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TERMS AND CONDITIONS

EFFECTIVE DATE: Saturday, January 01, 2022


Availability
New and Rare Varieties
Catalog
Catalog Updates
Plant Quality
   First year flowering
Guarantee
Limitations of Warranty
Payment
   Credit Card
   Checks
   PayPal

             

Credit Card Surcharge
Order Additions
   Cancellations
Returns
Special Delivery Options
   Insurance
   Stolen Packages
Orders
   Domestic
   Wholesale
   Canada
   Online

             

Export
Online Accounts
Governing Law
Intellectual Property Notice
Restrictions of Use
Indemnity
General Notice
Representation



 


Hollingsworth Peonies thanks you for choosing our company and for the opportunity to supply you with our peonies. Please read these terms and conditions carefully as they are effective upon any purchase on or after January 1st, 2022. The terms and conditions outlined below contain the entire agreement and understanding of purchasers and Hollingsworth Peonies, with respect to the matters covered herein, and supersede all prior agreements and understandings, whether oral or written, with respect to the subject matter hereof, and all such other agreements and understandings shall have no further force or effect. We reserve the right to update terms and conditions from time to time and without notice to you.

AVAILABILITY – Items cataloged herein will be reserved on paid orders for fall shipments. Peonies do best when planted in autumn and for this reason we ship freshly dug roots from mid-September throughout the end of November, or as weather conditions permit. Only varieties that are cataloged online, the printed catalog or the wholesale list are available for sale. If a sort is not listed it is not available for sale. The plants will be reserved on fully paid orders until the availability is exhausted. Hollingsworth Peonies will make its best efforts to make all inventory available to our retail customers on a first come basis. Under no circumstance do we maintain a “rain check” or waiting list nor recognize any assumed or implied entitlement or obligation arising from these practices. All products if available and when available and only at that time are offered are on a strictly first come basis. We do not reserve varieties and cancel any unpaid order after fifteen days. While we are very careful with our forecasts we are subject to the uncertainties imposed on us by nature. Prices may be subject to change without notice for orders which full payment has not been confirmed and no representations as to availability are made herein.

NEW AND RARE VARIETIES – Our business goal is to make available new and rare cultivars to all of our customers. Any new or rare cultivar may be limited to one (1) root per customer unless posted otherwise. Under no circumstance shall we permit a customer to buy all available stock, directly or indirectly. We may impose limits on any variety at any time to achieve this goal and as such we reserve the right to prevent anyone at any time from accessing our catalog. We reserve the right to deny service to anyone, at any time, and for any reason, as allowed by law or any other reason. If you are interested in additional roots or if you are unsure about possible restrictions and/or limitations, let us know by email prior placing an order. On occasion we have extra, and if this is the case, we may temporarily increase or lift limits.

CATALOG – Our retail catalog is open to U.S. and Canadian citizens. The wholesale list is available to qualifying U.S. businesses only. The retail assortment is posted online and within the printed catalog (mail order catalog). Not all items are listed in the printed catalog. Any cultivars listed online, including those listed in print can be ordered through the hard copy order form provided within the printed catalog or may be submitted simply by email or letter mail. The printed catalog is mailed to U.S. addresses only and can be used only by customers located in the US. It is typically mailed by the end of March and we accept mail orders including email orders through August 1st, 2022. To receive the printed catalog please sign up online, or send us an email or letter mail, by March 15th, 2022. Customers interested in receiving the printed catalog after the March 15th deadline may order a copy online, by email or letter mail, however the price to mail a printed catalog after the March 15th deadline is $2.50 which covers postage and handling. The online catalog is accessible to U.S. retail customers only. We accept orders online until the 30th of November, 2022 until the inventory is exhausted, or inclement weather such as frost prevents us from shipping.

