Terms of service

TERMS OF SERVICE

Effective date: 10/21/2025

OVERVIEW

Welcome to The Plantry Plant Co., LLC (“The Plantry Plant Co.,” “we,” “us,” or “our”). We operate this online store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and Refund Policy), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully—they include important information about your legal rights and obligations, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are the age of majority in your state or province of residence, and you consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.

You may be asked to provide information (e.g., email, billing, payment, shipping). You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the confidentiality of account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account.

SECTION 2 – OUR PRODUCTS

We strive to represent our products accurately. However, colors and appearance can vary due to device and display settings. We do not warrant that the appearance or quality of any product will meet your expectations or precisely match images on the site. Product descriptions and availability may change without notice. We may limit quantities or discontinue products at any time and may limit sales by person, region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. The Plantry Plant Co. may accept or decline your order at our discretion. Your order is accepted when we confirm acceptance and process payment. Please review your order carefully; we may be unable to cancel after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided with your order.

Your purchases are subject to our Refund Policy [LINK]. You represent and warrant that purchases are for personal/household use and not for resale or export unless expressly permitted in writing.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect when the order is placed and appears in your order confirmation. Unless stated otherwise, posted prices exclude taxes, shipping, handling, and any customs/import fees.

You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update such information so we can complete transactions and contact you as needed. You represent and warrant that (i) your payment information is true and complete, (ii) you are authorized to use such payment method, (iii) your charges will be honored, and (iv) you will pay all charges, including applicable taxes, shipping, and handling.

SECTION 5 – SHIPPING AND DELIVERY

Estimated delivery dates are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or events beyond our control. Title and risk of loss pass to you when we tender products to the carrier. If a package is marked “delivered” by the carrier, risk of loss has passed and theft/misdelivery claims must be filed with the carrier.

SECTION 5A – LIVE PLANTS POLICY (IMPORTANT)

Perishable goods. Live plants are perishable and may be sensitive to transit conditions. By purchasing live plants, you agree to the following:

  1. Weather Holds & Heat Packs. During extreme temperatures, we may hold shipments or recommend a heat/cool pack add-on at checkout. If you decline recommended weather protection or request immediate shipment, you assume the associated risk.

  2. Arrival Window (“Arrive Alive” Check). Inspect plants within 24 hours of delivery. If there is major damage or a DOA (dead on arrival), email photos (including packaging and plant) to theplantryplantco@gmail.comwithin the 24-hour window. Remedies (replacement, store credit, or refund) are governed by our Refund Policy[LINK].

  3. Normal Transit Stress. Minor cosmetic issues (e.g., a bent leaf, minor soil displacement, slight leaf drop) are normal transit stress and are not considered DOA.

  4. Incorrect Address/Delivery Issues. We are not responsible for deliveries to addresses provided incorrectly, packages left exposed after delivery, or uncollected packages.

  5. Regional/Legal Restrictions. Some plants cannot ship to certain states or regions due to agricultural regulations. Orders placed to restricted destinations may be canceled and refunded.

SECTION 6 – CARE, SAFETY & INFORMATION

Plant care tips, quiz outcomes, and guidance provided on our site (including through Mr. Phileas Plant AI and the plant quiz) are for general informational purposes. Results may vary by environment (light, humidity, watering habits). Pet-safelabels indicate general guidance from reputable sources; always supervise pets and verify toxicity information with your veterinarian. Nothing on the Services constitutes medical, veterinary, or professional advice.

SECTION 7 – INTELLECTUAL PROPERTY

The Services and all related content (including trademarks, logos, text, images, graphics, video, audio, and their design/arrangement) are owned by The Plantry Plant Co. or our licensors and are protected by applicable IP laws. You may use the Services for personal, non-commercial use; no right, title, or interest is transferred to you. You may not copy, modify, distribute, create derivative works, publicly display, or exploit any content without our prior written consent. All rights not expressly granted are reserved.

Our names, logos, product names, designs, and slogans are trademarks of The Plantry Plant Co. Shopify names and marks are trademarks of Shopify Inc. Other names and marks belong to their respective owners.

