Terms and Conditions

Customer Agrees: Customer hereby agrees to and acknowledges the following terms: Nature Hills guarantees that all orders are carefully packaged in a manner that optimizes the safe delivery of the plant products to your location. Shipments are made via FedEx, UPS, or USPS at our discretion. NATURE HILLS NURSERY, INC. IS NOT LIABLE FOR DAMAGE THAT YOUR PLANTS OR CONTAINERS MAY SUSTAIN WHILE IN TRANSIT, PACKAGES LOST IN TRANSIT, OR STOLEN FROM THEIR DESTINATION. If there were delivery issues or your product arrives damaged, please contact customer service by clicking this link: customer-support.naturehills.com within 48 hours of receipt and a review of your claim will be started. You will need to retain the package(s) for a minimum of 7 days, as the parcel company may want to inspect the damaged product. We will reship replacements for damaged product after the carrier has approved the damage claim. If we are currently out of stock of that item, we may offer a substitute, or you may wait until the next shipping season for your area.

Lawful Basis for Data Collection: Customer recognizes to complete a sales transaction, arrange for delivery of purchased products, improve customer experience, and suggest needed additional products, Nature Hills must, and has a right to, obtain and maintain a customer’s personal information related to these functions. Nature Hills will not obtain information that is not directly related to these transactions.

Customer Data: Customer retains the right to remove consent for the use of their data and to request the removal of any and all customer data from our systems. If a customer does not provide consent either by a continued relationship or after renewed consent is requested, customer data will be removed from Nature Hills’ system after a period of thirty-eight months.

Condition of Sale: After you submit your order and the checkout process is completed, your order is taken from inventory and your credit card is charged immediately. Customer agrees that their order will be delivered without requiring a signature. Our carrier will leave the package(s) unsupervised unless other arrangements are made with the carrier by the customer.

Wrong Item: We are careful to label varieties true to name, and we will replace the product if we have sent the incorrect plant. We will not refund the purchase price of the plant, but we will replace the plant at our expense. Customer acknowledges that they understand the plant type they are purchasing as posted on each product page at www.naturehills.com. Nature Hills Nursery, Inc. will not replace or refund any items where the customer purchased the wrong plant type. In the unlikely event that your order arrives missing an item or there were delivery issues, please contact customer service by clicking this link: customer-support.naturehills.com within 48 hours of receipt. We require a picture of the items received; including the packing slip and we will reship. We don't offer refunds, but if the missing item is out of stock customer may substitute an item of comparable value.

Canceling An Order: Requests for cancellation must be made by calling 1-402-934-8116 during normal business hours. Orders cancelled prior to shipment will be charged the greater of a $10.00 cancellation fee or 10% of the purchase price. Large orders and/or freight shipped orders may incur a higher cancellation fee. Orders CANNOT be cancelled after the order is shipped or if the order is in the packaging process.

Returns: All sales are final. In the event a shipment is refused, Nature Hills may, in its sole and absolute discretion, accept the returned merchandise, provided, that the same is like-new and saleable. Nature Hills will not refund shipping on returned items and will not pay for shipping on a returned item. In the event Nature Hills accepts returned merchandise, we will assess a restocking fee equal to 40% of the purchase price of the order. Nature Hills shall not, in any event, be required to grant a credit for merchandise returned to it if such merchandise is not, in the sole and absolute discretion of Nature Hills like-new or saleable. Plants are perishable, and therefore no returns will be accepted past two weeks from delivery date or on material that has been planted.

Optional Purchased 1 Year Plant Warranty: As with all living plants, it is virtually impossible to achieve a 100% survival rate. With this in mind, Nature Hills offers an “Optional Purchased 1 Year Plant Warranty”. If you experience a loss within the 1 year from plant delivery after having provided proper plant care (as posted on our website) and obtained the Optional Purchased 1 Year Plant Warranty when you ordered, we will issue a store credit. We require a picture of the plant(s) to verify the death loss. Upon receipt of picture(s), we will issue a 100% store credit (valid for one year) for the cost of the plants only. NOTE: Our warranty does not cover plants that are planted in a Growing Zone not recommended for the plant. Zones are posted on each product page. Flower bulbs, annual plants, and specified gift items are not covered by this warranty policy. Garden Center products do not qualify. Any destruction of plants resulting from livestock, drought, insecticides, herbicides, fires, floods, etc. are not covered. Large Items requiring Local Delivery are not covered by Nature Hills' paid warranty. Guarantee does not include shipping cost. Warranty credit may only be used once in a single transaction. Customer must contact customer service by clicking this link: customer-support.naturehills.com to access credit. Warranty credit not to be applied to an existing online order. Warranty credit cannot be used toward shipping and no additional promotions apply. Claims will not be accepted if the shipping address is different than the original shipping address.

