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Kindly be advised that all telephone conversations both to and from our company have been and are currently being lawfully recorded for both quality assurance and accuracy of all conversations with customers or prospective buyers of any kind.
Our Terms & Conditions
DiMeo Farms (DFF) defined as "our" and purchaser(s) agree that all terms and conditions set forth herein shall constitute a lawfully binding agreement between the parties (agreement), with respect to the plants or products provided by DFF to purchaser(s). This agreement shall be binding upon purchaser(s) whether or not signed by the purchaser or purchaser's agents or representatives. DFF shall not be bound by any additional or different terms unless such additional or different terms are reduced to writing and signed by an authorized representative of DFF. In addition, DFF shall have the right to stop all shipments, pick-ups or deliveries at any time purchaser is in default in any obligations to DFF and to withhold performance until such defaults have been remedied to DFF satisfaction.
Our Plants & Products Policies
Plants are living things. They require proper care and attention. We care for our plants and products while they are on our farm or nurseries. As soon as they leave any of our farms or nurseries, they become your responsibility. We do not offer any warranties or guarantees of any kind on any living material, plants or products purchased at our farm or by our farm or nurseries. Please be sure to provide the proper care and attention as required by your plants. This policy applies and agreement to both all mail orders and pick-up at the farm or nursery orders.
REMINDER: Our family invites you to personally drive out or fly out to any of our farms or nurseries (by appointment only) to not only see how big and beautiful our berry plants are, but to also tour our impressive operation and see how well we take care of our plants and products. There are very few places in America today that raise Non-GMO berry plants the old fashioned way that we do here on the farm.
Policy Postings & Notices:
A direct reference and public notice to these company policies are publicly posted at the entrances, exits, and throughout our nurseries directly on-site at the farm or nurseries. All locations are monitored by video security and cameras to document the same. These policies are also referenced within the planting instructions that are sent out with every customer order; as are they referenced by our staff both voluntarily and or upon request.
On-Site Cameras, Video Security & Monitoring:
Due to the large volume of people that we now have visiting our farm or nurseries, we had no choice but to install various video security cameras and other devices to preserve all activity at the farm and nurseries, both at night at during daytime business hours. Be advised that all activity at the farm or nurseries is being lawfully recorded and preserved. Do not load any items into your vehicle unless you have first had the consent from an approved farm staff member. All items must be paid in full before your physical person or vehicle leaves the property. No exceptions. Parents or guardians are responsible for children at all times. All activities at our farm or nurseries is at your own risk. Photos of children on our tractors or farm equipment is permitted, only if one of our staff members is present at all times. Please do not let children climb on tractors or farm equipment without one of our staff memers present.
Cancellations Policy:
Any cancellations for orders of any kind placed with our farm or nurseries are not accepted, because our farm or nursery immediately reserves and holds the ordered plants or products for the customer(s) the very moment the order is placed either verbally or in writing. Therefore, we cannot accept any cancellations of any kind. All deposits are non-refundable once placed for either mail orders or pick-up orders. Any sums not paid when due shall be subject to a late payment penalty of six percent (6%) of the unpaid balance for each and every calendar month and any portion of a calendar month during which payment is delinquent.
Replacement Policy:
We shall consider replacement plants or products on a case-by-case basis. Our company reserves the right to deny replacements for any reason. However, if we are notified in writing within three (3) days of delivery that your plants died, and your followed our written and verbal instructions, we may possibly offer to replace your plants. However, customers shall be fully responsible for at least 35% of the total order cost (minimum $35.00) and all shipping and handing fees for our company to ship replacement plants or products. When plants are replaced, if we opt to replace them, we shall require that customer pay for guaranteed second day shipping and or delivery service.
If we opt to send replacement plants, all plants must be returned in the original box. They must be complete, not shredded, no separated roots or broken into pieces, so that we can properly analyze the cause of any possible plant death. However, there is no guarantee of any refunds of any kind. We do not refund money. We will only consider a fair plant exchange with customers if customer is cooperative and follows our policies as clearly outlined above. If customer(s) are unwilling to honor our company policies at outlined, then there is unfortunately nothing we can do for customer other than provide advice and farmer tips.
