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Terms of Service

OPERATED BY C&J GARDENING LLC

IMPORTANT NOTICE FOR LIVE PLANT PURCHASES & IN-HOUSE DELIVERY

  • Live Plant Variations: Live plants are unique biological products. Photos demonstrate mature plants at peak season. Delivered plants vary in size, foliage, branching, and appearance. We cannot and do not guarantee that delivered plants will match website photos.
  • Seasonal Dormancy & Pruning: Plants delivered during dormant periods (mid-autumn through mid-spring) may arrive with few or completely without leaves. Pruning may be performed recently, is done for plant health, and is standard nursery practice.
  • Perishable Goods & Usability Disclaimer: All nursery stock is sold AS IS without post-delivery health, productivity, or usability guarantees. Fruit trees, edible plants, and all nursery stock are not sold for any specific purpose, consumption output, or spatial suitability.
  • Buyer Responsibility for Placement & Maturity: Customers are solely responsible for verifying plant growth habits, mature dimensions, space requirements, and site suitability prior to purchase.
  • 7-Day Inspection & Return Window: You have 7 days from delivery or pickup to submit concerns or return requests. Plants removed from their original pots, transplanted, or altered are non-refundable.
  • Perishable Returns: DO NOT ship live plants back via standard mail carriers (USPS, UPS, FedEx). Live plant returns must be made in-person at our nursery or via our scheduled In-House Return Pick-Up Service ($30 fee).

OVERVIEW

This website is operated by C&J Gardening LLC (referred to as "C&J Gardening Center", "we", "us", or "our"). C&J Gardening LLC offers this website, including all information, tools, and services 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, purchasing products, or scheduling an in-house delivery, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including those additional terms, conditions, and policies referenced herein: Refund Policy, Delivery Policy, Grass Sod Policy, Privacy Policy, Safety Notice, and Plant Imagery and Accuracy Disclaimer. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • 3.1 Live Plant Disclaimer: Live plants are dynamic biological items. Photographs on this website are for illustrative purposes to display species when mature or during peak blooming/fruiting seasons. We cannot and do not guarantee that delivered plants will match website photos.
  • 3.2 Size & Measurement Estimates: All measurements and pot sizes are general estimates. Live plants naturally vary in height, shape, stem density, and foliage.
  • 3.3 Seasonal Conditions & Pruning: Plants shipped or delivered during seasonal transitions (late autumn through early spring) may arrive dormant, leafless, or unbloomed. Additionally, plants may be pruned prior to delivery for plant health. These conditions are normal, natural, and do not constitute defective or damaged product.
  • 3.4 Buyer Responsibility for Size & Site Suitability: Products are not sold with any implied suitability for specific growing spaces, soil types, climates, overhead clearances, or property layouts. It is the buyer’s sole responsibility to research and account for a plant's full mature height, canopy spread, root expansion, and environmental requirements before making a purchase.
  • 3.5 Product Usability & Fruit Production Disclaimer: While we sell fruit trees and edible plant varieties, we do not warrant, guarantee, or sell any product for a specific purpose, harvest yield, fruit usability, or consumption suitability. Fruit production depends on independent variables including pollination, climate, chill hours, soil nutrients, pest control, and care. We are not liable for non-fruiting, unexpected fruit quality, or failure to produce.
  • 3.6 Inspection Window: You must inspect your plants immediately upon delivery or pickup. Any concerns regarding plant condition, missing items, or physical damage must be reported to support@cjgardeningcenter.com within 7 days of delivery or pickup, while keeping the plants in their original pots.

SECTION 4 - IN-HOUSE DELIVERY, PICK-UP & SHIPPING

  • 4.1 In-House Fleet Delivery: The majority of our orders are delivered directly by our in-house delivery fleet. Delivery fees cover the service of transport to your specified address. Once delivered to your property, custody and post-delivery care transfer immediately to the buyer.
  • 4.2 Pickup / Will-Call Orders: Orders selected for store pickup must be retrieved within 30 days of the first "Ready For Pick-Up" notification. Orders not retrieved within 30 days will be deemed abandoned and automatically canceled, subject to a 20% restocking fee.
  • 4.3 Service Fees: All charges for completed services (including delivery fees, fuel surcharges, and return pick-up fees) are strictly non-refundable.

