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Terms & Conditions

updated August 1, 2022

Introduction

This website is operated by Menagerie Farm & Flower. Throughout the site, the terms “we”, “us”, “our” and “Menagerie” refer to Menagerie Farm & Flower. Menagerie Farm & Flower offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Use carefully. By using or accessing the Menagerie Farm & Flower store as well as all related websites operated by Menagerie (which includes https://www.menagerieflower.com/ and https://academy.menagerieflower.com among others) (collectively the “Site”), you agree to these Terms of Use.

 

Sales Tax

Menagerie Farm & Flower does not charge sales tax on orders outside the state of California. Menagerie Farm & Flower is only required to collect sales tax on orders to ship within the state of California.

 

Payment Methods

Menagerie Farm & Flower accepts Visa, Mastercard, American Express, JCB, Discover, Amazon Pay, Apple Pay, Google Pay and Shop Pay. Once an order is submitted, we cannot change, modify or combine an order or change a method of payment.

 

Bare Root Roses

We want you to be happy and have a colorful rose in your garden, so we guarantee our dormant bare root roses are true to name and grade. In order to ensure success in growing your rose, we ask you to please, please, pretty please follow our recommended planting and storage instructions included with every order and detailed here.

We do not accept returns for bare root roses. If any purchased bare root rose fails to leaf out after 30 days, we will issue a one-time store credit for the purchase price. We must be notified within 30 days of the receipt of your rose in order to issue you a credit. No credits will be issued without photographs or video of the rose. If you believe there is a problem with your rose on arrival that has occurred during shipping, please email us a photograph and/or video along with a description within 24 hours of receipt. If you trim, cut, remove or manipulate the plant (including canes or roots) in any way and/or plant the rose before contacting us, our guarantee will be void. We may ask you to ship the rose back to us for inspection. Our 30 day warranty is void if the included planting instructions were not followed or if the plants are taken or planted outside of the USA. Original shipping charges are not refundable. To submit a credit request, please contact us by email at hello@menagerieflower.com and include your name, order number, rose name, and any photos you have of the rose planted if it has failed to leaf out. No credits will be issued without photographs or video of the rose.

 

Fresh Cut Flowers, Perishable Greens & Wreaths

STANDARD ORDERS: We want you to be happy with your purchase and deliver only top-quality cut flowers and wreaths to our customers. However, the weather gods and Fedex sometimes have other plans for our beauties along the way.  In order to ensure success with your flowers and wreaths, we ask you to please, please, pretty please follow our recommended processing instructions included with your order. Please find details regarding cut flower care here. Wreath care instructions can be found at the bottom of each product page. We do not accept returns for fresh cut flowers or wreaths. Due to the perishable nature of our fresh cut flowers, there are NO REFUNDS if your flowers are not picked up on your original nursery pick-up date or an alternative ship date is requested after purchase. All claims for damage to perishable items must be made within 8 hours of receiving the order. To submit a refund request, please contact us by email at hello@menagerieflower.com and include your name, order number, order email address, and any photos/videos you have of the flowers and or damaging to packaging. No credits will be issued without photographs or video of the flowers, box or packaging damage.

FLASH SALE ORDERS: Our weekly FLASH SALE floral items are non-refundable. We are not responsible for the following: Errors on the part of the shipping company. Damage to the shipment, including heat damage, once the delivery company takes possession of the packages. Incorrect or undeliverable addresses and/or recipients. Shipments which are undeliverable on the first attempt by the shipping company. Deliveries made to unoccupied addresses which are left outside at the discretion of the delivery driver. Delays caused by weather, mechanical failure or other acts beyond our control. ALL SALES ARE FINAL FOR FLASH SALE ITEMS.