Refund Policy:
We do not refund any money once an order is placed verbally or in writing with our company or any of our representatives. Our plants or prodcuts can NOT be returned without first obtaining our express written authorization and full written consent by an authorized owner of the company. In all cases, plants or prodcuts can NOT be returned after they have been accepted, processes, improperly stores, planted or otherwise treated, modified or used in any way.
Shipment, Shippers, Carriers & Shipping Policies:
If our shipper(s) including but not limited to the U.S. Postal Service, Fed Ex, UPS or any other shipper (or carrier) damages plants and/or products in shipment, then the customer should promptly file a written complaint against the carrier and/or shipper, who in turn will be responsible to compensate the customer directly. Once our plants or products leave our farm or nursery, they are not our responsiblity. Our farm and nursery is not, and shall not be responsible if any shipper or carrier carelessly leaves perishable plants out in the hot sun during delivery; or if the shipper or carrier does not properly notify customer that plants have arrived.
This includes, but is not limited to cases where the shipper does not properly call or notify the customer of plants arrival and/or situations where shipper allows plants to sit in post office over an extended period of time because it failed to notify customer in an immediate manner that the plants arrived. DFF is not responsible for loss, damage, delay, or any other event while any plants or products are in transit. Risk of loss is on customer and or plant purchaser from the time of delivery of the product to the carrier. In the event any product is damaged in transit DFF shall bear no responsibility and purchaser must deal directly with the shipper or carrier. DFF relies upon the shipping address as provided by you the customer. While we try our best to give everyone a "courtesy heads up call" prior to the plants being shipped, we cannot and do not guarantee that all customers will receive such a courtesy call. Therefore, all customers should be fully and completely prepared to receive their plant order once payment is sent to DFF. as such, DFF shall not be responsible if customer is not present at the provided shipping location when plants arrive via. shipment. It is the customers responsiblity to notify DFF in writing of any shipping date changes. Otherwise, DFF shall ship plants within it's own shipping schedule. Customers should also be advised that once mail order is placed, it it final. As such, all shipping and handling fees are not refundable if customer later decides to come and pick-up the order instead of having it shipped.
Let it be know that DFF does not provide any insurance of any kind on any mail orders shipped. Any insurance must be provided for and or paid for in advance by the customer. Customers must request in writing prior to any shipments that DFF insure any/all mail order shipments and make full payment to DFF in advance of any shipments. Insurance is responsiblity of the customer and DFF shall not be responsible for any shipments once out of the hands of our farm or nurseries.
Handling Fees, Shipping Fees Policy & Notice:
In addition to standard shipping fees, our company charges and prices in a fair "handling fee" for all of our mail orders. Since there is much additional time and labor involved in digging, wrapping, packing and boxing the plants. We feel this is fair practice as most companies today charge a handing fee into their prices. Within the shipping fee price is not just the standard postage or costs of shipping but also a box charge, materials charge, labor charge and shipping supplies charge. We feel this is fair, being that if a customer were to drive our to one of our nurseries, and for example pick up 10 plants; it would take us only about 5 mins to load the plants into the customers vehicle and complete the order. However if those same 10 plants are mail ordered, there is much more time, expense and labor involved in prepping the plants, digging the plants, wrapping plants, packing plants, boxing plants and taking the package(s) to be shipped. In addition, because of our farm location, we are charged additional labor fees to have all of our packages taken to the shipper. Even with our shipping fees, handing fees any any other fees, our prices are still lower then our competitors who try to advertise "free shipping" but yet try to charge you $25 per plant instead. We still have the best deal and provide the best value, hands down.