CATALOG UPDATES – Please note the terms of the catalog may be updated by us from time to time without notice to you and we hereby reserve the right to do so. We may add additional inventory and additional varieties after the field count in June each year and after harvest in September each year. These additions at that time are further inventory we confirmed in our fields and are then for sale on a first come basis. While we are working on our catalog and especially during updates we post the “Under Construction” notice on our home page. It is displayed prominently in red letters, when we are updating the catalog, implementing system upgrades, or are making changes. While some work can be done in a “sandbox” environment, certain work occurs live online. During this time catalog functions and options may change, text and content may undergo modification, disappear and reappear at a later time, limits, prices and available inventory may be corrected and may change several times. Certain updates such as uploading a new catalog may take hours. While we do not prevent customers from placing orders during updates we strongly discourage it. We remove the “Under Construction” notice once all content is uploaded and appears correctly on all of our systems and was checked by our staff for accuracy. Orders received during this time are, if necessary, modified, amended, or cancelled in accordance with our business objectives and Terms. To avoid this inconvenience please wait until the “Under Construction” notice is removed.

PLANT QUALITY – Our peonies are grown right here in the Midwest. USDA regularly inspects our fields, plants and roots in order to maintain the highest quality root stock possible. The divisions meet and commonly exceed the industry number 1 grade - three to five "eyes" (the common name for matured shoot buds). While this statement applies to our divisions in general, some sorts grow inherently irregular roots and may be smaller in size and in some instances have very small or very few eyes. Varieties of this kind are identified in their respective cultivar description. Although the size of the roots depends on the particular cultivar, we intend to send out enough root volume per "eye" to support first year growth all the way to a flower. Many of our roots will produce flowers in the first year after planting. Since we cut our divisions from matured plants that are at least 3 to 5 years old, flower bud initials are already established. While this does not assure the flower develops at your site, it is made possible. Your new plants must also grow new roots in sufficient contact with evenly moist soil to support favorable shoot growth and flower. For further information about how to maintain the quality of your peonies see our online library. Caution, do not expect first year flowers to be typical in size or quantity of petals. But expect them to show color and form consistent with our printed descriptions for the cultivar. If you suspect an error, make a color photo and get back to us by email or letter mail.

GUARANTEE – We guarantee the plants to be healthy and viable upon arrival and true to name when flowered. If a variety is unavailable we will contact you to suggest a substitute or to arrange for a refund. We do not substitute varieties without your explicit permission and this will be documented in writing. Our roots are packed in moist sphagnum peat moss for protection during transport. Please open boxes promptly upon receipt and report to us within 7 days after delivery, if your shipment was damaged, any defects, missing roots or roots do not meet your expectations. Please contact us before planting any of these roots to arrange return shipment of such said roots for replacement or refund. Any claim must be submitted in writing either by paper letter or email no later than 7 days after delivery. Note, your email or letter mail should include color images of the damaged and/or unsatisfactory roots, the variety labels (still attached to the roots) and the packing slip. However, if you lose a plant in the first year, do let us know. We will work with you to diagnose causes and possible store credit.

LIMITATIONS OF WARRANTY – We do not assure the plants will live and grow well for you, that outcome depends too much upon circumstances beyond our control. We cannot be held responsible for losses including but not limited to: delayed planting due to bad weather or soil conditions, improper storage conditions at your site, unsuitable planting site, improper climate plantings, other inadequate horticultural practices and/or an act of God. Claims must be submitted with proper documentation within 7 days of delivery. Any claim may be void if filed more than 7 days after receipt of your order, roots are planted before filing a claim, or proper documentation is missing. Proper documentation is defined as follows: color images of the damaged and/or unsatisfactory roots, the variety labels (still attached to the roots) and the packing slip.

