Terms of service

Effective date: September 24, 2026
Online storefront: shop.meansnursery.com

1. Seller, scope and agreement

These Terms govern direct online retail purchases from Means Nursery, Inc., an Oregon corporation ("Means Nursery," "Seller," "we," "us" or "our"). "Buyer," "you" and "your" mean the purchaser; "Plants" means the live plants ordered. These Terms and the accepted order form the "Agreement." They apply to parcel shipments and any local delivery or pickup offered at checkout. Other retailers, marketplaces and separately contracted wholesale sales have their own sales terms.

By affirmatively accepting these Terms at checkout and placing an order, you agree to them. You must be legally able to enter a binding contract and authorized to use the payment method. Product-specific promises and policies clearly presented before purchase form part of your order. A specific product promise controls over conflicting general language; mandatory consumer rights always control. Later website changes do not alter an existing order.

2. Orders, prices and payment

An automated order receipt acknowledges your request; it does not confirm stock or acceptance. We accept an order when we send an acceptance or shipment notice or a pickup-ready notice. We may decline an unaccepted order for unavailable stock, shipping restrictions, a material listing error, suspected fraud or failed payment. If we decline, we promptly refund all amounts collected for the canceled portion.

Prices are in U.S. dollars. Your checkout shows the selected plants, quantity, discounts, applicable taxes and delivery charges. Unless checkout states otherwise, payment is collected when you place the order, including a preorder. We do not increase the agreed total or substitute an item without your approval. If a material price or description error is identified before acceptance, we will request approval of a correction or cancel and refund the affected item.

"Selling Price" means the amount actually paid for the Plants under the order giving rise to a claim, after discounts and excluding separately stated taxes and shipping or delivery charges. Refunds of those additional charges are addressed in Sections 7-9 and 14-17.

3. Changes and cancellations

Contact us promptly to request an address change or cancellation. We will cancel without a fee if we receive your request before picking or packing begins; this also applies to unfulfilled preorders. Once picking or packing begins, changes may not be possible. After shipment, a change of mind does not create a right to cancel or return live plants. We will confirm whether your request can be completed. These limits do not affect delay-related cancellation, defective-product remedies or other rights required by law.

PRODUCTS AND FULFILLMENT

4. Plant descriptions, photographs and sizes

The selected botanical name or cultivar, container size, quantity and any stated shipping-height range identify what you are buying. Photographs may show mature specimens, blooms, seasonal color or an example plant rather than the exact plant shipped. A landscape or bloom photograph is not a promise that the delivered plant will have that appearance. We will supply the variety and size ordered; this section does not excuse material misdescription.

Plant form, branching, color and growth vary naturally. Deciduous plants may arrive leafless while dormant, and perennials may be cut back or shipped with little top growth. We may trim plants for health or safe packing, provided they still meet the advertised shipping specification. Bloom, fruit and mature dimensions are not guaranteed at delivery unless expressly stated.

Container-size labels describe the advertised nursery pot class, not the plant's age or a guaranteed height. A nursery trade-size designation is not a promise of an exact number of U.S. liquid gallons. Where listed, actual container volume and the selected shipping-size specification control. Plant height excludes the container unless the product page says otherwise. Ask us about an unclear measurement before ordering.

5. Plant selection and care

Choose plants suited to your local climate, planting site, light, soil, drainage and intended use. Hardiness zones, mature dimensions, growth rates, resistance descriptions and cultural information are guides, not guarantees of performance at every site. An express suitability promise we make for your purchase is not withdrawn by this general guidance.

Unpack promptly and follow the plant-specific care instructions. Protect plants from unsuitable temperature, sun or wind while they adjust. Plants are not food or medicine unless specifically identified for an appropriate edible use; ornamental plants may be harmful if ingested by people or animals. Keep plants and packaging away from children and pets as appropriate.

6. Fulfillment locations and available services

We may fulfill orders through nurseries or approved fulfillment partners in Oregon, California or Ohio. Means Nursery remains your seller and contact for the order. Plants in one order may arrive in separate boxes or on different days. Splitting an order does not increase the total shipping charge you approved.

