EFFECTIVE DATE: Friday, January 01, 2021
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, 2021.
AVAILABILITY – Items cataloged herein will be reserved on paid orders for fall shipment. Peonies do best when planted in autumn and for this reason we ship freshly dug roots from about September 15th throughout December 1st, 2021. 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 first come basis. 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 and no representation 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. If you are interested in additional roots or if you are unsure about possible restrictions, 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 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 with the hard copy order form provided with the printed catalog or be submitted simply by email or letter mail. The printed catalog is mailed to U.S. addresses only. It typically is mailed by the end of February and we accept mail orders including email orders and orders through August 1st, 2021. To receive the printed catalog please sign up online, send us an email or letter mail by March 15th, 2021. U.S. customers interested in receiving the printed catalog after the March 15th deadline may order a copy online, by email or letter mail. The price for a printed catalog after the March 15th deadline is $1.50. The online catalog is accessible to U.S. and Canadian retail customers. We accept orders online throughout December, 2021, 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. The “Under Construction” notice is a message posted 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 depend 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. 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 deliver. 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. Firm commitment of plants is on fully paid orders. Please pay with your order or upon confirmation invoice, 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) 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 this 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 and 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 as 'PAYPAL*HOLLINGSWOR' or 'PAYPAL*HOLLINGSWORTH'. If you pay with PayPal our merchant name will be Hollingsworth Peonies.
ORDER ADDITIONS AND CANCELLATIONS – Retail customers may make changes and additions to an existing order until we start harvesting the plants which usually occurs in the first week of August. If you choose to order several times we will combine your orders into one shipment as long as an additional order is 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. 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 Sunday, August 1st, 2021. Orders cancelled or chanced after September 1st, 2021 are assessed a restocking and processing fee of 50%. Orders cancelled after October 1st, 2021 may not be 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 timeframe. 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. This includes 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 return label. Unauthorized returns will not be refunded. Shipping charges, depending upon circumstance of the return, are to be paid by the customer.
DOMESTIC ORDERS – We continue our flat rate fee policy of charging $19.50 per shipment. Missouri customer pay $12.50 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. In short there are no unexpected surprises. Our domestic carrier is the United States Postal Service (USPS) and we ship all orders Priority Mail. All orders have bar code and can be tracked. USPS can determine if your order was delivered successfully to your location, the ship to 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 successful 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.
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. 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 send 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 hold of you during 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 shipping. Orders that were sent to a wrong address or are 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, or tax-exempt number. Please send us an email to firstname.lastname@example.org if you are interested in receiving our 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 – Orders are shipped USPS Priority Mail. The Canadian shipping charge is $70 flat rate for most orders. For orders exceeding 10 roots we will calculate the actual shipping cost for a larger parcel or additional boxes. 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. These rates are subject to change without notice in the event USDA or USPS impose additional fees or a general increase in price.
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 cultivar protection, U.S. plant patent, copy right, trademark or any other pertinent U.S. law and/or State of Missouri 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, see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx; 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 https://www.trade.gov/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.
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 Cultivar 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 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. We reserve the right to deny service to anyone, at any time, and for any reason, as allowed by law or any other reason.
GENERAL NOTICE – The Terms and Conditions posted on January 1st, 2021 supersedes all prior versions, whether oral or written, with respect to such subject matter. 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.