Terms and Conditions
Last updated: August 15, 2022
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://mistymountainnursery.com website (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Misty Mountain Nursery, LLC.
Misty Mountain Nursery, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Misty Mountain Nursery, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://mistymountainnursery.com website (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Misty Mountain Nursery, LLC.
Misty Mountain Nursery, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Misty Mountain Nursery, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Privacy Policy
Last updated: August 15, 2022
Misty Mountain Nursery, LLC (“us”, “we”, or “our”) operates the Misty Mountain Nursery, LLC website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://weedseedsusa.com
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
Log Data
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us.
Misty Mountain Nursery, LLC (“us”, “we”, or “our”) operates the Misty Mountain Nursery, LLC website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://weedseedsusa.com
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
Log Data
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us.
Refund Policies
REFUND POLICIES:
We stand by the quality of the products we provide but understand if a refund is necessary.
REFUNDS & REPLACEMENTS
Any claims for misprinted/damaged/defective items must be submitted within 30 days of receiving the product:
For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.
Claims deemed an error on our part are covered at our expense and are either replaced or fully refunded.
If you notice an issue with the products or anything in the order that seems to be out of place, contact us at refund@mistymountainnursery.com and send a photograph along with a brief explanation of the problem. We will review the issue and notify you of the approval or rejection of a replacement/refund. If your claim gets approved, and you require a replacement, we will have a new order shipped to you within 3 business days. If you request a refund, a credit will be automatically applied to your credit card or original payment method within a few work days.
REPLACEMENT/REFUND EXEMPTIONS
We will not grant a refund, credit your account, or replace a produced product in case of:
Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed – Shipments that go unclaimed are returned to our facility, and you will be liable for the cost of a reshipment to yourself.
Buyer's Remorse – It is best to contact us before returning any products. We do not refund orders for buyer’s remorse.
Product is created, but not yet shipped - In case, you wish to cancel the order while it is still in the status "Accepted", but the product has already been prepared by the fulfillment team, we will not be able to cancel and refund the order.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet:
If you particularly requested a cash refund, then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank - there is often some processing time before a refund is posted. If you’ve done all of this and still have not received your refund, please get in touch with us at refund@mistymountainnursery.com for assistance.
We stand by the quality of the products we provide but understand if a refund is necessary.
REFUNDS & REPLACEMENTS
Any claims for misprinted/damaged/defective items must be submitted within 30 days of receiving the product:
For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.
Claims deemed an error on our part are covered at our expense and are either replaced or fully refunded.
If you notice an issue with the products or anything in the order that seems to be out of place, contact us at refund@mistymountainnursery.com and send a photograph along with a brief explanation of the problem. We will review the issue and notify you of the approval or rejection of a replacement/refund. If your claim gets approved, and you require a replacement, we will have a new order shipped to you within 3 business days. If you request a refund, a credit will be automatically applied to your credit card or original payment method within a few work days.
REPLACEMENT/REFUND EXEMPTIONS
We will not grant a refund, credit your account, or replace a produced product in case of:
Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed – Shipments that go unclaimed are returned to our facility, and you will be liable for the cost of a reshipment to yourself.
Buyer's Remorse – It is best to contact us before returning any products. We do not refund orders for buyer’s remorse.
Product is created, but not yet shipped - In case, you wish to cancel the order while it is still in the status "Accepted", but the product has already been prepared by the fulfillment team, we will not be able to cancel and refund the order.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet:
If you particularly requested a cash refund, then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank - there is often some processing time before a refund is posted. If you’ve done all of this and still have not received your refund, please get in touch with us at refund@mistymountainnursery.com for assistance.
SHIPPING INFORMATION
Please note, that usually, order fulfillment time takes 2-5 business days before shipping. Orders that contain more than 10 items might take 3-10 business days to fulfill. The countdown starts as soon as the order status changes to "Accepted". The first 24 hours, the order status will indicate "New".
Please see the shipping times below:
US: Domestic - Regular 1-4 business days by USPS
US Domestic - Express 1-3 business days by FedEx
Please see the shipping times below:
US: Domestic - Regular 1-4 business days by USPS
US Domestic - Express 1-3 business days by FedEx