Terms of Service
Legal Notice
All notices from Silver Mesa to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Silver Mesa shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Silver Mesa five (5) days after the date sent.
Copyright Notice
All content appearing on this Web site is the property of Silver Mesa.
Copyright © 2024, Silver Mesa. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2024, Silver Mesa. All rights reserved.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Silver Mesa. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Silver Mesa or any third party, except as expressly granted herein.
Terms of Use
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Silver Mesa and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Silver Mesa believes that customer conduct violates applicable law or is harmful to the interests of Silver Mesa and its subsidiaries.
Privacy Policy
The privacy policy can be found at TermsFeed HERE.
Shipping and Delivery
We currently ship in the continental United States only (excluding Alaska and Hawaii). We do not ship internationally at this time. All orders will be shipped via USPS or UPS. For larger plants we use UPS.
We will make every effort to ship orders as quickly as possible. Orders will ship on Monday or Tuesday of each week to ensure they do not stay in a dark hot or cold box too long after shipment from our nursery.
Most plants will be shipped bare root. This is a highly effective shipping method for most plants. Your plants will be delivered slightly dry so you will need to plant them in your DIY kit or planter as soon as possible and water as directed. If soil gets on your plants during transportation, you can use a brush or wet paper towel to remove it from the leaves.
Please ensure that the shipping address provided during checkout is accurate. We are not responsible for orders shipped to incorrect addresses provided by the customer.
Shipping costs are calculated based on the weight of your order and the selected shipping method. The total shipping cost will be displayed at checkout and added to your order total.
EXTREME WEATHER NOTICE: We reserve the right to hold shipments during storms or periods of extreme heat or cold.
International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Silver Mesa is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
Silver Mesa charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Silver Mesa makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it's Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Silver Mesa SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Silver Mesa BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Silver Mesa.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Silver Mesa is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Silver Mesa.
The inclusion of material on this server does not imply any endorsement by Silver Mesa, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Silver Mesa tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return Policy
We guarantee happy, healthy plants and containers in good condition (if purchased with DIY kit or separately as accessories) shipped straight to your door! If your plants or container(s) arrive damaged from shipping/ delivery, please visit our Contact Us page (https://silvermesa.com/contact-us/) and promptly send us a message.
We can only accept product returns up to 5 days after delivery. In your message, please include your name, phone number, email address, order number, name(s) of the product(s) you would like to return or exchange, and the reason for your return or exchange.
Once we receive your message, we will contact you via the email address you submitted in the contact form. We ask for proof of the damaged item(s) that includes images of the product(s), shipping box(es), and shipping label(s). To ensure eligibility for a return or exchange for damaged products, please provide an image of the whole product, including the damage(s).
Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Silver Mesa and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Silver Mesa shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Silver Mesa with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Silver Mesa with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Silver Mesa. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.