PAYMENT – All prices listed in the catalog are in U.S. dollars and are nonnegotiable. Payments must be submitted in U.S. dollars and drawn from a U.S. bank. Commitment of plants is only on fully paid orders. Please pay with your order or upon confirmation invoice, as we do not send out billing statements. We do not reserve plants and any unpaid order may be cancelled without notice after 15 days. Bank transfer service charges (wire), and the like, are to be paid by buyer. These charges depend on the bank and usually vary in price. Check and money order are the preferred methods of payment. Upon timely order there is plenty of time for your check to clear. Insufficient funds checks “bounced checks” incur a $35.00 surcharge. Claims and back charges due to unauthorized credit card transaction are brought to the attention of our local FBI field office and state law enforcement. Notice, if claims are found to be unsubstantiated or fraudulent in nature you may be found liable for legal fees, penalties and a derogatory entry into your credit report. Balances owed may be sold to debt collectors and result in negative reports to the Credit Agencies. We prefer payment by check or money order. We accept credit cards for retail orders when placed online. We do not accept credit cards by phone, mail, or email to protect your personal information and us from undo liability. Online transactions are encrypted and are handled directly by our merchant bank. Each transaction is unique and can be processed only one time for the amount authorized. Neither do we have access to this information nor do we store any sensitive information such as your credit card number on our servers or otherwise. For phone orders, orders received by email, or by the postal service we accept payment by check or money order. However, customers that do not wish to pay with check or money order may use their credit card via PayPal Money Request or payment to our PayPal account. Those customers choosing to use the PayPal payment options are charged a 3.5% credit card processing fee. Credit card transactions via the online catalog or the PayPal option appear on your statement with our merchant name Hollingsworth Peonies or Botanical Breeding Company LLC.

ORDER ADDITIONS AND CANCELLATIONS – Retail customers may make changes and additions to an existing order until August 1st. If you choose to order several times we will combine your orders into one shipment as long as all additional orders are placed before August 1st. You are charged the flat rate fee only one time no matter if you order one root or many and as long as the additional orders are sent to the same ship to address and is placed before August 1st. There are no additional fees for these changes until August 1st 2021 as long as the change and/or cancellation requests do not exceed five (5). Customers that exceed five (5) change or cancelled orders may be charged a restocking fee of 10% including incurred bank fees if applicable before the August 1st, deadline. Additional orders placed after the August 1st deadline get a separate invoice number and incur shipping charges. These orders are mailed separately and typically at a later date. If you choose to cancel your order before August 1st, we refund the purchase amount except bank processing fees and certain taxes which are not refundable. We may assess a restocking fee of 20% on orders cancelled or changed after Monday, August 1st, 2022. Orders cancelled or changed after September 1st, 2022 are assessed a restocking and processing fee of 50%. Orders cancelled after October 1st, 2022 are not refundable. If you notice an error or you simply change your mind about your order send us an email before your order is mailed. All sales are final after the 7 day period following delivery.

RETURNS – Please contact us immediately and within 7 days upon delivery, if your order was damaged during transport or the roots do not meet your expectations. All claims must be submitted in writing such as email or letter mail within the allotted time frame. Do not plant any of these peonies and do not remove the name tags. Under no circumstance will we consider a return of planted and dug up rootstock. The roots must be shipped in the same box or a box of the exact same size in which they were mailed to you. We use standardized box sizes that are available at your local post office. The return shipment must include the plastic bag and the peat moss padding as well as the packing slip. Upon approval of your return we will email or mail you shipping instructions and a prepaid return label. Unauthorized returns will not be refunded nor will we reimburse shipping charges incurred by you. Shipping charges, depending upon circumstance of the return, are to be paid by the customer.

DOMESTIC -SHIPPING – We continue our flat rate fee policy of charging $23.00 per shipment, plus any applicable taxes or fees. Missouri customers pay $17.00 plus applicable sales tax (6.225%). It does not matter if you order one root or many. Please note, the flat rate fee is the only fee charged on a standard retail order. Our domestic carrier is the United States Postal Service (USPS) and we ship all orders Priority Mail. All orders have a bar code and can be tracked. USPS can determine if your order was delivered successfully to the shipping address you provided, with a GPS (Global Positioning System) record. Your order is insured up to $50 for damage and loss during shipping. This commitment ends with the successful delivery to your address. Items stolen or lost after delivery are no longer covered and are your responsibility. We are happy to provide you with special delivery options or additional insurance via USPS upon your request by email or letter mail. Special Delivery Options or additional insurance is an extra charge. The flat rates are based on the current USPS charges. However, our flat rates may change without notice if USPS decides on increasing rates.

