Terms & Conditions — The Cultivary
Effective Date: May 21, 2026
Welcome to The Cultivary (“The Cultivary,” “we,” “our,” or “us”).
By accessing or using our website, purchasing products, or interacting with our services, you agree to the following Terms & Conditions.
Please read these terms carefully before using our website or placing an order.
1. Acceptance of Terms
By accessing this website or placing an order, you agree to be bound by these Terms & Conditions, our Privacy Policy, Shipping Policy, and any additional policies referenced on this website.
If you do not agree with these terms, please do not use our website or services.
2. Business Information
The Cultivary is a Texas-based plant business specializing in live tropical houseplants, plant care products, and substrate products.
We operate in compliance with applicable Texas nursery and agricultural regulations.
3. Product Availability
All products are subject to availability.
Because we sell live plants:
- Plant appearance may vary
- Size, coloration, leaf count, and maturity may differ from listing photos
- Minor cosmetic imperfections are considered normal
We reserve the right to:
- Limit quantities
- Refuse service
- Cancel orders
- Discontinue products without notice
If an item becomes unavailable after purchase, we may issue a refund or store credit.
4. Pricing & Payments
All prices are listed in U.S. Dollars (USD).
We reserve the right to change pricing at any time without prior notice.
Accepted payment methods may include:
- Credit/debit cards
- Shop Pay
- PayPal
- Other approved payment providers
Payments are securely processed through third-party payment processors.
5. Shipping & Delivery
Shipping terms are governed by our Shipping Policy.
Key shipping terms include:
- Standard shipping is typically 2-business-day shipping
- Orders over $100 may qualify for free shipping
- Live plant shipping carries inherent risks due to weather and carrier handling
Customers are responsible for:
- Providing accurate shipping information
- Monitoring weather conditions
- Promptly retrieving delivered packages
The Cultivary is not responsible for damage caused by:
- Incorrect addresses
- Delayed package retrieval
- Weather exposure after delivery
- Carrier delays outside our control
6. Live Plant Disclaimer
Live plants are living organisms and may experience:
- Shipping stress
- Cosmetic damage
- Minor leaf yellowing
- Soil shifting
- Temporary acclimation issues
These conditions are common during transit and adjustment periods and do not automatically qualify for refunds or replacements.
Plant growth outcomes vary based on:
- Lighting
- Humidity
- Water quality
- Fertilization
- Temperature
- General plant care practices
We cannot guarantee long-term plant health after delivery.
7. Refunds & Damage Claims
If a shipment arrives significantly damaged due to verified carrier mishandling, we may offer:
- Refund to the original payment method, or
- Store credit
Damage claims must:
- Be submitted within 24 hours of delivery
- Include clear photos of:
- The plant
- Packaging
- Shipping box
- Shipping label
Refunds are issued at our discretion after claim review.
We reserve the right to deny claims that:
- Lack sufficient documentation
- Are submitted outside the claim window
- Involve normal shipping stress or acclimation
8. Intellectual Property
All website content, including but not limited to:
- Logos
- Branding
- Product descriptions
- Images
- Graphics
- Website design
- Educational content
is the property of The Cultivary unless otherwise stated and may not be copied, reproduced, or distributed without written permission.
9. Limitation of Liability
To the maximum extent permitted by law, The Cultivary shall not be liable for:
- Indirect damages
- Incidental damages
- Consequential damages
- Plant loss after delivery
- Delays caused by shipping carriers
- Weather-related damages
- User misuse of products
Our maximum liability shall not exceed the amount paid for the applicable order.
10. Agricultural Compliance
Customers are responsible for understanding local import restrictions regarding live plants.
We reserve the right to refuse shipment to states or jurisdictions where specific plants are restricted or prohibited.
11. Website Use
You agree not to:
- Use the website for unlawful purposes
- Attempt unauthorized access to systems
- Interfere with website functionality
- Use automated scraping or malicious tools against the website
We reserve the right to terminate access for violations of these terms.
12. Privacy
Your use of our website is also governed by our Privacy Policy.
Please review our Privacy Policy for information regarding how we collect, use, and protect personal information.
13. Changes to Terms
We reserve the right to modify these Terms & Conditions at any time without prior notice.
Updated terms become effective immediately upon posting to the website.
14. Governing Law
These Terms & Conditions shall be governed by and interpreted under the laws of the State of Texas, without regard to conflict of law principles.
15. Contact Information
For questions regarding these Terms & Conditions, please contact:
The Cultivary
Email: cultivar@thecultivary.com
Website: The Cultivary Website