SECTION 5 - ORDER CANCELLATIONS & UNAVAILABLE ITEMS

  • 5.1 Order Cancellations: Order processing and inventory staging begin immediately upon checkout.
    • Online Orders: Cancellations requested within 24 hours of purchase receive a full refund. Cancellation requests made after 24 hours are subject to a 20% restocking fee.
    • In-Store Purchases: In-store purchases are processed immediately and are subject to a 20% restocking fee if canceled or returned.
    • Exemptions: Final sale items, promotional sales, specially discounted items, and Grass Sod products cannot be canceled.
  • 5.2 Item Unavailability: If an item becomes unavailable due to inventory changes or environmental factors prior to delivery, we will remove the item, issue a full refund for that specific item, and attempt to contact you with alternative options.

SECTION 6 - RETURNS, EXCHANGES & ELIGIBILITY

  • 6.1 Return Window: You have 7 days from the date of delivery or pickup to submit a return or exchange request via your Account Profile or by emailing support@cjgardeningcenter.com.
  • 6.2 Eligibility Requirements: Plants must be in their original health, condition, and original pots. Any plant that shows signs of being repotted, planted into the ground, pruned, or removed from its original container is strictly ineligible for return due to transplant stress risks.
  • 6.3 Excluded Products: Grass Sod products, final sale items, and clearance items are strictly non-returnable and non-refundable.
  • 6.4 Restocking Fees: Approved returns are subject to a 20% restocking fee, which will be deducted from your final refund or store credit amount.
  • 6.5 Return Method for Live Plants: DO NOT return live plants via mail carriers (USPS, UPS, FedEx). Live plants returned through mail carriers will be rejected. Live plants must be returned in-person to our nursery in Rancho Cucamonga, CA, or via our scheduled In-House Return Pick-Up Service ($30 fee, subject to local delivery service area limits). Non-perishable goods may be mailed back at the buyer's expense with proof of purchase.

SECTION 7 - MODIFICATIONS TO THE SERVICE 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 any part thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or limit any order placed with us. In the event that we make a change to or cancel an order, we will attempt to notify you via the email or phone number provided at checkout. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

SECTION 9 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide access to third-party tools or links to third-party websites over which we have no control or input. You acknowledge that we provide access "as is" without warranties of any kind. Third-party links may direct you to external platforms; we are not responsible for examining or evaluating their content or policies.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us feedback, suggestions, or comments, you agree that we may, at any time, edit, copy, publish, and distribute them without restriction or compensation. We reserve the right to remove content that is unlawful, offensive, or violates intellectual property rights.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - SMS MARKETING

By consenting to C&J Gardening LLC's SMS marketing during checkout or subscription, you agree to receive recurring text notifications (order updates, abandoned cart reminders, marketing offers, review requests). Message frequency varies. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP. Reply HELP for assistance or contact support@cjgardeningcenter.com.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content for any unlawful purpose, to infringe upon intellectual property, to submit false or misleading information, to upload viruses or malicious code, or to collect personal data of others. Violation of prohibited uses will result in immediate termination of Service.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • 14.1 Perishable Goods Waiver: All nursery stock, plants, and fruit trees are perishable goods and are sold "AS IS" and "WITH ALL FAULTS."
  • 14.2 No Implied Warranties or Purpose: We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or fitness for specific space/growing conditions. No advice or information obtained from us shall create any warranty not expressly stated herein.
  • 14.3 Post-Delivery Care & Environmental Conditions: Because plant survival and fruit production depend on external factors beyond our control (including heat spikes, freezing temperatures, soil chemistry, watering habits, improper planting, or local pests), we provide no guarantees regarding post-delivery health, productivity, fruit consumption safety, or growth rate. Post-delivery maintenance and selection suitability rest entirely on the buyer.
  • 14.4 Limitation of Liability: In no case shall C&J Gardening LLC, our directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages arising from your use or purchase of any product or service.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless C&J Gardening LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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.

SECTION 17 - SEVERABILITY

In the event that 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.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.

SECTION 20 - GOVERNING LAW & JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in San Bernardino County, California.

SECTION 21 - CHANGES TO 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 to our website. Your continued use of or access to our website following the posting of changes constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@cjgardeningcenter.com or by mail to:

C&J Gardening Center
8681 Grove Avenue
Rancho Cucamonga, CA 91730