Cancellation: If you, as a customer, decide to cancel a confirmed order, please be aware that a cancellation fee of 25% of the total order value will be applied. This fee compensates for the resources allocated to preparing your order, including the labor, materials, and administrative costs involved, as well as the potential loss of sales resulting from reserving stock specifically for your project.
• Processing of Cancellation Fee: The cancellation fee helps cover the depreciation of stock that may no longer be at its prime selling condition and the opportunity cost of having held this stock in reserve, potentially missing out on other sales opportunities.
• Notification Requirement: To process a cancellation, notification must be provided in writing. The fee will be deducted from any refunds due to you or, if no payment has been made, will be invoiced directly.

Returns for Defective or Non-Conforming Goods

• Quality Assurance: At Evergreen Trees Direct, we are committed to supplying high-quality horticultural products. Despite our rigorous quality controls, instances may arise where delivered goods are defective or do not conform to the specifications agreed upon at the time of order.
• Defective Goods: Defects might include issues such as disease, significant damage not attributable to shipping, or incorrect plant species or sizes. It is imperative that these issues are reported to us within 48 hours of delivery to qualify for returns or adjustments.
• Reporting Procedure: Upon noticing any discrepancy or defect, you should immediately document the issue (taking photos if possible) and contact us via phone or email. Quick reporting helps us to address the issue promptly and prevent further complications.
• Resolution Options: Once a report of defective or non-conforming goods is verified by our team, we will arrange for the return of the affected goods at our expense. Depending on the specific circumstances and your preference, we may offer a replacement of the goods, a credit towards future purchases, or a full refund.
• Handling of Returned Goods: Returned goods will be inspected upon arrival at our facility. If the goods are confirmed to be defective or non-conforming, we will process the agreed-upon resolution immediately. If the goods are found not to be defective, we will discuss the findings with you to determine appropriate next steps.

Non-Returnable Items

• Custom Orders and Contract Growing: Goods that are grown or procured on a contract basis, or customized to specific requirements, are generally non-returnable unless they fail to meet the agreed specifications.
• Living Products: Due to the nature of living products, the viability of returned plants cannot be guaranteed once they have left our controlled environment. As such, returns are typically not accepted for issues resulting from subsequent care or environmental conditions beyond our control.

Refunds Processing

• Timing of Refunds: Refunds, where applicable, will be processed using the original payment method within 10 business days of the return and inspection of the goods. This period allows us to ensure that all details are correct and that the returned goods meet the conditions of our return policy.

By providing clear guidelines on cancellations, returns, and refunds, Evergreen Trees Direct aims to maintain transparency and customer satisfaction while managing the complexities associated with the nursery industry.

9. Dispute Resolution

• Mediation and Arbitration: We aim to resolve disputes amicably through mediation initially. If mediation is unsuccessful, arbitration may be pursued, following procedures outlined in a separate document available upon request. This approach is intended to provide a structured and fair resolution process.

10. Intellectual Property and Data Use

• Intellectual Property Rights: All promotional materials, product descriptions, images, and other content provided by us are the property of Evergreen Trees Direct and are protected by intellectual property laws. Unauthorized use of such materials without our express written consent is strictly prohibited.
• Customer Data: We commit to maintaining the confidentiality and security of customer data in accordance with our Privacy Policy, which outlines our practices related to the collection, use, and protection of personal information.

11. Force Majeure

We shall not be held liable for any failure or delay in fulfilling our obligations under these Terms and Conditions where such failure or delay results from circumstances or events beyond our reasonable control. Such circumstances or events, collectively referred to as "Force Majeure," include, but are not limited to:

• Natural Disasters: This encompasses events such as earthquakes, floods, hurricanes, wildfires, severe storms, and any other extreme weather conditions that could disrupt business operations, affect stock availability, or hinder transportation logistics.
• Acts of God: Unforeseeable natural events that are beyond human control, such as lightning strikes, tsunamis, or volcanic eruptions, which impact our ability to meet contractual obligations.
• Acts of War and Civil Unrest: Any outbreak of war (declared or undeclared), military actions, riots, insurrections, revolutions, civil commotions, or widespread political instability that interferes with business operations, production, or logistics.
• Acts of Terrorism: Terrorist activities, attacks, or threats that disrupt business operations, cause transportation delays, or create unsafe working conditions.
• Governmental Actions: This includes any government-imposed restrictions, laws, regulations, sanctions, embargoes, trade restrictions, quarantines, or actions taken by local, national, or international authorities that may prevent us from fulfilling our obligations. This may also include changes in import/export regulations or border closures that impact the shipment of goods.
• Pandemics and Public Health Emergencies: Epidemics, pandemics, or public health crises, such as outbreaks of disease or viral contagion (e.g., COVID-19), that result in mandatory quarantines, lockdowns, or other public safety measures that prevent the normal flow of operations.
• Labor Disputes and Strikes: Any labor strikes, lockouts, or other industrial disputes, either at our facilities or involving third-party contractors and suppliers, that prevent us from manufacturing, sourcing, or delivering goods.
• Supply Chain Interruptions: Significant disruptions to our supply chain, including delays from third-party suppliers, logistical challenges, or the inability to procure raw materials necessary to fulfill an order due to unforeseen circumstances.
• Transportation Disruptions: This includes any major disruptions or breakdowns in transportation infrastructure, such as accidents, port closures, railway disruptions, road blockages, air traffic control issues, or unavailability of freight services that prevent timely delivery of goods.
• Energy Shortages or Failures: Widespread or prolonged outages of essential utilities, such as electricity, gas, or water supply, that impact our production processes or storage facilities, rendering us unable to meet our obligations.
• Cybersecurity Attacks: Any major breach or disruption of technology systems, including hacking, ransomware attacks, or other cybersecurity threats that affect our ability to process orders, communicate with customers, or maintain operations.

Effects of Force Majeure Events:

• Suspension of Obligations: In the event of a Force Majeure occurrence, our obligations under the contract will be suspended for the duration of the Force Majeure event. We will take reasonable steps to mitigate the effects of the event and to resume performance as soon as reasonably possible.
• Notification: We will notify you promptly if a Force Majeure event arises that affects our ability to fulfill our obligations. This notification will include the nature of the event, the expected duration (if known), and the potential impact on the fulfillment of your order or any other obligations.
• Rights to Cancellation: If the Force Majeure event continues for an extended period of time (typically beyond 60 days), either party may have the right to terminate the contract without liability for non-performance, provided that written notice of termination is given to the other party.
• No Liability for Damages: During a Force Majeure event, neither party shall be held liable for any consequential, indirect, or direct damages, losses, or penalties arising from the inability to perform contractual obligations. This includes delays in delivery, failure to supply goods, or any impact on the agreed timelines.

By including this Force Majeure clause, we ensure that both parties understand the limitations of liability in extraordinary circumstances, thereby protecting both Evergreen Trees Direct and our customers from unforeseeable and uncontrollable events.

12. Legal Compliance

• Compliance with Laws: We adhere to all applicable laws and regulations governing our operations, including those related to commerce, trade, and environmental standards.
• Changes to Terms: We reserve the right to modify these Terms at any time. Such changes will be effective immediately upon posting on our website or notification to you.

These Terms and Conditions are comprehensive, aiming to ensure that all aspects of our interactions are clearly understood and agreed upon, thereby protecting both the Customer's and our interests in all transactions.