Plant Information: Growth rates listed on our website are estimates based upon historical data and assume optimum growing conditions. NATURE HILLS NURSERY, INC. DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRODUCTIVITY OF OUR PRODUCTS, AND NATURE HILLS NURSERY, INC IS NOT RESPONSIBLE FOR NORMAL CROP FAILURES, DAMAGE WHILE IN STORAGE IN YOUR POSSESSION, INJURY DUE TO FROST OR NATURAL CAUSES BEYOND OUR CONTROL. Growing plants require a suitable site, compatible environment, and care to prosper, and these are conditions beyond our control. Customer agrees, by accepting these terms and conditions, that the images used on www.naturehills.com product pages, are representative of what the product they purchased will look like when it reaches the age of maturity and is not what they will be receiving with their order.

Loss Claims: If your order had delivery issues or arrives damaged, you must contact Nature Hills within 48 hours as stated above. If you have properly cared for your plant(s) (as posted on our website), did NOT purchase the Optional Purchased 1 Year Plant Warranty, and you experience a loss within one year from the date of delivery of such product, either write to Nature Hills Nursery, Inc., 2336 S 156TH Circle, Omaha, Nebraska 68130 or contact customer service at customer-support.naturehills.com. Nature Hills will, upon receipt of payment of one-half of the current price of the replacement plant (of equal or lesser value), plus regular shipping (excludes flat rate and free ship promotions) as currently posted at www.naturehills.com, replace any warrantable plant that died during said first year. Nature Hills will only replace the plants or trees one time. If the plant you purchased is not available, Nature Hills may provide a similar categorized item (i.e., tree for tree, shrub for shrub, etc.), upon receipt of payment as provided above. Nature Hills will not, in any event, refund the purchase price for the original product. Claims will not be accepted if the shipping address is different than the original shipping address. Nature Hills may require that all plants being claimed as a loss be returned to our company address, at the purchasers' expense, to validate the claim, or we may request pictures (print or digital) of the claimed materials. NOTE: Our guarantee does not cover plants that are planted in a Growing Zone not recommended for the plant. Zones are posted on each product page. Flower bulbs, annual plants, and specified gift items are not covered by our loss claims replacement policy. Garden Center products do not qualify. Large Items requiring Local Delivery are not covered by Nature Hills' standard warranty.

Dormant Plant Material: Nature Hills will send out viable dormant plant materials early in the spring or late in the fall seasons. The plants are 100% healthy but may exhibit dormancy. Dormancy can include browning of the leafy materials or the plant may not have any leaves at all. All of this is very normal for a plant either moving into dormancy or if the plant is dormant. Nature Hills will not accept a warranty or loss claim of a plant as a death loss until the customer plants them and the allowable time (up to 60 days) has been given for the plant to exit dormancy in the plant’s normal cycle.

EXCEPT AS SET FORTH ABOVE, NATURE HILLS NURSERY, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING ANY PRODUCT PURCHASED FROM NATURE HILLS NURSERY, INC., AND NATURE HILLS NURSERY, INC. SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE REMEDIES SET FORTH ABOVE CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU. NATURE HILLS NURSERY, INC. SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES IN AN AMOUNT GREATER THAN THE ORIGINAL PURCHASE PRICE OF ANY PLANT.

All prices are subject to change without notice.

Mobile Terms & Conditions: Nature Hills offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") on 82651. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Nature Hills reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

Authorize Nature Hills to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

Acknowledge that you do not have to agree to receive messages as a condition of purchase.

Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email customer service customer-support.naturehills.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 82651, your message frequency may vary. You may receive alerts about:

Sale promotions
Event information
Product launch announcements
Cart reminders
Back-in-stock alerts
Price drop alerts
Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Nature Hills may add or remove any wireless carrier from the Service at any time without notice. Nature Hills and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Nature Hills, text the word STOP to 82651 any time or reply STOP to any of the text messages you have received from Nature Hills. After texting STOP to 82651, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 82651. This will provide you with an email to customer service (customer-support.naturehills.com). You can also contact us at Nature Hills 2336 S 156th Circle Omaha, Nebraska 68130.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Nature Hills’ services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Nature Hills hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NATURE HILLS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND NATURE HILLS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Nature Hills are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Nature Hills, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.