Terms of service

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: Plants and trees are living organisms. Pictures on our website represent a mature or typical specimen. 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.

It is the buyer’s responsibility to track the package and ensure someone is available to open the box immediately upon 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 arrival 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 - CONTACT INFORMATION

Email: support@atmgardens.com

Phone: 615-697-3466

Hours of Operation:

9am - 2pm Monday - Friday

Close Saturday & Sunday - All Major Holidays

Mail To: 

ATM Gardens

390 Hildreth Rd

McMinnville, TN 37110

SECTION 14 - RETURNS

Live Plant & Tree Return, Guarantee, and Refund Policy

We accept returns within 60 days of delivery on eligible items. Our policies are designed to protect both the consumer and the delicate health of our plant stock. Please read the terms below carefully before initiating a request. When you place your order, you agree to these terms. 

CRITICAL 3-DAY NOTICE ARRIVAL GUARANTEE:
We guarantee that all plants and trees will arrive alive and healthy. If your plant arrives dead, severely broken, or critically damaged due to transit you must notify us within 3 days of delivery at support@atmgardens.com with clear photographic evidence. Claims made after 3 days cannot be honored for transit-related damage.

1. Live Plant & Tree Policies
Due to safety, disease control regulations, and the perishable nature of living specimens, a physical return of your plants or tress is not always necessary. Shipping live plants back and forth causes extreme stress, causing them to perish. See below for terms

  • Transit Stress Coverage: Leaf drop, yellowing, minor spotting, or cosmetic branch breakage are normal signs of temporary shipping stress. If given immediate water and light, the plant will recover rapidly. These conditions do not qualify the item as a "damaged product."
  • Dormant Material: Plants shipped during late fall, winter, or early spring may arrive dormant (bare branch, no leaves). Dormancy is natural and healthy. We will not offer refunds for dormant items unless a "scratch test" confirms the cambium layer underneath the bark is dry and dead.

2. The Refund Process
Once your damage products have documentation and evaluated by our team, we will send an email confirmation detailing your refund.

  • Approved Claims: If approved, your refund will be automatically processed back onto your original payment method within 3-5 business days, or a digital gift card code will be generated immediately depending on your selection.
  • Shipping Costs: Original shipping and handling charges are non-refundable unless the shipment was sent in error or completely lost by the freight carrier.

3. Exclusions & Disclaimers

ATM Gardens cannot be held responsible for plant death or decline resulting from factors outside our control, including but not limited to:

  • Unboxing delays (leaving shipments inside boxes or sealed mail-rooms for extended periods after delivery).
  • Incorrect planting depths, inappropriate sun exposure, or failure to water.
  • Severe weather events, unexpected hard freezes, or local wildlife damage.
  • Purchasing plants out of your recommended USDA Hardiness Zone.

SECTION 15 - CANCELLATION POLICY

At ATM Gardens, we work quickly to select, prepare, and package your trees and plants for safe transit. Because live agricultural stock requires specialized processing and immediate fulfillment staging, we enforce a strict timeline for order cancellations.

THE 48-HOUR CANCELLATION WINDOW

You may cancel your order for a full refund within 48 hours of the original purchase time.

To request a cancellation within this window, please email us immediately at Support@atmgardens.com with your Order Number and the subject line "CANCELLATION REQUEST."

AFTER THE 48-HOUR WINDOW

Once an order passes the 48-hour mark, our nursery team begins physically processing your items. Cancellations requested after 24 hours are subject to the following conditions:

  • In-Process Orders: If your order has been pulled from our fields/greenhouses and staged for packaging, but has not yet been packed into a shipping box or loaded onto a carrier vehicle, it can be canceled subject to a 15% Restocking Fee. This fee covers the specialized labor required to return large plant material back to inventory maintenance.

  • Shipped or Packaged Orders: Once a plant has been secured inside its shipping box, attached to a freight pallet, or loaded onto a transport vehicle, the order cannot be canceled, altered, or intercepted. * Refused Deliveries: Refusing a delivery from the shipping carrier does not constitute a valid cancellation. Because live plants will perish if sent back through the carrier network a second time, refused shipments are non-refundable and completely void all warranties.

