Introduction

1.1 Hosta Blooms LLC offers online based service for purchasing bare root perennials without leaves. ancillaries (“the Products”). “We/our/us” means Hosta Blooms LLC instead, a company registered in Wisconsin USA (Entity ID #H080475).

1.2 By using this Website and/or placing an Order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions hereunder, do not use, or access this website. You must read and accept all of the terms and conditions contained herein before you may use or access the Website in any way.

1.3 These terms and conditions constitute the entire terms and conditions upon which, Form provides the Website and upon which the Customer agrees to contract for the purchase of Products except where specifically varied by written agreement by Form on its order confirmation.

1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.

1.5 Definitions in this Agreement:

“Agreement” means these terms and conditions together with the Customer’s Order as confirmed in Form’s Order Confirmation.

“the Customer” and “User” or “You / Your” means the company, firm, person, persons, corporation or public authority identified in the Website as contracting for the Service and includes their successors or personal representatives.

“the Contract Price” means the price for the Products ordered, as set out on the Website. “Information” means any and all material contained in this Website.

“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.

“the Website” means the Form Plants website operating under the domain name of www.hostablooms.com

“Working Day” means within the hours of 9.00am to 5.0pm, Monday to Friday only, not including bank holidays;

“Order” means the Customers instruction to Form to proceed and supply the Products.

“Plant Care” means good practice when handling, planting and caring for plants. Plant care will vary depending upon the requirement of the specific type of plant, it is the customer’s responsibility to ensure appropriate plant care is provisioned.

“Product Characteristics” means natural variations in shapes, colors, sizes and all other natural features of plants and other products supplied by Form.

“Plant Sizes” means the sizes specified in the product description.

“Specials” means non-stock items sourced specifically to fulfil your order.

Service provision

2.1 Form will provide an order acknowledgement for all orders placed but reserves the right to accept or reject any Order at its sole discretion.

2.2 Form will use all reasonable endeavors to provide the Products as described on the website.

Basis of Use of the Website

3.1 The Customer agrees to the following: -

3.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;

3.1.2 that you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website (“the Information”) at any time;

3.1.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;

3.1.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality);

3.1.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;

3.1.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested with Form at all times;

3.1.7 that you acknowledge that Form has no obligation to provide the Website or any

Information or to ensure that you are able to use, provide and/or access the Information, and the Website; www.hostablooms.com

3.1.8 that you will indemnify and keep indemnified Hosta Blooms LLC against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.

Order Process

4.1 An Order may be placed on our website at www.hostablooms.com

4.2 Where an Order is placed on the website or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.

4.3. All quotations issued by the website will be valid for 30 days from the date the issued.

4.4 No Agreement in respect of any Order shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation and paid in full.

Customer Obligations

5.1 The Agreement will relate only to those Products which we have confirmed in the Order Confirmation.

5.2 The Customer is advised to understand plant characteristics, and plant care specific to the plants being purchased.

5.3 The customer is advised that due to plant characteristics, plant shapes, colors, sizes and other natural features may vary from images shown and products displayed in our showrooms. Plants are living things and individual characteristics will differ from plant to plant. Hosta Blooms LLC will endeavor to use images and display plants which best represent our products however natural variance will always prevail.

5.4 The customer is advised that plant sizes are approximate and from time to time plants may be slightly smaller or larger than specified on the order confirmation and product description. Plant sizes can vary dependent upon natural factors and timing in relation to growing seasons.

Third Party Websites

6.1 www.hostablooms.com may contain links to websites operated by other parties. Such links are provided for the User’s convenience only. Hosta Blooms LLC does not control

such websites and is not responsible for their content. Hosta Blooms LLC’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any goods and services offered by such websites.

6.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

Charges

7.1 Charges are based upon the Customer paying for the Products at the time of purchase online.

7.2 The prices charged initially shall be those stated on the Website.

7.3 No products will be dispatched until payment has been received in full.

7.4 Hosta Blooms LLC reserves the right to change prices or institute new charges for Products at any time.

Payments

8.1. Prices exclude Taxes and Shipping and handling charges which shall be added and charged at the prevailing rate. We accept payment in US Dollars only.

8.2 You confirm that the credit/debit card that is being used is yours. If the issuer of your card refuses to authorize payment we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.

8.3 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Hosta Blooms LLC.

Proprietary Rights

9.1 All Intellectual Property Rights in the materials on this Website (as well as the organization and layout of this Website) together with the underlying software code are owned by, licensed or authorized to Hosta Blooms LLC, its assignees, licensees or sublicensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Hosta Blooms LLC or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

Termination

10.1 Hosta Blooms LLC may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following:

10.1.1 The Customer shall fail to make full payment at the time of purchase online.

Warranty given by Hosta Blooms LLC

11.1 Hosta Blooms LLC undertakes to use reasonable skill and care in providing the Service as described in the website.

11.2 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the Products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.

