Terms and Conditions

Welcome to SucculentFairyGarden (“We”, “Us”, “Our”)!

We strive to provide unique colorful succulents and outstanding services to all our customers. To guarantee customer satisfaction, we lay out these terms and conditions. Please read carefully before making any purchases. By placing orders on our Website https://www.SucculentFairyGarden.com (“this Website”, “our Website”, “the Website”) and our Apps (“our Apps”), you hereby confirm that you have read and completely understand all the terms and conditions listed below, and that you agree to and accept each and every one of these terms and conditions separately and all these terms and conditions together in whole. You further confirm that you agree not to request refund, replacement, cancellation, or any compensation in any other forms under any circumstance except the situations explicitly allowed in the Cancellation and Refund and Return sections. If you do not agree to and accept these terms and conditions, you should not make any purchases.

Account

To enable us to provide the best services possible in the most efficient way, an account with us is required when placing orders, so that your entire transaction history is stored in one place for quick access. You are required to provide your name, email address, and accurate billing address and shipping address, so that all your purchases will be expediently prepared and shipped without any delay.

The email address you provide must be your most frequently used email address, to ensure all communications are transmitted and received in a timely manner to avoid any potential issues or to deal with any problems right away.

You are required to keep your account current with the most updated information, especially your email address and shipping address.

Should any issues or problems arise due to incorrect, erroneous, or outdated information you provide, you will bear the full responsibility and all associated cost of addressing and correcting the issues or problems, including paying extra shipping fees, forfeiting the payment you already made, paying additional service fees, and any other fees directly or indirectly incurred.

Plants

Plants are randomly selected from the inventory of the ordered species unless otherwise specified. Randomly selected plants vary in colors, shapes and sizes, even in the same species.

You acknowledge and confirm that you understand and accept that appearances of live plants, such as colors, sizes, and shapes change over time due to various reasons, that any variations between the actual plants you receive and pictures in their respective listings are not defects, rather natural changes, that some leaves will wither or dry up to keep the plants alive, that some leaves will close up as a result of self-preservation mechanism of plants, that some leaves may fall off due to rough handling of courier, and that you agree any variations in appearances of plants, including colors, sizes, and shapes, or any withered, dried, or fallen leaves cannot and will not serve as basis or evidence for requesting refund, replacement, cancellation of orders, or any compensation in any other forms.

If you have questions about whether the plants sent to you are the correct plants in your order, you are always welcome to contact us through email with pictures and videos of the plants, together with your order number. We will review the pictures and videos to determine whether the plants sent to you are correct. Our decision on whether you have received the correct plants is final. If indeed we determined that wrong plants were sent, we will send the correct plants promptly without any additional charges to you.

– Dry Roots –

Most of the time, succulents are shipped with bare roots. The roots will be dried before shipping, and will arrive looking very dry. This is the best way to prevent rotting during transit, since package can be delayed extensively in some cases by shipping company.

– Seasonality –

Succulents exhibit significant changes in colors, sizes, and shapes across different seasons. We try our best to demonstrate and explain these changes in each listing’s pictures and descriptions. However, it’s not possible to show all the potential changes for each individual plant. Therefore, the plants you receive may look different than the pictures from the respective listings.

– Watering Cycle –

We usually water our plants every two weeks. Colors and shapes of succulents will change with watering cycle. Right after watering, the leaves may extend outward and become less colorful. As the soil becomes dry, the leaves will stand up and become more colorful.

Right after watering, it will also take extra time for us to prepare the plants and let the plants dry properly for shipping.

– Color Change During Shipping –

Succulents will become less colorful or even green during shipping, arriving less colorful than listing pictures, because the plants will have no sunlight exposure in a dark box for several days. Once the plants settle down with new roots growing, you can start to introduce to more sunlight and the plants will become more colorful.

– Size Variation, Fallen or Spent Leaves, Broken Branches –

The plant size will change more or less due to various reasons during shipping, which is not a defect of the plant.

While sitting in a black box without water for days during shipping, succulent leaves will be naturally spent, lose water, and close up, therefore the plants probably will lose 10% or more in size comparing to their original sizes before shipping. Once you plant them, they will soon become full again and regain the original sizes.

Due to rough handling by the couriers during shipping, some leaves may fall off, some branches may break, some small head may fall off from the main body, resulting in reduced plant sizes. You can place the leaves flat on top of soil to propagate new plants. You can plant the fallen branches or small head, they will grow into new plants.

