Terms of Service
Acceptance of Contract Terms
The following forms a legal agreement between you and Tropical Acres Farms Inc. by using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales thereunder is governed by the laws of the State of Florida, without regard to conflict of laws rules and Florida will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.
This website is operated by Tropical Acres Farms, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Tropical Acres Farms Inc. Tropical Acres Farms, Inc. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Ownership Of Content
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by Tropical Acres Farms or others we license Content from, and is protected by copyright, trademark, patent and other laws. Tropical Acres Farms reserves all rights not expressly described in these Terms.
All contents, service marks and Pictures are owned, registered and/or licensed by Tropical Acres Farms. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent Tropical Acres Farms approves the download or use of Content comprised of copyrights or copyrightable works, Tropical Acres Farms grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Tropical Acres Farms makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Tropical Acres Farms reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Tropical Acres Farms reserves the right to take down any Content in violation of these terms or Tropical Acres Farm’s intellectual property rights. Tropical Acres Farms allowing you this limited use does not constitute a waiver of any of Tropical Acres Farm’s rights to the Content.
Outside of the specific usage rights granted to you by Tropical Acres Farm in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Tropical Acres Farm’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Tropical Acres Farms is not responsible for:
Items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the recipient.
All Sales are final
To contact our customer service department, please email us at email@example.com
6 - Order Acceptance Policy
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Tropical Acres Farms reserves the right at any time after receipt of your order to accept or decline your order for any reason.
7 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
8 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9 - Third-Party Links
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10 - User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11 - Personal Information
12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 - Disclaimer of Warranties; Limitation of Liability ((if applicable)
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tropical Acres Farms, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15 - Indemnification
You agree to indemnify, defend and hold harmless Tropical Acres Farms, affiliates, partners, officers, directors, agents, contractors, licensor, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
16 - Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce ability of any other remaining provisions.
17 - Products Fruits, Trees & Budwood Checklist Service
FRUITS FOR PICKUP
Fruit for local pickup only is fruit mature ripe or close to ripe we are not able to make any delivery and/or shipping to avoid fruit damage or override fruit
If you order & paid for fruit for pickup you have up to 48 hours to come to pick up your order. If you do not show up after that lapse of time, we will be canceling your order and charge a fee of 4% to 5% for concept of overripe or damage fruits.
WHOLESALE GRAFTING REQUEST
A Wholesale order grafting request is an order for us to produce the specific tree that we don't currently have available in stock. We must graft the tree and then it must go through a multi-month process to heal and grow. Only Once the small tree has completed two flushes of growth since it was grafted do we consider it ready to leave our nursery.
To make a wholesale order with us you should agree to:
A 50% deposit is required to place an order and 50% on completion.
Once an order is placed, it may not be canceled.
Balance in full is due upon completion.
Once the balance is paid, we will schedule a pick up.
The seller is responsible for alerting the customer when the order is ready to be picked up, and it is the responsibility of the customer to arrange with the carrier the pick-up time and transit time.
Mango Trees will be grafted in Summer/Fall 2023. Estimate time ready for pick-up Spring/Summer 2024.
CPU: Customer Pickup, the Customer comes in and picks up the order using their own equipment.
Customer agrees to take care of any obligations with respect to the payments, handling and fees for phytosanitary certification associated with this order. Fee shall be determined before inspection.
Expect some variance in size. If for any reason we aren’t able to produce some number of the order, a refund will be issued prorated by the individual number of trees.
Trees are considered ready after second flush of growth from point of grafting. Once the trees are ready, you will have 3 months to pick them up
Failure to take delivery of the trees may result in the trees being sold to another vendor or possibly incur a re-potting fee.
We have limited space in our nursery so cannot hold onto wholesale orders for very long periods of time.
All wholesale Grafting tree requests are subject to 10% restocking fee, per cancellation or changes once the order has been grafted. No Exceptions.
GRAFTING TREES REQUEST & DEADLINE FOR GRAFTING REQUEST
Grafting requests placed after September 30/2021 for trees that are not in existing inventory will be grafted in Spring of 2022. These trees will be ready by Fall (October-November) of 2022 most likely.
Grafting requests placed after April 30/2022 for trees that are not in existing inventory will be grafted in Late Summer or Fall of 2022. These trees will be ready by Spring/Summer of 2023.