  

Tulip Bulbs

We do not accept returns for tulip bulbs. ALL SALES ARE FINAL. If you believe there is a problem with your bulbs on arrival that has occurred during shipping, please email us a photograph and/or video along with a description within 24 hours of receipt. If you trim, cut, remove or manipulate the bulbs in any way and/or plant the bulbs before contacting us, you will not be offered a credit. We may ask you to ship the bulbs back to us for inspection. Original shipping charges are not refundable. To submit a credit request, please contact us by email at hello@menagerieflower.com and include your name, order number, and any photos you have of the damaged bulbs. No credits will be issued without photographs or video of the bulbs.

 

Potted Roses 

We do not accept returns or exchanges for potted rose purchases. ALL SALES ARE FINAL.

 

Other Merchandise: Non-Perishable Items & Hard Goods

Returns are accepted for non-perishable items (i.e., books, fertilizer, clippers, gloves) within 14 days of the receipt of your order. Items must be unused and packaging unopened. An original receipt or gift receipt is required. The customer is responsible for any return shipping charges. Original shipping charges are not refundable. To submit a return, please contact us by email at hello@menagerieflower.com and include your name, order number, list of item(s) you would like to return and order email address.

 

Workshops & Events

ALL workshop and event tickets are non-refundable.  If the workshop or event is canceled due to weather, illness or any other reason your ticket purchase price will be given as a credit for use on a future workshop/event or any merchandise available on our website. Should you not be able to attend your ticket is transferable to another person. We highly recommend if you are traveling from outside the area obtaining trip insurance for your travel.

 

Workshop attendees must be over the age of 18 years of age. We do not require you to wear a mask to attend the workshop however, as COVID-19 restrictions and requirements for businesses by local and state officials are ever changing we can’t predict what may be in place in our local community at the time of the workshop. We ask that attendees adhere to any directives that are in place at the time of the workshop. If you have any questions about potential restrictions please contact us prior to purchasing your ticket. We want you to be comfortable during your time at the farm and nursery.

 

International Orders

Menagerie Farm & Flower offers international shipping on hard goods merchandise & books ONLY. International orders may take up to a month or more to arrive and may be subject to additional restrictions or duties, which vary by country and the contents of your order. If you are placing an order from outside the United States, it is your responsibility to understand your country’s restrictions, duties, and any special requirements in order to receive imported goods. If your country restricts packages based on the value of the contents, you must ensure that each order you place is within this limit. If you wish to place an order that exceeds that value, you should place separate orders, each within the limit.

Menagerie Farm & Flower has no control over additional fees and is not responsible for confiscated items, delayed orders, or any additional duties or taxes that may be imposed by your country’s customs office or other government agencies.  

Packages returned to Menagerie Farm & Flower due to an incorrectly provided address or package refusal are ineligible for a refund of shipping fees.

Please see our Shipping & Delivery page for additional information about international shipping restrictions.

 

Content Usage

When using images from our site or social media pages, we ask that you please credit Menagerie Farm & Flower with a link back to our site. If you are an online shop and would like to use our images for your own sales and promotions, please first ask for permission.

 

Copyright + Trademarks

This website and all of its content is owned by Menagerie Farm & Flower, which solely reserves the right to authorize third party usage. Unauthorized use, copying, reproduction, modification, posting, distributing, duplication, or any other misuse of the material is strictly prohibited. Any use of the material other than as permitted by Menagerie Farm & Flower may constitute copyright, trademark, and/or patent infringement.

 

General Disclaimer and Limitation of Liability

Except as expressly provided in these Terms of Use, Menagerie Farm & Flower makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Menagerie be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Menagerie has been advised or is aware of the possibility of such damages.

 

Notices

When you register with Menagerie and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Menagerie. You consent to receive notices electronically by way of transmitting the notice to you by email.

 

Privacy and Security

Please refer to Menagerie’s Privacy Policy for more information on how your information may be protected and stored.

 

Third-Party Services

Menagerie shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Menagerie reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.

 

Indemnity

You agree to indemnify and hold Menagerie and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Menagerie reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.

 

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Dispute Resolution

In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Sutter County, California governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Sutter County, California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Menagerie from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

 

Waiver of Class Action

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Miscellaneous Terms

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.