Terms of service

Welcome to sarahcottaplants.com. These Terms of Service (“Terms”) govern your use of our website and the purchase of products from SarahCotta Plant Inc. (“Company”, “we”, “us”, or “our”).

By accessing this website or placing an order, you agree to be bound by these Terms.



1. Use of Website

By using this website, you confirm that:

• you are at least 18 years old, or using the site under supervision of a parent or legal guardian,
• you will not use this website for any unlawful purpose,
• you will not misuse, copy, or exploit any part of the website without permission.

We reserve the right to refuse service to anyone at any time for any reason.



2. Products and Availability

We specialize in live plants. Each plant is unique, and variations in size, color, shape, and fullness are normal.

• Photos are representative, not exact
• Plants are living organisms and may change during transit
• Minor cosmetic imperfections do not qualify as defects

We reserve the right to:

• limit quantities,
• discontinue products at any time,
• cancel orders at our discretion.

3. Order Processing

• Orders are processed within the timeframe shown at checkout
• Processing time is separate from shipping time
• Orders are fulfilled in the order received

We are not responsible for delays caused by carriers, weather, or circumstances outside our control.



4. Shipping and Risk of Loss

All orders are shipped via third party carriers such as USPS or UPS.

Once an order is handed to the carrier:

• risk of loss transfers to the customer,
• we are not responsible for delays, damage, or loss caused by the carrier.

Customers are responsible for:

• entering the correct shipping address,
• monitoring tracking information,
• retrieving packages promptly upon delivery.

We are not responsible for:

• packages left outside,
• exposure to heat or cold after delivery,
• theft or missing packages marked as delivered.

5. Live Arrival Guarantee

We offer a limited Live Arrival Guarantee subject to the following conditions:

• you must contact us within 8 hours of delivery,
• you must provide clear photos of the plant and packaging,
• the plant must remain in original condition.

Failure to meet these requirements voids the guarantee.

The guarantee does not cover:

• delays caused by shipping carriers,
• weather related damage,
• improper care after delivery,
• minor cosmetic imperfections,
• buyer negligence.

We reserve the sole right to determine eligibility for replacement or refund.



6. Weather and Shipping Risk Disclosure

Live plants are sensitive to temperature and transit conditions.

By placing an order, you acknowledge:

• you assume the risk of weather related damage,
• you are responsible for selecting appropriate shipping options,
• expedited shipping and heat protection are strongly recommended during extreme temperatures.

We are not responsible for damage caused by cold, heat, or transit conditions.



7. Returns and Refunds

All sales are final.

Due to the nature of live plants:

• we do not accept returns,
• we do not offer refunds outside of the Live Arrival Guarantee.

We do not accept claims submitted after the required timeframe.



8. Billing and Payments

We accept payments through third party payment processors.

By submitting payment, you represent that:

• you are authorized to use the payment method,
• all billing information is accurate.

We reserve the right to cancel orders suspected of fraud or unauthorized activity.



9. Chargebacks and Payment Disputes

By placing an order, you agree not to initiate a chargeback or payment dispute without first contacting us to resolve the issue.

If a chargeback is initiated in violation of these Terms:

• we reserve the right to dispute the chargeback with evidence, including order records, tracking confirmation, delivery confirmation, and this Terms of Service,
• you agree that failure to follow our Live Arrival Guarantee process may be used as evidence in the dispute,
• you may be responsible for any fees, costs, or expenses incurred as a result of the chargeback, to the extent permitted by law,
• we reserve the right to refuse future service to customers who initiate fraudulent or abusive chargebacks.

10. Intellectual Property

All content on this website, including images, text, branding, and design, is the property of SarahCotta Plant Inc.

You may not reproduce, distribute, or use our content without written permission.



11. Limitation of Liability

To the fullest extent permitted by law:

• we are not liable for any indirect, incidental, or consequential damages,
• we are not liable for plant condition after delivery,
• we are not liable for shipping delays, losses, or damages caused by carriers,
• we are not liable for improper plant care by the customer.

Our total liability shall not exceed the amount paid for the product.



12. Disclaimer

All plants are sold “as is” and without warranties of any kind, express or implied.

We do not guarantee:

• future growth,
• long term health,
• survival after delivery.

Plant care varies by environment, and success depends on the buyer’s conditions and experience.



13. Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to:

• acts of God, natural disasters, or extreme weather,
• shipping carrier delays or disruptions,
• labor shortages or strikes,
• supply chain interruptions,
• government actions,
• power outages or system failures.

In such events, we reserve the right to delay, modify, or cancel orders as necessary.



14. Binding Arbitration and Dispute Resolution

Please read this section carefully. It affects your legal rights.


Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to your purchase, use of the website, or these Terms shall be resolved exclusively through binding arbitration, rather than in court, except as otherwise stated below.


Arbitration Process

• Arbitration shall be administered by a recognized arbitration provider in the United States
• The arbitration will take place in Los Angeles County, California
• The arbitrator’s decision will be final and binding

Waiver of Jury Trial and Class Actions

You agree that:

• you waive your right to a trial by jury,
• you waive your right to participate in any class action or class arbitration,
• disputes will be resolved on an individual basis only.

Exceptions

We may bring claims in small claims court where appropriate, and we may seek injunctive relief for misuse of intellectual property or fraud.



15. Indemnification

You agree to indemnify and hold harmless SarahCotta Plant Inc. from any claims, damages, or expenses arising from:

• your misuse of the website,
• your violation of these Terms,
• your handling or care of plants after delivery.

16. Privacy

Your use of this website is also governed by our Privacy Policy.



17. Governing Law

These Terms are governed by the laws of the State of California.



18. Changes to Terms

We reserve the right to update these Terms at any time.

Changes are effective immediately upon posting. Continued use of the website constitutes acceptance of the updated Terms.



19. Contact Information

SarahCotta Plant Inc.
401 N Verdugo Rd. Suite A
Glendale, CA 91206

Email: info@sarahcottaplants.com
Phone: 818 245 6505