Terms of service
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TERMS OF SERVICE - [Malibu Succulent Nursery]
Last Updated: August 30, 2026
Company Location:30765 Pacific Coast Highway#201, Malibu, CA 90265
1. AGREEMENT TO TERMS
By accessing and purchasing from [Your Store Name] (the "Store"), you agree to be bound by these Terms of Service. If you do not agree, do not purchase from our Store. We operate from Malibu, California.
2. PRODUCTS - LIVE PERISHABLE GOODS
We sell live succulent plants, including Sedum rubrotinctum Jelly Bean, Drosanthemum rosea Ice Plant, and Portulacaria afra Elephant Bush.
You understand and agree that:
a) Live plants vary in size, shape, and color. The plant you receive will be similar to but not identical to the photo. Color (especially red tips on Jelly Beans) varies by season and sunlight.
b) Plants are living organisms. Growth, survival, and color change after delivery depend on your care, light, and watering. We are not responsible for plants that die due to improper care, overwatering, or lack of light after 48 hours from delivery.
c) A few fallen leaves or beans during shipping, especially on Jelly Bean and Rosea Ice Plant, is normal and not considered damage. These can be propagated.
3. ORDERS, PRICING & AVAILABILITY
We reserve the right to refuse any order. All prices are in USD and subject to change without notice. If a plant becomes unavailable after you order (crop failure, weather), we will notify you and issue a full refund or offer a replacement of equal value.
12-packs and bulk trays are sold as live plant lots. We guarantee 12 healthy plants per 12-pack, but individual plant size may vary by 0.5".
4. SHIPPING
We ship live plants Monday through Wednesday via USPS / UPS to avoid weekend delays in hot warehouses. Shipping times are estimates, not guarantees. We are not liable for delays caused by carriers, weather, or incorrect addresses provided by you.
It is your responsibility to track your package and bring it inside immediately upon delivery. Plants left in hot/cold mailboxes will die.
5. RETURN & REFUND POLICY
Our Return & Refund Policy is incorporated into these Terms by reference. By purchasing, you agree that live plants are final sale except for Dead on Arrival claims made within 48 hours with photographic evidence.
6. INTELLECTUAL PROPERTY
All content on this Store, including product descriptions, photos (including the Jelly Bean photo you uploaded), logos, and text, is owned by [Your Store Name] and may not be copied, reproduced, or resold without permission.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, [Your Store Name] shall not be liable for any indirect, incidental, or consequential damages arising from your purchase or use of live plants. Our total liability is limited to the amount you paid for the product(s) in question.
Our plants are ornamental only. Some succulents, including Sedum rubrotinctum and Portulacaria afra, may be mildly toxic if ingested by pets or children. Keep out of reach. We are not liable for ingestion.
8. GOVERNING LAW
These Terms are governed by the laws of the State of California. Any disputes will be resolved in Los Angeles County, CA.
9. CHANGES TO TERMS
We may update these Terms at any time by posting the new version on our website. Continued use after changes constitutes acceptance.
Contact:
Malibu Succulent Nursery
30765 Pacific Coast Highway #201
Malibu, CA 90265
United States
Email: mdupre711@gmail.com
Website: https://malibusucculentnursery.com
Hours: Mon-Fri 9AM-4PM PST