11.3 We shall not in any case be liable to you or to any other party for direct, special, incidental, consequential indirect or similar loss or damages (including all manner of costs, fees and expenses) arising from breach of warranty, breach of contract, negligence or any other cause.

11.4 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Form becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Form’s negligence) or otherwise, will not exceed the value of the Order.

Product Characteristics

12.1 The nature of our products means that the shape, size, look, color and tone may vary resulting in the actual product differing in shape, size and appearance from the photographs in our website.

12.2 The Customer is responsible for ensuring that the goods are suitable for their intended purpose and no warranty condition or representation is given by the Form as to the fitness of the goods for any particular environment unless otherwise expressly agreed. Different plants will require different growing conditions and it is the customer’s responsibility to ensure the product is suitable for the specific site and conditions.

12.3 The goods are sold on the express understanding that they are subject to natural characteristics, variation in shape, size, look color and tone are all part of the makeup and appeal of our products.

Force Majeure

13.1 Form shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

13.1.1 act of god, explosion, flood, tempest, fire or accident; weather.

13.1.2 war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition;

13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority;

13.1.4 import or export regulations or embargoes;

13.1.5 strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or

13.1.6 technical problems, external circumstances preventing suppliers delivering against deadlines or

13.1.7 preventing delivery of 3rd party against agreed commitments including postal delivery services.

Cancellations

14.1 If you are purchasing as a consumer, you may cancel your Order with us for the Products you order. If so, please contact us within a few days (less than a week) of receiving your plants with any concerns except subject to clause 14.2 below.

14.2 You cannot cancel your Order, if the Products you have ordered are not a stock item or not standard products or after 7 days since purchase.

14.3 We do not offer refunds or replacements. We will issue you a credit for the original purchase price, less shipping. Your credit will have no expiration date. You may use it to pre-purchase items for upcoming seasons.

Customers are entitled to one credit per item that does not break dormancy. This credit must be requested within 90 days of receiving the item. It is essential to note that if the item was shipped dormant during the winter or spring months, and it fails to break dormancy by July 1st, the credit guarantee extends to the next season. There is some wiggle room here, so just reach out to us, we want you to have a healthy happy plant.

In summary, our credit policy is designed to provide a fair and efficient resolution for customers whose plants fail to break dormancy. By adhering to the outlined procedures, customers can ensure a satisfactory experience while cultivating their gardening endeavors.

14.4 Cancellations fees are as follows for orders you cancelled before shipping

10% restocking fee for cancelled orders $1-$150
15% restocking fee for cancelled orders $151-$400
20% restocking fee for cancelled orders $401+

Please, note that cancellations do not apply to orders that are already in transit. You must contact us prior to shipping to prevent an order from being shipped

Cancellation by us

15.1 Hosta Blooms LLC reserve the right to cancel an order

(i) we have insufficient stock to deliver the Products you have ordered

(ii) we do not deliver to your area

(iii) We have to adhere to state and DATCP imposed guidelines and regulations and as such sometimes they will dictate if our products can be delivered to you even when we have items in stock. In such a case we will follow up and inform you in a timely manner so you can get the items you need from a different method.

Delivery

16.1 Completed Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.

16.2 Hosta Blooms LLC will deliver using USPS priority mail. Times of delivery unless otherwise noted is out of our control and governed by USPS.

16.3 Form shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been received by you, responsibility of plant care, all risk of damage to, or loss of, the products shall pass to you.

16.4 The Customer is responsible for informing Hosta Blooms LLC as to the nature of the delivery address road surface. Some surfaces (such as gravel or loose, uneven or sloping ground) are not suitable for a pallet truck. If the point of delivery is unsuitable for delivery by pallet truck and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges.

16.7 We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order. Order has been received by you, all risk of damage to, or loss of, the products shall pass to you.

16.8 Delivery dates are approximate only and not an essential term of the Agreement. Form shall have no liability in respect of delay in delivery to the Customer.

16.9 Notification of damage, delay or loss of goods in transit or of non-delivery must be given in writing to Hosta Blooms LLC within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of dispatch of the goods). Hosta Blooms LLC shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves

(i) it was not possible to comply with the requirements and

(ii) advice (where required) was given and the claim made as soon as possible.

All returns should be sent to Hosta Blooms LLC PO BOX #4, Lancaster WI 53813 through USPS ONLY

Disclaimer and Limitation of Liability

17.1 In no event will Hosta Blooms LLC be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

17.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

17.3 Hosta Blooms LLC cannot guarantee 100% uptime and endeavors to provide services as described on the website.

Statutory Information

The website; www.hostablooms.com is owned and operated by:

Hosta Blooms LLC

830 State Road 136

STE 1 #2003

Baraboo, WI 51913

Email – director@hostablooms.com

Entity ID. H080475

General

19.1 Failure or delay by Form in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

19.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

19.3 We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.

19.4 The construction, validity and performance of this Agreement shall be governed US Law.