Shipping Schedules & Possible Weather Delays:
Be advised that we ship in the best interest of our customers as well as our plants, therefore, when the weather gets too hot in the late spring or summer months, we temporarily suspend shipping until cooler weather prevails. Such time shall be determinded by our farm. An order "on hold" as such cannot be canceled as per our non-cancelation policy, however the plants shall be shipped to customer once our farm (with our long-time shipping experience) determines what is best for the plants. This is quite normal and we ask for your patience as we follow our shipping schedule for all customers.
Pick-Your-Own (PYO) and Farm Activities Policy:
While we love famlies, children and encourage family visits to our farm or nurseries, we must disclose and detail our polices as to farm visits. All visitors, guests and customers of DFF, park their vehicles and participate in all farm and PYO (pick-your-own) activities, and ride on our hayrides or equipment AT THEIR OWN RISK. Please watch your children at all times as we shall not be responsible for any injuries of any kind. Children must stay with parents at all times. We ask that you please keep children off of all farm and other equipment while at any of our farms or nurseries. Parents or guardians hereby accept any and all responsiblity for the actions of their children while at our farm or nursery propreties. As such, if any child or children destroy or damage any plants, equipment or products, parents shall be responsible for any financial damages to DFF.
Missing Plants Policy:
It is very rare, but mistakes do sometimes happen. As such if you are missing a plant, we must be notified in writing within three (3) days of your receipt of plants. At such time, we shall consider replacing plants after a proper investigation takes place within our nursery staff and records. Our staff inspects each and every order prior to shipment. All orders are counted twice and initaled by each of the two (2) plant inspectors on each customers order card.
Substitutions Policy:
Your order will be filled as accurately as possible. If any of your requested plant varieties are sold out, currently not in stock or low in inventory, we will substitute as closely as possible and or with our own choice of variety. You may may list several second variety choices. However, if you prefer no variety substitutions, you must specify such in writing prior to the order otherwise we shall substitute accordingly with plant varieties of our choice. In order to confirm that you want no substitutions, you must receive a formal written reply from DFF confirming that we shall not substitute. However, just like most farms or nurseries, we reserve the right to substitute other varieties as our stock or inventory is depleted and or low in stock.
Because we act as mostly a wholesale berry plant nursery, and deal with mostly high volume of plant movement, our farm and nursery does not mark varieties unless you request so in writing prior to shipment of your order. Once again, DFF must also in writing respond and confirm such prior to any agreement being made in such regard to marking varieties.
Plants & Products Policy & Website Disclosures: Our intent is that you receive the highest quality plants. We show pictures and YouTube videos of various plant sizes on our website to encourage similar comparisons to the various types of plants that we currently sell to the public. We do not ship plants in pots or containers. All plants are shipped in a semi-bare root state, the way our family has been successfuly handling plants for many years.
At no charge to our customers, we pre-prune almost all of our plants to bring roots and branches into correct balance. This goes for most of our plants which are pruned back prior to shipping to help them transplant better and ship easier. We also do this as a courtesy to our customers who's main goal should be to allow the roots to establish first. In addition, any quoted plant sizes are estimates based upon a fully leafed out plant including roots and not simply the size of the plant based on it's size while dormant. Some plants may be smaller and some larger than others. We do not guarantee that all plants will be perfectly the same size as one another. Plants will be smaller than quoted once pruned back just prior to customer pick-up or shipping to customer. This once again is done in the best interest of our customers who need to put the focus and strenght back into the root system of the plant.
It is always the customers responsibility to "know their regional climate" and or planting zones and to know when the "right time" is to plant is in their zones. Our farmers are NOT experts at knowing all the various zones and weather patterns, weather conditions across the country or world. Therefore, our company and farmers shall solely rely upon the customer(s) to advise us when they would like to order plants, receive plants or have the plants shipped. Unless notified otherwise in writing, our company and farmers maintain the right to ship plants according to our own shipping schedule unless advised otherwise in writing by the customer.
If customer orders any kind of plants during a time of year that is not suitable for planting within his/her region or planting zone in the country, then customer hereby accepts all responsibility if any or all of the plants die or are harmed due to such negligence. As stated prior, our farmers are not experts in every single growing zone, nor are they experts in knowing the exact weather conditions within every part of the country. As a whole, our company and farmers try our best to give the best possible advice given our experienced background in the berry plant industry.