ORDERING ONLINE – The online shopping cart is available to US customers located within the territorial borders of the United State of America. It cannot be used by anyone located outside of the U.S. Our merchant bank monitors and screens all transactions. Each transaction is unique and can be processed for the amount authorized one time only. All customer transaction information is managed by our bank and we do not have access to this information. For instance, we never see your credit card number and thus cannot run your card a second time even if you call us with this request. We do not accept bank card information by phone, email, or letter. This is to protect your privacy and us from undue liability. Our bank will not accept payments originating from foreign countries, an international IP address and/or a connection perceived to originate from a foreign country and/or orders placed incognito such as the VPN or TOR network. We reserve the right to deny service to anyone, at any time, and for any reason, as allowed by law or any other reason. While our automated online system may email you an order acknowledgement, an order is not confirmed until our bank clears the transaction. Orders are processed and confirmed as soon as our bank accepts your payment with PayPal, debit card and/or credit card. This process may take up to 48 hours. Please note an order acknowledgement through our automated online system is not proof of purchase merely a courtesy extended to you and to inform you that our automated system has received your order and that such said order has been queued for processing. Please note, our bank may retain your information in accordance with U.S. federal law as well as applicable State Laws. Alternatively to the electronic payment methods, we offer our customers the option to pay with US check and US money order and will be very happy if you choose this option.

ONLINE ACCOUNT – The online customer accounts are a curtesy and voluntary service. An online account is not necessary to place an order. Orders can be submitted by guest access. All online customer accounts are a self-service. It is the obligation of the customer to protect this information with a suitable password and to keep this information current. Hollingsworth Peonies does not update or change this information and is not responsible to do so. It is the responsibility of a customer to provide the correct billing and shipping address for each and any order. Hollingsworth Peonies does not review or monitor the validity of a ship to address. Orders are sent to the address provided. In order to send tracking information we need a valid and functional email address. A phone number is not necessary but useful in the event we need to get a hold of you prior to shipping. However, the preferred mode of communication is email. Neither do we use this information for marketing nor do we share this information with 3rd parties unless required by law. Hollingsworth Peonies cannot be held liable for mis-shipped orders if the shipping information was incomplete or incorrect. Please check your receipt promptly for mistakes and let us know right away. We are happy to fix any errors prior to shipping. Orders that were sent to a wrong address or returned by the postal service due to undeliverable address may be assessed additional fees, service and shipping charges.

WHOLESALE – This program is restricted to commercial customers located in the United States. To qualify you should provide us with your business credentials such as federal employer identification number EIN, valid state business license number, and tax-exempt number. Please send us an email to office@hpeonies.com if you are interested in accessing our online wholesale list or would like to submit an order. The Wholesale program is governed by its own specific terms as well as the general terms and conditions outlined herein. The wholesale list is usually released right after the field count in late May or early June.

CANADA –We no longer accept Canadian orders online as of January 1st, 2022. If you are interested in placing an order send us an email to office@hpeonies.com or submit your order via letter mail. This is due to the changed price structure of the Canadian Postal Service, a host of laws governing international commerce as well as the vagaries rising from inflation. For Canadian orders we calculate actual shipping charges based on the new price structure for each order and no longer offer the flat rate option. All orders are shipped USPS Priority Mail. In accordance with destination country requirements, all export orders for plants require United States Department of Agriculture, certificate of phytosanitary inspection (PHYTO). The cost for the PHYTO is $100. The rate is subject to change without notice in the event USDA impose additional fees or a general increase in price. For payment we accept bank wire transfer and/or PayPal if permissible, applicable transaction charges and fees including currency conversion fees may apply.

