Elm Creek Flower Farm — Terms of Service

Effective date: October, 22, 2025 

Welcome to Elm Creek Flower Farm (“Elm Creek,” “we,” “our,” or “us”). By accessing or purchasing from our website, you agree to these Terms of Service. If you do not agree, please do not use the site.

1. Eligibility and account
   You must be able to enter into a binding contract and provide accurate information at checkout. You are responsible for any activity under your email/account.

2. Products and availability
   We sell living and perishable goods (including plants, tubers, roots, corms, and bulbs) as well as related products. Quantities are limited and may change without notice. Photos and descriptions are for guidance; natural variation is normal.

3. Pricing, taxes, and payment
   Prices are listed in USD and may change without notice. Applicable taxes are calculated at checkout based on your address. We accept major cards and Shop Pay. Orders are considered final once payment is authorized.

4. Orders, confirmations, and cancellations
   Placing items in your cart does not reserve them. An order is confirmed once you receive an order confirmation email. We may cancel any order for suspected fraud, abuse, policy violations, or stock errors; if so, we’ll refund you in full. If you request a change or cancellation, email us immediately—once packing begins, changes aren’t guaranteed.

5. Combining orders
   We cannot combine separate orders after checkout. Each order is packed, labeled, and shipped individually.

6. Shipping, risk of loss, and delivery
   We ship within the United States. Live-goods ship in seasonal windows; timing is outlined on our Shipping Policy page. Shipping rates are shown at checkout or on our policy pages. Once a carrier scans your package, risk of loss transfers to you. Delivery dates are estimates. Please bring boxes indoors promptly and store items according to our guides.

7. Local pickup
   When offered, pickup occurs on set dates/times shown at checkout. If pickup isn’t shown at checkout, it isn’t available for that sale. Pickups are self-serve at the posted location; please follow instructions on your pickup email.

8. Arrival guarantee and claims
   Inspect your order on arrival. Non-shipping issues must be reported to info@elmcreekflowerfarm.com within 5 days with clear photos; we’ll review and, when appropriate, replace or refund. For shipping damage, loss, or theft, file a claim with the carrier; shipments are insured. After 7 days from delivery, you assume responsibility.

9. Returns and refunds
   We do not accept returns on live or perishable goods (plants, tubers, roots, corms, bulbs). Gift cards are final sale. Full details are on our Returns & Refunds page.

10. Growing conditions and performance
    Once delivered, outcomes depend on factors outside our control (storage, weather, pests, soil, irrigation, fertilization, maintenance). We cannot guarantee plant performance, bloom timing, or longevity in your specific environment.

11. Safety notice
    Some plants (including daffodils, delphinium, and foxglove) are toxic if ingested. Keep plants and vase water away from children and pets. Wear gloves as needed and wash hands after handling. The purchaser assumes all responsibility for use and growing conditions.

12. Intellectual property
    All content on our site (text, images, logos) is owned by Elm Creek or our licensors and may not be used without permission.

13. User content and reviews
    If you post reviews or tag us, you grant Elm Creek a non-exclusive license to use that content for marketing in any media, with attribution where feasible. Do not post unlawful, abusive, or infringing content.

14. Prohibited uses
    Do not use the site for illegal activity, to attempt to interfere with site operation, or to scrape data without permission.

15. Limitation of liability
    To the fullest extent permitted by law, Elm Creek is not liable for indirect, incidental, special, or consequential damages. Our total liability for any claim will not exceed the amount you paid for the product(s) at issue.

16. Indemnification
    You agree to indemnify and hold Elm Creek harmless from claims arising out of your misuse of the products or violation of these Terms.

17. Force majeure
    We are not responsible for delays or failures caused by events beyond our reasonable control, including extreme weather, carrier disruptions, or supply constraints.

18. Privacy
    Your use of the site is also governed by our Privacy Policy, which explains how we collect and use information.

19. Dispute resolution and governing law
    These Terms are governed by the laws of the State of California (without regard to conflict-of-law rules). You agree to exclusive jurisdiction and venue in the state or federal courts located in Stanislaus County, California, unless local small-claims procedures apply.

20. Changes to these Terms
    We may update these Terms from time to time by posting a new version on our site. Continued use of the site after changes indicates acceptance.

Contact
Questions about these Terms or an order? Email us at info@elmcreekflowerfarm.com