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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
Full payment is due with each order. Discover, Visa, Mastercard and American Express are
accepted for mail, phone and neseed.com orders. PayPal is also accepted for neseed.com orders. We will accept checks or money orders by mail via the mail order form found in our hard copy catalog. No cash or stamps through the mail will be accepted. When ordering by mail, please complete the order blank and include check/M.O. payment or if ordering by credit card, complete the card number, expiration date and card holder signature sections. Returned checks will carry a $30.00 service fee. All past due invoices must be paid prior to shipping any orders. Items will not ship until payment is received. For credit accounts or other methods of payment please call our office at (800) 825-5477.

Credit Accounts
We offer open accounts to Federal, State, County and Municipal agencies. All others must have a valid Discover, Visa, Mastercard, or American Express account to secure their account. For information on opening a credit account, call our Customer Service representative at (800) 825-5477 or write to NESEED, Credit Dept., 3580 Main Street, Building #10, Hartford, CT 06120. Applications for credit require 3 trade references, take 2-3 weeks for processing and must include telephone numbers and addresses of references. Credit accounts left inactive for over 2 years will require a new credit application.

Credit Payment Terms (Credit Accounts)
Invoices for credit account purchases are due and payable within 30 days of the invoice date. Invoices not paid within 45 days are automatically assessed the legally permissible maximum finance charge of 18% APR (1.5% per month) and every 30 days thereafter. Credit accounts must be opened with Visa, Discover, Mastercard, or American Express numbers and will be automatically charged to your credit card after 60 days plus accrued interest. Accounts not paid after 120 days are canceled and referred to our collection agency. You agree to pay NESEED all collection costs including but not limited to reasonable attorney’s fees.

Prices
All prices in our hard copy catalog and neseed.com 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. NESEED is not responsible for honoring third party pricing, discount claims, terms and conditions or offers. Such third parties include, but are not limited to, coupon websites, social media posts, blogs, resellers and other avenues beyond our control.

Back Order Policy
All items will be back-ordered unless the 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.

COD Shipment
NESEED does not ship COD.

Delivery
Please allow 7–10 business days for delivery. Shipping and handling for all seed orders $130.00 and above are free of charge in the continental United States (seeds only, hardgoods excluded). All seed orders under $130.00 are subject to a flat-rate $6.95 shipping and handling charge in the continental United States (seeds only, hardgoods excluded). For the aforementioned free and flat-rate shipping methods, we normally ship by first class priority mail or UPS at our discretion. By choosing a shipping method other than free or flat-rate (e.g. UPS, FedEx, etc.), the customer agrees to decline flat-rate and free shipping methods and abide by the pricing and shipping method chosen. 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 customs regulations, special rates and billing will be applied to all orders. All international shipping is at customer’s risk. A Phytosanitary certificate is required and must be obtained by NESEED before items can be shipped. For NESEED to obtain this certificate, the customer must first purchase the certificate on neseed.com for a nominal fee. Items will not ship unless this Phytosanitary certificate is obtained.

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 NESEED by calling (800) 825-5477 immediately. Customers will then receive further directions on the claim from NESEED.

Delays in Delivery
Seller shall not be responsible for any loss or damage caused by delays in delivery from weather, 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 our catalog and website 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 hard copy catalog or website can be expected as a result of screen viewing device and color profiles, film, printing ink, camera color balance, daylight color temperature and other catalog production techniques as well as soil, climate and other growing conditions. NESEED will not be held responsible for pricing, typographical, description or illustration differences or errors.

Business Hours
We are open for business Monday through Friday from 8:00 a.m. until 5:00 p.m. EST. Orders can be placed in our online store 24-7. Orders are shipped during business hours.

To Place Your Order
Call toll free: (800) 825-5477 or fax your mail order to: (877) 229-8487.
Order online 24/7 at www.neseed.com
For order status or inquiries call: (800) 825-5477.

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 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 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 are defective within 10 days after the defect of the seeds become apparent. Seeds 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.

Terms and Conditions Through Other Service Providers
Terms and conditions for NESEED orders placed through services such as Amazon may be partially governed by their own terms and conditions and, in some instances may supercede our terms and conditions. NESEED reserves the right to modify pricing, payment, shipping and delivery policies when using these services.

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 2010, 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).

neseed.com
3580 Main Street
Hartford, CT 06120
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