DFF cannot assure detection of non-visable plant diseases, viruses or defects. Because growth of nursery stock is determined to a large extent by the care it receives from the planter and grower due to conditions beyond DFF's control, including, but not limited to, soil, weather, purchasers negligence and improper use of chemicals, and fertilizers, DFF cannot and does not warrant or guarantee growth or fruit production. Let it be known that DFF is certified plant dealer for the State of New Jersey and certifies that the sources of nursery stock grow for, purchased by, or dealt in by DFF has been certified material. DFF does sell material and certified plants from other certified growers within our area. Some are family members and many are life long family members that grow and propagate all certified matieral.
Good Faith Deposit (GDF) Policies & Procedures:
Many of our customers opt to put down a good faith deposit (GFD) confirming not only the order they are placing with our company, but also locking in the order so we can immediately reserve and tag the plants or products for the customer. Let it be known that any and all deposits, including good faith deposits (GFD) must be used within a six (6) month period (180 days), as DFF cannot and shall not carry or hold any orders longer than a six (6) month (180 day) time period. If the customer is not responsive or does not pick-up or accept delivery of the order within such time, then the customer shall completely lose the deposit or GFD given to DFF. We created this policy to make certain that customers do not use good faith deposits (GFD) to "hold plants or products" for longer than 6 months at our farm or nursery. Customers must accept or pick up shipment prior to this 6 month time limit.
DFF MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE PLANTS OR PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE, EXPECT AS EXPRESSLY SET FORTH ABOVE.
Limitations of Remedies:
IN NO CASE SHALL DFF BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES SUCH AS LOST PROFITS, LOSS OF USE OF THE PLANTS, LOSS OF USE OF THE PROPERTY, COST OF THE LOST FRUIT OR INJURY TO ANY OTHER PROPERTY INCLUDING CLAIMS ARISING FROM LATENT DEFECTS IN PURCHASED ITEMS.
Applicable Law, Venue, Type of Action:
New Jersey law shall apply to this Agreement. All litigation shall be commenced in Atlantic County Civil Court in Atlantic County, New Jersey. The parties agree that in the event a dispute arises, DFF shall have the sole right to determine whether litigation, arbitration or mediation will be the type of appropriate dispute resolution (ADR) process used. In the event purchaser fails to allow DFF to select the type of ADR process, purchaser agrees to convert its action to the type of ADR process desired by DFF. It is hereby agreed that that filing party shall be fully and completely responsible for any and all court costs, filing fees and attorney fees, etc.
Privacy Policy:
This privacy policy covers our treatment of personally identifiable information that we collect when you are on our website and when you use our services, including our contact us section on this website. Our company shall save any and all information that is collected through any e-mails sent to our e-mail account: dimeofarms@gmail.com and or collect information that is stored when you submit information through our "contact" section on this website. Be advised that once you submit your information to us that we shall store such information for either immediate use or future use to contact you regarding our plants, products or services. If you do not wish to be contacted, prospected or called by any of our staff members, you much submit such a request in writing.
Information Collection Policy:
Our farm uses information for two general purposes: to fulfill your requests for farm produce or products, and to contact you about the status of your order with our farm. We may use the information to prospect for additional future business.
Information Sharing and Disclosure:
Our company will not sell or rent your personally identifiable information to anyone for any reason. Our company shall only send out such information when:
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We have your verbal or written consent to share the information.
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We need to share your information in order to provide the product or service that you have requested.
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We need to send the information to companies that work on behalf of our company in order to service a product for you. (Unless told otherwise, these companies do not have any right to use the personally identifiable information we provide them beyond what is necessary in assisting us).
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We respond to subpoenas, court orders or any other legal process.
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We find that any of your actions on our web sites violates our company Terms of Service or any of our usage guidelines for specific products.
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