OVERVIEW

This website is operated by Heron's Nest Dahlias. Throughout
the site, the terms “we,” “us,” and “our” refer to Heron's Nest Dahlias.
Heron's Nest Dahlias offers this website, including all information, tools, and
services or products available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies, and notices stated
here.

By visiting our site and/or purchasing something from us,
you engage in our “services or products” and agree to be bound by the following
terms and conditions (“Terms of Service,” “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including,
without limitation, users who are browsers, vendors, customers, merchants,
and/or contributors of content.

Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or
use any services or products. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current
store shall also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We reserve
the right to update, change, or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.

1. Product Availability

All orders are subject to product availability. As with
other agricultural products, environmental factors outside our control may
impact the availability of certain varieties. If we cannot supply a product for
any reason, we will notify you and refund the purchase price for that item.

2. Shipping and Handling

Currently, we only ship within the United States.

Combined Shipping: We offer combined shipping. If you
place multiple orders before the originating order is to be shipped,
we will combine the orders, recalculate the shipping cost, and refund you the
difference. We can only combine tuber shipments with other tuber
shipments and rooted cuttings with other cuttings shipments. This process is
done manually and will occur immediately prior to your order being shipped.
Once processed, you will receive an email notification with details about the
refunded amount. We reserve the right to refuse combined shipping, should a situation warrant the need to do so.

Shipping Dates for Tubers: We begin shipping tubers
as soon as weather conditions allow, and this varies by state and growing zone.

Shipping Dates for Rooted Cuttings: We ship rooted
cuttings via 2-day shipping methods, year-round.

Shipping Warranty: Heron’s Nest Dahlias guarantees that your order will arrive in viable condition. This warranty is strictly conditional upon the recipient taking possession of the shipment within six (6) hours from the recorded delivery time as documented by the courier service. The courier’s date and time stamp shall serve as the official record of delivery.

This warranty will be automatically voided if the recipient fails to receive the shipment within the specified 6-hour period or if the order is left unattended beyond this timeframe. Additionally, the recipient must provide photographic evidence of the condition of the product on the same date as delivery to be eligible for a warranty claim.

All warranty claims must be submitted within twenty-four (24) hours from the official delivery time, without exception. Claims submitted after this period will not be honored. Heron’s Nest Dahlias reserves the exclusive right to approve or deny all warranty claims based on the information provided, including photos and delivery records.

This warranty applies only to shipping-related issues and does not cover damage resulting from mishandling, negligence, improper storage, or conditions beyond Heron’s Nest Dahlias’ control following delivery.

By placing an order, the customer acknowledges and agrees to the terms and conditions of this shipping warranty.

Shipping Confirmation: All orders will receive a
shipping confirmation and tracking number via email at the time of shipment.

Shipping Fee Schedule for Tubers: Please see Fee
Schedule at the bottom of this page.

Re-Stock Fee for Tubers: It is your responsibility to enter your
mailing address correctly. If an order is shipped to the provided address and
is returned by the courier service (USPS or UPS), or if the order is
refused/returned for any reason, a 20% re-stocking fee will apply before a
refund is issued. Please note that shipping and handling charges are
non-refundable. If an order needs to be re-shipped, reshipping charges will
apply. For information about our Refund Policy, see clause 6.

Re-Stock Fee for Cuttings: There is no re-stock fee for packages returned by
the courier. It is your responsibility to enter your mailing address
correctly. If an order is shipped to the provided address and it is returned by the
courier service (USPS or UPS), or if the order is refused/returned for any reason,
no refund will be issued. For information about our Refund Policy, see clause 6.

Lost Packages: If the tracking information shows that
your package has been delivered but you have not received it, we recommend
visiting your courier service provider (USPS or UPS) with the tracking number
for assistance. Sometimes, packages are marked as delivered but are taken back
to the courier office for pickup if the delivery person did not feel it was
safe (for example, large dogs) to leave the package. If a package is lost in
shipment but shows documented delivery, the order will need to be replaced at
the buyer's expense. We are not liable for packages left at the delivery
address but that come lost or stolen.

3. Pricing

All prices are in U.S. dollars and are subject to change
without notice.

4. Payment Methods

We accept major credit cards.

5. Order Cancellations and Modifications

You may cancel or modify your order within 24 hours of
placement without any charge. After this period, a restocking and cancellation
fee of 20% will apply.

6. Returns and Refunds

It is our responsibility to ship your order to you
successfully. It is your responsibility to check it immediately. Since it is an
agricultural product, any concerns, issues, or disputes regarding your order
must be made by email to heronsnestdahlias@gmail.com within 24 hours of the
time that the courier tracking system confirms delivery. Photographic evidence
may be required to validate your claim. A return shipment of the damaged or disputed
product may be required to process a refund. Refunds will be processed in the
original form of payment, less shipping and handling, and a restocking fee of 20%,
if applicable, may be imposed.

7. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this
site is not accurate, complete, or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete, or more timely sources of information. Any reliance on the
material on this site is at your own risk.

This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.

8. Privacy Policy

We are committed to protecting your privacy. Your personal
information will only be used to process your order and will not be shared with
third parties unless necessary to complete your order.

9. 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 (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.

10. Modifications to Services or Products and Prices

Prices for our products are subject to change without
notice.

We reserve the right at any time to modify or discontinue
the service or products (or any part or content thereof) without notice. We
shall not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the service or products.

11. Products or Services (if applicable)

Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Refund
Policy (see Clause 6 of Terms and Conditions).

We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color will be
accurate.

We reserve the right, but are not obligated, to limit the
sales of our products or services to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any
time without notice, at our sole discretion. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.

We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the service will be corrected.

12. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the email and/or billing address/phone number provided at the time the order
was made.

You agree to provide current, complete, and accurate
purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.

13. Prohibited Uses

In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial, or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the service or products or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the service or products or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the service or
products or any related website for violating any of the prohibited uses.

14. Disclaimer of Warranties; Limitation of Liability

In no case shall Heron's Nest Dahlias, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers, or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation, lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or products procured using the service or
products, or for any other claim related in any way to your use of the service
or products, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or products or any content (or product) posted, transmitted, or
otherwise made available via the service or products, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Heron's
Nest Dahlias and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns, and employees 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 of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third party.

16. Severability

If any provision of these Terms of Service is determined to
be unlawful, void, or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service. Such determination shall not affect the validity and enforceability of
any other remaining provisions.

17. Entire Agreement

The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.

These Terms of Service and any policies or operating rules
posted by us on this site or in respect to the services or products constitute
the entire agreement and understanding between you and us and govern your use
of the services or products, superseding any prior or contemporaneous
agreements, communications, and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).

Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.

18. Governing Law

These Terms of Service and any separate agreements whereby
we provide you services or products shall be governed by and construed in
accordance with the laws of the State of Idaho.

19. Changes to Terms of Service

You can review the most current version of the Terms of
Service at any time at this page.

We reserve the right, at our sole discretion, to update,
change, or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.

20. Contact Information

Questions about the Terms of Service should be sent to us at
heronsnestdahlias@gmail.com.