Terms of service

 

Terms of Service

Effective Date: [Insert Date]
Website: www.succulentstudiocreations.com
Business Name: Succulent Studio Creations

Welcome to Succulent Studio Creations. By accessing our website, purchasing from our store, or using any of our services, you agree to be bound by the following Terms of Service. Please read them carefully before using this website.

1. Acceptance of Terms

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any additional policies referenced herein or available on our website, including but not limited to our Shipping Policy, Return & Refund Policy, and Privacy Policy.

If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services.

2. Online Store Use

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and 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 violate any laws in your jurisdiction through use of the website or our products.

3. Products and Nature of Live Plants

Succulent Studio Creations sells live plants and related products. Because plants are living items, each plant is unique and may vary in size, shape, color, fullness, maturity, texture, and overall appearance from photos shown on our website, social media, or live sales.

Normal variations in live plants include, but are not limited to:

  • Natural blemishes, scarring, corking, or minor imperfections

  • Soil movement during shipping

  • Leaf drop, minor breakage, stress coloring, or shifting due to transit

  • Differences caused by season, growth stage, light exposure, or availability

These normal variations are not defects and do not qualify as damage, refund, replacement, or return.

4. Plant Care Responsibility

Once a package is delivered, the customer assumes full responsibility for the care, handling, repotting, watering, placement, and overall treatment of the plant.

Succulent Studio Creations is not responsible for plant decline, damage, stress, rot, dehydration, pest issues, or death resulting from:

  • Improper watering

  • Overwatering or underwatering

  • Improper lighting or temperature conditions

  • Repotting stress

  • Soil changes, fertilizer use, or treatment methods

  • Failure to promptly unpack or care for the plant after delivery

  • General neglect or improper handling after receipt

Plant care advice shared on our website, social media, packaging, inserts, messages, or live sales is for general informational purposes only and is not a guarantee of outcome.

5. Pet and Child Safety / Customer Responsibility

Most plants we have are non-toxic. However, Take note: Some plants may be irritating, toxic, harmful if ingested, or otherwise unsuitable for certain households, pets, or children. It is the customer’s sole responsibility to research and determine whether any plant purchased from our store is safe or appropriate for their home, family, pets, livestock, or environment before purchasing.

Succulent Studio Creations does not guarantee that any plant is pet-safe, child-safe, non-toxic, edible, or appropriate for any specific use or environment. Plant toxicity and sensitivity can vary by species, pet type, age, size, health condition, and amount of exposure or ingestion.

By purchasing from our store, you acknowledge and agree that:

  • You are solely responsible for researching plant safety before purchase

  • You are solely responsible for keeping plants out of reach of pets and children when appropriate

  • You assume all risk related to plant handling, contact, ingestion, placement, and use in your home or property

Succulent Studio Creations shall not be liable for any allergic reaction, illness, poisoning, injury, veterinary bills, medical bills, property damage, or any other loss, claim, or damage arising from or related to the presence, handling, use, contact with, or ingestion of any plant or product sold.

6. Order Accuracy and Customer Information

Customers are responsible for providing complete and accurate order, billing, and shipping information at checkout. We are not responsible for orders shipped to an incorrect address provided by the customer, returned packages caused by address errors, or delivery issues resulting from incomplete or inaccurate customer information.

7. Shipping and Delivery

We take care in packaging live plants for shipment; however, once an order is handed over to the shipping carrier, delivery timing and handling are outside of our control.

We are not responsible for:

  • Carrier delays

  • Lost, stolen, or misdelivered packages

  • Shipping damage caused by carrier handling

  • Delivery exceptions

  • Weather exposure during transit or after delivery

  • Packages left outside after delivery

  • Delayed opening or unpacking by the customer

Risk of loss and responsibility for the package passes to the customer upon delivery to the address provided at checkout, subject only to any replacement option expressly stated in our posted Return & Refund Policy.

8. Returns, Refunds, and Replacements

All sales are final. We do not accept returns and we do not offer refunds.

If a customer believes an issue with an order was caused by our error, the customer must contact us immediately upon delivery and provide all information and photos requested under our Return & Refund Policy. Any replacement offered is at our sole discretion and only in situations we determine were caused by our error.

9. Pricing, Availability, and Errors

We reserve the right to change product prices, descriptions, availability, shipping methods, and offerings at any time without notice.

We do our best to ensure all information on our website is accurate, but we do not guarantee that product descriptions, prices, inventory, availability, care guidance, or other content is complete, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel or refuse orders if any information is inaccurate, including after an order has been submitted.

10. Refusal or Cancellation of Orders

We reserve the right to refuse, limit, or cancel any order for any reason, including but not limited to suspected fraud, pricing errors, product availability issues, abusive behavior, suspected resale abuse, or violations of these Terms.

If an order is canceled after payment is submitted, any refund issued will be limited to the amount actually paid for the canceled order.

11. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, photos, videos, designs, branding, product names, and written content, is the property of Succulent Studio Creations and may not be copied, reproduced, republished, sold, or used without prior written permission.

12. Disclaimer of Warranties

All products and services are provided “as is” and “as available” without warranties of any kind, express or implied, to the fullest extent permitted by law.

Without limiting the foregoing, Succulent Studio Creations disclaims all warranties, express or implied, including but not limited to:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy, reliability, or completeness of information

  • Any warranty that a plant will remain alive, thrive, flower, root, grow in a particular way, be pet-safe, be child-safe, or meet a customer’s specific expectations

13. Limitation of Liability

To the fullest extent permitted by law, Succulent Studio Creations, its owners, employees, agents, affiliates, successors, and representatives shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

  • The purchase, receipt, delivery, condition, handling, care, use, or misuse of any product

  • Shipping delays, shipping damage, or carrier-related issues

  • Loss of plants, crop loss, business interruption, lost profits, or loss of opportunity

  • Allergic reactions, toxicity issues, ingestion, injury, illness, veterinary costs, medical costs, or property damage

  • Errors or interruptions on the website

  • Reliance on any care information, product description, or recommendation provided by us

In all cases, our total liability for any claim relating to a purchase from our store shall not exceed the amount actually paid by the customer for the specific product giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Succulent Studio Creations and its owners, officers, employees, contractors, affiliates, and agents from and against any claim, demand, action, liability, loss, damage, judgment, settlement, penalty, fine, cost, or expense, including reasonable attorneys’ fees, arising out of or related to:

  • Your breach of these Terms of Service

  • Your misuse of our website or products

  • Your failure to research plant safety or suitability

  • Your handling, placement, care, or use of any plant or product purchased from us

  • Injury, illness, poisoning, property damage, or losses involving pets, children, or third parties connected to your purchase or use of our products

15. Third-Party Services

Our website may use third-party services, apps, payment processors, shipping providers, or platforms, including Shopify and payment gateways. We are not responsible for the acts, omissions, policies, availability, or performance of third-party providers.

16. 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 the State of California, without regard to conflict of law principles.

17. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

18. Changes to These Terms

We reserve the right to update, modify, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to review this page periodically for changes. Your continued use of the website or purchase from our store following the posting of changes constitutes acceptance of those changes.

19. Contact Information

Questions about these Terms of Service should be sent through the contact information listed on our website.