Grafting requests placed after April 30/2023 for trees that are not in existing inventory will be grafted in Late Summer or Fall of 2023. These trees will be ready by Spring/Summer of 2024.
The buds need to flush growth twice before we consider it ready enough to leave our nursery.
About California Shipments
California requires several phytosanitary certifications, specifically against two different kinds of nematodes, as well as an imported fire ant certification.
They also require that we only grow California-certified trees on special benches.
The cost of these for California-bound trees is automatically priced into the shipping when that gets calculated.
If you indicate a shipping address in in California, please be aware of our policy which requires recipients to assume all financial risk for any trees shipped to a California address due to the potential for rejection, seizure and destruction of the plant by state of California Agricultural authorities. While we will provide Phyto sanitary certification as required and do our best to ensure the plants are pest and disease free, we will NOT supply a refund for ANY seized trees.
On some plants, partially or even completely.
This is due to new requirements of CA department of agriculture.
Any leaf with a spot or dot (including those natural occurred coloration due to sun/weather conditions) cannot enter the territory of the Country of California.
All our plants shipped to CA, are 100% free of pests. However, we've had a bad experience when even sun-burned leaves became a reason why the whole shipment was destroyed by CA department of AG.
Possible Shipping Delays
If you place an order when extreme temperature or weather conditions are likely. We will be delaying or scheduling your shipping to better weather conditions to avoid damages on your tropical plant(s). If the customers are not able to wait, Buyers assume full risk for Plants damages during shipping.
Processing time for CA orders is longer than for orders going to other states. This additional time is required for preparing plants for shipping (additional treatments and quarantine).
Thanks for your patience.
Shipping Methods for Trees
We attempt to provide the most economical rate depending on your location using following services:
FedEx 2-day Express Shipping - Highly Recommended.
FedEx 3 to 5 Days Express
FedEx Ground/Home 5 to 7+ days:
We can ground ship for less but that can take a week or sometimes longer & it could be increasing the risk on your trees.
BUDWOOD CHECKLIST & COLLECTING SCIONS SERVICE.
Please know that there will be a $6 checklist fee to have us check the list for you. This will be used towards your order and non-refundable once we check your list, *unless* we find no available budwood from your list, in which case the $6 will be refunded. Once we have checked your list, we will send you an invoice for the varieties which are ready.
Scion Price $6 each.
Budwood Checklist requests the deadline is until every Saturday at 1:00 pm Easter Time. We will be checking Every Sunday & sending invoice Sunday & Monday. The last day for payment confirmation & shipping orders is going to be Thursday of every week.
The invoice is going to be available for 72 hours due to the nature of vegetative growth, budwood requests are time-sensitive. Orders should be placed as soon as notification is received that desired varieties have ready buds. A variety marked ready may be unsuitable for grafting several days later.
CANCELLATION & RESTOCKING FEE
Restocking Fees after Ready for Pickup or Shipment Communication
For Order canceling after Ready for pickup or shipment communication, Tropical Acres Farms will be applying a restocking fee of 10% of total of the order. No Exceptions.
All Graft Requests are subject to 10% restocking fee, per cancellation or changes once the order has been grafted. No Exceptions.
All our orders are subject to 3.5% restocking fee, per cancellation once the order has been made to cover transaction fees. No Exceptions.
Except as expressly set forth herein, Buyer may not return any goods without Seller’s written consent. All returns are subject to a restocking fee/handling charge a of the total cost of the product returned to the facilities, which may change from time to time. Contact Seller to determine the exact amount. If the goods are specially ordered by the Buyer, and cannot be returned to the manufacturer, Seller shall have no obligation to accept the return of the goods, and Buyer shall remain liable for the entire purchase price of the goods.
If you are not available to pick-up your order after we sent you three notifications, your order could be subject to carries storage charges of $2 weekly. (We provide shipping service upon request and additional charges will be apply)
18 - Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the United States.
21 - Payment Terms
All orders must be prepaid by credit card, cashier's check, money order, or personal check. All orders must be paid in full before shipping.
22 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or by mail using the details provided below:
Tropical Acres Farms
[Re: Terms of Service Compliance Officer]
1010 Camellia Rd, West Palm Beach FL 33405, United States.