SECTION 8 – OPTIONAL TOOLS & AI FEATURES

We may provide access to third-party tools (e.g., embedded quizzes, analytics, messaging, payment services) that we do not control and provide “as is.” We have no liability arising from your use of such tools. Your use is at your own risk, and you should review the third party’s terms.

Mr. Phileas Plant (AI Assistant). Our site may include an AI-powered chat assistant. The assistant may be operated by a third-party provider and may process your inputs to generate responses. Do not share sensitive personal information in chat. AI responses may be incomplete or inaccurate and should not be relied upon as professional advice. Use of the assistant is subject to these Terms and our Privacy Policy [LINK].

We may introduce new features, tools, or services from time to time; those additions are subject to these Terms.

SECTION 9 – THIRD-PARTY LINKS

The Services may link to or embed third-party content or websites. We do not control and are not responsible for the content, accuracy, or policies of third parties. Accessing third-party sites is at your own risk. Review the applicable third-party terms and policies before engaging in any transaction. Complaints or questions about third-party products or services should be directed to the third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section is required by Shopify and should not be removed or modified.]
The Plantry Plant Co. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Plantry Plant Co., LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Plantry Plant Co., including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Plantry Plant Co.

SECTION 11 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy [LINK]. Because our Services are hosted by Shopify, certain personal information is also processed under Shopify’s Privacy Policy (see Shopify’s website). Information you submit to the Services may be transmitted to Shopify and other service providers (which may be located outside your jurisdiction) to operate and improve the Services and to fulfill orders. See our Privacy Policy [LINK] for details, including how AI/quiz providers may process your inputs.

SECTION 12 – FEEDBACK

If you submit reviews, ideas, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including to operate, evaluate, and improve the Services. You represent that you own or control the rights in your Feedback and that your Feedback complies with these Terms and applicable laws. We may monitor, edit, or remove Feedback at our discretion but have no obligation to do so.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).

SECTION 14 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to: (a) use the Services for any unlawful or harmful purpose; (b) violate any applicable laws or regulations; (c) infringe IP or other rights; (d) harass, defame, or abuse others; (e) submit false or misleading information; (f) upload harmful code; (g) send spam or other unsolicited communications; (h) impersonate any person or entity; (i) collect or track others’ personal information without consent; (j) circumvent security features; or (k) interfere with the operation of the Services. We may suspend or terminate access for violations.

SECTION 15 – TERMINATION

We may terminate or suspend your access to the Services at any time, with or without notice. You remain liable for amounts due up to and including the date of termination. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy) will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available.” Except as expressly stated by The Plantry Plant Co., we make no representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted/ error-free operation. Some jurisdictions do not allow limitations on implied warranties; in such cases, some limitations may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall The Plantry Plant Co., LLC, our directors, officers, employees, agents, contractors, service providers, partners, or licensors (or Shopify and its affiliates) be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, arising from or related to your use of the Services or any products, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. Our total liability for any claim shall not exceed the amount you paid for the product(s) giving rise to the claim.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Plantry Plant Co., LLC, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, violation of law or third-party rights, or your use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is held unlawful or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision is not a waiver. These Terms, together with policies posted on the site (including the Privacy Policy and Refund Policy), constitute the entire agreement between you and us and supersede all prior agreements. Any ambiguities will not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not assign, delegate, or transfer these Terms or any rights or obligations without our prior written consent. We may assign or transfer these Terms without notice.

SECTION 22 – GOVERNING LAW; VENUE

These Terms and any disputes arising from them are governed by the laws of the State of Indiana, without regard to conflict-of-laws rules. You and The Plantry Plant Co., LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in the county where The Plantry Plant Co., LLC is headquartered (Indiana).

SECTION 23 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 24 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting an updated version. We will provide notice of material changes as required by law. Your continued use of the Services after changes take effect constitutes acceptance.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms may be sent to theplantryplantco@gmail.com.

The Plantry Plant Co., LLC
Email: theplantryplantco@gmail.com
Address: [INSERT BUSINESS ADDRESS]
Phone: [INSERT BUSINESS PHONE NUMBER]
Business Registration/EIN: [INSERT NUMBER]
Tax/VAT (if applicable): [INSERT NUMBER]