OVERVIEW
This website is operated by the party identified in the Contacts section of the
website. Throughout the site, the terms “we”, “us” and “our” refers to them. We
offer this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing items(s) or service(s)
from us, you engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check this
page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your country, state or province of residence, or that you
are the age of majority in your country, state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
-NEW CUSTOMERS Because we are a
wholesale nursery, new customers will be required to show proof of nursery
certification or stock dealer certification upon initial application to
purchase our plant material.
-TERMS Normal payment terms are cash on
delivery; unless prior approval is obtained, or dealer is currently licensed
according to the Florida Agricultural Bond Law (Florida Statutes Sec.
604.15-604.30) such payment shall be cash currency, certified check, cashier’s
check, digital wallets or credit card. (American Express, Discover, Master Card
or Visa.).
DELIVERY We will be glad to
arrange delivery by our trucks in the areas we serve. Orders are pooled on a
stand-by basis until the load is adequate to ship. Arrangements of LTL and full
semi-loads of loose plants on common carriers are the responsibility of the
customer. U.P.S., Parcel Post, or Air Freight deliveries can be arranged at
cost for orders over the $200.00 minimum. Our plant material is inspected prior
to shipment and is in good condition when accepted by transportation company.
We cannot be responsible for the safe arrival of plant materials. If damage
occurs enroute, please contact your carrier-agent to make an inspection. Claims
for damage or loss in transit should be made with the carrier.
DEMURRAGE 15% of invoice will
be added for unreasonable delay or when adequate help is not furnished for
unloading our trucks. We make every effort to maintain scheduled times of
delivery to each customer; please respect our drivers’ schedules by promptly
unloading your order. (A copy of ‘Delivery Procedures’ available upon request.)
PICK-UP Walk-in orders will be processed on a
first-come-first-served basis. It is recommended that orders for pickup be
placed 24 hours in advance to insure prompt loading.
DEPOSITS A deposit and firm delivery date must
accompany any order for future delivery. The Terms of our “Deposit Contract”
are binding and if not met, the deposit will be forfeited and materials being
held will be returned to inventory for sale, at our option.
RISK OF LOSS OR DAMAGE: Buyer shall be responsible for all risk of loss or
damage to the plant material from and after delivery to an independent carrier
or Buyer, whichever delivery occurs first, and such loss shall not relieve
Buyer from its obligations to seller hereunder.
You understand that your content (not including
credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is
provided, without our express written permission. All of our content on our
website including product images, trademarks, illustrations, designs, icons,
photographs, artwork, images, and any video and/or audio materials are
copyrights, trademarks, and other intellectual property owned, controlled,
exclusively by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
We have made every effort to display information on our Products
or Services as accurately as possible. We cannot guarantee that your computer
monitor’s display of any color will be accurate. La Ceiba Nursery
Inc. warrants, to the extent of the purchase price, that all nursery stock sold
is true to name. We give no other warranty, expressed of implied, and will
under no circumstances be liable for more than the actual purchase price of the
plant material. Seller warrants that the plant materials described in this
Contract are of the variety and cultivar represented; however, Buyer
acknowledges there will be some normal and anticipated levels of genetic
instability in the cultivars of some varieties. Seller warrants that the plant
materials are free from visible injurious insects at the time of delivery.
Seller further warrants that the plant materials will be alive at the time of delivery
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e‑mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
NO EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND APPLY TO THE PLANT MATERIALS WHICH ARE THE SUBJECT OF
THIS AGREEMENT, EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN. ALL PLANT
MATERIAL IS SOLD "AS IS" AND "WITH ALL FAULTS". OTHER
THAN THE FOREGOING LIMITED WARRANTY, SELLER DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE THE
PRODUCTIVITY OF FRUIT TREES IS AFFECTED BY HORTICULTURAL PRACTICES AND
ENVIRONMENTAL INFLUENCES BEYOND THE CONTROL OF THE SELLER, SELLER DISCLAIMS ANY
AND ALL WARRANTIES OF PRODUCTIVITY INCLUDING BOTH TONNAGE AND QUALITY. PRIOR
EXHIBITION OF A SAMPLE PACKOUT, BLOCK OR ORCHARD SHALL NOT CREATE AN EXPRESS OR
IMPLIED WARRANTY THAT THE PLANT MATERIAL BEING SOLD WILL CONFORM TO THE SAMPLE
PACKOUT, BLOCK OR ORCHARD. SELLER DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED,
THAT THE PLANT MATERIALS ARE FREE FROM NON-VISIBLE PLANT DISEASES, VIRUSES,
INSECTS OR OTHER LATENT DEFECTS, BUYER AGREES TO ASSUME THOSE RISKS.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.
In no case shall We, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some countries, states
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold Us harmless and any
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated
by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against Us.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with the
laws of Miami-Dade County, FL, U.S.A.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at the
email address in the Contacts section of our website and clearly marked in the
title line: “Question about Terms of Service”.