TOS

TERMS OF SERVICE

OVERVIEW

This website is operated by ATM Gardens. Throughout the site, the terms “we”, “us” and “our” refer to ATM Gardens. ATM Gardens 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.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - LIVE PLANT & TREE POLICY (PRODUCT VARIATION)

By purchasing from ATM Gardens, you acknowledge and agree to the following conditions inherent to buying live plants online:

Natural Variations: Product images represent typical specimens and may not reflect the exact size, shape, or seasonal appearance of the plant shipped. The item delivered may vary in shape, color, height, and branch structure from the image shown.
Transit Stress: It is completely normal for live plants to experience minor transit stress during shipping. This may include leaf yellowing, minor leaf drop, or slight wilting. With proper watering and care upon arrival, plants typically recover quickly.
Dormancy: Depending on the time of year, certain deciduous trees and perennials may ship in a dormant state (without leaves or flowers). This is healthy and normal.

SECTION 3 - SHIPPING & WEATHER DELAYS

We reserve the right to delay the shipment of live plant material due to extreme weather conditions (unseasonable heatwaves or freezing temperatures) along the shipping route that could compromise the health of the plant. If your shipment is held for weather safety, you will be notified via email.

Customers are responsible for monitoring tracking information and promptly retrieving packages after delivery. ATM Gardens is not responsible for plants left inside hot or freezing delivery boxes after delivery has been completed.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SECTION 6 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 8 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 9 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

Because plants are living elements subject to varying consumer care, local soil conditions, weather, and watering habits once planted, ATM Gardens offers no long-term survivability warranty beyond our 60-Day Grow Guarantee, unless otherwise explicitly stated on the product page.

In no case shall ATM Gardens, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, or replacement costs, arising from your use of any of the services or any products procured using the service.

SECTION 11 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which ATM Gardens operates.

SECTION 12 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 13 - Policies & Guarantees

Your purchase from ATM Gardens is subject to our Shipping Policy, Cancellation Policy, Live Plant Health Guarantee & Refund Policy, and 60-Day Grow Guarantee. These policies are incorporated into these Terms of Service and provide additional information regarding live plant handling, shipping expectations, cancellations, refunds, and plant health claims. They are available through the links below.