Parcel shipping is offered only to eligible addresses in the 48 contiguous United States and the District of Columbia. We do not offer international, Alaska, Hawaii, U.S. territory, P.O. box or APO/FPO delivery under these Terms. Eligible plant sizes and shipping, delivery or pickup choices are shown for your destination at checkout. A size offered for local pickup is not automatically eligible for parcel shipping. If a cart has no common fulfillment method, place separate orders.

7. Agricultural restrictions and substitutions

Plant availability depends on the variety, origin, destination and current agricultural rules. We may block, hold or cancel an item that cannot legally be shipped, and we will provide required shipment documentation for orders we fulfill. We will not substitute a variety or smaller size without your express approval. An unavailable or restricted item will be refunded if you do not approve an alternative.

Provide the actual delivery destination and do not redirect a plant to evade a restriction. Contact us immediately about a regulatory hold. If our shipment cannot be legally delivered because of a compliance issue on our side, we will refund the affected purchase and related delivery charges. Delay notices and cancellation rights in Section 8 still apply.

DELIVERY AND RECEIPT

8. Shipment timing, preorders and weather holds

The product page or checkout will state the expected dispatch period and identify a preorder or seasonal shipment before you pay. Transit time is separate from dispatch time. If no dispatch period is stated, we will ship within 30 days after receiving a properly completed order or follow the delay-and-refund process below. Do not arrange time-sensitive installation based solely on an estimated arrival date.

Heat, freezing conditions, crop readiness, inspections and carrier disruptions may require a hold. A weather hold is not your advance consent to an indefinite delay. If we cannot ship within the stated period, we will notify you before that period expires, give a revised date or explain why one is unavailable, and offer cancellation of the unshipped portion for a full, prompt refund. We will obtain consent where required and cancel and refund if required consent is not received. No restocking fee applies to a delay cancellation.

We do not promise an exact delivery day unless we expressly agree to one. Extraordinary events may excuse a delay only to the extent allowed by law; they do not remove applicable cancellation or refund rights.

Force majeure. Any delay or failure of seller to perform its obligations here under will be excused to the extent that it is caused by an event or occurrence beyond its control such as, by way of example and not by way of limitation, acts of God, actions by any government authority (whether valid or invalid), governmental laws and regulations not presently in effect, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, accidents, labor problems (including, but not limited to, lockouts, strikes, and slowdowns) at seller's facility, its source plant or their supplier's, inability to obtain power, water, material, labor equipment, or transportation, or court injunction or order. The delivery date will be deemed adjusted in the individual order(s) to that effect.

9. Addresses, delivery and missing packages

You are responsible for an accurate street address, unit number, contact information and any access instructions. Arrange to retrieve plants promptly from the delivery location. Request corrections before fulfillment. A carrier may leave a package at an accessible location without a signature unless another service was agreed.

Means Nursery is responsible for carrier loss or damage before delivery to the correct agreed destination. A shipping label alone does not prove delivery. Report a missing or misdelivered package promptly so we can investigate; you are not required to obtain payment from the carrier before we review your claim. If an order is lost in transit or not delivered as agreed, we will refund the affected undelivered Plants, applicable tax and reasonably allocated original shipping, subject to reasonable investigation and your legal rights.

Damage caused after correct delivery by an avoidable delay in retrieval, customer-requested rerouting, an incorrect customer address or refusal without a valid reason is outside the limited arrival warranty. Any redelivery charge must be disclosed and approved. These provisions do not excuse our error or eliminate a lawful right to reject nonconforming goods.

10. Local delivery and store pickup

Local service is available only where shown at checkout. Delivery is to a safe, accessible curbside or driveway location unless another service is included in writing; it does not include planting or landscape installation. Provide safe access and any required recipient. If access is unavailable, we will contact you before imposing an approved redelivery charge.

For pickup, wait for the ready notice and collect from the stated location during the stated window. Bring your order confirmation and suitable transportation. We remain responsible for reasonable plant care while an order is awaiting pickup within that window. After a missed window, we will contact you to arrange pickup or cancellation; we will not automatically treat your payment as forfeited. Customer transport damage after pickup is not covered, but defects present at handover remain subject to the limited arrival warranty and applicable law.

LIMITED ARRIVAL WARRANTY - COVERAGE

11. Inspect and protect your plants

On receipt, open all boxes, remove transit wrapping, inspect plants and labels, and provide water and protection as the care instructions require. Photograph visible problems and retain packaging long enough to document a claim. Do not delay necessary care while waiting for our response. Planting a plant does not, by itself, waive an arrival-quality claim. See Sections 12-14 for coverage, deadlines and remedies.