The shipping company is solely responsible for such incidents, and you agree to only seek compensation from the responsible shipping company, not from Us. If you decide to pursue compensation from the responsible shipping company, we will try our best to provide relevant information in your endeavor.

– Substitute –

Since live plants change over time, or they may split or die, when there is no satisfactory plants can be found to fulfil your order, we will suggest substitute plants to you. Once you confirm to accept the substitute plants, we will send you the substitute plants in place of the original ordered plants.

Shipping

We ship to all US states, Puerto Rico and Guam. Below are some key points of what to expect in regards to shipping.

– Plants Preparation And Wait Time –

All succulents need several days to be properly prepared for a safe travel.

In most cases, succulents are shipped bare rooted without soil.

Some varieties in certain conditions are better shipped with soil, taking several extra days to make sure the soil is completely dry for shipping.

During raining season or when the plants are recently watered, it will add another couple of days to preparation time.

– Shipping Methods –

The default standard shipping is through USPS First Class Mail. Other shipping methods are offered for additional fees at various levels, such as Priority Mail, various levels of UPS options, various levels of FedEx options.

– Shipping Time & Transit Time –

After placing your order, as mentioned before, it takes several days to get the plants ready for shipping. Once your order is shipped, it usually takes the courier 5 – 10 days to deliver the package to you.

– Cold Weather –

In the cold months when the lowest temperature of the day in your area are below freezing, i.e. 0 degree Celsius or 32 degree Fahrenheit, we highly recommend you order a Heat Pack with Priority Shipping or any 3 day shipping method to help protect the plants during shipping.

During the cold months, you MUST NOT let the package sit outside exposed to the cold temperatures, even with heat pack. You need to take the package inside immediately upon arrival, it will be best if you could take the package directly from the courier’s hands.

You can also contact your local post office to hold the package for in-person pickup, to ensure the package are protected inside their facility.

During the cold months, we will monitor your local temperatures to the best of our ability. Your order may be delayed due to extreme low temperatures, and we will ship as soon as possible when the temperatures rises to safe level.

– Holidays –

The couriers usually do not accept or deliver packages during holidays. Therefore, we usually try to adjust the shipping time to avoid possible holdup of packages by the couriers, sometimes pushing back shipping time a day or two.

– Courier Delays & Other Courier Issues –

We will try our best to ship your package as soon as possible. Once the package is handed over to the courier, we don’t have any control over what happens next. We rely on the courier to deliver your package safely and quickly. The transit time for your package is completely up to the courier.

Your package may be delayed due to various reasons, such as weather conditions, natural disaster, holidays, worker strikes, etc.

Longer shipping time and package delays CAN NOT serve as a basis to request for cancellation, refund, or replacement, or any other form of compensation.

If a plant dies or suffers damages due to delays caused by the courier, we will provide necessary information for you to seek compensation from the responsible courier.

– Combined Shipping for Multiple Orders –

We understand buyers sometimes place multiple orders. We will try our best to combine these order when possible and refund extra shipping fees if any.

– Refund –

If your order is cancelled, shipping fees will be included in the total refund to you through the original payment method.

Shipping fees are non-refundable once orders are shipped, even when only partial orders are shipped.

Cancellation

You can request order cancellation within ONE HOUR after placing the order for a full refund including all shipping charges and any other fees via the original payment method. Cancellation will not be allowed afterwards.

Since live plants may experience significant change over time, or the plants may split or die after being listed, we reserve the right to cancel your order and give you a full refund including all shipping charges and any other fees via the original payment method should we determine that the ordered plants are not in good condition to be satisfactory to you.

Refund and Return

Please note all sales are FINAL. We do NOT accept any refund and/or return requests, except the situations explicitly allowed in this document.

All refunds will be sent via the original payment method.

Warranty

We guarantee our plants are healthy and strong when shipped and are safely packaged for transit, so that they arrive in good conditions if couriers deliver them within the respective courier’s shipping timeline guidance.

If any plant is dead or rotten upon arrival, please contact us immediately with pictures of the plants as proof, we will investigate and determine whether it’s due to the quality of the plant. If we determine it is an issue of the plants we send, at our discretion, we will either issue a refund or send a replacement for the plants affected. If we determine it is caused by the courier,

If a refund is to be sent to you, the shipping fees will be included in the refund amount if all plants in the order are dead or rotten, otherwise only payment related to the affected plants will be sent, the shipping fees will NOT be refunded.

