Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.theplantfactoryinc.com website (the “Service”) operated by The Plant Factory Inc LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of The Plant Factory Inc LLC and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Plant Factory Inc LLC. The Plant Factory Inc LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Plant Factory Inc LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Condition of Sale

After your order is submitted and completed, your credit card will be charged immediately. You agree that your order will be processed and delivered without a signature. The delivery carrier will leave the package(s) unsupervised unless other arrangements are, made by you, with our customer service department ahead of shipping.

Returns

All plant sales are final. Perishable and non-perishable items cannot be returned without The Plant Factory Inc. prior permission. A 50% restocking fee will be accessed for the total purchase price of the order of all perishable items. As long as the plant is alive and in “like-new condition” within one (1) week of receipt. The Plant Factory, Inc. is not responsible for the cost of return-shipping of any product. By accepting live nursery stock, the customer accepts The Plant Factory, Inc. seller’s terms and conditions of sale, which in compass the entire agreement.

Cancellations

Once an order is completed, customers must call The Plant Factory, Inc. directly at 251-234-7219 immediately during our business hours Monday – Friday from 9:00 am- 5:00 pm CST. Orders canceled, will charged 10% of the order cancellation fee. Once the order is processed, shipped with a shipping tracking number, it cannot be canceled. Orders can not be canceled via email.

Purchasable 1 Year Replacement Warranty

Nursery stock can perish for different reasons, that is why The Plant Factory, Inc. offers a (1) year, a one-time replacement warranty available at time of check out for plant material only. If the plant dies for any reason other than drought, fires, flood, insects, livestock, herbicides, etc. are not honored. Nursery stock purchased and planted outside it’s Growing Zone or soil type do not qualify for warranty. If your plant/tree dies we require a picture to verify that the plant is indeed dead. Once confirmed, a store credit will be issued for the cost of the plant/tree. All plant/tree warranty replacement cost is at the customer’s expense. Submit all warranty issues with sales receipt, multiple photos to our Claims portal.

Shipping

The Plant Factory, Inc. offers the very best shipping processes to ensure quick, safe, and near-perfect results every time. Cold and heat may deter your order temporarily until it is safe to receive and plant your plants/trees in your area. At our discretion, we will hold an order till the threat is gone ensuring you with the healthiest- viable product ordered.

Damage/Loss Claim

The Plant Factory, Inc. feels we have the best packaging in the industry, occasionally some orders do get damaged in transit. If your order arrives damaged by the carrier, let us know within 48 hours of receipt of your shipment. We will require photos of the damaged package for a claim. 

Contact Us

We would love for you to become part of our gardening family. Use our online form to submit comments, questions, or suggestions.

The Plant Factory, Inc.

6121 McDonald Road

Theodore, Al 36582

Phone: 251-234-7219 Mon-Fri 9 :00 am to 5:00 pm CST

Email: info@theplantfactoryinc.com

Active/Dormant Plants/Trees

The Plant Factory, Inc. ships year-round for your convenience. Whether dormant (Fall to Spring) or active (Spring to Fall) we grow and ship the highest quality plants/trees from our farm. This is our advantage over other “mail order garden companies”. You get the best on the farm, not what is leftover in some holding area.

Privacy Policy

The Plant Factory, Inc. is committed to your personal and financial privacy. The personal information we collect through your voluntary visit or request for information is used “internally” and will never be shared. Financial information is used only once for the purpose of the transaction between The Plant Factory, Inc. and the customer. This information is protected by highest means and will never be shared. Visiting or submitting information to our site, you consent to the collection, processing, and marketing of your information as described in this Statement.

IF YOU DO NOT AGREE TO THESE STATEMENTS REGARDING “COLLECTION OF INFORMATION”, DO NOT USE OR SUBMIT ANY INFORMATION TO THE PLANT FACTORY, INC.

Information collected is for the purpose of:

  • Establish and manage you as a customer
  • Fulfill and delivery for products purchased
  • Respond to inquiries, comments, and advice of plants/trees
  • Promote special offers or promotions about our company and services in relationship to your gardening needs
  • Provide a more personalized experience and take the stress out of buying plants/trees online

The Plant Factory, Inc. reserves the right to make changes to this Terms of Business without prior written notice.

The Plant Factory, Inc. will never be held responsible for any monetary value in excess to the original amount of your order.

About Us

The Plant Factory, Inc. is a family-owned nursery based on the beautiful Gulf Coast of South Alabama. Where the seasonal weather is a perfect base for growing plants and trees. A grower for more than 38 years in the wholesale nursery industry, our passion is growing a wide range of ornamental plant/tree varieties, shipping them to high end garden centers, re-wholesalers, and other growers all over the eastern United States. Now, we have a unique opportunity to include mail-order to our pallet of services. Our mission is to help all gardeners over a wider span enjoy the magic of home gardening.

Damage

If your package(s) arrives damaged, please contact our customer service at The Plant Factory, Inc. (damage@theplantfactoryinc.com) and a claim process will be initiated with the carrier. We require several pictures, emailed to us to confirm damage is needed. The damaged package(s) will need to be held by the customer for a minimum of seven (7) days, as the carrier may want to do a thorough inspection of the package(s). After damage from the carrier is confirmed we will promptly ship a replacement product. If the item is not available or out of stock, we will offer a substitution or offer to reship the product when it next becomes in stock. The Plant Factory, Inc. is not responsible for carrier delays or damage in shipping. Claims made after a 24-hour period of receiving product will not be honored. Loose soil to the root ball does not qualify as damage.