12. Means Nursery Limited Arrival Warranty

Means Nursery, Inc. provides the following limited arrival warranty for Plants purchased directly under these Terms. Sections 12-14 describe arrival coverage, claims and remedies; Sections 16-17 and 19 explain legal rights, limitations and the deadline for bringing an action. The warranty covers the original retail purchaser and a designated gift recipient using the original order record. No separate warranty fee is charged.

12.1 Arrival condition - all live plants

We warrant that a Plant will arrive alive, correctly identified, in the advertised shipping size and without material shipping damage or a pest, disease or quality defect present at delivery that impairs normal establishment. Report visible damage, shortages or other readily observable problems within seven calendar days of delivery or pickup. This warranty concerns condition at delivery, not future survival or performance.

A defect or misidentification that could not reasonably be discovered in seven days should be reported promptly after discovery. A dormant Plant is not dead simply because it has no leaves. If it fails to resume growth in its normal local season, contact us within 14 days after you reasonably recognize the problem so we can assess an arrival defect. These reporting requests do not create a survival guarantee or shorten nonwaivable legal notice periods. Section 19 governs the contractual deadline for bringing an action, where enforceable.

12.2 No post-delivery survival guarantee

Seller does not provide a post-delivery survival, establishment, growth, flowering, fruiting or seasonal-performance guarantee. Subsequent decline or death does not by itself establish an arrival defect. Any garden-store warranty or replacement program is not incorporated into this Agreement. This provision does not eliminate the express arrival warranty, an enforceable promise made for the order, or rights that applicable law makes nonwaivable.

12.3 Causes and conditions outside coverage

The limited arrival warranty does not cover damage caused after delivery by inadequate or excessive watering, poor drainage, improper planting or chemical use, unsuitable exposure or climate, neglected care, animals, vandalism, or extreme weather such as flood, drought, heat or freeze. Pests or disease introduced after delivery are excluded unless caused by a defect covered at delivery. We assess the cause; an unrelated care issue does not automatically void a valid claim.

Normal seasonal dormancy, temporary shipping stress, minor cosmetic damage that does not impair establishment, and natural variation consistent with the description are not defects. These exclusions never excuse delivery of the wrong plant, material misdescription, our shipping error, or a right that applicable law makes nonwaivable.

ARRIVAL CLAIMS, REFUNDS AND RETURNS

13. How to make a claim

Email DTC@meansnursery.com, call (503) 543-7405, or use the contact method shown on your order. Give the order number, affected plant and quantity, delivery date, a description and when the problem was first noticed. Include clear photos of each affected plant, its label and the concern. For shipping damage, include the box and shipping label if available. For later decline, include the planting site and a short description of watering and care.

Our order record may establish purchase; a paper receipt is not required. Contact us for an alternative if photos are not practical. We may request relevant information, but not unnecessary destruction or uprooting. Do not return or dispose of a plant before review unless needed for safety or directed by authorities. Keep providing reasonable care.

We aim to respond within five business days, explain any denial and review additional relevant evidence. A timely service claim remains open during an observation period we request for dormancy or recovery. This concerns our internal review only; the deadline for bringing a legal action is governed by Section 19 and applicable law. Do not delay a required legal filing while awaiting our response.

14. Exclusive refund remedy and shipping costs

For an approved arrival defect, wrong item, shortage, transit damage or other breach concerning the Plants, Buyer's sole contractual remedy is return of the net purchase price actually paid for the Plants affected by the breach, subject to Sections 16-17 and applicable law. Applicable tax adjustments will be included. Original shipping or delivery charges are refundable only as expressly provided elsewhere in these Terms or as required by law. No automatic replacement or survival credit is promised.

Refunds are processed under Section 15. A refund does not require accepting store credit. We may not require a return that would be unlawful or unsafe; any return we authorize or require for our error is handled under Section 15. These provisions do not limit a mandatory refund or other nonwaivable remedy.

15. Returns, refunds and payment questions

Live plants: Because plants are perishable and returns can spread pests, we do not accept change-of-mind returns or unauthorized return shipments. Use the claim process for a defective or incorrect plant. If we authorize or require a return for our error, we will provide instructions and pay reasonable return costs. Follow our or an authority's disposal directions for suspect pest or disease material; do not redistribute it.