The guarantee of the quality and health of the plants ends at the end of the day of delivery.

Buyer Responsibility

You need to read the descriptions of each listing carefully when placing your orders. The descriptions have important information about the plants.

You should also research online for information pertaining to your specific situation.

You need to follow the courier tracking closely, and make sure to take the package inside immediately upon delivery. Do not leave the package outside to prevent the package from being stolen and the plants being frozen in winter or fried in summer, resulting in total loss for you.

You need to make sure the courier have a safe place to deliver the package. We are not responsible for lost or stolen packages.

You need to open the package and take the plants out immediately when delivered, plant them in damp soil, place them in shaded area with good airflow, wait for a week or two depending on the specific environment you are placing the plants in, then start normal watering cycle. Water every two weeks, or when the soil is completely dry. DO NOT overwater, succulent plants will rot when watered too much, wait for the soil to completely dry, top to bottom.

Be honest and truthful when leaving comments and reviews on this website and any other website or platform, including any social media or news websites or apps.

Respect the copyright of contents on our website. All contents on our website are property of SucculentFairyGarden and its owners. Any violation will be prosecuted to the fullest extent of the law.

User Generated Contents

You acknowledge and agree that all user generated contents posted on this Website and Our Apps, including your comments, reviews and suggestions, and any communications between you and Us by any means, are exclusively SucculentFairyGarden’s private property in perpetuity, meaning that SucculentFairyGarden alone exclusively own the full right, commercial or otherwise, including copyright, without any restriction or time limit.

You acknowledge and agree that you grant Us the full right in perpetuity, commercial or otherwise, including copyright, of your comments, reviews, suggestions, recommendations, mentions, and shares, that are related to our brand, products, website, app, or services, be it on a website, an app, or any other platform or venue.

Our aforementioned rights entitle Us to use the covered contents in any way we choose, including but not limited to sharing within our organization or with any other third party organizations or with the public.

We reserve the right to modify or delete any covered contents that we deem to be untrue, unreasonable, ill-intentioned, defamatory, or harmful in any way.

Third Party Links

For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. All statements and/or opinions expressed in any such third party content are solely the opinions and the responsibility of the person or entity providing those materials. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them, financially or otherwise. We are not responsible for the content, business practices or the privacy policies of the third party linked sites, including but not limited to the collection, use and disclosure of personal information that these sites may collect. You are subject to any terms and conditions of such third party sites.

If any third-party links include any social media features that enable you to link or transmit on your own or using certain third party websites or certain limited content from this Website, you may only use these features when they are provided by Us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions We may provide in regards to such features.

You may link to our homepage, provided you do so in a way that is true, fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other website, though you may create a link to any part of our Website other than the homepage if it is made explicit you are doing so and provide a clear way to find our homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Indemnification

You hereby agree to indemnify, defend, reimburse, compensate and hold harmless (collectively “Indemnify” and “Indemnification”) Us or any of Our affiliates, subsidiaries, successors, assigns, partners, officers, directors, employees, agents, stockholders, and associates (collectively, “Indemnified Parties”) from and against any and all kinds of liabilities, penalties, fines, taxes, debts, obligations, charges, claims, losses, demands, actions, suits, damages, settlements, judgments, costs, and expenses (collectively, “Claims”) that arise from or are related to or caused by any of your action or inaction. You agree and pledge to fully cooperate with Us in the defense of the said Indemnified Parties against any opponent in any dispute, legal or otherwise. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Severability

If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining terms, provisions, covenants and restrictions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall remain in full force and effect and not in any way be affected, impaired or invalidated thereby; (b) such term, provision, covenant or restriction shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the term, provision, covenant or restriction this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested by the term, provision, covenant or restriction held invalid, illegal or unenforceable.

Perpetuity

This Agreement and your obligations to comply and follow the terms, provisions, covenants or restrictions contained herein will remain in full force and effect in perpetuity once you start to use Our Services, such as accessing our Apps and our Website, placing orders with Us, or contacting Us by any means, even when you are not using Our Services or stopped using our services.

Entire Agreement

The failure of Us to exercise or enforce any right or provision of these Terms & Conditions herein shall not constitute a waiver of such right or provision by Us.

These Terms & Conditions and any policies or operating rules posted by us on this Website or in our other apps constitutes the entire agreement and understanding between you and Us and governs your use of the Services, 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 and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

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 United States.

Update

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.

Contact Information

Questions in regards to our products and services should be sent to us at contact@succulentfairygarden.com