WEATHER HOLDS & CANCELLATIONS

As detailed in our Shipping Policy, ATM Gardens reserves the right to hold orders to protect live plants from extreme hot or cold transit temperatures.

  • Please Note: A temporary delay for plant safety does not reopen or extend your cancellation window. Orders currently held in our facility for weather protection are treated as active orders and cannot be canceled or refunded.

HOW REFUNDS ARE PROCESSED

If your cancellation is approved within the guidelines above, a refund will be issued immediately.

  • Refunds can only be sent back to the original payment method used at checkout.

  • Please allow 3-5 business days for your banking institution to process and post the credit to your account.

SECTION 16 - THE ATM GARDENS 60-DAY GROW GUARANTEE 

We want you to succeed in the garden. We offer an extended 60-Day Limited Warranty on all trees and perennial plants to give you peace of mind through the critical planting phase.

How it works: If your plant or tree dies within 60 days of delivery, we will issue you a one-time storefront credit equal to value of your original purchase price of the plant. This store credit allows you to purchase a replacement specimen when you are ready.

Warranty Guidelines & Exclusions:

  • Shipping Fees: The customer is responsible for the shipping costs of the replacement plant. Original shipping fees are non-refundable.

  • Proof of Loss: To activate a warranty claim, you must submit a clear photo showing the dead plant in the ground (or container) along with a photo of a "scratch test" (scratching the bark with a fingernail or coin to prove the wood underneath is brown and dead, not green and alive).

  • Neglect & Weather: This warranty does not cover plant death caused by extreme weather anomalies (unprecedented freezes, floods), animal destruction, or clear neglect (lack of watering/leaving the plant in a box for days).

  • Zone Restrictions: Plants purchased for planting locations outside of their recommended USDA Hardiness Zones are entirely excluded from this warranty. 

    Important: USDA Hardiness Zone Exclusion

    Plants and trees are biologically adapted to specific climate conditions. It is the buyer’s strict responsibility to verify their local USDA Hardiness Zone before completing a purchase. ATM Gardens does not offer refunds, store credits, or replacements for any plant or tree that declines or dies because it was purchased for a location outside of its recommended growing zone. If you choose to purchase a tropical plant for a freezing northern climate, or a cold-hardy tree for a sub-tropical region, you do so entirely at your own risk. If you are unsure of your local growing zone, please consult the official USDA Zone Map or contact our support team before placing your order.

Because we cannot always replicate or replace the exact same plant during certain times of the year, our Store Credit ensures that your investment is always protected. If a replacement isn’t physically available due to the season, your credit will be waiting for you as soon as the next perfect planting window opens.

SECTION - 17 - SHIPPING POLICY

At ATM Gardens, we take immense pride in delivering healthy, vibrant trees and plants directly to your door. Because we are shipping living material, our handling, packaging, and transit timelines are uniquely bound to the realities of weather and agriculture. Please review our shipping practices below.

📦 PROCESSING & FULFILLMENT TIMELINES

  • Standard Processing & Shipping: Once an order is placed, please allow 6-10 business days for our horticultural team to select, inspect, thoroughly hydrate, and custom-package your plants for safe transit along with transit times. 

🚚 CARRIER TRANSIT & DELAYS DISCLAIMER

ATM Gardens partners with USPS. 

  • Transit Time Responsibility: Once a shipment is handed over to the carrier and a tracking number is generated, ATM Gardens is not responsible for carrier transit times, unexpected logistical delays, or transit disruptions. Shipping times reflect the carrier's estimated time in transit after the package leaves our facility, not from the moment the order is placed. We do not issue refunds for shipping fees due to carrier delays.

  • Tracking Your Delivery: It is the buyer’s strict responsibility to monitor the tracking information provided and ensure someone is available to receive the package immediately upon arrival. Plants left outdoors in hot sun or freezing temperatures post-delivery are excluded from our guarantees.

  • In some cases, we reserve the right to temporarily pause and hold the shipment of any order if extreme weather conditions (severe freezes, extreme heat and cold).

ATM Gardens — Healthy Roots, Beautiful Spaces.

Questions about the Terms of Service should be sent to us at:

ATM Gardens Email: support@atmgardens.com

390 Hildreth Rd

McMinnville, TN 37110