Nonliving merchandise, if offered: Request authorization within 30 days after delivery for unused items in original packaging. You pay return freight for a change of mind. We pay reasonable return freight for our error or a covered defect. Disclosed product-specific exclusions apply, but not to nonwaivable defect remedies.

Refunds use the original payment method and net amount paid, with applicable tax adjustments. A fully canceled unshipped order receives a full refund including shipping. We initiate approved refunds within five business days, or sooner if legally required; bank posting time may vary. Nothing here waives card-dispute, chargeback or other legal rights.

WARRANTY DISCLAIMER AND LIABILITY LIMITS

16. Disclaimer of other warranties

EXCEPT AS SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLANTS, INCLUDING WITH RESPECT TO THEIR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

This disclaimer does not negate the limited arrival warranty, enforceable product descriptions or other express promises forming part of the Agreement. It does not disclaim implied warranties where prohibited by applicable state law or by the Magnuson-Moss Warranty Act because Seller provides a written consumer warranty. This limited arrival warranty gives you specific legal rights; you may also have other rights that vary from state to state. Nonwaivable rights remain in effect.

17. Limitation of liability and exclusive remedy

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SELLER (FOR SHORTAGE, NON-DELIVERY OR OTHERWISE) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE SELLING PRICE FOR THE PLANTS UNDER THE AFFECTED ORDER. THE SOLE REMEDY OF BUYER FOR THE FAILURE BY SELLER TO PERFORM (OR OTHER BREACH BY SELLER) IS LIMITED TO RETURN OF THE PURCHASE PRICE ACTUALLY PAID FOR THE PLANTS AFFECTED BY THE BREACH.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING UNDER BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHER LEGAL THEORY, INCLUDING ANY SUCH DAMAGES OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOST PROFITS.

These limitations include installation or removal labor, landscape redesign, lost use and similar losses, to the extent permitted by law. They do not reduce any cancellation, tax, shipping or return-cost refund expressly required by these Terms or applicable law. They do not apply to personal injury, fraud, gross negligence, willful misconduct, mandatory statutory damages or fees, or any liability that cannot lawfully be limited. They do not eliminate remedies when a limited remedy fails its essential purpose. Some states do not allow certain exclusions or limitations, so these limits may not apply to you.

CUSTOMER TERMS, DISPUTES AND CONTACT

18. Accounts, communications, privacy and reviews

Keep account credentials secure and report unauthorized use. We use order contact information for receipts, fulfillment, care and service communications. Our separate Privacy Policy explains information practices and your choices. Accepting these Terms is not consent to optional marketing texts; required marketing consent is obtained separately and is not a purchase condition.

Site content and photographs remain the property of their respective owners. You may retain these Terms, order records and care instructions. You remain free to post honest reviews and contact regulators, payment providers or advisers. No remedy requires deleting an honest review or transferring its ownership. Claim photos will not be used in marketing without separate permission.

19. Disputes, governing law and time to bring an action

Please contact us to resolve a concern; this does not require delaying legal filings, payment disputes or urgent relief. Oregon law governs, subject to mandatory protections of your home state. Claims may be filed in a court with lawful jurisdiction, including an available small-claims court. These Terms do not require arbitration or waive jury-trial or class-action rights.

Contractual deadline for breach claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT BY SELLER MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED UNDER APPLICABLE LAW.

This provision is a deadline for bringing an action, not a plant-survival guarantee. It does not shorten a nonwaivable statutory period, alter applicable rules on accrual or tolling, or restrict any claim the law prohibits limiting. Where this contractual deadline is unenforceable, the applicable statutory deadline controls. Notice to customer service is not the filing of a legal action.

20. Changes, severability and contact

New versions apply to future orders; your accepted version governs an existing purchase unless you agree otherwise or law requires a change. An unenforceable provision does not invalidate the remaining lawful terms. Not enforcing a provision once does not waive it. No general term overrides an enforceable product promise or mandatory consumer protection.

Means Nursery, Inc. | 33668 Johnsons Landing Rd., Scappoose, OR 97056
DTC@meansnursery.com | (503) 543-7405
Contact us before bringing or sending any return to this address.