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Terms and Conditions
NESEED strives to create exceptional seed ordering experience for our customers. Our business foundation is built on a solid customer relationship with you, our valued customer.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Ordering Terms and Conditions
Payment Terms
We will accept Discover, Visa, Mastercard and American Express.
For credit accounts or other methods of payment please call our office at 1-800-825-5477.
Prices
All prices on our website and hardcopy catalog are subject to change without notice; but we will not change our price unless absolutely necessary. Orders will be invoiced at the price prevailing at the time of shipment. Although every effort is made to keep pricing as accurate as possible, NESEED will not be responsible for pricing errors.
Back Order Policy
All items will be back-ordered unless item is sold out or a crop failure. Unless the customer notifies NESEED in writing, all back-orders shall be shipped. If payment is over the amount which is filled, the difference will be credited to you and applied toward your next purchase. Credits left on accounts for over 1 year will be deleted. Items MAY NOT be added to any back order.
Delivery
Please allow 7–10 business days for delivery. All seed orders under $100.00 are subject to a handling charge. See current catalog for details. Handling for all seed orders $100.00 and above are free of charge in the continental United States (not including plugs or hardgoods). We will normally ship by first class, priority mail, or UPS. Items that need to be delivered sooner (such as overnight) or items that will be shipped outside the continental United States will require additional charges.
International Sales (Outside Continental United States) Due to varying postal rates and custom regulations, special rates and billing will be applied to all orders. All international shipping at customer’s risk. If Phytosanitary Certificate is required a charge will be added for obtaining the certificate.
Return of Merchandise
NESEED will not accept the return of any opened seed packages or goods. Proper authorization and shipping instructions are required before returns are accepted. Unauthorized returns will be refused and sent back at the customer’s expense. No returns will be accepted after 30 days from time of invoicing. A 25% restocking fee will be charged on all returns. All returns must have proper authorization code on package before return is valid. All special orders can not be returned and will not be accepted.
Claims
We are not responsible for damage after delivery to the carrier. All claims for storage and damage must be reported to the carrier immediately and filed with the carrier by the customer.
Delays in Delivery
Seller shall not be responsible for loss or damage caused by delays in delivery from strikes, acts of war, fire, casualty, inability to obtain materials or other causes beyond our control.
Recommendations
All recommendations made by us are compiled from recognized horticultural sources. We are not responsible for damage or failure because of any recommendations given by NESEED Co. personnel.
Descriptions and Illustrations
The descriptions of plants in this catalog have been prepared from our trial observations, reports from suppliers and other trial
or experimental situations. Illustrated specimens have been grown and photographed under favorable conditions. Though they describe what has been observed and documented, they do not necessarily predict what can be expected under all circumstances. Variation from the color shown in our catalog can be expected as a result of computer monitor types and color profiles, film, printing ink, and other catalog production techniques as well as soil, climate and other growing conditions. NESEED will not be held responsible for pricing, typographical or printing errors.
To Place Your Order
Call toll free: 1-800-825-5477 or fax: 1-877-229-8487.
Order online 24/7 at www.neseed.com and see how easy ordering
To check on statements, deliveries, shipping and other inquires, call 1-860-560-1610.
Office Business Hours
Order 24/7 online right here at neseed.com!
Our CT office is open for business Monday through Friday from 8:00 a.m. until 5:00 p.m. EST.
Warranty and Limitation of Liability
In lieu of all other warranties, expressed or implied (included any implied warranty or merchantability or fitness for a particular purpose) and all other obligations or liabilities, we warrant to the extent of the purchase price that the seeds, bulbs or plant materials that we sell are as described by us on our container, within recognized tolerances. Liability, whether contractual, for negligence or otherwise, is limited in amount to the purchase price of the seeds, bulbs or plant materials under all circumstances and regardless of the nature, cause or extent of the loss and as a condition to any liability on our part. We must receive notice by registered mail or any claim that the seeds, bulbs or plant materials are defective within 10 days after the defect of the seeds, bulbs or plant materials become apparent. Seeds, bulbs or plant materials not accepted under their terms and conditions must be returned at once in their original unopened containers within 10 days and the purchase price will be refunded. Notwithstanding the above, all claims shall be submitted within 90 days of invoice date. All claims shall be submitted with original NESEED Packaging.
General Terms and Conditions
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of neseed.com. The collective work includes works that are licensed to neseed.com. Copyright 2007, neseed.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with neseed.com or purchasing neseed.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with neseed.com or to purchase neseed.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by neseed.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of neseed.com used in the site are trademarks or registered trademarks of neseed.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, neseed.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. neseed.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. neseed.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
neseed.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if neseed.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a neseed.com product is mistakenly listed at an incorrect price, neseed.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. neseed.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, neseed.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by neseed.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
neseed.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to neseed.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of neseed.com products) shall be in the state or federal courts located in Hartford, Connecticut. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of neseed.com products) must be commenced within one (1) year after the claim or cause of action arises. neseed.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. neseed.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a neseed.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
neseed.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, neseed.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, neseed.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to neseed.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless neseed.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, neseed.com may link to sites operated by third parties. However, even if the third party is affiliated with neseed.com, neseed.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of neseed.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, neseed.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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