Terms of Service
Effective Date: September 2026. Welcome to Ferny's Botanical Co. (“Ferny's”). By accessing our website (fernys.store) or purchasing our botanical specimens and accessories, you agree to be bound by the following terms.
1. Nature of Living Botanical Specimens
Houseplants are living, perishable organisms. By purchasing, you acknowledge:
- Natural Biological Variation: Photographs on our website represent healthy mature specimens. Individual plants naturally vary in leaf shape, height, branch structure, and variegation patterns. These natural differences are celebrated and do not constitute defective items.
- Immediate Unboxing Obligation: Living plants require light and fresh air immediately upon arrival. Customers must unpack and inspect plants within 24 hours of delivery.
- Perishable Goods Policy: Because live plants perish in transit if returned, we do not accept physical returns of live botanicals. Replacements and refunds are governed strictly by our 100% Live Arrival Guarantee.
2. Orders, Shipping & Cold Weather
Continental US Shipping Only: We deliver exclusively to the 48 contiguous United States. Orders addressed to Alaska, Hawaii, Puerto Rico, or P.O. Boxes will be cancelled and refunded.
Winter Heat Pack Requirement: For deliveries between November and March where transit temperatures drop below 50°F, customers are responsible for ensuring a 72-Hour Botanical Heat Pack ($4.50) is included. Orders without thermal protection in sub-freezing conditions are not covered under freeze damage claims.
Address Accuracy: Customers are responsible for providing complete and correct shipping addresses. Ferny's cannot replace orders misdelivered or returned due to incorrect addresses entered at checkout.
3. Guarantees & Claims
Our customer protections are governed by our Shipping & Returns Policy:
- 100% Live Arrival Guarantee: Notice with clear photographic proof of plant and packaging must be emailed to hello@fernys.store within 48 hours of carrier delivery timestamp.
- 30-Day Plant Care Promise: Includes ongoing diagnostic advice and horticultural guidance from our care team. Does not provide unconditional monetary refunds for neglect, extreme underwatering, or improper re-potting after delivery.
4. Limitation of Liability & Governing Law
To the maximum extent permitted by applicable law, Ferny's Botanical Co. and its partners shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from product use, pet consumption of toxic botanicals, or carrier transit delays. Total liability for any claim shall not exceed the purchase price paid for the specific product.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the County of Los Angeles, without regard to its conflict of law provisions.
Questions Regarding Our Terms?
Our concierge team is available to assist at hello@fernys.store