Terms of service

Last updated: April 28, 2026

Habitat Horticulture LLC
1038 Ashby Ave, Berkeley, CA 94710
Email: habitathorticulture@hotmail.com
Phone: 304-591-2922

Welcome to Habitat Horticulture LLC. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing our site, browsing, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our website.

1. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over secure SSL connections.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service without express written permission from us.

2. Products & Services
We strive for accuracy in all product descriptions, images, and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Live plants are natural products and may vary in size, color, and form from photographs. Colors may appear differently depending on your display settings.

Professional installation services are subject to site assessment, permit requirements, and scheduling availability. Quotes are valid for 30 days. Installation services are available within our service area; travel fees may apply for locations outside the San Francisco Bay Area.

3. Pricing & Payment
All prices are in US Dollars (USD) and exclude applicable taxes and shipping unless stated otherwise. We reserve the right to modify prices without notice. Payment is required in full at the time of order. We accept major credit cards and Shopify Payments.

We charge applicable sales tax for orders shipped to California and other states where we have tax nexus. You are responsible for any customs duties or taxes for international shipments.

4. Shipping & Delivery
Shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, weather, or other circumstances beyond our control. Risk of loss and title for items purchased pass to you upon delivery to the carrier. For live plants, our Live Arrival Guarantee provides protection against transit damage.

We ship to addresses within the United States. International shipping may be available on request; contact us for rates and restrictions.

5. Returns & Refunds
Unused, undamaged items may be returned within 30 days for a full refund. Live plants may be returned within 7 days under our Thriving Plant Guarantee. Custom installations and preserved moss art are non-returnable but covered by our satisfaction guarantee. Original shipping costs are non-refundable. See our full Refund & Return Policy for details.

6. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of Habitat Horticulture LLC and protected by United States and international copyright laws. You may not use our content for commercial purposes without our express written consent.

7. User Content
By submitting reviews, photos, or other content to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content you submit, that the content is accurate, and that use of the content does not violate these Terms or any law.

8. Limitation of Liability
Habitat Horticulture LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our products or services. Our total liability shall not exceed the amount you paid for the specific product or service giving rise to the claim.

We do not guarantee that our website will be secure or available at any particular time or location. You use our website at your own risk.

9. Indemnification
You agree to indemnify, defend, and hold harmless Habitat Horticulture LLC, its owner, employees, and agents from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute shall be resolved in the courts located in Alameda County, California.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at habitathorticulture@hotmail.com. We will make good faith efforts to resolve the dispute within 30 days.

11. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. Changes to Terms
We reserve the right to update, change, or replace any part of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

13. Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Habitat Horticulture LLC regarding your use of our website and supersede any prior agreements.

14. Contact Information
Habitat Horticulture LLC
1038 Ashby Ave, Berkeley, CA 94710
Email: habitathorticulture@hotmail.com
Phone: 304-591-2922

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Terms of service

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