Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Orders shipping to Hawaii, Alaska, Puerto Rico and Canada will have additional shipping charges. Orders shipping to Canada may have additonal Customs and Import Fees which Pond Planet is not responsible for. Pond Planet is not responsible for freight costs on orders weighing over 150lbs. The customer will need to pay freight separately before the order is processed.
Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site. The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by Pond Planet, LLC protected by U.S. and International copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
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Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Disclaimers. Your use of this web site is at your risk. The materials and services provided in connection with this web site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. To the fullest extent permissible by applicable law, we hereby disclaim all warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect of failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the Magnuson-Moss warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. Orders shipping to Hawaii, Alaska, Puerto Rico and Canada will have additional shipping charges. Orders shipping to Canada may have additonal Customs and Import Fees which Pond Planet is not responsible for.
Limitations of Liability. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Indemnification. You will indemnify, defend, reimburse and hold harmless Pond Planet, LLC, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of Florida, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
30-Day 100% Money-Back Guarantee
PondPlanet.com cares about our customers. We want you to be 100% satisfied with each item that you purchase. If for some reason you are not fully satisfied with a product you purchased, you can return the item within 30 days of purchase for a full refund, minus shipping and handling charges. Each item must be returned in good condition, in original boxes and with all paperwork, parts and accessories. If not, we reserve the right not to issue a full refund.
Return Rules and Restrictions
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please send an email to our Customer Service Department at firstname.lastname@example.org.
Availability. Our shipping season typically begins in March, weather permitting, and continues throughout summer and into fall. We do have limited availability during the off-season - call to inquire. Most hardy lilies are ready from season start, and in our zone 10 climate, we're one of the first growers to have tropical lilies saleable. The majority of our marginal plants, both hardy and tropical, are ready when the season begins. Some plants in all categories mature later than others, so those that are not ready at season start will be added to our availability list as they
Prohibited Plants. Some states impose restrictions on the intrastate and interstate shipments of certain plants. We do our best to keep up with these restrictions and will not ship plants that we know are prohibited. These restricted plant lists change frequently at this point and we ask that you help us obey your states laws by not ordering plants from us that are restricted in your state. The restricted plant lists can be found on line at http://www.plants.usda.gov/java/noxious#driver
What to expect when your plants arrive. Waterlilies – Our lilies are shipped bare root with foliage. We do offer some varieties of hardy lilies and almost all tropical lilies potted in 4 1/2“ pots. Please specify when ordering if potted lilies are preferred. Each plant will have 3-5 leaves and hardy lilies will have a 2-4” tuber. Although we do not guarantee blooms, many of the lilies are shipped with buds. For identification purposes each lily has a vinyl color-coded tag attached showing the name and variety of the plant. We also offer packaged hardy waterlily tubers. The tubers are attractively packaged and are sold by color in red, white, pink and yellow.
Lotus – Lotus tubers are shipped throughout the spring in attractively packaged, colorful cartons featuring photographs of lotus, as well as planting and care instructions. The custom designed carton adds protection to the fragile tuber during shipping.
Marginal Plants - Marginal plants are grown and shipped in 2” plastic net pots or 4” pots. Each plant will have a custom 5” plastic stake for identification. The stakes have a color photograph of the plant, as well as a brief cultural and care explanation. Each marginal plant is shipped in a plastic floral sleeve for protection during transit.
Surface Varieties - With the exception of Azolla, Duckweed and Salvinia, surface types are shipped bareroot or in bunches of unrooted cuttings. No planting is necessary - simply float these items in your pool. For some items such as Parrot's Feather, Water Hawthorne & Creeping Jenny, you may prefer to pot them for better results. Azolla, Duckweed and Salvinia can be purchased by the pound in plastic bags, or in portions attractively packaged in clear plastic 4” cups with color labels on the top featuring a photograph of the plant, as well as a cultural explanation. A small amount of water should be added to these cups upon arrival and they should last for several weeks under these conditions.
Oxygenating Plants - Bunch plants are sold as unrooted cuttings rubber banded together. Rooted plants are sold as individual bare root plants.