EFFECTIVE DATE: Wednesday, January 01, 2020
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 1, 2020.
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. The plants will be reserved on orders when paid in full 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 however no representations to availability are made herein.
CATALOG – Our retail catalog is open to U.S. and Canadian citizens. The 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 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 through August 1st. To receive the printed catalog please sign up online, send us an Email or letter mail. The online catalog is accessible to U.S. and Canadian retail customers only. We accept orders online throughout December 1, 2020.
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: bad weather or soil conditions, improper storage conditions, delayed planting, unsuitable planting site, improper climate plantings, and/or other inadequate horticultural practices. 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. 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.
PAYMENT WITH CREDIT CARDS – We prefer payment by check or money order. We accept credit cards for retail orders when placed online. For phone orders, orders received by Email and the postal service we accept payment by check or money order only. 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 4% credit card processing fee. Credit card transactions via the online catalog 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 or second week of August. If you chose 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. There are no additional fees for these changes until August 15th. We may assess a restocking fee of 25% on orders cancelled after Saturday, August 15th, 2020. Orders cancelled after September 1st are assessed a restocking fee of 50%. Due to the perishable nature of peony roots, all sales are final. Please read the cultivar descriptions, visit our online library or send us an Email before your order is mailed.
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. Special Delivery Options or additional insurance is an extra charge.
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 terms and conditions. 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. 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.
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://export.gov/ecr/eg_main_023148.asp. Buyer hereby acknowledges that Buyer is familiar with the export laws and regulations referenced in the above paragraphs and understands the provisions. Buyer’s failure to comply with the requirements of this paragraph and the export laws and regulations referenced herein shall 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). While peonies sold in the retail program are furnished with a limited license to grow such variety for private use, commercial application and reproduction of certain varieties may be prohibited without a licensing agreement.
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, 2020 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.