Terms & Conditions

Shop Terms & Conditions

Introduction

Welcome to Woodside—we’re thrilled that you’re here! In order to avoid confusion and to clarify the rights and obligations between Woodside Flower Co. (“Woodside” or “we” or “us”) and its online shop customers and website visitors (“you”), we require that all purchasers and visitors read and agree to these terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By using or accessing the Woodside Online Shop as well as all related websites operated by Woodside (which includes https://www.woodsideflower.com/ and https://shop.woodsideflower.com among others) (collectively the “Site”), you agree to these Terms of Use.

1. Payment for Online Orders

All online sales must be made by credit card, Apple Pay, or Paypal. Woodside 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.

Once an order is submitted, Woodside cannot change, modify or combine an order or change a method of payment.

2. International Orders

Woodside offers limited international shipping. Please note that international orders may take up to a month to arrive and may be subject to additional restrictions or duties, which vary by country and the contents of your order. If you are placing an order from outside the United States, it is your responsibility to understand your country’s restrictions, duties and any special requirements in order to receive imported goods and to ensure that your orders are in compliance with such requirements. If your country restricts packages based on the value of the contents, you must ensure that each order you place is within this limit. If you wish to order seeds or products that exceed that value, you should place separate orders, each within the limit. Woodside has no control over additional fees and is not responsible for confiscated items, delayed orders, or any additional duties or taxes that may be imposed by your country’s customs office or other government agencies. Please note that all orders will be processed in U.S. currency.

Packages returned to Woodside due to a failure or refusal to pay the duties or taxes are ineligible for a refund of shipping fees and will be subject to a 20% restocking fee.

Please see our Shipping & Delivery page for additional information about international shipping restrictions. The terms set forth on the Shipping & Delivery page are incorporated herein by this reference.

3. Seeds

All of the seeds we offer in our shop are of the highest quality and are tested frequently to ensure excellent germination. We guarantee that our seeds will grow and thrive. We have found that many seed starting problems can be remedied by setting up a proper seed starting area before sowing any seeds. Using high quality potting mix and providing adequate amounts of light, water, and consistent temperatures will be critical to seed starting success.

If your seeds do not perform, please contact us immediately and we will happily send you replacement seed if available, or refund the purchase price. Our guarantee is limited to the purchase price of the seed only; shipping costs are nonrefundable. Woodside is not liable for any damage or loss resulting from crop failure. Reports must be made within 2 weeks of discovering the problem and within 1 year of purchase.

4. Tools & Supplies

Due to their custom nature, our tools and supplies are non-refundable unless your order arrives damaged or incorrect. If items are damaged in transit or you receive an incorrect order, please notify support@woodsideflower.com and we will replace them.

5. Apparel

Clothing items that have never been washed or worn may be returned within 10 days of purchase for a full refund. Shipping is non-refundable.

6. General Disclaimer and Limitation of Liability

Except as expressly provided in these Terms of Use, Woodside makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Woodside be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Woodside has been advised or is aware of the possibility of such damages.

7. Notices

When you register with Woodside and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Woodside. You consent to receive notices electronically by way of transmitting the notice to you by email.

8. Privacy and Security

Please refer to Woodside’s Privacy Policy for more information on how your information may be protected and stored.

9. Commitment to Accessibility

Woodside is committed to making our Site’s content accessible and user friendly to everyone and we are working to continually improve our browsing and shopping experience. We are currently reviewing our site using WCAG 2.1 AA guidelines, with a focus on accessible navigation, correct alt text usage, readability of messaging/alerts, product content containers, and color contrast.

If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email support@woodsideflower.com. We would be happy to assist you in completing an order or answering questions in the way that works best for you.

10. Third-Party Services

Woodside shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Woodside reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.

11. Indemnity

You agree to indemnify and hold Woodside and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Woodside reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Dispute Resolution

In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in York County, Maine, governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in York County, Maine. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Woodside from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

14. Waiver of Class Action

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Miscellaneous Terms

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.