Terms & Conditions of Service

All orders are final and can not be cancelled or changed after payment was received.

Fleur Farm’s liability respecting goods sold is limited in amount to the purchase price of such goods only. In no event shall Fleur Farm be liable for incidental or consequential or special damages, including loss of profits or crop.

Buyer acknowledges by accepting delivery that the terms herein are conditions of sale and that they constitute the only agreement between the parties regarding warranty and liability.

Guarantee

We guarantee that our products are viable upon arrival. When your product arrives, inspect it right away. Any errors or issues upon receiving and before planting must be reported within 2 business days of receiving. Any mold or rot should be reported within 2 business days of receiving.

Growing performance AFTER PLANTING is beyond our control and the responsibility of the grower.

Due to the unique growing requirements for corms, bulbs, roots and seeds, Fleur Farm cannot be held liable for unsatisfactory growing results of ranunculus, anemones, tulips, peonies and seeds.

Gifts, gift cards and merchandising products are non-returnable, non-refundable and not covered under warranty.
Items on sale or discounted do not qualify for refunds, warranty or disputes.

Dahlia tubers should sprout through the soil within 3-5 weeks from planting. If they fail to sprout within 6 weeks of planting, contact us for further instructions, and no later than August 1st of the same growing season. Please read Conditions before putting in your claim.

Do not dispose of your tubers until you contacted us. Dig up your tuber to see what’s going on, write a description of the issue, include a picture and email that to flowers at fleurfarm.com so we can review your claim. Please note that any rot, mold or disease after planting is not covered under warranty.

If your claim is approved we will replace your tuber the following season with the same, or a similar variety if the original variety is discontinued, or we may offer a credit. We don’t offer cash refunds.

Should an extraordinary circumstance or medical emergency arise, you may contact us to request a refund. Approval of refund requests is at the sole discretion of Fleur Farm. Approved requests are subject to a 15% processing fee to cover the incurred cost credit card fees, administration and handling. No exceptions.

Shortage

Should we run into a shortage of tuber supply resulting from crop failure or storage failure on our part, we hold the right to either substitute, replace a following season, or refund your purchase for the portion of the missing tubers.

Pricing

All prices are subject to change without notice.

All prices are subject to typing and printing errors.

Payment

Minimum value per order is $5.00.

Declined credit cards for insufficient funds will be charged a processing fee of $15 per occurrence.

Refunds with prior approval are subject to a 15% processing fee.

Special orders MUST be paid for in advance.

Multiple orders:

Shipping is a very labor intensive and manual process. Combining orders into one shipment adds a significant amount of processing time. With the increasing number of orders we receive, we unfortunately won’t be able to offer the service of combining multiple orders into one shipment any longer.

If you want to add to your order, simply place a second order. Your orders will be shipped separately in the order received.

Shipping and Delivery Terms

We ship our packages via USPS, UPS or FedEx and provide you with a tracking number.

All shipments are FOB. Fleur Farm is not responsible for shipments once they leave our facility.

This includes that Fleur Farm is not responsible or liable for:

disappearing packages after they were marked as delivered by the USPS at the address provided on the order.
packages that have been waiting at your local post office for pickup because they could not be delivered to the address provided.
returned packages that could not be delivered to the address provided on the order.
packages lost or damaged in transit by the carrier or Post Office.

Due to rising package theft, all orders over $500 will require a signature upon delivery.

*Warranty Conditions

Fleur Farm is not liable for the following situations, buyer assumes all risk:

loss, damage or failure to grow resulting from weather or poor soil conditions (rot, mold, wind, draught, cold, heat).
loss, damage or failure to grow resulting from rodent or animal damage, disease, or pests.
bloom color abnormalities or discrepancies when our own field crop from the same batch is confirmed to be true to name.
anomalies in color or shape due to mother nature creating mutations during the growing season.

malformed blooms or green centers due to insect damage (like thrips) during the growing season

bi-color varieties turning solid, or any kind of somatic variation in the plant DNA during the growing season.

failure of products that were either forced, grown in pots, or further divided from what you had received.

failure of plugs or shoots taking from our product.

poor customer care or customer negligence.
frozen product if you have chosen a shipping date that is earlier than recommended for your zone.

product that was left unattended or exposed to cold or hot temperatures, or animals.

packages disappearing after they had been marked as delivered by USPS at the address that you have provided on the order.

additional shipping costs if the original address provided was undeliverable.
packages lost because the provided shipping address was incorrect.
ranunculus, anemones, tulips, peonies, seeds, gifts and merchandising goods are non-refundable and not covered under warranty.

Canadian orders are not covered by our guarantee policy due to shipping regulations.

Details on our Terms and Conditions Policy:

section 1 – Payment for Online Orders

All online sales must be made by credit card or Paypal. Fleur Farm accepts payment from the following credit cards: Visa, Mastercard, American Express and Discover.

Acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards.

section 2 – All Orders are Final

ONCE AN ORDER IS SUBMITTED, FLEUR FARM CANNOT CHANGE, CANCEL, MODIFY OR COMBINE AN ORDER, OR CHANGE A METHOD OF PAYMENT OR SHIPPING.

IF YOU WANT ANY ADDITIONAL ITEMS NOT INCLUDED IN YOUR ORIGINAL ORDER, PLEASE PLACE A NEW ORDER. WE ARE UNABLE TO COMBINE SHIPPING ON SEPARATELY PLACED ORDERS.

section 3 – Refunds and Returns

SHOULD AN EXTRAORDINARY CIRCUMSTANCE ARISE BUYER MAY CONTACT FLEUR FARM AND REQUEST A REFUND, BUT IT IS UP TO FLEUR FARM’S DISCRETION WHETHER TO HONOR THAT OR NOT. Refunds are subject to a 15% processing fee to cover the cost of credit card fees and other costs incurred. Shipping costs are nonrefundable.

GIFT CARDS ARE NON-REFUNDABLE AND CAN NOT BE USED TO PURCHASE ANOTHER GIFT CARD.

section 4 – Guarantee

WE GROW ALL DAHLIA VARIETIES THAT ARE FOR SALE AS TUBERS AT OUR VERMONT LOCATION. WE ALSO CARRY BACKUP STOCK FROM OUR DUTCH SOURCES. THE ORIGIN OF OR EACH VARIETY IS LISTED ON THEIR RESPECTIVE PRODUCT PAGES. WE GUARANTEE THAT EACH DAHLIA TUBER HAS EYES AND IS TRUE TO NAME.

ONCE AN ORDER HAS SHIPPED, FLEUR FARM IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, PLANT PERFORMANCE OR LOSS RESULTING IN CROP OR TUBER FAILURE DUE TO WEATHER CONDITIONS, RODENT OR ANIMAL DAMAGE, DISEASE OR PESTS, MOLD, BI-COLOR DAHLIAS TURNING SOLID, POOR CUSTOMER CARE OR CUSTOMER NEGLIGENCE, POOR WINTER STORAGE CONDITIONS, OR PERFORMANCE OF PLANTS IN FOLLOWING SEASONS.

FLEUR FARM IS NOT RESPONSIBLE FOR TUBERS FROZEN DURING OR AFTER SHIPMENT IF THE BUYER HAS CHOSEN AN EARLIER SHIPPING DATE THAN A NORMAL SHIP DATE FOR THEIR PARTICULAR GROWING ZONE. FLEUR FARM IS NOT RESPONSIBLE FOR TUBERS FROZEN IF THE BUYER LEAVES TUBERS EXPOSED TO COLD TEMPERATURES IN THEIR AREA. BUYER ASSUMES ALL RISK.

IF THERE IS ANY ISSUE WITH AN ORDER WHEN RECEIVED, BUYER MUST CONTACT FLEUR FARM VIA EMAIL WITHIN 2 DAYS OF ORDER RECEIPT.

MISLABELED CLUMPS ARE CONSIDERED UNDER WARRANTY ONLY AFTER PHOTOS ARE PROVIDED AND THE REST OF THE BATCH FLEUR FARM HAS ON HAND ARE CONFIRMED AS SIMILARLY MISLABELED.

Please keep in mind that tuber eyes are often still dormant and may be difficult to see and that viable, healthy tubers come in all shapes and sizes. Also keep in mind that tubers break dormancy at different rates by variety and may take up to 6 weeks before they send shoots above the soil.

Your Dahlia tubers should sprout through the soil within 3-5 weeks from planting. If they fail to sprout within 6 weeks of planting, dig the tuber up and contact us immediately for further instructions, no later than August 15th of the same growing season. Do not dispose of any tubers or plants until you have contacted us. Fleur Farm reserves the right to request that a buyer provide photographic evidence and/or return any tubers before a replacement tuber is considered.

We are never responsible for:

any loss or damage resulting from weather conditions, rodent or animal damage, disease, pests or mold.
poor customer care or customer negligence of our tubers.
mother nature creating mutations in color or shape, or bi-color dahlias turning solid, or any somatic variation that occurred in the plant’s DNA.
any failure of tubers or clumps that were either forced, grown in pots, or further divided from what you had received.
any failure of plugs taking from your tubers or clumps.
frozen tubers if you have chosen a shipping date that is earlier than recommended for your zone.
tubers or clumps that were left unattended or exposed to cold temperatures.
packages disappearing after they had been marked as delivered at the address that you have provided on the order.

In these cases BUYER AGREES TO ASSUME ALL RISK.

Ranunculus and anemone corms, tulip bulbs, peony roots, seeds, gifts and merchandising are NOT covered by our guarantee policy beyond 2 days after receiving your order.

section 5 – Replacement

If the failed tubers are covered under our guarantee policy and reported by August 15th of the same growing year, a replacement may be offered if available (Canadian orders excluded).

section 6 – Supply Shortage

FLEUR FARM RESERVES THE RIGHT TO CANCEL ANY ITEM OR ORDER DUE TO SUPPLY SHORTAGE OR OVER SELLING.

FLEUR FARM IS NOT LIABLE FOR SUPPLY SHORTAGE RESULTING FROM CROP FAILURE, STORAGE FAILURE, OVER SELLING OR FREAKS OF NATURE. FLEUR FARM HOLDS THE RIGHT TO EITHER SUBSTITUTE ANY MISSING ITEMS OR OFFER A REFUND FOR ANY UNSHIPPED ITEMS DUE TO SUPPLY SHORTAGE.

section 7 – Shipping and Delivery

We ship most Dahlias between the first week of April and into early May, in order by growing zone.

The anticipated shipment date for your order may shift based on local temperatures at the time of shipping.

Orders will be processed in the order they were received.

Orders will be shipped to the shipping address as submitted when placing the order.

Packages lost because of undeliverable addresses are the sole responsibility of the buyer.

Orders that are marked as delivered by USPS, are now the responsibility of the buyer and no longer of Fleur Farm.

Orders that disappear after being marked as delivered by USPS are the responsibility of the buyer.

section 8 – Shipping International and Canadian orders

Due to phytosanitary regulations we cannot ship our products to destinations outside of the United States, with the exception of Canada. Canadian customers can place orders through the website, but please read the Canadian Details Page first.

For orders being shipped into Canada, an Agricultural Inspection Certificate is required. This Phytosanitary Certificate will state that our plant products are clean and pest free complying with Canadian regulations, and include a specific note stating the absence of Gypsy Moth. When placing your order for Canada, we will automatically add the cost of the Phytosanitary Certificate to your order. Phytosanitary Certificates are not refundable. All orders placed are final.

You do not pay sales tax to us during checkout. You are responsible for reporting and paying any taxes due to your government. Fleur Farm is not responsible should your country charge you an additional import tax on your order.

It is up to the discretion of Canada’s Customs department how long the processing and releasing will take. Fleur Farm is not responsible should Canadian Authorities delay or confiscate your package. Our packages ship without additional insurance. If you wish to insure your package, you need to request this before completing your purchase.

section 9 – Use of Website

This website is operated by Fleur Farm. Throughout the site, the terms “we”, “us” and “our” refer to Fleur Farm. Fleur Farm 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 and/ or purchasing something from us, you engage in our “Service” 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which 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.

Our website is hosted on Woocommerce, the online e-commerce platform that allows us to sell our products and services to you.

section 10 – Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Fleur Farm and/or its content creators and protected by international copyright laws. FLEUR FARM RETAINS THE LEGAL COPYRIGHT AND OWNERSHIP OF ALL IMAGES AND WEBSITE CONTENT MARKED WITH ©FLEURFARM. Images not marked as ©FleurFarm are copyright protected assets from partners we work with, or licensed images that we purchased. It is illegal to crop, modify, scan, and reproduce artwork in any manner without our written permission. The federal copyright law protects copyright of these images. When using images on the internet or any social media sites, proper credits with link backs must be included on every image. Do not use photos or content of Fleur Farm website or social media channels without permission.

section 11 – 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.

section 12 – 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 or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

section 13 – Products or Services

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 anytime without notice, at the sole discretion of us. 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.

section 14 – 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 e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

section 15 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

section 16 – Third Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

section 17 – User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

section 18 – Personal Information

By providing your email address on ANY page on our website you opt-in to receive transactional, promotional and marketing emails from Fleur Farm. You can unsubscribe at any time from marketing and promotional emails.

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

To read our Cookie Policy or to revoke your cookie consent please visit our Cookie Policy page.

section 19 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

section 20 – 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 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 any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

section 21 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fleur Farm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors 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 any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 any content (or product) posted, transmitted, or otherwise made available via the service, 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.

section 22 – Indemnification

You agree to indemnify, defend and hold harmless Fleur Farm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, 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 23 – 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 enforce-ability of any other remaining provisions.

section 24 – 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 also 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 25 – 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 26 – Governing Law

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 United States. By visiting this website, you agree that the laws of Vermont without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Fleur Farm and you, or its business partners and associates.

section 27 – Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Vermont and you consent to exclusive jurisdiction and venue of such courts.

section 28 – 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.

section 29 – Contact

Questions about the Terms of Service should be emailed to us at flowers at fleurfarm dot com

Or mailed to:

Fleur Farm
647 Mad Tom Road
East Dorset VT 05253