EXPORT – Hollingsworth Peonies complies with any applicable law and regulation governing the export of products to foreign countries. Buyer agrees that it will not export, directly or indirectly, products to any country or foreign national subject to specific federal regulations, including and specifically any products protected by intellectual property rights. Under specific circumstance Hollingsworth Peonies may grant specific license of its protected varieties and products; as long as, and only if buyer complies fully with any export regulation, as well as any USDA Plant Variety Protection, U.S. Plant Patent, U.S. Copyright, U.S. Registered Trademark or any other pertinent U.S. law and/or State regulation. Furthermore, buyer agrees to not export our peony roots and products, protected or otherwise, for which the United States Department of Commerce, Department of State or any other agency of the United States, at the time of the export requires an export license, permit, authorization or other governmental approval from the applicable agency. Buyer also agrees that it will not conduct business activities without the authorization of the United States government with countries and political regimes restricted by the Office of Foreign Assets Control Country Sanctions Programs, as well as those individuals and entities set forth on the Entity List, the Denied Persons List, the Unverified Persons List, the Specially Designated Nationals List, the AECA Debarred List and the Nonproliferation Sanctions list available at the Consolidated Screening List. Any purchase of our roots for the purpose of unauthorized export may be unlawful and constitute a material breach entitling Hollingsworth Peonies to immediately suspend and terminate same; as well as, to seek relief. For inquiries regarding our export program please send us an email to office@hpeonies.com.

GOVERNING LAW – Our Terms and Conditions including all business operations are governed by Missouri law without regard to Missouri choice of law. Missouri courts located in Nodaway County shall have sole jurisdiction and venue to resolve any disputes hereunder.

INTELLECTUAL PROPERTY NOTICE – All content on our website and catalog, including logos, articles, cultivar descriptions, other text, and images are the intellectual property of Hollingsworth Peonies. The content of our website and catalog may be protected by trademark, trade dress, copyright, U.S. patent laws and/or USDA Plant Variety Protection. The website content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Hollingsworth Peonies. Our peony varieties and their respective bare roots, plant tissue including any propagules may be protected by US Plant Patents, USDA Plant Variety Protection (Public Law No: 115-334, Sec. 10108, December 20, 2018), and/or State of Missouri Crop Protection Law MO Rev Stat § 569.132 (2015).

RESTRICTIONS OF USE – Our peonies are furnished with an end-user permit, commonly known as personal use license. They are not offered to large-scale commercial growers, particularly not to commercial growers located outside of the United States of America. Buyer agrees to the limited right to use our roots stock, particularly if this root stock is protected by the State of Missouri Crop Protection Act, U.S. Plant Patent, and/or the USDA Plant Variety Protection Act. Unauthorized export of our rootstock may constitute a direct violation of the Missouri Crop Protection Act as well as other federal laws and regulations. Commercial growers must obtain a license for propagation. We are working actively with the U.S. Customs and Border Protection Agency as well as other agencies pertinent in protecting our intellectual property rights at the border and domestically.

INDEMNITY – Buyer hereby indemnifies and agrees to hold Hollingsworth Peonies harmless from and against all losses, damages, liabilities and expenses (including without limitation reasonable attorney’s fees and charges) resulting from any breach of any representation, warranty, or agreement of Hollingsworth Peonies in this catalog and website.

GENERAL NOTICE – The Terms and Conditions posted on January 1st, 2022 supersedes all prior versions, whether oral or written, with respect to such subject matter. We reserve the right to deny service to anyone, at any time, and for any reason, as allowed by law or any other reason. If any provision of the Terms and Conditions is held invalid by any law or regulation of any government, or by any court, such provision shall be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms and Conditions will remain in full force and effect.

REPRESENTATION – For inquiries regarding licensing and general question about this document please send written letter to Hollingsworth Peonies, Attn: Justin Peter Goldberg, Esq., P.O. Box 233, Maryville, MO 64468.

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