Terms of service
Last updated: July 11, 2025
Welcome to Organic Fruit Tree And Herb. By accessing or using our website at www.organicfruittreeandherb.com ("Site"), you agree to be bound by the following Terms of Service ("Terms"). Please read them carefully before using our Site or placing any orders. If you do not agree with any part of these Terms, please do not use our Site.
1. Acceptance of Terms
By browsing, placing an order, or making a purchase on our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Shipping Policy, Refund Policy, Privacy Policy, and Payment Policy, all of which are incorporated into these Terms by reference. We reserve the right to update or modify these Terms at any time without prior notice. Continued use of the Site after any changes constitutes acceptance of the revised Terms.
2. Company Information
Organic Fruit Tree And Herb is an online retail business offering a curated selection of organically grown fruit trees, herb plants, scionwood cuttings, and seeds. We are committed to providing a seamless shopping experience and ensuring customer satisfaction.
3. Products & Pricing
All products listed on our Site are described as accurately as possible. Our product catalog includes live plants, bare root seedlings, scionwood cuttings, and seeds. Due to the nature of live plants, slight variations in size, color, shape, and appearance are natural and normal. The plant you receive may differ slightly from product photos due to seasonal changes, growing conditions, and natural variation.
We do not warrant that product descriptions, images, colors, pricing, or other content are always error-free, complete, or current. In the event of a pricing error or inaccurate product description — even after an order confirmation has been sent — we reserve the right to cancel the order and issue a full refund.
All prices are listed in United States Dollars (USD). We do not charge sales tax. We offer free shipping on all orders to the contiguous 48 United States. Prices are subject to change without notice.
4. Orders & Payment
By placing an order on our Site, you agree to provide accurate, current, and complete information at the time of purchase. All orders are subject to availability and confirmation of the total order price.
We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to:
- Pricing errors or inaccuracies
- Items being out of stock or discontinued
- Suspected fraud or unauthorized transactions
- Failure to verify payment authorization
- Unusual order patterns or behavior
- Shipping address outside our delivery area
Accepted payment methods include Visa, MasterCard, American Express, and Discover. All transactions are processed securely through PCI-DSS compliant payment processors.
5. Order Modifications & Cancellations
You may request to modify or cancel your order please contact us before your order has been shipped, provided it has not yet entered our fulfillment process.
To request a modification or cancellation, please contact us immediately at info@organicfruittreeandherb.com with your order number. We will do our best to accommodate requests received promptly after purchase. If your order has already shipped, you will need to follow our Refund Policy to initiate a return. If your order has already shipped, you will need to follow our Refund Policy to initiate a return.
6. Shipping & Delivery
We currently ship to addresses within the contiguous 48 United States only. We do not offer international shipping, APO/FPO addresses, or shipments to Alaska, Hawaii, or U.S. territories at this time.
Handling Time: 1–3 business days
Order Cut-Off Time: 5:00 PM Pacific Time daily
Estimated Delivery Time: 4–7 business days after shipment
Live Plant Shipping: Live plant orders are carefully packaged and shipped via standard carrier services. We select shipping methods that prioritize transit speed to protect plant health.
Delivery times are estimates only and may vary due to carrier delays or circumstances beyond our control. For complete shipping terms, including tracking, delivery attempts, and lost or damaged packages, please review our Shipping Policy.
7. Returns & Refunds
We want you to be completely satisfied with your purchase. You may request a return within 30 days of the date of delivery, provided the item is unused, undamaged, and returned in its original packaging with all tags and labels intact.
Live Plant Return Policy: Due to the perishable nature of live plants, all claims for damaged, dead, or incorrect plants must be reported within 14 days of delivery with photographic evidence. We are not responsible for plants that perish due to improper care, neglect, or failure to follow care instructions provided with your order.
Scionwood & Seed Return Policy: Scionwood cuttings are guaranteed viable upon arrival. Claims must be reported within 14 days of delivery. Seeds must be stored properly after receipt; we are not responsible for germination failure due to improper storage or planting conditions.
The following items are not eligible for return:
- Live plants that have been repotted, planted in the ground, or otherwise removed from their original container
- Scionwood cuttings that have been grafted or used
- Seeds that have been opened, planted, or tampered with
- Items that have been used, altered, or personalized
- Items returned without original packaging, tags, or labels
- Items showing signs of physical damage caused after delivery
- Live plants that perished due to failure to retrieve the package promptly after delivery notification
- Gift cards
For full return terms, including our damaged/incorrect item process, non-returnable item details, and refund timelines, please review our Refund Policy.
8. Intellectual Property
All content on our Site — including but not limited to text, graphics, logos, images, product descriptions, and software — is the property of Organic Fruit Tree And Herb or its content suppliers and is protected by applicable U.S. and international copyright and intellectual property laws. Unauthorized reproduction, distribution, or modification of any content from this Site is strictly prohibited.
9. User Accounts
Certain features of our Site may require you to create an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate any account that violates these Terms or is suspected of being used for fraudulent or illegal activity.
10. Prohibited Conduct
You agree not to use our Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. Prohibited activities include, but are not limited to:
- Submitting false, misleading, or fraudulent information
- Attempting to gain unauthorized access to our systems or data
- Using automated tools (bots, scrapers, etc.) without our prior written permission
- Posting or transmitting any content that is defamatory, offensive, or infringing
11. Disclaimer of Warranties
Our Site and all products and services provided through it are offered on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be error-free, uninterrupted, secure, or free of viruses or other harmful components.
For live plant products, we guarantee healthy arrival when proper care and shipping conditions are maintained. Once the plant has been delivered and the customer has accepted the shipment, the long-term health of the plant depends on the care provided by the customer, and Organic Fruit Tree And Herb cannot be held liable for plant loss resulting from improper care or environmental conditions outside of our control.
For scionwood cuttings, we guarantee viability upon arrival. Successful grafting depends on the customer's skill, technique, and environmental conditions, and we cannot guarantee successful grafting outcomes.
For seeds, we provide seeds that meet quality standards at the time of sale. Germination rates depend on planting conditions, storage, and care provided by the customer, and we cannot guarantee germination or plant growth outcomes.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Organic Fruit Tree And Herb shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, or use — arising out of or in connection with your use of the Site or any products purchased through it. Our total aggregate liability for any claim arising from your order shall not exceed the total amount you paid for the products in question.
13. Privacy
Your privacy is important to us. Information collected about you is governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using our Site, you consent to the collection and use of your information as described in our Privacy Policy.
14. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by Organic Fruit Tree And Herb. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of third-party content or services is at your own risk, and you acknowledge that we shall not be liable for any damage or loss arising from such use.
15. Force Majeure
Organic Fruit Tree And Herb shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, extreme weather conditions (heat waves, frost, storms), shipping carrier delays, acts of war or terrorism, government actions, power failures, or public health emergencies.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of the Site shall be resolved exclusively in the courts located in the State of California, and you hereby consent to the personal jurisdiction of such courts.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law.
18. Entire Agreement
These Terms of Service, together with our Shipping Policy, Refund Policy, Privacy Policy, and Payment Policy, constitute the entire agreement between you and Organic Fruit Tree And Herb with respect to your use of the Site and your orders, and supersede all prior or contemporaneous agreements, representations, or understandings — whether written or oral.
19. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us: