TERMS, CONDITIONS & COMPANY POLICIES

PUBLIC NOTICE

THIS IS THE OFFICIAL SECTION OF OUR COMPANY WEBSITE WHERE OUR COMPANY POLICIES, TERMS AND CONDITIONS OF SALE, REFUND, CANCELLATION, PRIVACY AND MANY OTHER POLICIES ARE ALL CLEARLY DEFINED, OUTLINED AND FULLY DISCLOSED TO THE PUBLIC AND OUR VALUED CUSTOMERS OR PROSPECTIVE CUSTOMERS. ALL ORDERS, TRANSACTIONS, RESERVATIONS, PROPOSALS, QUOTES, GOOD FAITH DEPOSITS, PAYMENTS, OR ANY OTHER KIND OF BUSINESS ARE ALL BASED ON THE DISTINCT UNDERSTANDING THAT ALL CUSTOMERS, PROSPECTS AND OR PURCHASERS, OR THEIR REPRESENTATIVES, AGREE TO ALL TERMS AND CONDITIONS OF SALE, AND COMPANY RULES AND POLICIES AS CLEARLY STATED AND SET FORTH BELOW. REMINDER OF THESE TERMS, CONDITIONS AND COMPANY POLICIES IS MADE ON ALL INSTRUCTIONS INCLUDED WITH ALL SHIPPING OR PICK UP ORDERS. IN ADDITION, FORMAL “NOTICE SIGNS” DIRECTLY REFERENCING THESE BELOW COMPANY POLICIES, TERMS & CONDITIONS ARE CLEARLY AND CONSPICUOUSLY POSTED AND MOUNTED ON OUR WHITE HORSE FENCE AT THE ENTRANCE TO EVERY SINGLE GATE AT OUR PICK-UP PROPERTY LOCATION. IT IS IMPOSSIBLE FOR ANYONE ON FOOT, BICYLE, MOTORCYCLE OR VEHICLE TO ENTER OUR PROPERTY WITHOUT FIRST PASSING ONE OF OUR FORMAL “NOTICE” SIGNS.

Please carefully read all of these terms, conditions and company policies, as once you place an order with our company, either verbally or in writing, you, your employees, agents, heirs, representatives, shippers, haulers, carriers, or transporters of any kind, hereby agree and shall be lawfully bound to any and all terms, conditions and company policies as clearly set forth below. Be advised that our company may, and fully reserves the right to amend, change or modify any of these terms, conditions, company privacy, product or merchandise policies from time to time without notice of any kind. Therefore, we strongly encourage you to frequently check back here for any possible changes or updates that could have been made to this section of our public website before placing any kind of order with our company. Kindly be advised that all telephone conversations both to and from our company may be, or may have been recorded. Your consent to such recordings shall not be required since you are being lawfully notified within these terms and public notice section of our website. However, be advised in writing, in advance, that our company employees, representatives, agents, interns, members, managing members and staff do not consent to being recorded or video recorded at any time without your first obtaining our express written consent and permission. All orders placed, booked, reserved, held or made with our company, are accepted based on the distinct and clear understanding that the purchaser(s), client(s), customer(s) or their representative(s) agree to any and all policies, terms or conditions of sale as clearly set forth below and also here within the context of our official main public website, where our terms, conditions and company policies are available for public view 24 hours a day and 7 days a week. Direct links to all of our company policies, terms and conditions are all clearly and conspicuously posted, written and legally published in a common minimum font size (as required by law) and shown and described as "Terms & Conditions" as direct links on this official website. Such direct links and descriptive text is lawfully displayed at the bottom of not just the first main page of this official company website, but they are also visibly shown and displayed at the bottom of every single page of this official website. Let’s remember now, that most companies only list their “Terms & Conditions” link on the bottom of just the main page of their website, or only just on one single page of their company website. But we legally take it a step further, and go above and beyond the relatively low threshold of the law, by clearly listing and publishing our “Terms & Conditions” link at the bottom of every single published page of this official company website. So no matter what web page a person may be on, or access, they will always have a direct link to our Terms & Conditions section at the bottom of any given page of this official website. Again, let’s keep in mind that most companies only have just one (1) link on the main page of their official website. All customers, prospective customers, buyers and representatives must acknowledge that the limitations and disclaimers herein described are rules, policies and conditions of sale that constitute the whole and entire agreement between the parties, including but not limited to the no-warranty, no-refund and any other product(s) and general liability limits. DiMeo Fruit Farms, LLC (DFF and/or DFF, LLC) (d/b/a DiMeo Farms) defined as "DFF" or "company" or "our company" or "our" or “we” and all purchasers, clients, customers and prospective customers (purchaser) 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 product(s) provided or sold by our company to any purchaser(s). This agreement shall be legally binding upon all purchasers, clients, customers or prospective customers whether or not physically signed by the purchaser(s), client(s), customer(s), prospective customer(s), agent(s), or any representative(s). DFF shall not be bound by any additional, or different terms, verbal or otherwise, unless such additional different terms are reduced formally into writing and officially signed by an official Managing Member of our company. In addition, our company shall have the legal right to stop any and all shipments, pick-up orders or deliveries at any time purchaser is in any kind of default in any financial, or other obligations to our company, and our company reserves the legal right to fully or partially withhold performance and or merchandise until any and all financial or other defaults have been fully and completely remedied to the full satisfaction of our company. Buyers, customers or prospective customers may not and shall not rely upon our company (seller); and let it be known that our company (seller) makes no representations, warranties or guarantees of any kind, implied or otherwise, that the merchandise, plants or product(s) are fit for any particular intended use or other intended purpose of buyer(s), customer(s) or prospect(s). We give no warranty or guarantee of any kind, expressed or implied, as to the growth, productivity, variety, yield or production of any of our merchandise, plants or products. Our company will not and shall not, in any way, be responsible for the results of planting, replanting, transplanting or growth of the product.

Introduction

Most companies, both big and small, have some type of rules, company policies and or terms and conditions that are legally set in place and publicly published on their official website. Our company is no different. We believe our company rules, policies, terms and conditions are fair, being that we are dealing not only with perishable product(s), but also with live plants, which are living things that can become damaged, die, get stressed, not thrive, not live, not survive or produce for any number of countless reasons that are beyond our control. There are just some people out there who do not take the time to follow our simple instructions and they cause their own issues, then try to blame us for the poor results. We tell them never to use any kind of compost, composted leaves, manure, mushroom soil, topsoil or potting soil when they plant. But believe it or not, many people still use these things instead of following our expert instructions to simply use only a mix of 50% course grade sand with 50% peat moss. Then they wonder why they got such poor results. With most cases, it is because some people just don’t take the time to amend and or replace their existing soil plant and them properly. The truth is that these certain people are lazy and they just stick them in the ground without taking the time to prepare the correct soil mix that we clearly specify in our instructions, social media and all over this website. Then there are some people who just don’t want to spend the extra money to buy the correct peat moss, but instead, they only use things things that they can get for free, including but not limited to leaves, compost, mushroom soil, and so forth, or they buy the wrong kind of peat moss, and buy “pro-mix” and other peat-based mixes. And we try to explain to everyone that they must use only 100% peat moss and mix it 50/50 with the course grade sand. But still, some people just don’t take the time to do this right, and again, they cause their own issues because they don’t follow our instructions. Then there are those people who are too cheap to buy the correct “Holly Tone” acidifier that costs only about $20 bucks for a bag that will last them for years. But instead, they use coffee grounds to try to acidify their soil for free. But that will also do more harm than good, because contrary to what the internet says, they don’t like coffee grounds. The list goes on and on, with all the ways that some people ruin their plants because they simply don’t take the time to follow our instructions and use the correct mix. Again, they just stick them in the ground, and then wonder why they got such poor results. Why is it that anyone can schedule an appointment with our company, pull in our driveway, and do a walk-thru with one of our representatives, and not find a single issue, or find any of the issues that some people claim to have? But yet, when certain people take them home or get them shipped to their home, these same exact people seem to have all kinds of issues? That’s because the problem is the people, not our plants. Anyone can drive by our pick-up location and see for themselves how big and beautiful our current stock really is and that what we offer is far superior than the greenhouse grown stuff that online nurseries will ship out to you. Yes that’s right. The vast majority of online nurseries, big box stores and even the local nurseries are all growing in greenhouses so they can push them with heat all winter long and keep them growing. Then when you get them they look beautiful, but there is just one big problem. They will lack cold hardiness because they have never been outside during winter before, then guess who gets stuck with them once winter comes along and they experience ice, snow, and freezing temperatures? You do. Which is why we don’t use greenhouses. Greenhouses and high tunnels are only good for the seller, not you, the buyer. Cold hardiness is critical and that’s a big advantage that we have. Yes, it takes us twice as long to grow them but they are super cold hardy because they are raised outdoors and stay outdoors with no greenhouses or high tunnels used. And that’s what all these online sellers are using today, which is why your long term survivability rates will be low. Cold hardiness is more critical than just about anything else. We have beautiful meticulous properties where our valued, long time customers and prospective new customers are welcome to schedule a drive-thru pick up appointment to personally pick-up their order, so that they can see everything first, before making any kind of deposit, GFD or payment(s) to our company. We always strongly encourage pick-up orders instead of shipping orders so that you can save money instead of paying for shipping, handing and all other associated or incorporated costs and or fees as clearly described in our shipping and handling policy as discussed in great detail below. But the choice of either placing a shipping order or a drive-thru pick up order is always up to you, the customer. It is always the customer’s choice and decision to make, not ours. Again, if you have any doubts, concerns, or just want to save money instead of paying for a shipping order, then just schedule a drive-thru pick up appointment with our company and personally pick-up your order instead of having it shipped. There is a good reason why we now have over 98,000 likes and 100,000 followers on our nationally popular Facebook page with a countless number of happy customers featured in our extensive online photo galleries, with a countless number of positive, satisfied customer comments, posts and years of customer photos posted throughout all of our many social media pages and profiles. Just like all the customers who had great things to say about the things we sell and our company on our Pinterest profile, which also includes photo galleries featuring photos of happy customers. Not to mention all of our other social medial pages, which are also filled with happy customer photos and videos, which all clearly speak for themselves. Plus all the years of thank you e-mails, thank you letters, notes, voicemail messages and all the positive comments and feedback that we received and continue to receive from countless happy customers all thanking us and or commenting on their success. Over the years, we have taken the time to print out and save many of them that compliment both the things we sell and our service. We have countless supportive exhibit documents that clearly demonstrate a overwhelming number of satisfied customers that we have all across the country.

Right to Refuse Service and Sell Product Policy

Under federal law, businesses can legally refuse service to any person for any reason. You must abide by our rules, or we will refuse to accept your money and you may be asked to immediately leave our property. We fully reserve the right to refuse service and or the right to refuse to sell product(s) to anyone who we feel becomes unnecessarily difficult, unnecessarily high-maintenance or any childish acting individuals that we feel are not seriously interested in purchasing product, but rather are seemingly more interested in just showing up at our place of business to create unnecessary drama. Please keep in mind that if you come to physically pick-up your order, that we are a busy working operation, and any workers, owners, staff, managing members, interns or other company representatives are busy with preexisting daily work schedules to keep. Therefore, we need to keep things moving quickly to be able to accommodate duties, telephone calls, sales calls, consultant conference calls, shipment preps or any other pre-scheduled work responsibilities, along with accommodating others who may be present or soon-to-be present to pick-up their order. If you require more time to spend with us, please let us know in advance so that we can plan accordingly. Our goal is to help you and quickly answer all your questions in a timely manner. The now fourth generation farmer and Managing Member of our operation is a very well-known no nonsense guy who is known for refusing the sale, refusing to accept any money, and respectfully asking people to leave the property if they become disrespectful, difficult to deal with, disruptive, dramatic, childish, or provoking in any manner. Pick-up orders are a very fast drive-thru process in which the average time for loading a drive-thru vehicle for a small minimum order takes just about 90 seconds to load. But for whatever reason, there are just some people who can’t handle the speed of our fast drive-thru pick up process. If you are one of those people, please do us all a big favor and find another source that is willing to deal with you. The speed of our pick-up process is no secret. We honestly tell everyone this in a advance on the telephone when they call us to schedule an appointment for a drive-thru pick up order. Meaning that everyone is clearly told that it will be a fast drive-thru, in and out pick up experience. So just be sure to ask all your questions via. telephone when you place your order, be prepared to load your order and everything will go smoothly. Always be sure to schedule an appointment with us first, so that when you arrive, we all know what to expect and your order can be processed without delay.

DRIVE-THRU PICK UP ISSUES FOR YOU TO AVOID

• Minimum Orders and Right to Increase Our Minimum Order Policy. As clearly stated on this official website, our standard minimum shipping order is five (5) but the current drive-thru pick up minimum order can be (and often is) a different minimum. You would be surprised how many people pull in our driveway wanting to purchase just one, two or three plants. Then they throw a big baby fit when we advise them of our current minimum order requirement. Some people get very upset and claim they never knew about our minimum order requirement, and say that we are just trying to hustle them, or somehow force them into buying more product. But that is not true. When anyone calls our place of business to make a purchase, we always honestly tell them up front about our current minimum order purchase requirement. These “current minimum orders” can and do frequently change. So please be advised that we reserve the right to temporarily increase our minimum drive-thru pick up order to ten (10) plants. This is another good reason why you should always call us first to schedule an appointment, and ask these kind of questions before you “drive all the way out” here, so we that can honestly advise you of our current minimum order requirement and answer all your questions in advance, so that there are no surprises when you get here. Remember, we are wholesalers, not retailers. We sell direct to the public at low wholesale prices. But the trade off for you getting such a great low price is that we have minimum order requirements which can change. We also have formal notice wording clearly and conspicuously posted on signs at the entrance to every single entrance gate at our pick-up property location. Those notices legally disclose that “minimums can change daily” and they are posted so that any persons entering the property on foot, bicycle, or any kind of vehicle can see it clearly.

• FORMALLY SCHEDULED APPOINTMENTS ARE ALWAYS REQUIRED. Regardless what any old signs, old social media posts, or old advertisements may say, we are open strictly by appointment only. Please do not just show up at any of our properties, unannounced at any of our places of business without first formally scheduling an appointment with our office. We can sometimes and often can have our gates closed, but even if we don’t have our gates closed, and if you take the chance and just show up without having an appointment, please know that we can and may respectfully ask you to leave, and to call us first to schedule a formal appointment to come back another day. We must have things run smoothly without the chaos of random people just showing up. We can’t have anyone just showing up without an appointment. Especially between our lunch hour of rest between 12:00PM NOON until 1:00PM. If you do so, then please be aware in advance, that you may be asked to patiently wait in your vehicle, until we are finished with our lunch hour. Respect must be given to those who deserve a brief rest period to enjoy an uninterrupted lunch hour. We also can often run errands across town and or return phone calls during the lunch hour break. Let it also be noted and stated that leaving us a voicemail message is not considered “making an appointment” …but rather it’s just that, leaving us a voicemail message without any appointment being made. For an appointment to be made, we must agree to an appointment day and time first. If you leave us a voicemail message and say “I’m coming.. I’m on my way” …and then just show up and claim that you have an appointment, then you will likely be turned away and respectfully asked to leave the property. This is no secret either, as it says BY APPOINTMENT ONLY all over the directions and contact us section of this website along with on our social media. This also applies to anyone sending us a check as a payment or deposit. Do not show up at our property with your check or form of payment, that is not professional and not how we do business. If you have to give us any form of payment, you mail the payment, not show up here with the payment in hand and having no appointment. Everyone must have an appointment, no matter what you are coming here for or what your reason is to enter the property. No persons are allowed to enter any of our properties without having an appointment scheduled. Any no persons are permitted on our property after business hours. If anyone is caught on our property at night walking or driving around, you will be charged with criminal trespass. This recently happened with someone walking around the nursery using their cell phone as a flashlight, and when they were confronted the person said that they just wanted to see the product first before making a purchase. That’s fine, but do it the right and professional way by calling to make an appointment first, not just showing up here after business hours in the dark walking or driving around the property. This is the kind of nonsense that we deal with which is one of the many challenges in dealing directly with the public.

• Be prepared in advance to load your order quickly in your vehicle. Make sure the inside of your vehicle or bed of your truck, trailer, van or any other type of vehicle is all organized and or reorganized BEFORE you get here. Some people show up here with their vehicle loaded with all kinds of stuff and then, they attempt to reorganize the interior of their whole entire vehicle, or their entire pick-up truck bed or trailer, while they are parked right in the middle of our driveway, as other customers are waiting or (being that we are a working farm) other equipment or vehicles are trying to get through. Sorry, but we cannot wait for anyone to reorganize their vehicle. All that should have been done in advance, before you arrived to pick-up your order.

• STANDING, PARKING OR BLOCKING OUR DRIVEWAY TO READ THE PLANTING INSTRUCTIONS LINE-BY-LINE. You will be given a complimentary copy of our planting instructions before you leave. But unfortunately, we cannot go over the planting instructions and read it to you, word for word, line-by-line, because we expect our customers to take the time to read the easy instructions when they get home, also on our website you can find those same exact planting instructions along with many helpful videos. We say this because some people get mad when we do not have the time to go through the entire instructions sheet line by line. Yes we are happy to answer a few questions, but we cannot give a free consultation class on planting from A to Z, which some people expect for some reason, and yes, we would love to do that, but we are busy and staff is very limited. Some people expect us to go over the instructions with them, line by line, and discuss each line of instruction in great detail, while standing or parked in the driveway, but once again, we simply cannot do that. The customer will have to take the instructions sheet home, and take the time and patience to read our instruction sheet on their own time. Yes, we are more than happy to answer a few questions, but we can’t over the whole entire thing with you when you arrive.

• PROPERLY AND SAFELY NAVIGATING OUR DRIVE-THRU PICK UP LOCATION. Never back any vehicle(s) out of any of our driveways into or onto Rt. 542. It’s not only careless, foolish and dangerous, but it’s also illegal. Please take the extra 60 seconds of time to simply drive around our main horseshoe driveway, and carefully go out the other gate. If you disregard this formal notice, any auto or any other accidents will be your fault, and you shall be held legally held responsible for any accidents or damages. This includes any careless backing out of our main driveway, in which you can hit our business sign and push it onto the road causing an accident or road hazard. If you back into our business sign, and push it into the road, and it gets hit or damaged in any way, even if it’s just by your own vehicle, you will be fully responsible to pay us for any and all damages. This also includes if you back up and hit our mailbox, gate, three-rail horse fence or any of our hay wagons or roadside fruit stand. We reserve the right to require your auto insurance information to be provided, and or for a police report to be created to document the property or any other damages to submit to your auto insurance company. Of course our goal is not to file any kind of claims with your insurance company so be careful and responsible when navigating any of our properties.

• VEHICLE, TRAILER, TARP, TIRE, TRAILER CHAINS, AND MECHANICAL ISSUES. If you are having any kind of trouble with your vehicle or trailer, including but not limited to a tire going flat, sudden tire blowout or any other kind of mechanical or other issues with your vehicle, do not pull into on on to our property to use it as a staging area to repair your vehicle. Any vehicles that pull into our property and or, that obstruct any of our driveways or interfere with our business operation in any way, shall be immediately towed at owners expense. This includes, but is not limited to if your vehicle is leaking oil, coolant or any kind of fluids onto our driveway, concrete or anywhere else on our property where it stains or leaves any kind of marks on our driveway or concrete. We reserve the right to file a claim with your auto insurance company for any damages to our property. Also we do not recommend that you use a tarp, because if it comes loose when you are driving and lands on the windshield of the vehicle behind you, then you can cause a serious accident. So let it be documented that we are not recommending you come here with a tarp and by way of this paragraph we instruct you not to bring or use any kind of tarp for this reason. If you break down in our driveway, please know that a tow truck will be called and you shall be responsible for the expense because we cannot have our driveway blocked while you attempt to make repairs.

• TAKING COPIES OF OUR PLANTING INSTRUCTIONS WITHOUT MAKING PURCHASE. No one can enter our property just to take a free copy or copies of our free planting instructions without first purchasing product. As those copies of free instructions are only for customers who actually make a purchase of product. You would be surprised how many motorcycles pull into our driveway (typically on a Sunday afternoon) just to treat our farm as if it is a public park. They get off their bike, and take a nature walk around with their wives or girlfriend, without even asking us if they can walk they property, and without even telling us they are here. They make no purchase whatsoever, take copies of our free planting instructions and leave. Sorry, but that’s just not right. This shall be considered an act of criminal theft and trespass, unless product is purchased.

• FOR-PROFIT BUSINESS, NOT A PUBLIC PROPERTY OR PLACE FOR FREE RECREATION. Yes, our properties are beautiful, but as mentioned above, we are not a public park. We are a private business that is conducting business and not a place where you can just come to take a walk around without making any kind of purchase. If you are caught “just talking a walk” or “just taking some photos” on any of our properties, it shall be considered criminal trespass unless you have an appointment scheduled and are coming to purchase product, or to our PYO operation, and or an official agritourism event. No parking your vehicle on our property just to take your significant other for a little “walk around” the property like some people do without making any kind of purchase. Again, we are a private for-profit business, not a free public park or charity operation for cheapskates who are looking for something to do to pass the time, without having to spend any money. You would be surprised how many people pull into our driveway on the weekend, riding around in their classic car, motorcycle or recreation vehicle, and we find them walking around the property without having an appointment, without announcing themselves, and without purchasing any merchandise. Imagine if you found a random couple walking around in your backyard, and when you walk up to them and question them why they are there, they tell you … because it’s so beautiful here and we were just appreciating your property! You would get upset and feel the same way if people did this to you at your property, but they do it here all the time, and then they are surprised that we get so upset and call them out on it and said that we are mean and rude because we called them out on it. If you are coming to any of our properties, it must be to make a purchase, not for free public recreation, because are properties are private.

• CRIMINAL TRESPASS WITHOUT HAVING FORMAL APPOINTMENT SCHEDULED. We are open to the public, but strictly by appointment only. No one can legally enter any of our properties without being invited first by our company, and without having scheduled an appointment first. Should anyone enter, walk or drive onto any of our properties without our knowledge or without having an appointment first; let it be known that such behavior shall be considered criminal trespass and criminal trespass charges will be filed, with our security cameras footage being admitted as evidence. This policy was added for reasons including, but not limited to because there are some people who call us, and because we are busy, they get our voicemail message, but then for whatever reason, they do not have the patience to simply leave us a voicemail message and give us an opportunity to return their telephone call or e-mail message to formally schedule an appointment, the professional and right way. But what a select number of people do instead of following this very basic professional business protocol of simply leaving a voicemail, then giving us a chance to call them back to quickly answer their questions and schedule a product pick-up appointment, they just get in their vehicle and drive over here without having an appointment. Or they call us in their vehicle and tell us that they are on the way. That is simply not acceptable. Some of them park their vehicle on our property, and then we find them roaming around our property without even knowing who they are, and without them even having any kind of appointment scheduled. Again, be advised in advance, if you show up here without having a formal appointment taken and scheduled, you will be respectfully asked to leave the property and to call us to schedule an appointment first. If you enter our property or any buildings or structures on the property without our knowledge and or without having a formal appointment schedule it shall be considered criminal trespass and can also be considered breaking and entering.

• NO SOLICITING. NO SALESPEOPLE OR ANY OTHER PERSONS ARE PERMITTED TO SHOW UP WITHOUT HAVING A FORMAL APPOINTMENT SCHEDULED. This is the paragraph where we make it clear that we do not accept any solicitations. If you are a salesman or saleswoman, and just randomly show up at one of our properties and expect us to drop what we are doing to listen to your sales pitch, it’s not going to happen. You will be asked to leave the property. Furthermore, to those salespeople who leave free product samples, know that by leaving any free samples or demo product, you understand that we have no obligation to buy your product, nor shall we be responsible for any free demo product and or demo equipment that you leave at any of our properties. We cannot and shall not be responsible for the damage to any demo equipment. Please do not leave any demo product or free demo product without our consent. We decided to include this paragraph because for some reason, salespeople can often show up at the busiest times of year. Now if there is a piece of equipment or product you would like us to sample and consider, you can simply mail or ship us some samples to consider. But, we do not want any product samples of any kind left in the yard. Nor do we want any kind of demo equipment parked or left on any of our properties. If you do so anyway, be advised in advance that we shall not be responsible for any damage or theft of said equipment, as sometimes sales reps can just park demo equipment in in the yard, leave the keys in it, and then send one of us a text message, leave a voicemail, put a note in our mailbox and or send an e-mail to try it out. Sorry, but we cannot allow that anymore, because members of the public can pull into our property and accidentally back up into said equipment and or damage it in some way. No product or demo equipment can be left on any of our properties without the written permission of a Managing Member of our company. Also please be advised in writing that if you ship us any free demo product or samples that we are not and shall not be obligated to return it. Many salespeople come here and put stuff in our mailbox but that is not permitted and they should be retrained on the fact that putting anything in someones mailbox is actually a serious crime, but they do it anyway and pack our mailbox with their sales material, books, business cards, and brochures. If you do this, you will not like our response, which will involve contacting your corporate office and much more.

• GETTING A GREAT LOW WHOLESALE PRICE MEANS THAT YOU DON’T GET THE RETAIL EXPERIENCE. Many people forget that they are buying direct from farmers at a low wholesale price, not a retail store with all the things you might expect to see and experience when you shop at a big box store or any major retailer. We are just not set up that way. This is a farm, and you are buying stuff literally at half the price it would cost if you if were buying the same thing from a major retail outlet, so please just keep in mind that when you buy direct from a farmer a low wholesale prices, that you don’t get the retail experience. If you want the retail experience, then you have to pay the retail price which in many cases is double. So we never do understand why some people come here expecting to get a retail experience and pay a wholesale price. It does not work that way.

• NOT RESPONSIBLE FOR VEHICLE DAMAGE DURING THE LOADING PROCESS. Let it be known that we recommend you only bring a pick-up truck, van, trailer, box truck or suitable vehicle to accommodate the loading process. If you bring a car, SUV or any other kind of vehicle that is too small and the roof of your vehicle gets scratched from the branches, or gets stained from the berries, or marked up, scratched or damaged in any other way that it shall not be our responsibility because we advise you to bring the proper vehicle to transport the pots back home and so you do not have to squeeze them into your small car, SUV or other vehicle that is not large enough to put them in then without the canes (branches) touching the roof your vehicle. If this happens, and it becomes scratched, stained, cut or damaged in any other way that will not be our responsibility because we are telling you in this paragraph to bring the proper vehicle to pick-up your order.

  Now, at this point, you are likely saying to yourself, well all of this stuff is just common sense, and yes it is. But, you would be surprised with some of the nonsense that we have to deal with. Some people come here and seemingly try to provoke our well known, no-nonsense farmer. Then, they act like they are a victim and make up totally exaggerated or fabricated stories when he verbally sets them straight and is honest about his feelings on the situation, and or when we he respectfully asks them to leave the property with no-sale of product taking place. Yes, we can and will refuse to accept your money, and fully reserve the right to not sell you anything if anyone gives us a hard time. We have a low tolerance for nonsense. We like keep it real. But, some people today are quite sensitive and they get very easily offended with our honest, direct, no-nonsense old school way of doing business. Then they claim that we rushed them, or that we were rude to them, and or that we treated them badly in some way, when that is just simply not the case or the whole entire story. That is only their own distorted version of the facts and of what actually happened. We are not trying to be disrespectful, rude or mean to anyone, and we are not trying to rush anyone. But please understand that we just need to keep things moving. Some people dramatize and greatly exaggerate very petty situations, issues or problems that they themselves created or caused. Some people just show up at our place of business with no appointment whatsoever. Then they expect us to just drop everything and walk away from whatever we were doing or planned to do, the second they pull in our driveway. But once again, without even having an appointment scheduled. This official website very clearly requires and mentions numerous times on numerous pages, that yes, we are open for a fast drive-thru pick up appointments, but we are OPEN BY APPOINTMENT ONLY and that our current minimums can frequently change, so everyone should be calling us first, not just to schedule an appointment, but so we can be honest with you about our current minimum orders so that you are not surprised when you get here.

  
  PICK UP ORDERS INSTEAD OF SHIPPING ORDERS IS WHAT WE RECOMMEND
  
  We always recommend drive-thru pick up orders instead of shipping orders so you can save money, instead of paying all the associated shipping costs as discussed in our shipping and handling fees policy below. Plus, as a new, existing or prospective customer, you can personally see, not just our beautiful operation, but you can also see exactly what you are buying, instead of placing a shipping order over the telephone. Customers drive hours just to buy direct from us. There is a good reason for this. That's because many of them have tried to buy weak greenhouse grown plants that lack basic cold hardiness from local nurseries and big box stores like Lowes, Walmart or Home Depot, only to have many of them die due to low survivability rates. The reason for this is quite simple, it's because they are not cold hardy, because they were grown and raised in a temperature controlled environment in a greenhouse or high tunnel. Then, when you buy them, and take them home and put them outside, that's the very first time that they have ever actually been outside before. Yes, the big box stores and other nurseries often display them outside, but they all came out of a climate controlled greenhouse. They lack cold hardiness because they have never been outside and through an actual winter before. Did you know that up to over 90% of all plants for sale online were all grown in a greenhouse? That’s great for the seller, because they pushed them with heat all winter long in a temperature controlled greenhouse so that they can grow them in half the time. But it’s bad for you, the buyer, because when you plant them outside, they have never been outside during winter before, because the online sellers quietly grew them in greenhouses or high tunnels, and then you bought them, only to get stuck with low survivability rates when they start dying from lack of cold harness. This is exactly why we don’t use greenhouses or high tunnels, because in our expert experience, they ruin the cold hardiness of plants for the life of the plant. Also, there are many of you who have previously purchased from "other online sources" owned and operated by individuals who are not even real legit farmers, or farm owners, but just who are selling stuff out of their backyard, or off a small property and call it a farm. You should seriously take the time to Google their physical operation address first, just to look at overhead satellite photos of their so-called farm operation. In many cases, you will see either no legitimate farm operation that exists there, or just a bunch of potted product on tiny piece of property. Again, the vast majority of other sellers are not even real legitimate farmers. Compare to the overhead Google satellite images of our beautiful high-end operation to the satellite images of all the “online plant peddlers" operations. The vast majority of those people have no background or history in our industry. Remember, when they grow in greenhouses, that’s good for them because they can push them with heat all winter long, and get them big fast, but that’s bad for you, because they have never been outside before and through an actual winter.

Plants and Products Policy

Plants are living things. They require proper care and attention. We care for our plants and products while they are here at our farm or nursery. But as soon as they physically leave any of our farm or nursery properties, they become your responsibility. We do not offer any warranties or guarantees of any kind on any living material, plants or any other products purchased from our company. Please be sure to provide the proper care and attention as required by your plants.

This policy not only applies to all mail orders, shipping orders and or pick-up orders, but it also includes any farm market, u-pick, roadside stand, festival or event transactions. Once again, we invite you (by appointment only) to drive to our beautiful operation to personally pick-up your order. Just give us a call first to schedule an appointment at (609) 561-5905 and we will be happy to answer your questions. But, when you pick-up, please know in advance, that it can be a very fast drive-thru pick up experience. Your vehicle should be prepared to be loaded before you get here, as once you pull in our main driveway, if you are picking up a small order, know that it needs be loaded in just a matter of seconds. Yes it only takes about 90 seconds to put 5 or 10 potted plants on the ground, you count them and then you pay. It’s that simple. Complimentary planting instructions will be provided upon your request, free of charge. Be advised that the above policy also applies to any kind of fungus or any other related plant related issues. What happens sometimes is that people take our plants home with them and then they develop some kind of fungus issues due to the fact that people over-watered them, or they catch something from their new surrounding environment and get infected by host plants at the customers property and then our company gets blamed and the customer wants to return them and exchange them or get a refund. No, we will not take anything back as stated in our policy above. Why? Because when you (or your representative) were physically here, and picked them up, you (they) physically saw them, and your (they) saw how beautiful they were, without any kind of issues of any kind, and you (they) paid for them and removed them from our property, that is when they became your responsibility. We have a gorgeous operation that is very impressive, clean well maintained and we would be more than happy to schedule an appointment with anyone, and walk them through our operation to show them that we don’t have any issues here. But there are some people out there who cause their own issues and then they try to blame us which so so unfair, but that’s life. There are just some people out there who don’t like to take responsibility.

Splitting Orders to Meet the Minimum Policy

Unfortunately we do not allow anyone to “split the minimum” with a friend, neighbor or anyone else, and the reason for this is because then we have two separate orders and customers under one order, and it can become confusing to our staff, especially when the order is under one persons name and the other person calls to ask questions. It just leads co confusion and frustration on all ends which is why we do not allow anyone to bring in a friend, neighbor or anyone else on board to help them meet the minimum order requirement for that particular category or size they are interested in. It also leads to two separate vehicles coming here at the same time for just one order and we cannot allow two separate vehicles to come here to pick-up just one order. Again, it becomes confusing with respect to who is who and which goes in which vehicle, and again, it just leads to confusion and frustration for everyone. So there is no “splitting the order” and there are no “group orders” which is discussed in great detail below under our no group orders policy. We like to keep things simple which is why we will not allow this. Please let let be known that if you don’t tell us and just show up here with your friend, relative or neighbor and attempt to split the order, we will cancel the entire order and send both vehicles away for attempting to get around our policies which is not acceptable to our well organized and disciplined family business.

Check and Inspect Everything Before You Leave Policy

Let it be known that once you physically leave our pick-up location, you cannot call us hours, days, weeks or months later and claim that you were somehow “shorted” and are missing something. It is your responsibility to physically get out of your vehicle and take literally 60 seconds of your time to physically look down at the potted merchandise sitting on the ground, count the pots and examine them to your satisfaction. Because when it comes to picking up at our drive-thru, we have a very fair “speak now, or forever hold your peace” policy. Meaning that, if you (or one of your representatives) are physically here at our pick-up location, it is your (their) responsibility to speak up, and say something if you (they) see any kind of issues. But there should be no issues whatsoever. The only issue that can happen from time to time is that one of them has a broken branch or something like that, which is human error. And yes, it happens. But if that is the case, we are more than happy to switch it out for another one. But you have to speak up and say something about it before you physically leave our property. You cannot leave our pick-up location property and then call us to claim there are some kind of issues. You or your representative should have verbally spoken up while you (they) were physically standing here in our driveway. So remember, when you get here, you must speak up, or forever hold your peace. And just to note that the broken branches thing mostly happens because people load them incorrectly in their vehicle and then then the pots shift around during their ride back home and a branch gets broken, then they try to call us and blame us for it, when it wasn’t our fault.

Count the Pots Before You Leave Policy

When you or any of your representatives come here to physically pick up your order, before you (or they) hand anyone any form of payment, it is your (their) responsibility to take the time to carefully count the pots to make sure that the count is correct. Once your (their) vehicle leaves our property, we shall not accept any kind of missing pots claim. For example, if you or your representative(s) came here to pick-up an order of 10, you cannot call our office hours, days, weeks or months later, and try to claim that you “only got 9 instead of the 10” that you paid for. Because if that was the case, you should have said something before you left our property. It literally takes a few seconds for you to count the pots. You should always count the pots and double check your order before your vehicle leaves our property. Always take the time to count, and be sure that you are getting and or received what you paid for, before you leave our property. Again, once you physically leave our property, we shall not accept any missing pots claims.

Shipping and Handing Fees Policy

In addition to standard shipping fees and or “the price shown on the box” our company charges and prices in fair handling and other fees for all shipping orders. There is considerable additional time, labor and expenses involved in digging, cleaning, sorting, wrapping, packing, boxing, transporting and sometimes pre-pruning the plants. We feel this is fair practice, as most companies today charge or incorporate some type of handing or other fees into their pricing. Within our “shipping price” is not just the standard postage, or cost of shipping itself, but also a box charge, materials charge, labor charge, shipping supplies charge and transportation charge. We feel this is fair, being that if, for example, a customer was to physically drive here to pick up 10 plants, it takes us just seconds to load the 10 plants into the customers vehicle to complete the order. However if those same 10 plants are shipped, there is much more time, expense and labor involved in digging, prepping, wrapping, packing, boxing and transporting the boxes to be shipped. In addition, it costs us additional labor fees and costs to have the boxes driven to the USPS. Then, we have to pay someone to stand and wait in a long line of people, often with significant delays, just to be served, due to continued USPS staff and labor shortages. But even with these additional fees, our prices are still competitive, and we feel, still quite low for what you actually receive. Compared to big box stores and online nurseries who charge the same price (if not more) for plants that are about half the size of ours, that are greenhouse grown and lack basic cold hardiness. All of our costs and expenses have substantially increased post-COVID pandemic, and unfortunately, just like with most small businesses all across America, we must pass on all of these costs to the customer in order for our business to stay profitable.

Please know that if anyone from our company uses the words “shipping” or “shipping quote” that those words are not intended to mean and do not mean shipping as in freight trucks or any other kind of private or public trucking or hauling service. We only ship via the United States Postal Services (USPS) which has the same ability and function to handle shipments same way that UPS and FedEx does. The USPS handles all sizes of large and small shipping of boxes even though most people think of them as only handling the mail, this is not the case. In more recent years, the USPS has made a big push to go into shipping of large and small boxes.

Non-Disparagement Policy

By doing business with our company, you the customer and or your representative(s) agree that you will not at any time make, publish or communicate to any person or entity or in any public forum, any defamatory, libelous, untrue or disparaging remarks comments or statements concerning our company, including but. not limited to any owners, employees, staff, interns or anyone else affiliated with our company. Take notice by way of this publicly published policy that if you violate this policy that we intend to hold you accountable for all damages. Once it comes to our attention that a clear violation of this policy has taken place, the following legal steps will take place. First, if you have a pending order, it shall not be shipped until the matter is resolved. Your funds shall be held in good faith by our company until a court decides the outcome of our legal dispute and hears our claims for damages against you the customer. Once there is a legal resolution, then your payment shall be deducted from the financial damages you owe our company for violating this policy.

Delivery Language Clarification

Let it be clearly stated, clarified and well documented that our company does not “deliver” any kind of product. There is no “delivery” or “delivery service” for any product by or from our company. We do not use the words “deliver” or “delivery” in any conversations with any of our prospective or existing customers. Nor do we use the words “delivery” or “delivered” on this official company website. We “ship” our product using the United States Postal Service (USPS) as the exclusive shipper for all of our company products. Some people can sometimes assume that we personally “deliver” our product, but that is simply not the case, and we often go out of our way to clarify this fact if anyone asks us. We never promise to “deliver” or and we never promise “delivery” of any product. We only to ship via the USPS. There are countless major companies who also use USPS as their primary shipper, so our USPS shipping practice is quite common and nothing out of the ordinary, to say the very least. And yes, we do clearly disclose these facts not just on this website, but also on our YouTube videos such as this one which clarifies all of the above mentioned in the contents of it’s video description. We do not ship mail orders in pots or containers and can often ship bare root, semi bare root, partially dormant or fully product for all shipping orders.

Cancellations Policy

Except as clearly set forth in this paragraph, no cancellations or refunds of any orders of any kind, placed with our company shall be accepted, honored or issued. Customers may only cancel their order within three (3) days from the exact date and time that they verbally placed the order with our company. For any customer who cancels their order within three (3) days of placing the order with our company, by specifically going to the contact section of our official website and formally submitting a cancellation request in writing via. the contact us form, and after we verify and confirm the official time stamp on the e-mail “contact us” submission and make certain it is in fact within the three (3) days of when the order was actually placed, then in that case, and in that case only, we shall return to the customer any good faith deposit or payments that were made. However, immediately after this limited 3-day cancellation window, we cannot and shall not accept any requests for cancellations, or refund requests of any kind, for any reason. This is because our company immediately reserves and holds the order for the customer(s) the very second the order is placed either verbally or in writing with our company. All payments or deposits of any kind are 100% non-refundable once placed for either mail order, shipping orders or pick-up orders. Please note that when someone places an order with our company we carefully document and time stamp the exact time that the order was placed, along with the exact date, so both the time and date matches up with our telephone records to show when the customers telephone call was actually received, and this is the official time stamp clock that starts the very second your order is placed on that exact day and time that the customer places the order. Just for clarification, please let it be known that when we say “3-day” cancellation window period, that we don’t mean three business days, but just tree regular calendar days, which includes Saturday, Sunday and all other days. So it is not three business days, but again, just 3 days from the exact time and day the order was placed.

Cancellation Fee Policy

If you do cancel your order within the short 3-day cancelation window as discussed above, please know that we legally reserve the right to charge a $150 cancellations fee that will need to be immediately paid and billed for our time in processing the order, flagging and taging everything, discussing all your questions, providing expert advice, consultation. As yes we do in fact advertise no charge for tips and advice, but that is only for those people who become our customers and make a purchase. With all due respect, we are a for-profit business, not volunteers running a non-profit organization that just gives out free consultation, free growing advice and free tips. We reserve the right to recover damages, including but not limited to any bank fees, time invested in answering your questions and providing expert consulting without receiving the benefit of the actual order. Our time on the telephone and or in-person for providing you with expert planting and other expert guidance, expert tips and expert advice is only free if an order is actually placed with our company, if not we fully reserve the right to bill for our time. If for any reason this cancellation(s) fee is not paid within 30 days, then we reserve the right to invoice you for the balance due. If it is not paid within thirty (30) days we reserve the right to report any unpaid balance as debt to each of the three major credit bureaus. The debt shall remain outstanding and you will be charged 6% monthly interest that will compound on a daily basis. We also reserve the right to deduct this $150 order cancellation fee from any orders canceled within the three days as mentioned above.

This very short 3-day cancellation window does not apply to any u-pick events, land rentals, sporting events, group events, farm events, yoga events, weddings, photographers, family photo shoots or any other events being held at any of our NJ farm properties, since all events could have their own separate formal contract and/or specific terms or conditions of those contracts, that shall be clearly set forth within each individual contract or within verbal agreements. But even if there is no separate or additional contract, there are no cancelations of any kind for any of the above mentioned. Any amount of money not paid to our company when any balance of any kind is due, shall be fully subject to a $250 late payment penalty fee, and also be charged a six percent (6%) monthly interest penalty of the total amount due of any unpaid fees or balance(s) due, for each and every day and month that passes, in which a payment, or any balance due or is delinquent. Let it be known that the 6% interest penalty shall be compounded daily upon the balance due. If after thirty (30) days pass and there is still any kind of unpaid balance(s) due, we reserve the right to hand over collections to a debt collection agency or agencies, and/or to send letters out to the three (3) major credit bureaus regarding your debt owed to our company and have our company named and or listed as a “creditor” on your personal and or business credit report(s); and once again, as stated above, to promptly report your owed debt, including any cancellation fees, and any delinquent debt balance(s) due to any or all of the top three major credit bureaus, and reporting agencies. Our company shall not be responsible for any negative impacts this may have on your personal or business credit score, or your company’s credit score, as we give everyone a maximum of thirty (30) days grace period to pay the total balance due in full, to resolve the situation. But in most cases, we do not send to a collection agency, but send out one of our our form letters to notify all the major credit bureaus of your debt owed to our company.

Product Height and Size Policy

Our company never makes any kind of guarantee of product height or size. This is because our inventory can frequently change. Therefore, the only reference to product height that can be sometimes made on our official company website, applies only to “pick-up” orders. The actual wording clearly states… “if you pick-up” and or “if you pick-up order” …meaning that height mentioned clearly only applies to “pick-up” orders, not shipping orders. But even for those customers who pick-up their order, we still do not guarantee a 4’ foot tall product; as the wording clearly states “up to” 4’ foot tall. It does not say 4’ foot tall. It clearly states “up to” that 4’ foot tall, but only “if you pick-up” order. The words “up to” are very commonly used in all types of advertising today. For example, if a television or print advertisement for a women’s clothing store advertises, that if you buy now, all women’s designer dresses are “up to” 50% off. That does not mean that when a customer walks into the store, or goes online to make a purchase, that every single women’s designer dress will be 50% off. But rather, it means exactly what it actually says, that all designer dresses can be “up to” 50% off. This has always been our long time company policy as discussed in greater detail below, which includes no guarantee of number of branches (canes), no guarantee of product height, no guarantee of gauge or thickness of branches (canes) and no guarantee that the product will not be shipped fully and or partially dormant; as also discussed within this Terms and Conditions section of our official website. Note that you should not rely on any particular pictures and or videos on our website or social media, since those photos and videos represent all different types of custom orders for various different customers over the years. If we ever use the term “BIG” in any of our advertising, please know that we use that term not to describe the actual size itself, but as our own comparison and opinion as to other online sellers who often send out small product that is often about half the size of ours. So yes, compared to most other online sellers, we feel that our product should be in fact considered to be “BIG” as compared to what most of them ship out to people. Also we are not selling a “tree” or “trees” so we are not sure why some people use the term “tree” to describe what we sell. We sell small plants and bushes that are physically possible to box up and ship via USPS. Our inventory can frequently change, therefore our product can get smaller in size as inventory levels are depleted. This is also common within the entire industry, as other companies have similar policies of which we are also reading, comparing and preserving in our records to legally demonstrate that our polices are quite common. Frankly, it is amazing that when just about every other company in the United States (both large and small) frequently use the words “up to” in their advertising, then that’s ok, and it’s an acceptable practice. But when we use “up to” in our advertising, some people try to claim that it’s misleading, which is simply not fair, and true. When every other company in America is legally compelled to stop using the words “up to” in their advertising, then we will stop using it as well. But until then, we are legally entitled to use those words. It should also be noted that any use of the words 4’ tall or any other height reference in any of our advertising is legally clarified once someone is brought here to our official website, and can clearly read that such “up to” height reference only applies directly to “pick-up” orders.

Right to Ship Dormant Product Policy

Let it be known that we reserve the right to ship fully or semi-dormant plants at any time. We may do this at any time of the year, for any number of reasons which include, but are not limited to warm/hot weather, continued USPS shipping delays, slow shipping due to continued USPS staff and labor shortages, or any other reason. So please be advised that we can and may ship our product at all various stages of growth, including but not limited to when the product is fully or partially dormant, has no leaves, is not leafed out, has no blossoms, foliage or is in any stage of growth or dormancy. And yes, we do in fact show customers purchasing dormant product on our official website. If you look on the “Contact Us” section, you will see a highlighted photo of happy customers purchasing dormant plants. Selling and shipping partially or fully dormant plants is something we have always done at various times throughout the year. Not just during the winter season. Shipping dormant is also a common practice in the nursery and fruit tree industry, with a significant number of online plant and fruit tree nurseries who ship bare root, non-potted plants that are still either fully or partially dormant, with no leaves or foliage of any kind. As also stated in other parts of this terms and conditions section of our official company website, we do not ship in pots or containers. Yes, we do show videos of pots being loaded on a truck, but if you read the video description text, there is a full disclosure clearly made on there that makes this clarification.

Labeling Policy

Please be advised that if you want your plants labeled, then you must order at least fifteen (15) or more at a time, and request in writing that they be labeled when you place your order. We only label by formal request and do not label if you order less than 15. The reason for this is because we are wholesalers, not retailers. You are buying direct from a wholesaler at low wholesale prices. But the trade off for that is that you do not get the “retail experience” like you would if you were buying from Lowes, Walmart or Home Depot, where they have colorful pots, packaging and individual labeling which is expected and common on the retail side, but not the wholesale side of the business, which is our business. Again, please remember that you are buying direct from farmers, which is why we don’t get into all that kind of retail stuff. We don’t want to get into retail for this exact reason, because it becomes too high maintenance for us and we like to keep things as simple as possible.

No Conversions Policy

Let it be known to all, that once a customer or their representative(s) place a “shipping order” with our company, that is to be “shipped” by our company, that it cannot be converted or changed to a pick-up order. Again, once any kind of shipping order is placed with our company, it cannot be changed for any reason, and shall stay and remain a “shipping order” and, therefore the order cannot be picked up by the customer or any of their representatives. Should the customer of any of their representatives randomly show up at any of our properties and demand to pick-up the product, it shall be respectfully refused; and said product shall instead be shipped in good faith by our company to the shipping address as provided by the customer. Again, no pick-ups shall be allowed once you place a shipping order with our company. This is yet another reason why we always suggest pick-up orders instead of shipping orders, for those people who are in a hurry to get the product for whatever reason. Choose wisely, because once once you place your order, it cannot be changed for any reason.

After-the-Fact Order Changes Policy

When you place an order with our company, we create an order card with a time stamp of the date and time your order is verbally placed via. telephone or otherwise with our company. Whatever terms we discuss during that telephone conversation once your order is placed, cannot be changed for any reason. You cannot mail us your check, money order, certified or any other kind of payment and then include a note on the memo portion of the check, money order or other financial instrument, and request any kind of order change(s), or attempt to amend the order that was originally placed with our company. You also cannot amend your order by including any kind of note or letter along with your payment, requesting any kind of changes to the original order as it was verbally placed with our company and documented on your order card that we carefully preserve.

Placing Multiple Orders at One Time Policy

We do not allow anyone to have more than one (1) pending order with our company at one time. The reason for this is quite simple, because having multiple orders at one time can create confusion and complicate a process that we try to keep as simple as possible. Once you receive your order, than you can call us to place another totally separate order, but not until you receive your first order.

No Cash for Shipping Orders Policy

Do not send us any cash or money orders in the mail. Doing so is very risky on your part, because it could get lost or stolen in the mail. Be advised that if you send us cash or money order in the mail and for whatever reason it gets lost or stolen, then it will be your loss and responsibility, and our company shall not be responsible for your loss or damages of any kind. Let it also be known that we never ever tell or ask anyone to send us cash in the mail, and that includes via U.S. regular mail, certified, FedEx, UPS or in any other form or with any other company. Also never leave cash taped in an envelope to our door or at any other other location on our property. No one should ever leave any form or amount of cash or money orders on our property. We only want payments via. check from a legitimate bank account that has enough funds to cover the transaction. Also do not put any form of payment in our mailbox. We never ever ask people to do this and it does not matter if you were “just driving by” and decided to put your payment in our mailbox. No please do not do that as we cannot and shall not be responsible for anything left in our mailbox. Furthermore, it is a federal crime for anyone other than the United States Postal Service (USPS) to put anything in our mailbox or to even physically touch our mailbox, so please just put the check in the mail.

Shipment, Shipper Issues, Shipping Method and Delivery Issues Policy

All shipments travel at the customers and or purchasers risk and expense. Customer must file a claim with the USPS if the shipment is damaged in transit. We always ship product in good faith, but if there are any issues with respect to long delays caused by the USPS, we cannot and shall not be held responsible. This includes, but is not limited to when product is shipped priority, but takes significantly longer than expected due to any possible USPS issues or delays caused by any possible reason. Whenever we ship mail orders using the United States Postal Service (USPS), we do not ship in pots or containers, and we do not ship the pots or containers. We carefully remove the plant or product from the pots or containers prior to shipment. If our customer sends a shipping or shipping hauler physically here to our farm, yes only then shall we load the product, plants or merchandise on a vehicle in pots or containers. If our shipper(s), including but not limited to the U.S. Postal Service (USPS), FedEx, UPS or any other shipper (or carrier), damages plants and/or products in shipment, or if product is damaged due to unusually long shipping times, then the customer shall promptly file a written complaint against the carrier and/or shipper, who in turn will be responsible to compensate the customer directly for such losses. Your canceled check shall serve as your proof of payment and a copy of such can be submitted with your claim to the USPS. Once our plants or products leave our farm, nursery or any of our other properties, they are not our responsibility. Our company shall not be responsible if any shipper or carrier that carelessly leaves perishable plants out in the hot sun or bad weather during delivery. Or, if the shipper or carrier does not properly notify customer that plants or product has arrived or have been delivered. This includes but is not limited to, shippers that place or deliver the product to customers door or a side of the house or property that is not used by the customer; or if our company ships the product in good faith, and the product sits at the post office location due to the fact that the post office staff does not properly notify the customer in a timely manner that the product is sitting there. Unfortunately, our company simply cannot control the actions by shippers. We always hope that they will conduct themselves using good business practice, courtesy and basic common sense. Be advised that if for any reason your product is returned to us either by you, intentionally or unintentionally; and or if the USPS returns the product to us for any reason, that we shall be under no legal obligation to re-ship the product to you. This includes but is not limited to even if the customer offers to pay for the shipping; let it be known in writing that we shall not re-ship product to any customer for any reason, again, even if the customer offers to pay for the shipping. This is because we ship our product bare root and the product will be likely returned to us after it has already begun to spoil; therefore, we shall not accept any kind of spoiled, partially spoiled, or any kind or form of product (no matter what it’s condition may be) and if and when it is returned to us in any form, let it be known that the product shall immediately be refused by our company, and or destroyed, and or discarded by being placed in a dumpster, trash can(s), burned or immediately discarded in another form.

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 the 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 or the carrier 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 give everyone a "courtesy call" prior to the plants being shipped, we cannot and do not guarantee that all customers will actually 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 customer’s responsibility to notify DFF in writing of any shipping date changes. Otherwise, DFF shall ship plants within its own shipping schedule as outlined below. Customers should also be advised that once an order is placed as a "mail order” and or “shipping order” that it cannot be changed to a pick-up order as stated below in no conversions policy. Please let it be known that our company does not allow conversions of a mail shipping order to be converted into a pick-up order. In other words, once you place a mail shipping order, it will remain such. The customer cannot just drive out here unannounced or announced to pick-up their order instead. This is not a permitted practice, as if you just take it upon yourself to drive out here and show up at any of our properties, we will deny you the product, and the product will remain a mail order shipment order and said mail order will be shipped to the physical shipping address you provided along with your check. As far as invoices are concerned, we do include a copy of one with every shipment along with detailed planting instructions. However, if for any reason a customer loses or misplaces an invoice and therefore it needs to be replaced or re-sent again, there will be a $50 invoice replacement fee, which needs to be paid-in-full, in advance, at least thirty (30) days prior to any replacement invoice being resent to the customer. We believe this fee is fair and reasonable, as our company time is valuable, and we do not have your order logged into a computer where it can just be simply and easily printed out. First, we will need to physically search for your order card and order information through countless other order cards, files and or other mail order shipments, which is a time consuming process for us in the course of our busy business day. Therefore, the customer will need to pay us for this service.

Let it be known that DFF does not provide any insurance of any kind on any mail order shipments. 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 responsibility of the customer and DFF shall not be responsible for any shipments once out of the hands of our farm or garden center. Let it also be known that should any plants or products be "held at customs" or "held by any officials" or "held by or at the post office" that DFF, LLC shall not be responsible for the any plants or replacements should any plants die during the delay. If the post office is negligent in notifying the customer that the plants have been "sitting at the post office" for days without notifying the customer, then the customer may file a formal claim against the US postal service for "failure to notify" the customer that the package has been waiting for them. This can be frustrating for our company, as we have no control over any shipper once we ship any of our products in good faith. All customers and purchasers shall be completely responsible and accept any, all risks of shipping plants by DFF to any international country or domestic state in the United States. This shall also include if we ship the product in good faith, have proof of our shipment via. a receipt and the tracking number on www.usps.com shows “delivered” by the United States Postal Service (USPS) but yet you claim the product was never receive, that would mean the product was possibly stolen and for those cases we shall not be responsible to replace said product since we shall have proof of our good faith shipment with receipt and a tracking number that proves the same. We have this policy due to the now common issues with “porch pirates” who steal packages off people’s porches and or property when they are not home. Also if you live in an area with high crime rates or have had issues with porch pirates before, then the solution is simple, have us ship the product to an alternative address when you have a friend, family member or other loved one that physically lives there where the product will be safe. Common sense says, not a good idea to have us ship the product to the middle of a city or any other area where the product may be stolen. And always provide us with a physical shipping address that is a primary residence where the United States Postal Service (USPS) delivers.

No Gifting Policy

Placing a shipping order as a gift is just a bad idea. We do not recommend that you plan on giving or “gifting” our product as a gift to someone for a birthday, anniversary or any other kind of celebration, including but not limited to Mother’s Day, Father’s Day or any other holiday. The reason being that we cannot guarantee the shipped product will be there and or arrive in time for someones birthday, holiday or any other reason. This is due to our often busy shipping schedules and the fact that we process orders in the order in which they are received and sometimes it can take longer depending on the time of year. Especially with the continued post-Covid shipping delays due to continued labor and staff and labor shortages at the USPS. Therefore, if you are in any kind of rush or hurry to receive the product before any certain given date, you should just schedule a drive-thru pick up appointment with our company and pick it up instead; and not place any kind of shipping order which may not arrive in time for someones birthday, anniversary, or any other form of celebration or any other gifting reason. Any shipping order that is intended to be a gift for someone only ends up being a whole lot of drama and confusion which is why we will not accept any gifting orders other than for pick-up.

Federal, State, County, Local or USPS Shutdowns, Emergency Closures or Crisis Policy

It is well known that we ship our product(s) via the United States Postal Service (USPS) and that there is always the rare chance and possibility that the local, state, and or federal government may shut down, close down, lock down or implement restrictions; and or the USPS can or may temporarily shut down, temporarily close or temporarily suspend or interrupt its services, or any parts of it’s services for any number of possible unknown reasons including a disease such as COVID or any other variants, sickness, diseases, pandemics, virus, illness or any other reason. If this ever happens, please be advised that your product will be shipped once the government lifts restrictions; and or once the USPS fully reopens it’s doors once again and fully restarts all of it’s shipping, handing and carrier services once again. Of course any such closures like this would be public information and could be easily verified by any of our customers through the official USPS website. Unfortunately, we cannot refund any money if this ever happens, but of course, you absolutely will receive the product you paid for once the USPS fully restarts its services and fully opens once again. We will then certainly ship your product, in good faith, to the shipping address you provided us with. Something like this, such as emergency closures, crisis or any kind of shutdowns would of course be totally out of our control and would affect more than just our company, so your patience and understanding is appreciated. As stated in other parts and sections of our terms and conditions, mail order shipments cannot be converted into pick-up orders once they are placed and paid for as a mail order shipments. We will not simply refund money due to any kind of above mentioned, shutdown(s), closure(s), acts of war, terrorism, or crisis of any kind, but instead the shipping would simply be delayed until we are physically able to ship the product. Once again, you as the customer will always receive the product you ordered and paid for, any of the above mentioned will simply delay said shipment. This policy was added to our terms and conditions due to the Coronavirus (Covid-19) pandemic crisis which greatly affected not only our country, but the entire world. Once again this policy does not only cover the USPS possible closures, staff shortages or other USPS effects, but it also covers any and all local, state and federal government restrictions which could affect the ability of our company to operation under normal conditions.

Product Never Received Policy and Reasonable Time Limitations

If for whatever reason, you do not receive the product you paid for, you simply cannot contact our company months or years later and attempt to make such a claim. Be advised that the time window is limited for you to file any kind of missing product claim with our company. If you do not or did not receive the product, you must immediately notify our company within thirty (30) days and no more than 30 days after the time in which we provided you with a “final courtesy call” which is a telephone call in which we use the telephone number provided by the customer to notify the customer that the product was in fact shipped in good faith. These “final courtesy calls” clearly document not only the exact date, but the exact time (right down to the second) that the call we made. Our company does this so our final courtesy call notes will match our telephone records. This way, if needed we can legally prove that the final courtesy phone call was in fact made in good faith by our company. We implemented this policy due to the fact that over the years, certain people (mostly older people) who mailed in their check, contact us months, or sometimes a year afterwards, or even longer and attempt to claim that “months ago, or a year ago I ordered XYZ and never received them..”…. but no such claim like this can be made, because the 30 day notice period has passed for anyone to make such a claim with our company. In a compromise with our customers, and in order to show good faith on the part of our company, we shall allow such claims to be made up to thirty (30) days after we made the final courtesy telephone call to the number you provided us with. We have this policy because it is unfair to our company to have someone contact us more than a month, many months, a year, or even years after the fact, and attempt to send us on a wild goose chase to search through records, shipping receipts and make us waste a substantial amount of time, all just because someone dosen’t remember, or just forgot that they really did receive the product. So once again, if you never received the product you paid for, then you must notify us within thirty (30) days in writing via our official website though the form on the CONTACT US section. You should then immediately follow-up with a telephone call to our office, immediately after you click the send/submit button on our website, call us to have a conversation with us as well. Note that your full cooperation and participation will be required for any such claims to be processed. Meaning that we reserve the right to ask you for an official front and back copy of your cashed check, and clearly show us both the front and back of your check . It must clearly show that we actually endorsed the check, cashed the check and that it actually cleared your bank. This is just one of the reasonable requests that we reserve to make from you to process your claim. You can have your bank send us a front and back copy to our email address. We also reserve the right to ask to speak with a representative of your bank. Let it be known and stated clearly that after thirty (30) days we shall not consider or accept any claims. This is fair, because it is just basic common sense, that if you did not receive something you paid for, then you should not wait more than thirty (30) days to say something about it.

Wild Goose Chase Policy

Let it be known that should anyone contact our company and make any kind of false, frivolous, misleading or exaggerated claims that results in our investing time and resources, that we fully reserve the right to bill you $250 per hour for our time in this regard. The bill will be sent to you and if not paid in 30 days, it shall remain outstanding with 6% mostly interested in to be compounded daily; and after thirdly 30 days we reserve the right to report the debt to each of the three major credit bureaus, and reserve the right to hand it over to a collections agency for collection. We have this strict wild goose chase policy because certain people sometimes call our company and make a false, frivolous and or misleading claim that they never received any product. They sometimes make this false claim because they realized that the shipping address they provided us with was not their primary residential shipping address (as we always request) and that the product was delivered to their second home, gentleman’s farm property or some other kind of property that they own, other than their primary residential shipping address. They realize this after the fact, and because the product was either sitting at that property or sitting at the USPS location waiting to be picked up, and they realize that they were wrong to ship it to that address in the first place, or that they were wrong to ignore the shipment that was sitting at the USPS, they then turn around and file a false claim with us and say they never received the product; when it was their fault that product was foolishly shipped to that alternative shipping address that they themselves provided us with, and now the product is dead because it has been sitting there at the other address, or sitting at the USPS location, which is not our fault that they didn’t pick it up right away. Once again, you should never ship the product to any other address other than your primary residential shipping address, and if you do so, then you do so at your own risk. This happened with a doctor who lives in Maryland. He ordered from us and told us to ship it up to his “gentleman’s hobby farm” property up in Pennsylvania. But the problem is that no one actually lives there. So we shipped the product in good faith to the address that he provided us with, and gave him a final courtesy telephone call to tell him it was shipped in good faith. But due to his “busy schedule” he could not get up to the property and the product sat there at the property and eventually died because he didn’t go up there right away and take care of them. Now once again, in this example, this doctor should have never told us to ship them to his investment property in PA, but rather he should have shipped them to his primary residential shipping address. He filed a false claim with us and said he never received them after he realized they were dead cause they were sitting up at his other property and he was “too busy” to get up there to take care of them. So he figured he would file a false claim and we would just send him more at no cost, and that’s why he made the claim. The lesson here is never ever provide us with any other shipping address other than your primary residential shipping address, and don’t file a false claim to send us on a wild goose chase searching through shipping records if you know the product was delivered the address you provided us with. It is not our responsibility to pay for people’s foolish mistakes. Always use common sense. Ship to your primary address and take the product with you to your secondary home.

Wild goose chases can also happen from time to time, when people order product from another company, but then they don’t receive the product from that other company. Then they call us and claim the product was never received from our company. But they never actually placed an order with our company, and our company never received any money from them. This just happened with someone who called us and said that his wife ordered grape plants, but she never received them. He was very upset and was screaming on the phone. But the thing is that we don’t even sell grape vines, and both he and his wife confused our company with another online company to which they paid money to receive product. They later apologized when we asked them for a copy of their check and it was made out to another company. But this was after we spent two hours researching their order. It was a total waste of time. When people order from different online companies they often can get confused, and then they forget which company they ordered them from. Surely we understand, this is only human, and yes people sometimes forget. But our time is valuable and we reserve the right to charge any customer who makes any frivolous or careless claim of “never received any product” and please know that we reserve the right to legally bill any customer for our time in going on any such “wild goose chases” that result in proving we were never paid for the product, or that the product was in fact shipped in good faith, or that the product was shipped and receive, and or any other result showing that our company acted in good faith and did everything right.

Porch Pirate Policy

We live in a world today where more and more things are now being delivered to the home and business. This is a good thing for your convenience, but it does not come without risk. Unfortunately, you must assume this risk as we cannot and shall not be responsible if your shipment is stolen after it has been shipped and delivered to the address you provided us with. Not if, but when we provide you with the evidence that we did in fact ship in good faith and it was delivered, then you are responsible to make sure that it quickly gets secured and taken into a safe location. If you have “had things stolen before” from any given location, than you should not be providing us with the same address that you have “had issues with before” and should be providing us with a safe address to ship to that has no history of theft. If anything gets stolen once we ship it and it gets delivered, then our company shall no be responsible. We do not recommend that you provide us with a shipping address that is located in any kind of city where your order is going to be put at risk of being stolen. If you have any concerns, then play it safe and provide us with a “safe address” location where we can ship to without any issues. This is yet another reason why we provide you with a “final courtesy call” via telephone to let you know when it was shipped so you can keep an eye out. if you are going away on vacation, or are not going to be home for any reason, than do not order anything from our company. Wait until you return to order so that you will be home when the shipment arrives. We still don’t understand why some people order things to be shipped to them when they know they are going to be going away on vacation or for any other reason as to why they are not going to be home for any given period of time. If this is the case, then you should wait, and once again, not order anything from us until you return home. There have been cases where people have a video of the theft on their doorbell camera, but even if you provide us with the video, we still shall not be responsible to replace your order. The customer is always responsible to police their own property and our company can not and shall not be responsible for any form of porch pirate theft.

Pricing Clarification for Pick-Up Orders of 2 Year-Olds

Please be aware that when you pick-up your order of any two 2 year-olds as advertised on our website or social medial for the price of $8.95 each or any other price, that there will always be an additional fee of $1.05 per pot added to the base price, for the fact that when when you pick-up your order, we will be giving you a thick heavy duty reusable commercial nursery pot, including a special custom sand and peat moss soil mix, a special slow, time-release 8 to 9 month fertilizer that is actually good for up to one year. We are giving you all this in addition to just the product itself. The product will not be bare root like they would be if they were shipped. We cannot remove them from the nursery pots because that would add a substantial amount of time and labor costs. This additional pick-up fee is always disclosed up front, to the customer or their representative when we give them a quote or final pricing at the time of pick-up or on the telephone, prior to them actually picking up the order. As the customer, prospective customer, or their representatives are always quoted the $10.00 each price, in advance, before any appointment is scheduled. If anyone just “shows up here” to pick them up without calling us first, then you have been advised, in advanced by way of this paragraph that the price will be $10.00 each, not $8.95 each. Prices can be different for different customers, depending on their location, the time of year, our inventory levels, limitations or many other factors that may not be listed within this disclosure paragraph. This is why when a customer places an order with our company, they are quoted a total price up front; then they can either accept, or reject that $10.00 price at the time they are discussing the order with our company representative via. telephone. But clearly if the customer accepts the price as quoted, the proof of said acceptance is that the customer is physically sending us a check and writing or authorizing that check to be sent to our company.

Changing Shipping Time Period(s), Going on Vacation Risks and Shipping Time Period Policy

Unfortunately once we select or discuss a shipping time period for your order, it cannot be changed for any reason. We have this policy because we ship in bulk and if we allowed people to change shipping dates or shipping time periods, they would be constant changes every day because everyone has different “life situations” that can frequently change, such as unexpected travel plans, vacations, surgery, medical reasons, death in the family, timing to be at a vacation or secondary home, going away on vacation dates, and many other reasons that can be given as to why a shipping date or time period needs to change, but we cannot honor those requests due to the fact that we ship in bulk. Therefore, if you know that you are going to go away on vacation, then you should not order any product or send us any money until after you return home from your vacation. If you know you are going to be away on vacation, or have to go out town, have a death in the family, need to have any kind of surgery, if there is any kind of sickness or any other many possible life situations that arise, then you will need to arrange for your someone (your neighbor, significant other, friend, family member, or some other trusted person) to go and immediately retrieve the plants for you at the primary residential shipping address you provided us with. That person will need to immediately open the box(es), take out the product, soak the roots in water for at least one hour, and then put them outside on the ground and pack peat moss all around the roots, then keep the peat moss wet until you return. This is called temporarily “healing them in” to hold them (outside only) for a limited time, until you are able to plant them properly according to our planting instructions included with the shipment and also available 24/7 here on our website. Now, if this is being done in the middle of summer, of course they need to be placed in a shady area outside of the sun and they can hold nicely to give you more flexibility with planting time. If not, someone can just plant them for you in pots with a mixture of 50% course grade masonry sand and 50% peat moss only, until you can get them planted in the ground. We cannot delay any shipment of any orders for any reason, as we ship in bulk, and when orders are scheduled to be shipped we will ship the product in good faith.

Missing Product Policy and Three (3) Day Time Limitation for All Claims

We have this fair policy because some people contact us weeks, months or even a year, or more later, and try to claim that they are missing product they paid for. For example, they call or write us out of the blue, and say something like “I ordered and paid for 10, but I only received 8” and so on, and so forth. If this is the case, and you are actually missing any amount of product from our company, then you must immediately speak up, and say something about it within three (3) days from the official “delivered” USPS date of your shipment by submitting a formal claim in writing via the “Contact Us” section of this official website. We must be notified in writing via. this method within three (3) days of the actual delivery date of your shipment which in turn is actually the legal date for when it was actually received. For the purposes of this policy we would like to define the language…. “your receipt of the shipment” …that means the exact date in which the United States Postal Service (USPS) actually delivered the shipment to the shipping address that you provided us with when you originally mailed in your payment. We have established this fair, within three (3) days after your shipment has been delivered notification requirement, because, in reality, if a customer receives their shipment, and they are actually missing product, most people would agree that the normal reaction would be to immediately notify our company, and not wait longer than three (3) days after product was delivered to notify or contact us. There is just no acceptable excuse as to why someone would receive the shipment, plant everything, and then wait weeks or months to say they are missing something. That just makes no sense. The reason that many people try this is because time passes and then for whatever reason on their end, a plant or two ends up dying and they know that we are not going to replace it because of our policies, so they come up with a strategy to try and claim they were missing something because they believe that is their only chance which is why they come up with these kind of claims. But seriously, if you are ever missing something, you should notify us immediately in writing via. e-mail through the “Contact Us” form on this official website which is available to you 24 hours a day, 7 days a week, and then, immediately after you click the submit button, you should immediately pick up the phone and call us to verbally notify us of your submitted claim which is in writing, that explains your missing product claim in detail. After such time, you should verify with us that your written notification was received, and if in fact it was time-stamped within the limited three (3) day window of time from the exact date and time your product was delivered by the USPS. We decide these cases on a case-by-case basis after a full investigation takes place by our company, who reserves thirty (30) days to complete a formal investigation. But please be advised that we now deny your claim if three (3) days have passed since the exact date and time in which your shipment was delivered by the USPS to the address you provided us with when you placed your order and mailed in your payment. By way of this policy, we are not legally required or obligated to send any type of replacements, additional product, or any type of refund or partial-refund check if any missing product claims are made after this limited, yet reasonable and fair three (3) day time limit window. If you fail to notify us within the three (3) day limit, as described above in great detail, then it is the fault of you, the customer for failing to notify us within a timely manner. This time limit shall also apply to any other issues with the shipment.

No Refunds, Refusing Shipments and No Returns Policy

Except as otherwise provided or required by law, we do not refund any money once an order is placed in any form, either verbally or in writing with our company or with placed with any of our representatives once the short three (3) day time window has passed, since the exact date and time the order was verbally or otherwise placed with our company. Our plants, products or merchandise can not and shall not be refused by the customer or anyone else, and they can not and shall not be returned, shipped back or physically “brought back” to us in any form, without first obtaining our formal written consent by an authorized Managing Member of our company. In all cases the product or merchandise can not be refused or returned after they have been shipped, delivered, accepted, processed, improperly stored, planted or otherwise treated, modified or used in any way. If any customer takes it upon themselves to return or attempts to return, refuse, physically bring back, or ship back any plants, products or merchandise to us, without first obtaining our express written consent and approval, then that customer shall be giving up all legal rights and ownership of said plants, product or merchandise, which shall be immediately destroyed and discarded by our company. Be advised that our company will not and shall not then be responsible to re-ship any product, replace product, exchange product, send or ship replacement plants or re-ship or re-send any other merchandise or product back to you, the customer. We shall also not be responsible to send you any form of refund or partial refund if you take it upon yourself to ship back, refuse, physically bring back or return any merchandise, plants or products back to us without first obtaining our written authorization and full consent. Let it be known that we keep all receipts and proofs of shipment to prove the merchandise or product was in fact shipped in good faith to the customer. Because most of these orders involve live plants, we will not and can not accept any of them back once they are shipped to the customer. This policy shall also include instances where the United States Postal Service (USPS) may return product to us because for whatever reason, including but not limited to, if you left it sitting at the post office without picking it up in a timely manner. Also, let it be documented that we do not accept or allow any form of product exchanges. Once you have received product, you cannot exchange or return any portion of it for any reason.

Good Faith Deposit (GDF) Policy and GFD Time Limitations Disclosure

Some of our customers opt to put down or pay some type of advance good faith deposit(s) (GFD) confirming not only the order that they placed or are formally placing with our company, but to also lock in the order so that we can immediately reserve, flag and or tag the product(s) for the customer. Let it be known that any and all deposits, including any good faith deposits (GFD) are non-refundable and must be used or applied within ninety (90) days from the date on the GFD check. Our company cannot and shall not "carry forward" or hold-up your order(s) longer than 90 days. If for whatever reason, the customer is not responsive, does not return our telephone calls, voicemail message(s), tex message(s) or does not physically pick-up 100% of their whole entire order (as it was initially placed) with our company, and or refuses to pay for total shipment, and or refuses to pick-up of the entire order as it was placed with our company within the ninety (90) day limited time period, then the customer(s) shall completely lose and give up 100% of their good faith deposit that was sent to, mailed to, or physically given to our company. We created this good faith deposit policy to make certain that customers do not use good faith deposits (GFD) to "hold-up” orders for longer than 90 days, and so that customers cannot “cut” and or reduce any aspects of the order after the original order is placed. Customers must accept, and or pick up 100% of their order prior to the expiration of this strict 90 day time limit. Unfortunately, there are many "life situations" and sometimes unfortunate things happen such as sickness, health situations, accidents, death, loss of property, relocation, or any other reasons; but if this is the case, then the customer shall lose 100% of any good faith deposit on the 91st day after the date the check was received. Just to be clear, received is being defined as from the day the funds cleared your bank account. We are under no legal or other obligation to put you on “final notice” in writing, and we shall also be under no obligation to call you to advise you that “you are about to lose your good faith deposit (GDF) as this public legal notice serves that purpose. It is your responsibility to keep track of the 90 day GFD time limit discussed above, and we cannot and shall not chase people and or constantly remind them that they are getting close to our 90 day expiration period. Ninety days is more than enough time for someone to get their business in order and pick-up 100% of their entire order as it was originally placed with our company as memorialized by date and time stamps on telephone records. Note that good faith deposits cannot be applied to any changed or altered partial orders. As any good faith deposit shall be applied to only 100% of entire original order as placed. We can not and shall not apply good faith deposits to only a portion, or reduced portion of the original order as it was placed with our company. The customer must complete, pay for and accept 100% of their entire original order as it was initially placed with our company. For example, if someone orders 1,000 plants, and sends us a good faith deposit for $1,000 then it is applied to the $10,000 cost and a balance of $9,000 shall be owed. The customer cannot contact or call us after the original order was placed and ask that their $1,000 be applied to a reduced order of just 500. Once again, if you allow this ninety (90) day time limit to expire, then it’s on you, and you will lose your good faith deposit. Be advised that if you schedule a pick-up appointment with our company, and then, for whatever reason, you do not show up on that specific scheduled day and time, you will lose 100% of your good faith deposit. No exceptions. You should always have a backup plan place incase the truck, trailer or vehicle you are driving breaks down or has any kind of issues. Leaving us a voicemail message, or sending us an e-mail or text message within hours just before your scheduled appointment date and time does not count as “canceling an appointment” as that is not the way to professionally cancel an appointment. We expect to receive at least 48 hours notice in writing, and we must formally agree in writing to any such cancellation in advance. But once again, to be crystal clear, you must pick up, and or accept shipment of 100% of the product you originally ordered with our company; on the exact day and time you scheduled your appointment, or you will lose your good faith deposit. There is a good reason why we have this “loss of security deposit policy” and that is in part because your order may be prepared in advance and a significant amount of time can possibly go into preparing your order; and our time is valuable not just with an order preparation but also on the telephone once an order is placed, we often invest a significant amount of time providing free consulting work with the customer. This is also a common and fair business policy within our industry. It should also be stated that when someone places a good faith deposit on an order, that order can be often prepared for the customer in advance and our company has time invested in the order and it’s preparation, therefore, if anyone comes to our place of business and interferes with the product pick-up or loading process, harasses us, or conducts themselves in any kind of behavior that interferes with the loading or pick-up process, then our company reserves the right to cancel the order and keep the good faith deposit if the customer interferes with or attempt to stall the pick-up process. We have this policy because our time is valuable and we have a zero tolerance policy for any kind of nonsense. So be advised in advance, that when you send in a good faith deposit with our company that we invested and already have invested time in preparing your order for pick-up therefore if there are any kind of obstructions or interference to that process, you risk losing your good faith deposit, and it shall not be applied to compensate us for our lost time and for preparing the order, reserving the product and applied to a $500 inventory re-stocking fee that we have a right to charge, as well as for our time to be billed at $500 per hour.

Out-of-Stock Items, Inventory Shortages, Partial-Shipment Delays

Please let it be known that from time to time, especially when it comes to raspberry, blackberry and or any other kind of berry plants that we advertise or carry, there can and may be possible shortages within our inventory, in that we may be only to ship part of your order, and the other part may be delayed until the items are restocked again. This rarely happens, but it can happen due to various different reasons. If this happens, you will be notified via telephone that only part of your order has been, or will be shipped, and that the other remaining product due will be shipped at a mutually agreed upon future time period. We do not issue any form of partial refunds, or refund any amount of money for these situations. But we will always ship the owed product and make good on shipping said “owed product” to you when it is back in stock again. This is also a common industry practice.

Sickness, Hospitalization and Death of Customer Policy

Let it be known that should any customer place an order with our company and die before receiving said order, and or die when the product is delivered and the product in turn dies because it was not planted due to death or sickness, that we shall not be responsible to send any replacement product; and we shall not be responsible to return or refund any money paid by our customer to any members of the deceased customers estate. We did not want to create such a policy as this one, but over the years, this has unfortunately happened a number of times, where an older individual places an order with our company, mails in a check, and then passes away either before the product is received, or the product is delivered and the individual is hospitalized and cannot plant the product. This policy shall also make it clear that if the customer is sick, hospitalized or deceased and we are unaware of that fact and dig or ship the product in good faith, that we shall not be responsible to send any replacement product(s) or responsible to refund any money to the customer who’s responsibility shall be to have a friend, family member, loved one or representative advise us of such situation (in writing only) via the “Contact Us” section of our website at least 48 hours before the product is shipped. Also let it be known that the order cannot be transferred to anyone else other than the original customer who placed and paid for the order.

One Point of Contact Only Policy

We typically define “the customer” as the person who physically calls us and actually places the order with our company. Once that person is established, let it be known that we shall only communicate with that person, who shall be considered, and who we shall consider to be the customer, only for the purpose of communication. There shall be only one (1) point of contact with our company, which shall be defined as the customer; again, the person who actually placed the order. Some customers have their husbands, wives, partners, girlfriends, friends, interns, secretaries, assistants or others persons attempt to contact us to discuss their order. This can often lead to confusion and miscommunication, therefore it shall not be permitted. We will not speak with, communicate with or deal with anyone else, other than the customer who placed the order with our company. You “the customer” cannot have anyone else call us to speak on your behalf unless it your attorney. Let it also be known by way of this policy, that we do not allow conference calls where multiple people are on the telephone speaking to us at one time. Only one (1) person, that is you, the customer, can be on the phone speaking to us at any given time, and we do not allow and kind of conference calls with multiple people speaking at once. If you claim that you are calling on behalf of an older individual, then that individual should be declared legally incompetent and you should be their guardian ad litem and be able to provide us with court documents that show that clearly prove the same. Otherwise, we shall not speak with anyone other than the customer. If someone is legally competent enough to have a telephone conversation, and legally competent to mail us a check, money order or other form of non-cash payment, than clearly the person is competent enough to have a telephone conversation with us without interference from anyone else. This sometimes happens when an older person places an order with our company and then time goes by and then they forget exactly what they ordered, then they call to fight with us and one of their children get on the phone to try and argue with us for one reason or another. If this is the case, then you should have a 104 competency hearing with the court and have your parent legally declared incompetent and remove access to all funds including but not limited to their checking account and other financial assets and come their guardian ad litem.

Customer Competency Policy

Be advised that if you have an elderly parent or loved one who calls us to place an order, or any other kind of special needs person, that a persons competency is always assumed by our company and it is your responsibility to make sure that any person who is not competent or that has any kind of special needs or mental disability does not contact our company or place any kind of order. Once an order is placed with our company and payment is made we shall not refund any order for any related claims. If anyone attempt to make such a claim then we shall file a motion with the court to have your guardianship revoked by the court since you are clearly not doing your job correctly by keeping a proper eye on said individuals by allowing them to contact our company and place any kind of order. All guardians or minors, elderly, mentally challenged or incompetent individuals must take responsibility as we are not in a legal position to determine competency over a telephone, email, in person or via text message. Let it be clearly known that a persons competency is always assumed by our company, staff, interns, employees, Managing Members and any other representatives of our company. If anyone attempts to claim incompetence then it is agreed that a 104 competency hearing shall be held and the burden of proof, costs and expert fees shall be borne by the customer who is claiming mental incompetence. If you are a guardian of someone who has any kind of mental incompetence and that person calls us, places and order with our company and mails us a check or other form of payment, and you try to claim incompetence then we reserve the right to file a motion to have you removed as guardian ad litem of that person.

Automatic Check Payment, Instant Payment and Electronic Checks Payment Policy - Incorrect Shipping Address Issues Caused by Customers Failure to Update Their Address on Check

It is well known that we only accept a check by mail as payment. For those of you who decide to log into your bank account via your mobile phone, computer or any other device, before you do so, please be reminded of the following. Make sure that your current physical primary residential shipping address is in fact the correct address that is listed on the check before you have it sent to us. It is your responsibility to make sure that your old mailing address or any “other old address” is not accidentally listed on your check. If we ship the product in good faith to the address listed on your check, and it is your old address, or any another address, then you shall be held responsible for your mistake, as you should have taken the time to update and correct any old addresses information with your bank and made certain that only your current address and the correct shipping address is clearly listed on your check. We shall not replace or reship any product, or provide any form of refund for any issues with the address being wrong, incorrect or outdated on your check, as you should have taken the time to correct and or update your address before you clicked out the automatic check to send it to our company. So before you send us a check or have a check sent to us by your financial institution, make sure that you take the time to update to the correct current shipping address on your check. No matter how many times we say this, so many people simply don’t take the time to update their address with their bank. Then they try to blame us for shipping to the wrong address. Once again, please take the time to double-check that your current address is accurately reflected on your check. If it’s wrong, then that’s your mistake, not ours. This is yet another example of how some people are careless and or just lazy, and they don’t take the time to update their old address on their checks, and then they try to blame us and say it was our mistake. Learn to take responsibility for your own checking accounts and keep your information updated.

Check or Money Order Notes and Memo Policy

Any form or kind of note(s) written on your check, money order, or any other form of payment to our company is not legally binding. One party may not unilaterally change the terms of payment, or try to get around our terms and conditions policies by doing making any kind of notations on your check, or any other form of payment(s) as mentioned above. There is a common myth that the memo line on a check, cashiers check, or money order has legal force. It does not. It is just for your own personal reference and informational purposes. It does not and shall not legally bind our company (the recipient) in any way shape or form. Therefore, let it be known that we shall not be legally bound by anything that is written on the check memo line, money order notes, or any other form of payment comments, notes, memos, writings, or any portion, or area of your check, or money order payment. It does not matter where it is written. All funds are accepted and deposited by our company, based only on our terms and conditions as clearly set forth on this section of our official company website. Let it be known that the person who is opening, handling and or depositing our checks, money orders or any other form of customer payment does not read or look at the memo section or any other section of any checks, money orders or any other form of payment. But said person simply totals the checks, money orders or other form of payment, and stamp endorses the back of the check, money order, cashers check or other form of payment with our official company endorsement stamp that also directly references these terms and conditions. Be advised that regardless of what is written or may be written on any check, money order or any other form of payment you are still legally bound by all of our company policies as clearly set forth in this legal section of our official company website.

Incorrect Payment Policy

Let it be known that if we quote you a total amount due for any order you are placing with our company, and if you mail in any partial payment which is less than the actual quoted amount for your order, that we shall hold your order in good faith, until you mail us another check payment for any outstanding balance owed; or, at our choice, we can elect to ship you a reduced amount product on a pro-rated basis to equal the amount of actual product you have paid for with your check of any incorrect amount. For example, if you order 50 two year-old plants and are quoted $497.56 and mail us a check for only $417.56, that means you would still owe us another $80 because that was the original amount you were quoted and your order will not be shipped until you mail us an additional check for $80 to pay the total amount; or we can elect to ship you just the total amount of product you have paid for in this example, which in this case example, in reality, the customer only paid for 42 plants, not 50 plants. Because the original quoted amount of $497.56 divided by 50 comes out to $9.95 per plant with shipping and handling fees included. But in this example, only $417.56 was paid, which was not and is not the quoted amount due, it is still short by $80. So we may elect to only ship you the amount of product you actually paid for, so we would take the $417.56 and divide it by $9.95 per plant, which comes to just 42 plants, which in reality is what the customer in this case has actually paid for in this example. Therefore, if you, the customer refuse to mail in the $80 difference (or any difference) you shorted our company, we can and may elect to ship you, the customer, just the plants they actually have paid for, which again is 42 plants not 50 plants. However, if the customer mails us an additional check for $80 shortage within ten (10) days, then the total amount of the order as originally quoted shall in fact be fully shipped, which in this example is a total of 50 plants. No customer can short our company funds, and then demand we ship the entire order of 50 plants, because in this case, they customer did not pay for 50 plants, they only paid for 42 plants.

Prices, U-Pick Terms, Picking and Activity Fee Policy

All prices are subject to change without notice and cancels any previous prices of any kind. This applies to both pick-up and mail orders. During the summer season, we advertise u-pick and have established a minimum non-refundable fee of $30. This non-refundable fee does not just include the price of the up to 12 pints of fruit that customers are provided with the opportunity to pick, but the majority of customers consider this to be an "agritourism activity" and, as such, we are incorporating an activity fee within in that "minimum of $30" price that allows consumers to not only pick up to 12 pints of fruit, if they so choose, but to also: 1) to enjoy limited use of our picnic areas along the creek that lines the forest 2) take photos with next to tractors or other related equipment, 3) enjoy a nature walk along the beautiful forest surrounding the property 4) limited use the front lawn grass area for light recreation 5) limited use of the seating area in the back of the white building. Let it also be known that at no time do we ever guarantee "fruit volume" but we do guarantee some fruit that will allow customers to pick or harvest fruit to "enjoy the experience" of the "activity" in which the customer is paying to experience. Said "$30 minimum" fee is non-refundable for any reason, including but not limited to, weather changes, sickness or any other reason. It can take some time to pick up to 12 pints, depending on the volume and the picking speed of the individual. Therefore, we never guarantee a "picking time" or "time required to pick" since it can vary. Empty pints cannot be returned for a "credit" or refund of any kind once the $30 is paid. This is made clear on the formal “notice signs” which are posted clearly on the corn crib, fruit stand or welcome shed where the pints are issued to the customers. We keep photographs on file of these notice signs. Please be aware and keep away from all tractors or farm machinery while in use. We are a working farm and our machines can possibly be active continuously throughout the day. All bags, containers, packages, baby strollers, etc. are subject to search at any time. There will be no unauthorized vehicles permitted in the fields. DFF reserves the right to remove guests from our fields or property at any time. This especially applies if any guests become disruptive. There are no refunds due to weather, including but not limited to being too hot, pop-up thunder storms, fog or any other weather condition. Your purchase of pints is only good for that day. You cannot bring back any empty remaining pint containers to pick another day. All activities are subject to change, including but not limited to u-pick activities, due to weather conditions without notice. This farm is a smoke free environment. There is no smoking in the fields, market(s), fruit stand(s), tented areas or any other area of the property.

U-Pick Customer and Visitor Liability and Vehicle Damage Policy

When you are at any of our properties, you, your children, relatives, friends, guests or anyone else that you bring, are all here at your own risk. The terms of a law enacted on January 18, 1998 clearly provides civil liability immunity to farmers for “pick your own operations” and the law NJSA 2A:42A-10 reads in part, that no owner of farm land should have a duty to protect a person invited onto the land for (u-pick) from the risks or hazards that are inherent characteristics of the land. The law holds that the owner (farmer) “shall not be liable if such a person invited onto the land is injured.” Therefore, we shall apply this and other statutes in the event of any tort claim. Note our other policies covered in this terms and conditions section that also discuss activities at our farm, not just for fruit picking, but any other activities as well, including the picking up of product. Be advised that there are many risks associated with visiting our operation and so if you come to any of our properties you fully accept any and all of those risks. These risks include but are not limited to bee stings, wildlife risks and all other risks associated with being on the property. Kayaking is also at your own risk. Let it be know that we are not responsible for any kind of vehicle damage, trailer damage, or any other forms of damage, and that by bringing your vehicle onto our property you do so at your own risk of that vehicle being damaged. Our company shall also not be responsible for any of your lost or stolen property. Furthermore, let it be stated clearly and clarified that if you choose to bring your own kayak, canoe or any other form of flotation devices, or any other types of personal property items that there is a risk that they can be damaged and or stolen, because is it impossible for us to monitor such things. Therefore know that we shall not be responsibility for the loss, theft or damage of any of the above mentioned personal property items that you may bring onto our property. We recommend that you always stay within sight of your personal property items and that you bring such items onto our property at your own risk.

Pet Policy

Our company certainly understands that your pet is part of your family and many of our customers like to bring their pets with them to the farm. We welcome any pet as long as they are leashed at all times and well behaved; and that they don’t bother any other other customers. Their owners shall immediately pick-up and clean-up any poo poo mess made by the pet. You must take any feces with you in a plastic bag and cannot throw it in our woods, forest or leave it any of our fields. Please let it be known that pets are not allowed in any of the picking areas. All pets must be kept only on the roads or along the forest area in the back of our specific u-pick fields. Please known that we fully reserve the right to refuse entrance to any pet at any time, for any reason we feel justified. Especially if we have other customers who may feel intimidated or afraid of your large dog. Our goal is to keep this an environment where everyone feels comfortable, safe and can relax to enjoy the day. Also, if your dog or any other type of pet bites or scratches anyone, you shall be held fully liable for any damages. Note that you should be in control of your pet at all times on the property and should your pet get hit or run over by a motor vehicle of any kind and get injured or killed as a result, our company shall not be responsible, as we invite pets to our property at the sole risk of their owners, not our company. Note that we do not want anyone to bring any kind of pet and leave them locked in their vehicle as they go to pick or purchase product. If you do so and other customers or persons overreact and break the glass of your vehicle, or damage your vehicle in any way, our company shall not be responsible for any damage to your vehicle or any other items attached, hauled or carried by such vehicle. Yes, there are people who come here and foolishly lock their pets in their vehicles with the windows partially down during hot summer days, then other customers or persons react and it becomes a whole lot of drama of which our company shall not be responsible if you disregard this notice and leave your pet in your vehicle. Just don’t do it. If your dog bites or scratches someone at our place of business, you shall be responsible for any and all medical bills or any other damages. This is why we require that all dogs be on a leash at all times. Because some dogs jump up on people and if your dog does that and accidentally scratches someone or injures someone, then you shall be responsible for all damages. The same thing applies if someone reaches into your vehicle to pet your dog and gets bitten or injured in any way shape or form. You will also be fully responsible for all damages. Again, we love dogs and all kinds of animals, but these things can happen, which is why if you have concerns, you should leave your pet at home when you come to pick or pick-up product at our place of business. If your pet causes any damage to our property then you shall be responsible for any and all repairs or replacements this includes our lawn, grass and landscaping areas.

Photo and Video Policy

Please let it be known that that very second that you, your guests or your vehicle enters any of our private properties that we fully reserve the legal right to take photos and or videos of you, your vehicle, and or anyone else who is with you, since this this is our private property. We intend to use and publish such photos and or videos as a part of our marketing, public relations, promotions and or postings on any of our website(s) or various social media accounts. Photos of you, your guests and or your vehicle(s) may be immediately posted on our social media accounts as well as any of our websites. And of course yes, we welcome all photographers and or social media influencers to take pictures or videos once they get our formal written permission to do so, but please be aware that should any photographer(s), blogger(s), customer(s), client(s), visitor(s), guest(s) or social media influencer(s) post a photo or video of any kind on any kind or type on public website, social media, blog or any other types of media, we shall interpret such public publication as permission for us to use that or any other photo(s) or video(s) in for our advertising, marketing, public relations, etc. Be advised that if you take any photos or videos at any of our farm or other properties, that you are giving our company permission and rights to use and republish any such photos or videos. All persons should also be aware that our company often takes both pictures and videos of our customers, clients, guests, visitors and or their vehicles on a frequent basis for our own use as part of own marketing purposes; and that by allowing yourself, your guests, your children, your vehicle or any ones else to be photographed or video recorded, by way of your physically entering onto our private property, you are doing so with the full knowledge and consent for us to use your image, likeness, brand, vehicle in our marketing, public relations, website or any other media. This also includes if someone “tags” you, your children, your guests or your vehicle in any photos or videos. This is an agreement and formal notice for us to have legal right to use your photos or videos, or photos or videos of you and or your guests, your children and or your vehicle the very second you post any of them online, drive onto our private property, or if someone tags you in any photos or videos, once again, we then immediately reserve the right to use any them as mentioned above. If you do not consent to this or any other policy, then you and or your vehicle should not enter onto any of our private properties, or if you are on our private property now, and you do not consent, then you are hereby requested to immediately leave our private property, since we reserve all rights to photo and video on all of our customers and their guests and or vehicles without any restrictions or limits of any kind. Once again, while anyone is physically on or at any of our private properties, then everyone needs to respect these terms and conditions as clearly set forth in in this section of our official company website.

Video or Audio Taping Staff Policy and No Flying Drones Policy

Please be advised in writing that our farmer(s), owner(s), managing member(s), intern(s), staff or anyone else affiliated with our company does not consent to being photographed, video taped or audio recorded while you are physically on our private property. If anyone is caught video taping, audio taping or taking photos, videos or audio without our consent, we fully reserve the right to seek civil monetary damages since not only does this terms and conditions section make this policy clear, but also at the entrance to every gate of our property there is a large “Notice” sign with reference to these policies advising persons not to enter if they do not consent to such terms. Under federal law, you can take photos and or videos of anyone on public property, and on private property, but only if the owner doesn't post restrictions and or state objection to the same; but by way of this paragraph and publicly posted policy, we are hereby formally posting restrictions. Let it be known that while you are on any of our private properties that we legally have a “reasonable expectation of privacy” and when you are physically on any of our privately owned properties. No one has our permission to take any photos or videos of our staff, the owner, or any representative of our company. Again, this includes, but is not limited to the owners or any other persons affiliated with our company. And this especially applies to any video or photo taking of the owner, with or without the intent to harass. Public property is fair game for anyone to take photos or videos. However, our private property is not public property. The owner of our private property, legally controls whether you can take videos or pictures while on our private property. You must get our written permission first, before you can take any videos or photos on any of our properties. The owner has the legal right to immediately ask you to leave the property if you take pictures or videos of him without permission; and if you refuse to leave, you can be charged and or arrested for criminal trespass. Let it be documented by way of this policy that if you or any of your representatives come to pick up an order and attempt to video the owner of any of our company representatives, that it shall be considered harassment, and also violate our right to privacy on our private property. You can be ordered to pay damages in a criminal or civil lawsuit against you or may even face jail time, or a hefty fine. So, if anyone comes to our place of business and records the owner or any of our representatives without our consent, it shall be considered harassment, and a gross infringement on our privacy since once again, our land is private (not public) property. We reserve the right to initiate a civil and or criminal lawsuit against anyone who violates this policy that is clearly set forth; and such individual shall be responsible to pay for all damages including all of our attorney fees, expert costs, court reporters, transcript costs, and all other court costs. This policy also applies to drones. We do not allow any kind of drones on our property, or to fly above or around our property. You do not have our permission to take any photos or videos with any kind of drone or any other device. Let it be known that we fully reserve the right to destroy any drone on our property or flying over our property. We shall not be responsibility to pay anyone for the cost of the drone or any other device. Furthermore, anyone flying a drone over our property will be in direct violation of FAA regulations, and will be breaking federal law since we are literally right down the road from an airport, and drones cannot legally fly within 5 to 7 miles of a our local airport without formal prior FAA approval. Anyone caught with a drone or with drone footage shall be reported to the FAA and just know that the fines are not hundreds of dollars, but thousands of dollars. Be advised that we are only about 2 miles from the airport, so anyone flying a drone here will have serious legal issues with our regional FAA representative who we already have spoken with. Our company has his phone number available and he said to call him as soon as we see a drone and he will deploy one of his field reps to take down the drone and criminally charge the person flying the drone. He said that only commercial licensed and FAA approved drone operators can fly within this close proximity to our local airport and that military, medical, state police and other helicopters also fly in and out of our local airport and that the FAA regional reps are very concerned with any illegal drones flying within 5 miles of our local airport. We also shall file civil litigation against you for violating our reasonable expectation of privacy on our private property and seek damages according.

Public Policy Postings, Entrance and On-Site Notice Signs Policy

A direct reference to and formal physical public notice of our company policies, terms and conditions are publicly posted at the entrance of every single entrance gate at our pick-up location. 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 and given out with every customer order. Notices on each and every one of our entrance gates make clear and conspicuous reference to our company policies and advise customers or consumers not to cross or enter properly unless they accept any and all of our policies as clearly disclosed on this company policy page. All of our farm, nursery or farmer consultant hours are strictly by appointment only. Please call (609) 561-5905 to schedule an appoiment first before you drive all the way out to any of our locations. We will try our best to serve any consumers or prospective customers who may arrive without an appointment, but, please know in advance, that unless you formally schedule an appointment with us, we cannot guarantee that you will receive service or assistance. If we can provide service to you, then you may have to wait until the farmer completes his already scheduled tasks and/or finishes helping a previous customer on the property or on the telephone. Unfortunately, there are some people who just "show up" at one of our properties and then become upset when one of our farmers is not available to speak with them, or that we are "sold out" or "picked out" and then they are upset that they "drove all that way for nothing" well, we do say all over our website, time and time again, that we are BY APPOINTMENT ONLY but, for some reason, some people miss that part for some reason.

Pick-Up Orders, Product Checking and Counting On-Site Policy, Partial Order Policy

If and when a consumer decides to pick up plants or products at our company operation, they are given the full and complete opportunity to inspect, count and verify the exact count of the plants or products loaded into their vehicle(s) or agents, shipper, hauler or representative’s vehicles. Let it be known that the consumer, or their agent, shipper or representative should take the time to count and make absolutely 100% certain that any and all aspects of the order are correct and complete, including but not limited to the exact or correct number and variety of plants. Let it be known that once the customer leaves our farm, nursery or any of our other properties, and pulls out of our driveway onto the public road, from that point forward, we respectfully cannot accept any telephone follow-up calls or any type of claims stating that they were "shorted" plants or were "missing" plants or product of any kind." All customers are reminded, once again, to please be attentive and count the exact number of plants or products as they are being loaded into said vehicle(s), trailers or any other hauling devices. If you send a shipper here to transport your order to your location, we highly recommend that you request your shipper or driver to exit the truck and count the product as it is being loaded into the truck. Any or all "requested re-count" of product must be done before the truck or vehicle leaves our property.

Please let it be known in advance that when a customer, customers agent or customers representative places an order with our company for pick-up, that when the order or product is actually picked-up at any of our locations, if for whatever reason the customer or customers representative “cannot fit all of the product” in their truck, trailer, box truck, car or any other vehicle or transportation device of any kind, that our company cannot allow the customer to reduce the order or convert it to a partial-order or reduce the number or volume of product ordered. For example, if a customer places an order for a total of 100 potted product, but when they arrive at our place of business, can only fit 80 of the potted product in or on their truck, trailer, box truck, car or any other type of transportation device, the customers order cannot and shall not be reduced to 80. The customer must take, accept and fully pay for all 100 of the potted or non-potted product they ordered. We have this policy because before a customer, customers shipper, customers hauler, or customers representative comes to our place of business, they should make sure they are bringing a truck, trailer, box truck, or transportation vehicle that is large enough to accommodate the entirety of the order they placed. When a customer places an order, we immediately reserve that product, plus we invest the time in preparing said product for pick-up according to these terms and conditions. Therefore, the customer must pay for 100% of the product that was ordered by them or their representatives before leaving the property.

Customers or customers representatives may not take only a portion of the product and have any deposits applied to said portion of product, but instead customer must take, accept and fully pay for the entire order they placed, or product cannot leave the property. Once an order is placed with our company, for pick-up or mail order, it cannot be changed unless that change is made three (3) days from when the actual order is placed. After the short three (3) day period passes, the order cannot be changed. This of course applies to all pick-up and mail orders and is discussed in other portions of these terms and conditions. Overall, a customer should make certain to bring a large enough vehicle, truck, trailer, box truck or transportation device when they come to pick-up their order so they don’t run into this issue.

Security Cameras, Video Cameras, Tractors and Creek Policy

Due to the volume of people that we can potentially have visiting our u-pick farm or nursery, we had no choice but to install various video security cameras and other devices to preserve all activity on the property, both at night at during daytime business hours. Be advised that all activity on the property is being lawfully recorded. Please do not load any items, products or merchandise into your vehicle unless you have first had the consent from one of our farmers. 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 and to watch children at all times. All activities at our farm are at your own risk. Photos of children standing next to our tractors or farm equipment is permitted only with a parent, guardian or caretakers. Please do not let children climb on any tractors or any farm equipment. Tractors outside are for display only and we do not invite anyone to climb up on them. You may certainly take photos next to the tractors with your family, but not physically on them. This is a working operation, so sometimes a key can be left in the tractors or farm equipment at any given time; and we wish to first make certain that all tractor or equipment keys are removed and that the tractor is not "in gear" before anyone gets on it for the purposes of taking photos. The same applies for farm trucks, vans and other vehicles on the property, many times is the case that we leave the keys in the ignition so we don't lose them, and because we have lots of different types of security cameras on the property, so we wish to make everyone aware of that, in advance, so that they do not allow their children to enter any trucks, vans or other farm vehicles sitting along side the fields, driveways or any other areas.

Creek and Nature Trails Risk Disclosures, Kayaking and No Fires Permitted Notice

Yes we now allow swimming in designated areas of the creek, but both swimming and kayaking are at your own risk. Parents must constantly supervise all children, elderly and all of your other guests while they are in or around the creek. This also includes kayaking. No children are permitted to swim, walk or wade in the creek in the back of our property without constant parent or guardian supervision. Parents, guardians and or caretakers are fully responsible to make certain that children do not go near the creek waters unattended. We request that no one touch any of the kayaks that may be behind the property. No one is permitted to launch them into the creek without completing a formal agreement and release of liability that all users will be required to sign prior to participating kayaking through the forest. The kayaks are only for those persons who sign a formal legal release document. Camp fire pits along the creek are also not intended for public or customer use. Do not light any fires of any kind. If you, your children or guests intentionally or accidentally light any kind of fire of any kind, then you shall be personally financially responsible for any and all damages to this or any other properties, including but not limited to wildlife, persons, vehicles or any other kind of persons or properties. No one is to cook on the property, or bring or light any kind of grill or cooking devices onto the property due to fire risk, and no fireworks or any other kind of devices that make any kind of spark are permitted on the property.

Plants and Products Replacement Policy

We shall consider replacement plants, merchandise or products only on a strict limited case-by-case basis. Our company respectfully reserves the right to deny replacements of any kind for any reason. However, if we are immediately notified in writing within three (3) days of your receipt of your order delivery (as shown as "delivered" via the tracking number on www.usps.com) that your plants died, arrived dead, arrived with damaged leaves, branches or any other issues having to do with the plants, and we are provided proof that you have followed our written and verbal instructions, we may under those circumstances being met first, offer to replace your plants free of charge, or offer to ship you a couple additional plants at no charge. It shall solely be up to our company managing member to decide if we shall offer any replacement(s) or free additional product to be sent. To be honest, in most cases, we do not replace plants, because we know that they are dug literally just hours before we ship them. We have this firm "must be notified within three (3) days notice" rule in place because if a customer did in fact receive dead, dying or damaged product, one would expect that our company would be immediately notified upon their receipt, and that the customer would not wait days, weeks, months or even years to notify us of the same. We feel this three (3) day rule is more than fair, as it gives customers three days to contact us in writing, to notify us and formally report any issues. After the three (3) days have passed, we shall not consider sending any replacements or additional product. In many cases throughout the year, we send fully or mostly dormant plants to avoid any issues. If the issue involves any failure of the United States Postal Service (USPS) failure to notify or leave proper notice to the customer to pick-up the product, than that responsiblity sits with the USPS, as unfortunately our company cannot control the product or merchandise once it leaves our hands. Please carefully read our below policies, terms and conditions involving shipping, right to ship do dormant product, shippers responsibilities and all associated shipping, handing and any other fees, etc.

Shipping to Islands, Secondary Homes, Cabins, Vacation Homes or Undeveloped Farm Properties

Shipping to any kind or size of island can be very risky. This includes any island within the boarders of the United States, such as Nantucket or Martha's Vineyard, just to give a couple examples. For some reason, islands tend to have complicated or delayed shipping which leads to problems. Therefore, if you knowing provide us with a mailing or shipping address that sends the plants to an island of any kind, you hereby accept any and all risks or any kind since we strongly recommend against it. This also applies to some people who wish to ship plants to their secondary "mountain house" or "beach house" or any other type of secondary home or secondary property where no one actually resides throughout the year. This often leads to problems as there is no one present to immediately give the plants the care and attention they need. Not to mention, often is the case where the plants will arrive at the "secondary home" and no one will realize they have arrived, and they will sit there for many days without any care. Know that our company ships the product in good faith to the address that you the customer provide us with, as such, we have no way of knowing that such address is a secondary home such as a "mountain house" or "beach house" or any other type of vacant land or other type of property where no one resides. If you provide our company with any of these types of addresses, you hereby accept any and all associated risks. Let it also be known that we cannot accommodate "vacation" schedules if you are "going away" as we have too many customers to be able to keep track of everyone's changing schedule, as such we will be shipping in bulk, regardless of any possible changing vacation schedules on your end. If you are going away on vacation, you should not place an order with our company, but rather wait until you return from your vacation and then place your order and send in payment. Otherwise, if you are going away on vacation, you will need to make any necessary accommodations to have a neighbor, friend, family member or someone check your address, daily, to monitor for the arrival of your shipment, and immediately, provide all the necessary care in order to keep the product alive until you return from vacation. In general, you should not provide us with any shipping address where you physically do not live. If we ship the product in good faith, and if for any reason the product gets return to us at some point in the future marked “NMR” which stands for “No Mail Recepticle” or if it gets returned marked “No Such Road” or “No Such Street” or “No Such Location” or comes returned to us with any marketing of any kind, let it be known that we cannot be responsible for the fact that you provided us with a shipping address to some random property in the middle of nowhere, or some property where the United States Postal Service (USPS) does not deliver. We cannot and will not turn around to ship you new additional product and take the loss on the half-dead or dead product that gets returned to us by the USPS. Bottom line, do not provide us with a shipping address of your “mountain home” or your “cabin in the woods” or your “undeveloped new farm property” because if you do we have no way of knowing and will ship the product in good faith to that address which can end up in disaster. Note that we do not have the time or resources to “screen” every single shipping address that is submitted to our company and it should never be stated to our company that we “should have known” not to ship to that address as again, we do not screen or check out the shipping addresses beforehand but rather, we fully rely on the address information you submit to our company.

Shipping Group Orders, Splitting Orders and Clarification of Shipping Methods Policy

The practice of "group orders" or "splitting orders" with your friends, neighbors, relatives, co-workers, or anyone else can often become confusing and complicated, therefore we strongly recommend that you not do this. Tt can become confusing when it becomes time to "divide up the order" once you receive it. Not to mention, when customers "split orders" or "order for a friend" or "order for someone else" there is often a disconnect of communication between our company and that "other person(s)" and they may not be fully familiar with you are ordering for them. Overall, "group orders" or anytime a customer "splits an order" with someone else, there ends up being confusion, frustration and complication on both the part of the customer and our company. Therefore, we recommend that you do not place any kind of group order with our company. Please know that if you do, that you will accept any and all risks of delay or risks of there being confusion that our company cannot resolve with all the different people in the group. If you do order for a group, then we will ship the product to only one (1) person who will take responsibility for the entire group, and then take it upon him/herself to divide up the order and answer all questions for all the members of the group. We can only communicate with the actual person that placed the order, as far as our company is concerned, the person who actually placed the order, and sent in the funds is the one (1) and only customer, and not all the various members of the entire group. We would like to take a moment to clarify what exclusive shipper we use for all of our outgoing "mail order" shipments. Please be advised that we only use USPS (United States Postal Service). When speaking to prospects, customers or anyone else on the telephone, we often use the term "USPS" to describe our shipper and or shipping methods. Sometimes people can get confused and think we said "UPS" but, please be advised that we never use FedEx or UPS, but only USPS.

Phytosanitary Certificate and International Orders Policy

We would love to ship outside the United States, but we choose not to because it is a total nightmare of paperwork, inspections and involves a lot of risks. Let it be known that it has always been the responsibility of the customer to obtain a phytosanitary certificate for anything that is being shipped out from any of our operations. If any of our customers decide to "pay us extra" to remove soil from the roots, then we shall do so on a "best efforts basis” and simply cannot and will not guarantee that anything will not be rejected by customs or any type of officials. Our customers are always welcome to hire a third party to process, clean and inspect everything first to guarantee them successful shipment to their destination, especially if the plants are being shipped internationally. The requirements of all countries are all very different. Some countries can hold up the plants until the customer pays a fine in order to get them through customs. This can be a very frustrating, time consuming and costly process, which is exactly why we do not actively advertise or "seek out" doing business internationally. But if a customer comes to us and wishes to do business with our company and accepts any and all of the associated risks as outlined in this policy, we may entertain doing a business deal together. Just know the risks as we have disclosed them quite clearly, here on this page within this very clear policy. If there is ever a problem, you risk losing your good faith deposit, payment for any international orders. They are very risky and often come with complications of which you hereby accept if you place an international order of any kind with our company. Lastly, we would like to add that there are some people who buy plants from our company without telling us that their intention is to take them overseas, and then they wrap them up and put them in their suitcase. Let it be clear that we are not encouraging this practice by any means, but we have no way of knowing what a person is going to do after they make a purchase with our company. Just know that if you get to an airport and they demand paperwork, that we told you via this paragraph that we are not going to get involved with that process, and you should have never attempted to take anything out of the country for this reason. This is one of the reasons why we have customers not only all across the country, but all over the world, because people make a purchase from us and then take them outside the country, only to later send us pictures of their great success. Again, by way of this paragraph and policy, we instruct you to follow the law and the rules, and to not try to take anything outside of the country without following the proper procedures. And you cannot expect us or force us in any way to get involved with those procedures, because we made it very clear that we don’t want anything to do with any international orders. Let it be know that there will be no refunds of any kind if you cannot get the certificate, because again, we told you that we don't want to get involved with any international orders.

Shipping Schedules, Temporary Shipping Delays and Damage During Shipment Policy

We always try to ship our product in the best interest of our customers as well as our plants, products or merchandise. Therefore, when the weather gets too warm or hot, we can sometimes temporarily delay shipping. your order until the weather cools down or warms up. The same thing applies when the weather gets too cold in the winter, and the ground freezes or is partially frozen, or any time there is what we consider to be bad or dangerous shipping weather conditions. Such temporary delayed shipping “hold” time(s) shall be solely determined by our company. Any order on “temporary shipping delay” cannot be canceled beyond the very short three (3) day cancellation period which starts very the second any kind of order is placed with our company (either verbally via. telephone or otherwise) because after three (3) days pass, the order immediately becomes a non-cancelation policy issue. However, the plants, product or merchandise will be shipped in good faith to the customer once our company determines that the weather is safe for shipping. Let’s point out that we are talking about a live product here. This temporary shipping delay is also a common practice within our industry, and if necessary, we can reference other companies that have a similar policy in place. So we ask for your patience as we deal with weather as it can affect and delay our shipping timeframe. All plants, product or merchandise will be shipped within a reasonable amount of time, given weather conditions and other busy times of year, in which it is actually received by our company (the word "received" is defined as when your funds are not only deposited into our bank account, but when 100% of the funds have actually fully cleared our company bank account and are made available to us) unless a later shipping date or "shipping time period" is verbally agreed upon with the customer, which we will clearly document on your order card to match up with our telephone records. We also reserve the right to record the call to document and memorialize these verbal agreements for our files. Please be aware, in advance, that we now have methods in place to preserve the exact date, time and content of those telephone conversations when "a future shipping date or time period" is or was agreed upon with the customer, so that such conversations can and will match up with our telephone records. Customers may request a special anticipated delivery date for delivery at a time more distant in the future. This is often the case, as many customers place orders in fall or winter, to be “shipped in the spring” time period. Again, another very common practice in our industry with people ordering this kind of product online. Or sometimes customers may wish to change the product shipment date to accommodate their own personal life schedule(s) or situations. Some customers also place orders in the summer, to be shipped “in the fall” during that planting season when the weather cools down, but they wish to guarantee inventory availability, so they place an order and send in payment during the summer. Speaking of summer, please know that we always reserve the right to ship dormant product during warm late-spring or hot summer months when we feel the shipping temperatures are too high to ship out fully leafed or branched out product. This is in the best interest of the customer and the plants as to protect and preserve the customers investment and to not lose or damage it due to excessive warm, hot or freezing cold temperatures.

We ship using the same carrier as Amazon does, namely the United States Postal Service, otherwise known as USPS. As far as any damages that may and can occur to the plants, product or merchandise during shipment, of if any boxes are crushed, torn, ripped or damaged in any way, the consumer will need to immediately file a damages claim with the United States Postal Service (USPS) in order to recover any damages. Our company shall not assume any responsibility of any kind for any damages since we ship in good faith and put control of the product in the hands of the United States Postal Service (USPS) or other possible carriers. Unfortunately, sometimes certain carriers at the USPS make foolish mistakes, including but not limited to, leaving shipments sitting in the middle of a hot driveway in the middle of warm or hot sunny weather; not immediately notifying customers that their shipment has in fact or did in fact arrive and they let it sit at the post office (USPS) for days before the customer actually realizes they have "been sitting there" for all that time; delivering to a front porch or other area of the customers home the the "customer does not often use" and therefore the customer does not know the boxes have been sitting there all that time without being planted; the USPS fails to notify customers in some way. Unfortunately, we cannot control the USPS and over the years, we have made many phone calls to many regional managers in different parts of the country to do our best to "get their clerks and carriers properly trained" but, there is only so much we can do. It is the responsibility of your local USPS carrier and or Postmaster to get proper notice to you that your plants, products or merchandise has arrived at your local post office. If for any reason, you provide us with a "bad shipping address" and the product is returned for "NMR" or "No Mail Receptacle" we cannot and shall not be responsible to resend you replacement product, as we will ship to the shipping address you provide us with. Furthermore, if your product is returned to us as either "Refused" or "NMR" we shall not be responsible to refund your money or send replacment product. Please make absolute certain that the shipping address you are providing us with is a good shipping address for the United States Postal Service (USPS) to deliver to. Even though we do not use UPS or FedEx, they make many of the same mistakes from what we hear from other companies. We use USPS because they go to more rural locations throughout the country as many of our customers live in an area where UPS and FexEx will not go.

Damage to Our Signs, Fence, Lawn, Grass or Entrance Gates Policy

There are at least three (3) entrance gates to the property address listed on this website, the location where you will be picking up product. Please use only the main 30' foot entrance gate, so that if you or your driver are driving a large vehicle with a trailer, or a tractor trailer truck, that when you make the turn into or out of our gate, that your trailer does not "catch the gate" and bend or break it. This also applies to any of our business signs out by the road, or our "STOP HERE" sign in the main driveway. There are a few inexperienced or careless drivers who have bent, broken or hit our gate, three-rail hose fence, business signs before. Please do not attempt to squeeze into the other 14' foot gates on either side of the property. Those gates are for small cars or pick-up trucks only. Those gates are not intended for any large vehicle pulling a trailer of any kind. Also, if your vehicle, trailer, truck or carrier is too large to fit down the main driveway, please stop where you are, and call our main office before trying to proceed. We will send someone out to move the sign(s) out of the way so you can drive through without taking any chances of doing damage to these very expensive marketing signs. If any damage occurs as a result of any of the above mentioned, we will promptly request your auto insurance policy information and an auto insurance claim shall be immediately placed with your insurance carrier as well as police report made. Guests of this property must be held responsible for any damages they cause on the property. Most damages created are caused by those who are in a hurry and careless acts without using simple common sense. This shall also include damage to any of our hay wagons, fruit stands or any other tractors, vehicles or farm implements on or around the property. If you run over our cones in driveway and or if they get caught between your dual-tire wheels of your truck trailer or any other vehicle, you will be responsible for the cost in replacing the cones.

Organically Grown and Certified Definitions and Clarifications

Let it be known that we grow both conventional and organically grown blueberries; and both conventional and organically grown plants. The words “organically grown” "naturally grown", “naturally”, "natural", “old fashioned”, “organically” and/or “naturally” can mean any number of different things, as all of those words have no official regulated definition. Therefore, we fully reserve the right to define these words, terms, language or meaning of these words, according to our long-time farming and/or growing practices, and/or opinions, that as expert farmers, we believe accurately represent the "natural" or “organically grown” way of growing our berries, plants or products. Let it be known that our fruit, plants and products are not "certified organic" and hence the reason why we never use the words "certified organic" in any of our conversations, marketing or advertising to describe the product or merchandise that we are selling. However, we can and do use it to describe the fact that it is possible, or that we can teach you to grow your own "organic" fruit or your own “organic” plants at home. Furthermore, let it be known to any prospects, customers or any kind of buyers, that we are not "certified organic" and as such, they should not buy any fruit, plants or products from us if they, for whatever reason, require a "certified organic" certification certificate or any other documents or documentation in that regard. If the word "certified" is ever used on this website, social media or in any of our marketing, advertising or in any other form whatsoever, please know that it does not mean "certified organic" but what it does mean is that our plants are “certified” virus and disease free. Please let there be no confusion in this regard. If the word “organic” or “organically grown” appears in any of our marketing or advertising, please know that it is not “certified organic” but that it is by our definition of practices that we believe to be organic and or organically grown. As mentioned above, we grow both organic and conventional. There are countless other online businesses who also use the words “organic”, “organically” “organically grown” and other uses of the word “organic” within the context of their advertising, marketing and wording on their website(s), signage and social media, and yet they are also not “certified organic”, so to be fair and maintain a level playing field, it’s only fair that we be allowed to do the same and or to market our product as “organically grown” along with other descriptions.

Organic and or Organically Grown Practices Disclosure

We have purchased organic soil from a well known supplier in the agricultural industry who’s soil product is clearly marked “OMRI listed” on their invoices and or receipts and is legally approved for organic use. Of course we kept our organic soil purchase receipts on file to demonstrate that we did in fact purchase organic soil, and that yes, it is in fact organic soil being used. As at this time, we have decided not to become "certified organic" because of many complex and costly regulations. In addition, we use other well documented organic pest control methods such as OB “mating disruption” to reduce Oriental beetle populations in our fields and nursery. All receipts for those purchases are also kept on file. We also use a substantial number of pheromone traps and lures that we purchase every year to control Japanese Beetles (JB) and Oriental Beetle (OB) as well, and we also use similar pheromone traps and lures to reduce bug populations to manageable levels without the use of pesticides. As stated above, we keep all receipts on file and archive for all of these purchases and organic practices to clearly prove our use of the same. Now, contrary to what most people believe and realize, there are in fact “organically approved” fungicides, pesticides and other certified organic products that we use and or used. We also have receipts and or other documents to prove our purchases and or use of these organic pesticide or fungicide products. There are several major companies who even sent sales reps to our location and they even gifted us organic approved products to use at no cost, because they wanted us to test and or endorse their product and recommend it to our customers due to our long history of consulting and advising our customers what to buy. It should also be stated that most of the public does not realize the fact that the use of herbicides is actually permitted and not a disqualification, which yes, that does not make any sense to most people, but, it’s true. When you start reading into the rules they actually allow it, because it’s not being applied directly to the plant. Therefore, if the use of herbicides is actually permitted under the rule, and the law, so with this in mind, let it be known by way of this paragraph, that we fully reserve the right to use them, if and when we so choose, because the exact language that was used is that “the plant itself is not being exposed to the prohibited substances” as such it does not disqualify a farmer from using them, and the shocking, but true fact is that yes, farms that use them can still under the law and rule be considered to be organic. Again, few people realize and believe this, but yes, looking at it “though the eyes of a lawyer” it’s true. We have all the exhibits preserved that support these facts, that again, most people don’t realize but if farms are allowed to do this, then why should we be any different. It’s permitted, so we have the right to use it if we so choose, and still be consider to be using proper practices.

Official Misconduct, Selective Enforcement and Continued Coverups

The agriculture industry can be a very dirty business with many secrets that are kept from the public, although well known to public officials who don’t do their jobs to enforce basic laws, because they are trying to protect the image of farmers and protect their brand(s) rather than enforcing basic laws to protect public health, environment and safety. Sadly, there is a lot of inside information that is still being kept from the public, who is being still misled and not fully informed by the fruit industry, supermarkets, produce brokers, farmers and high ranking public officials who are still not adequately informing consumers about the problem with all soft-tissue fruit that they are buying at their local supermarket, grocery store, farm market or roadside fruit stands. This one issue alone directly affects the marketability of any “organic” labeled soft-tissue fruit that is being sold without being adequately tested first. Technically, no infested fruit can be sold to the public. Legally speaking it is not marketable. But rather, all of it should all be discarded and or destroyed by the growers, produce brokers and others in the industry after the tractor trailer loads of this soft-tissue fruit is returned by all the supermarkets and grocery stores. Certain testing should be performed on all certain labeled soft-tissue fruit by using either the salt water test, or boil test, before they can be legally sold. The biggest issue here is that high ranking public officials, major well-known university researchers, experts, research centers, small fruit experts, produce brokers, and farmers all know about the fact that the current certain approved pesticides simply do not even come close to eliminating the ongoing issue with the fruit. The known the efficacy of these certain pesticides are very low according to their own federally funded experts. They all know the risks of the certain bacteria and other health risks associated with the the soft-tissue organic labeled fruit, but yet they continue to allow all this legally unmarketable fruit to be sold to consumers at supermarkets and grocery stories all across America. Even their own federally funded experts from across America agreed that the current organic approved pesticides for this issue are all mostly in the “poor” and “fair” range of efficacy. All this is based on their own rankings of organic insecticide efficacy in nine (9) states, 19 state x crop combinations CA, OR, WA, MI, ME, NY, NJ, NC, GA and FL. Now, as they saw, only one of them, namely the pesticide “Entrust” although with a high ranking of “fair” still does not even come close to reaching the “good” range for efficacy against this major issue. This public coverup is not only unethical, and reaches the level of official misconduct, but it’s criminal for them to allow any kind of soft-tissue fruit to be sold at grocery stores or supermarkets all across America. Again, their own soft-tissue fruit experts have already openly stated and proven a lack of organic pesticide efficacy to fight this major issue. We believe this should be investigated and all such public officials should be removed from their positions and publicly called out for not advising the public on what they are eating. Especially during the peak populations in mid to late summer.

Being old fashioned farmers, we feel that we are already way over-regulated in so many ways on petty things, but yet serious humanitarian and environmental issues that we have advocated for, have been and still are consistently ignored and kept from the public. Many officials selectively enforce and only target certain farms, but knowingly ignore or protect all the ones who are politically connected. These certain officials often "look the other way" for certain farms or farmers depending on how well they are politically connected. The serious issues they should all focus on like stopping illegal practices by “top” major produce brokers leasing various different farms and then unlawfully mixing the fruit from those various farms and packing it all together under one pint label is a clear violation of the USDA Food Safety Modernization Act and traceability laws, as the fruit from each individual farm location needs to be packed separately under it’s own pint label, in it’s own pint and not be mixed in with any other fruit farm any other farms. But yet, numerous corrupt public officials still won't enforce the law and still have not stopped certain major produce brokers from continually mixing and packing fruit from various different farms, all together under one pint label. This is illegal, because if there is ever a problem with the fruit, such as contamination, disease or any other issue, then there is no way of knowing which farm the fruit came from, if the produce brokers farm is packing all that fruit under one generic pint label. Not to mention, the fact that the public is still consuming significant levels of pesticide or fungicide residues left on fruit that is often illegally sprayed just before harvest (especially during seasons with lots of rainy weather), when farmers are trying to prevent fruit rot, so they spray fungicides in the fields just before harvest. But then there are fungicide residue levels that are often beyond the established USDA thresholds. But yet there is no action on that serious issue either because if they ever tested them they would not only find such high pesticide and fungicide residue levels, but they would find something else inside the fruit, that is also not being disclosed to the public. And there is a zero tolerance for what’s actually inside a significant amount of the fruit during the peak of the harvest season when it’s populations and numbers are highest during the mid and late season harvest. Then there is the fact that farm workers are still illegally living and sleeping in farm storage-only pole barn and other types of farm storage-only buildings, not the lawfully required R-2 labor housing dwellings. Plus, the majority of those storage-only buildings have no fire suppression systems of any kind, which currently law requires at least a 30 minute fire suppression system. Public officials still knowingly allow farm workers to live like farm animals in farm storage-only buildings without enforcing basic building code laws, fire safety code laws and the continued massive amounts, in most cases over 2,000 gallons of daily gray water discharges from upwards of 96 farm labor camp locations in just our county alone, and there are over 9,500 farm in our state. These years of migrant farm labor and environmental abuse is yet another example of how various public officials knowingly “look the other way” and “turn a blind eye” due to the power, corrupt political connections intended only to protect the deep secrets of the industry. The majority of farm labor housing camps and their locations have most, if not all of their dirty shower water, dirty kitchen sink water all going either into or onto the ground which not only violates the Clean Water Act but is a also serious a serious violation of the Food Safety Modernization Act and serious concern for food safety and disease with the legally required setbacks from septic systems, septic drainage field beds not being properly set back from where the production of produce is taking place. Such unlawful discharges in most cases are over 2,000 gallons per day from farm labor camp locations with non-permitted septic systems and gray water discharge pipes that were installed illegally. Even the locations that fall under 2,000 per day in discharges are still not being enforced and commercial kitchens are continued to be approved in storage-only buildings where kitchens and shower rooms are not even permitted. These are all very serious health, humanitarian, life hazard safety, food safety and environmental concerns that need immediate attention, but have been overlooked and kept from the proper public attention they deserve. This does not even include mentioning the continued tax assessment fraud for all the labor housing that is tax assessed as farm storage-only buildings when in reality they are used for housing, or the massive amount of insurance fraud due to the fact that these same pole barn farm storage-only buildings are insured as farm storage-only so they can enjoy a greatly reduced insurance premium, when in reality they are being used for farm labor housing. The entire farm labor housing network is severely broken and needs to be fixed, but high ranking public officials continue to commit serious crimes of official misconduct by not enforcing the laws because they are trying to protect the ag industry and their “brand” instead of protecting the lives of farm workers and the environment. It’s time that farm workers are treated as human beings and properly housed in buildings that actually have a Certificate of Occupancy (CO) for human habitation that is taking place in farm storage-only buildings. There should be investigations into all of these above mentioned issues, but then again everyone looks the other way to protect the industry the marketability of it’s produce.

Pick-Your-Own (PYO) and Event or Activities Policy

All events are strictly outdoors-only and are intended to promote the agricultural output of our farm and provide marketing and public relations for the same. They intend to bring positive, meaningful attention to our farm and farmer(s) with farmland still quickly disappearing all across our state at a rapid rate. We must bring more attention to the value of family farms, as well as encouraging children to "know their food" and "know their farmer." Our operation carries forward the legacy and tradition started by our Great-Grandfather over 100 years ago. As for any events, especially weddings, we strongly recommend that you purchase event insurance to protect your investment. We feel that it is critical that you not only purchase event insurance for your wedding or special event, but that you also speak with a licensed NJ insurance agent to make 100% sure that all aspects of your event are fully and completely insured so that you are protected.

Trash being left in the fields or property. Please be sure that your children pick-up any trash, including straws, diapers, beverage cans or plastics of any kind. This type of litter not only is an eye-sore to our beautiful fields, but remember, we have wildlife on the property, and we want to make sure that none of the wildlife ingests any of the plastics or other debris. Also, let it be documented that we do not keep any kind of "lost and found" therefore, any of your personal property items left at our farm shall be immediately discarded after your departure from any of our properties. We shall not be responsible for, or responsible to look for jewelry, prescription glasses, clothing, sunglasses, coolers or any other items that you may accidentally leave in our fields on anywhere on our property.

No parking or driving on the grass. Our lawn and grass are beautiful, well-maintained and expensive. Therefore, please do not park or drive on it. If anyone runs over the grass/lawn, irrigation line(s), sprinkler head(s), then that personal shall be fully financially responsible to replace whatever damages were caused, including but not limited to fixing any "tire ruts" made on the grass or lawn areas. We fully reserve the right to file a claim with your auto insurance company and or carrier for any property damage(s) caused at any of our properties. There is no reason for anyone to run over any parts of our lawn or grass. This also applies to your truckers, shippers, carriers, haulers, friends, relatives or anyone else that may come here to pick up any part of your order. If they carelessly drive onto any of our grass or lawn areas and cause any "tire ruts" in the grass/lawn or break sprinkler head(s) or cause any damage of any kind, then such driver shall be responsible for all costs of repair, and their and or your insurance carrier will needed to be immediately notified, with a claim filed, and a formal police report will be made to document the damage(s) for said vehicle(s) insurance company to cover all damages caused. This policy shall also apply if you or your shipper accidentally "backs into" or hits any of our farm marketing signs, gate(s), fence, fruit stands, or any equipment on our property.

The creek behind our property can be very dangerous for children, pets and even adults, so please especially monitor your children at all times while at our farm. Remember that posted at the entrances to all of our farm property gates we have an "enter at your own risk" notice, reminding guests that you are 100% responsible to watch your children while they are at any of our properties. If your child jumps into the creek, you shall be fully and completely responsible for their rescue. During the summer season especially, many children try to jump into the creek to cool off after blueberry picking. We do not allow swimming of any kind in the creek. The boats, canoes, kayaks or any other type of watercraft is only for the private and personal use of the farmer and his personal friends or family. There shall be no public use of the creek from the access point of any of our properties. Furthermore, you should not allow your child to run or walk along the creek, as the ground is not level, there can be water wash-out or other types of holes, so no children should be permitted near the creek. Parents should keep children limited to the picnic table areas only along the fields.

No drinking alcoholic beverages of any kind, at any time on the property. We are a family farm, hence we encourage good family values and to set a good example for your own children and the children of other customers, hence no drinking of any kind on the property, except if you ask us to bring a bottle of wine to enjoy at a picnic lunch and we approve it first.

No smoking on the property. We do not allow smoking because cigarette butts are dropped on the ground. Additionally, we are encouraging good health on our farm. Finally, we do not allow any smoking because of the beautiful forest surrounding the property. We cannot allow smoking to create a fire hazard.

No foul language of any kind will be tolerated. This is the quickest way to upset other customers who have children present. Please be respectful, even when joking around. Keep it clean. Allow for a positive experience for all around you and please refrain from cursing or using any foul language of any kind because it will upset other customers, especially those with children.

Going to any kind of operation where you harvest your own fruit has risks. These risks include the fact that we do not spray any kind of pesticides on our fruit, and if we do it is organically approved material, but you should be aware that this does not necessarily prevent swd larvae from entering or getting inside the fruit. Our company cannot guarantee that all of our fruit is free from this issue and you should closely consider this fact before going to any operation like ours to harvest fruit. Let it be known that we make no representations or guarantee that our fruit is free from this pest and this issue. All produce picked is at your own risk as the produce at this location is not sold to grocery stores or supermarkets and because the PYO location is small in size it does not fall under the same regulations as other larger operations. It is your responsibility to make sure that anyone you bring to our farm is not allergic to blueberries, and let it be known that we shall not be responsible for any allergic reactions or other kind of symptoms that can be caused due to someones allergy.

While we love families and children and encourage family visits to our farm and garden center, 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, elderly family members and other loved ones 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 vehicles, tractors or equipment while at any of our farms. Let it be known that also at your own risk is the consumption of possible swd larvae that could possibly be present in fruit being harvested. Parents or guardians hereby accept any and all responsibility for the actions of their children while on our property. As such, if any child or children destroy or damage any plants, equipment, products, irrigation, irrigation fixtures, valves, signs or anything else, then parents and or guardians shall be financially responsible for any damages to DFF. If any damage is done with a motor vehicle of any kind, then a representative of our company shall contact the local police to make a report and said report will need to be sent in with a claim to your auto insurance company.

This is a working farm. As such, there are bees and other types of wild animals around the properties. Parents should be prepared for this, especially if your child is allergic to bees, or bee stings, the parent should be prepared for such accordingly. There are many box turtles on the property, and kids like to pick them up and play with them, but the only problem is that they can bite. So please watch your child and do not allow them to place their fingers or any other body parts near the mouths of any box or other types of turtles. Our company encourages you not to feed any of the wild turkeys, turtles or other animals along or in the forest line within our property limits. We love and appreciate animals too. We need to prevent the wild animals from becoming dependent on "being fed people food" or anything that is not wild; it is not good for their diets or overall well-being to be fed candy or other human food that some people try to give to them. Please also do not throw any food to ducks or throw anything in the creek in the back of the property. Any spills, trash or dumping of any kind into the creek may constitute a violation of law; as such, our customers shall be responsible if they are negligent for any spills or throwing of trash of any kind into the creek. Furthermore, the kayaks present on the property are only for the personal use of the owners and his/her family or friends, they are not intended for any members of the public to use, as we are not a kayak rental operation, and no one at any time shall enter any of the watercraft, kayaks or boats to enter the water. All parents should keep their children away from the creek, dock and waterway in the back of the PYO property as, although quite beautiful, the water is deep and can be dangerous.

Customers should also be mindful of the lighting along the forest areas and should be careful to not run over any of the lighting fixtures that are along any of the owner’s private campsite areas. If any lighting is damages, customer or visitor shall be fully responsible for full cost replacement of any light bulbs or fixtures. The same goes for any picnic tables, chairs or any other furniture used for picnics along the PYO field areas, if customers use these areas, they are responsible to make sure that none of the above mentioned gets damaged, broken or chipped in any way. All materials are hand-made from rare woods.

Any customers or visitors of any kind, will not and shall not urinate in any of the fields, forest or any area of the property. No picking baskets, buckets or plastic crates shall be removed from the property as these instruments are only to be used for the harvesting and not to be taken off the property for any reason. Most customers come out to the property to enjoy a quiet day of picking and do not appreciate the playing of any loud music. If you wish to listen to music, please bring headset earphones, as we ask that in order for everyone to be able to enjoy the nature of the surrounding forest and fields that no music be audibly played as to disturb other customers. This shall only be allowed for private weddings or other farm events. In addition, no one is permitted to remove animals, fish or any kind of wildlife from the property. This especially includes small "box turtles" which can be found on the property. No one is to touch, disturb or remove any turtles or any other wildlife from it’s habitat on any of our properties.

No Guarantee of Growth, Yield or Productivity Policy

We give no warranty or guarantee of any kind, expressed or implied, as to the growth, yield, production, vigor, variety, poundage, fruit size, berry size or productivity of any product, and we will not and shall not be responsible in any way, for the results secured in your planting, replanting, resale or transplanting. All orders are accepted subject to possible plant or crop failures, damage by natural or any other causes, including but not limited to any type of health or other kind of crisis, emergency lockdowns or shutdowns; and we reserve the right to refund all or any part of your payment made toward any orders.

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, were never in stock or stocked, not available or low in inventory, we fully reserve the legal right to substitute as closely as possible, or even to substitute with our own choice of variety that we feel is of superior, or close to equivalent quality. You may list several second variety choices when you place your order, however, if you prefer no variety substitutions, then you must specify such in writing only, directly on the memo portion of your check by actually writing the words "no variety substitutions" directly on the memo line section of your check at the time you mail in your check or make any payment(s) of any kind. Our company (DFF) must also first confirm in writing that we have received and agree to your requirements or terms prior to accepting your "no variety substitutions" order; otherwise we may and fully reserve the right to substitute at any time with any plant varieties of our choice. Like most companies in our business, we reserve the full and complete right to substitute with any other plant varieties as our stock or inventory is depleted, not available, low in inventory or was never in stock. As far as plant, product or bush sizes are concerned, we never guarantee height, diameter, width or any plant or bush size. We never guarantee a certain plant or bush height in feet, inches, number of canes, leaves or branches. We also never guarantee any amount, volume or poundage of fruit production. As such, when anyone asks us a plant or bush height question, we respond with the words "usually up to around" meaning, that we will make a best effort to provide, ship or sell you a plant or bush that is usually “up to” the best effort height or length. But we never make any promises or guarantees of any kind that any plants, bushes or products "will be at least" any stated, published or advertised "up to" height. The words "up to" are very commonly used in all types of advertising by all types of companies in all types of various different media. Also let it be clear that when we advertise any "up to” 4' feet tall plants or bushes, that statement is intended for pick-up orders only, and does not apply to any mail or any shipping orders which tend to be smaller in size to fit into manageable shipping boxes that are possible to be handled. As far as plant age is concerned, that depends on what we have in stock within our inventory at the time. We also never guarantee that a plant or bush age will be (for example, exactly a three (3) year-old) as the bush or plant we sell or ship you may be somewhat younger or even older than 3 years-old. It is our goal to get as close as possible to the advertised plant age, but age of product is by no means guaranteed, and is dependent on what we currently have in stock. Let us also be clear that we may not have exactly thirty-two (32) or any other published, mentioned, certain, or set number of varieties in stock all at one given time, but it is possible that we can have or have access to up to 32 varieties. Again, this means that we can have access to, or up to that many since we are also not just a farm, but also a certified plant dealer, so we can and do buy from or can even barter with other plant sources or farmers that may have a variety in stock that we currently might not have in stock. All of this is nothing new, and is actually a common practice with countless companies in the online plant industry who also sell or resell similar products online. Please know that when you are picking up an order, that you should not place the order with our company if you have a very specific plant or bush height requirement, because just like most online plant companies, we reserve the right to sell the size product we feel is a fair substitute for what is being advertised and of course the customer or prospect, when they arrive at any of our physical locations are not being forced to buy product, but once they do and leave our property there will be no refunds of any kind and there will be no product exchanges or substitutions at that point. Over the years we have closely looked at the above mentioned common practices of many plant companies and have put together a collection of copies of their polices to clearly prove our statements above. Should any variety prove untrue to name as labeled, it is mutually agreed that our total liability, upon customer providing a formal certification and testing analysis report from a certified expert with the proper CV and certifications, shall be limited only to replacement of product or refund, not to exceed the original product purchase price.

Plants, Products and Website Disclosures Policy

Our good faith intent is that you receive the highest quality plants available within our inventory at the current time. We show pictures and YouTube videos of various plant sizes on our website to encourage similar, not exact, comparisons to the various types of plants that we currently sell. We do not guarantee that every single plant will be exactly the size as depicted on our site, as most of the plants may be pre-pruned back for proper transplanting in advance of shipping. Roots are sometimes trimmed back as well. We allow our plants to grow in their natural environment, which takes longer, but produces a healthier and hardier plant. We do not ship plants in pots or containers. All plants are shipped in a semi-bare root state, the way our farm has been successfully handling plants for many years. Sometimes we may elect to pull off the flowers, blossoms or berries on the plant in advance to also reduce transplant shock. Many of our customer orders are "custom orders" as such, the plant or bush sizes you are seeing in any given photo, video or other media are likely a different size plant or bush that what you will receive, because we make different deals with different customers. As such, we ask that consumers never automatically assume that any given plant or bush shown in any photo, video or any other media, represents exactly what they are getting for their purchase. Once again, we never guarantee plant or bush height, size, age or number of branches.

At no charge to our customers, we sometimes may pre-prune our plants or bushes to bring roots and branches into balance. This goes for many of our plants which can be pruned back prior to shipping to help them transplant better and ship easier. We also do this as a courtesy to our customers whose main goal should be to allow the roots to establish first. In addition, any description of plant size or sizes are "only best estimates" based upon an eventual fully leafed out plant or bush, including from the bottom of it's roots and not simply just the size of the plant or bush based on its size while it may be dormant. Some plants or bushes may be smaller or larger than others. We never guarantee plant or bush height, age or size. We use our "best estimate(s)" as to plant/bush age when we ship or when an order is prepared for a customer to pick up. Some plants/bushes may be younger or older. We make a best effort to try to make the plants are all consistent. Yes, we sometimes advertise 3 year-old, up to 4' foot tall plants, but that particular wording is only intended for pick-up orders, not mail orders, which are almost always smaller than 4' ft tall; and that product height reference is only stated with the words "up to" before it; when we have them available for pick-up. We do this as an incentive for customers to take a ride out to pick up the product so that they can see our operation during a quick drive-thru experience.

It is the customers responsibility to always know their own regional climate, and or micro-climate, and or planting/growing zones and to know when it is the right time to plant in their particular growing zones. Our staff, members, interns, farmers or representatives are not experts at knowing all the various different growing zones, weather patterns, changing weather conditions, climates and or micro-climates all across America. Therefore, our company shall solely rely upon the prospect, customer(s) and or their representatives to advise us when they choose to, or would like to order plants, ship plants or receive plants in their particular region of the country. Be advised that unless notified otherwise in writing, in advance, with our confirming said receipt of such notice, our company maintains the right to ship plants or product according to our own shipping time schedule or period. Also, if any customer(s) orders any kind of plants or product during a time of year that is not suitable for planting within their particular region, planting, or growing zone in the country, then customer hereby accepts all responsibility if any or all of the plants die, not productive or are harmed in any way due to such negligence. As stated prior, our staff members, interns and or farmers are not experts in all growing zones, nor are they experts in knowing the exact weather conditions or micro-climates within every part of the country. As a whole, our company, owner(s), farmers and/or staff members try our best to give our best efforts advice given our experience and background in the industry. However, it is the responsibility of the customer to do their own research for their particular area or growing zone. Furthermore, we never guarantee that product that you order is perfectly suitable or the best possible product for your particular growing zone, as it is the responsibility of the customer(s) to direct us in writing when submitting their check as to the restrictions of their particular order and noting such on the memo portion of the check they are submitting to our company. Also it should be noted that in most, if not all cases, we are not the ones soliciting the customer, but rather people call us from all parts of the country, so we cannot take the time to research every single location or every single growing zone location for every single phone call we receive. That is just not practical or possible for us. Therefore, let it be known in advance that once you call us, and we answer your telephone call, it shall be automatically assumed by us that you have done your homework and necessary research to make sure our plants are suitable and or best for your growing zone. If we do not agree with any terms written on your check, we may immediately return in for you to amend, correct, redact or resubmit said check according to the terms we are willing to accept. On our website we make mention that we are “experts” but, let it be known that we do not mean or intend in any way to imply or represent that we are “experts” as in "doctors, but rather we define the terms “expert” or “experts” as persons who have had life-long exposure to our industry, and farmer(s) growing up in the industry with a lifetime of experience in that regard. We do not intend to represent that any of our farmer(s) have any kind of expert degrees in our industry, just experience and a life-long family history in handling and growing said various products and merchandise for most of the farmer(s) life.

Our company cannot assure detection of non-visible or any other plant diseases, viruses, insects or defects of any kind on or within our products. Because growth of plant(s) is determined to a large extent by the care they receive from the customer and grower due to conditions that are beyond the control of our company, including, but not limited to soil, weather, customer negligence and improper use of chemicals and fertilizers; as such, our company cannot and does not warrant or guarantee growth, yield or fruit production. Let it be known that our company, is not only a farm, but also a certified plant dealer. The state and its inspectors certifies that the sources of the plant stock grown for, purchased by, or dealt in by our company has been certified virus and disease free by State inspectors who are responsible to guarantee the same after their yearly walk-thru inspections. Our company sells products and certified plants from other certified growers from all across the country, of whom we may have relationships with. All orders accepted are subject to crop failures or damage by natural causes. Our company gives no warranty, expressed or implied as to the growth, yield, vigor or productivity and will not in any way be responsible for the results secured in planting or transplanting.

Pricing and Methods of Payment Policy

Our prices do fluctuate from time to time when inventory starts to get tight. Prices or sale prices should not always be taken from our website because we give quotes via the telephone which can always be a higher or even a lower price depending on our inventory and or access to product. The final price of our product is the price you will be quoted. It can change daily. When any customers, purchasers, shippers or carriers are picking up an order at any of our company locations, DFF shall solely determine the method of payment to be acceptable. Should any customers or purchasers refuse to accept DFF choice of payment, then customers shall lose any good faith deposit(s) made. We always encourage payment by check, not money orders, however, some customers prefer to purchase money orders and mail them to us instead of simply sending a check. Let it be known that this money order method of payment is ok with our company, however, let it be known and clearly document that the customer shall be responsible if the money order gets lost in the mail, and that our DFF will not be responsible for any “lost money orders” that are sent to us, but that are not received or that are accidentally destroyed. We make this statement here to be clear, because in the past, we had a customer purchase money orders, mail them to our attention, and then they were lost in the mail, and the customer couldn’t recover the money for some reason. There is a risk in sending money orders and that risk shall be assumed by the customers, not DFF. The customer is encouraged to only mail checks or certified checks as methods of payment, but if for any reason the money order you mail us is lost in the mail, accidentally destroyed, discarded or otherwise lost in general, our company shall be responsible to refund money that we have never actually deposited or cleared in our checking account. Therefore, we encourage you the customer or prospect to be absolutely sure that whatever type of money order you purchase, can in fact be recovered by you, if that money order is ever lost in the, mail accidentally destroyed or stolen by some unknown party. Never, ever mail us cash in an envelope and mail it to us. Once again, we repeat, no customer, prospect, representative or anyone else is to mail cash in the mail as our company shall not be responsible if any cash is lost, stolen or not received. All customers should only mail us a check, certified check, bank check, tellers check or money order as methods of payment. Never send us any form of cash.

EXCEPT FOR THOSE WARRANTIES REQUIRED TO BE MADE BY LAW, OUR COMPANY (DFF) MAKES NO EXPRESSED OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, CONCERNING PLANTS OR PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY AND CLEARLY SET FORTH ABOVE. Should any stock, plant or other merchandise prove untrue to name as labeled, it is mutually agreed that our total liability, upon satisfactory proof from two different certified experts; shall be limited only to product replacement or refund, not to exceed the original purchase price. DFF shall not be responsible for any results secured in planting, replanting or transplanting. All orders placed, booked or made in writing, verbally or otherwise, are based on the distinct understanding that you the purchaser, customer or prospect agrees to all of these terms and conditions of sale as clearly stated on this public section of this official company website which is available for open public viewing 24 hours a day, 7-days week, and 365 days a year.

PLEASE READ THIS CAREFULLY BECAUSE IT HAS A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND WE HAVE AGAINST EACH OTHER AND HOW THEY ARE TO BE LEGALLY RESOLVED.

Applicable Law, Court Costs, Attorney Fees and Venue

Only New Jersey state laws shall apply to this agreement. In the event any kind of legal or other disputes arise that involve our company or any of it’s managing members, employees, interns or any other representatives of our company; all parties agree to first consider non-binding arbitration, mediation or some other type of appropriate alternative dispute resolution method that shall be paid for by the filing party. Any and all civil litigation or any other type of legal actions of any kind must be filed in and can only be heard in Atlantic County Superior Court in the State of New Jersey. All statute of limitations shall strictly apply to all disputes which must be filed prior to any expiration of time allowed by law. By placing any kind of order with our company, paying us funds of any kind or amount, or your physically entering any of our properties, you hereby agree that should any act of litigation be filed, that you, the customer(s), prospective customer(s) or any other individual(s) shall be fully and solely responsible to pay your own attorney fees, and or law firm billable hours or fees; and you shall also be solely responsible to pay the following, which includes, but is not limited to, any and all court costs, filing fees, expert costs and fees, deposition fees, carrier fees, deposition costs, court transcript costs, court reporter fees, mandatory mediation fees, settlement conference costs and fees, plus you shall be responsible to pay for all of your own, and your witness(es) travel, hotel, lodging, meals or any other costs or expenses associated or related to any legal action of any kind, that is filed against our company or any of it’s managing members, employees, representatives, interns, etc. In addition, you and or your company shall also be responsible to pay any and all attorney fees or law firm billable hours, legal fees, court costs, courier fees, or any other expenses, or damages that our company or any of it’s managing members shall suffer as a direct result of any legal actions, motions or any other filings against us. Frequent and costly motion practice, and or appeals may be justified in our defense, and we do not settle or give in to any kind of frivolous or nuisance litigation. Also take notice that all witnesses must physically present themselves for both depositions and at trial. You and your witnesses shall not be permitted to attend any court hearing via Zoom or any other online service, but rather, you must physically present yourself and your witnesses must physically present themselves at the venue as described above and at the law office of our attorney who shall conduct all depositions in his office but you shall be responsibility for all court reporter fees and all associates costs. You shall also be responsible for any of our loss of business due to the required attendance of court hearings or any other matters relating to any filed litigation. Our venue is the proper jurisdiction and location for any and all litigation to be heard.

Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO VOLUNTARY ARBITRATION, YOU, OUR CUSTOMER(S) AND OUR COMPANY ALL HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING OUT OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS RELATING TO THE PRODUCT, SERVICE, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, OFFICERS, MANAGING MEMBERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, INTERNS AND ASSIGNS.

Litigation Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO VOLUNTARY ARBITRATION, YOU, OUR CUSTOMER(S) AND OUR COMPANY ALL HEREBY AGREE THAT ANY LITIGATION ARISING OUT OF THIS AGREEMENT, RELATING TO THE PRODUCT, SERVICE, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND OUR COMPANY OR ANY OF IT’S EMPLOYEES, OFFICERS, DIRECTORS, MANAGING MEMBERS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, INTERNS AND ASSIGNS WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT AND CAN NOT PROCEED AS PART OF A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AND THE CUSTOMER(S) AND OUR COMPANY HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE ANY RIGHT TO PROCEED IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION OR TO SERVE AS A CLASS REPRESENTATIVE.

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 Us" section on this website. Be advised that once you submit your information to us that we may possibly 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 farm staff members, you must submit such a request in writing.

Information and Telephone Number Collection Policy

Our farm uses information for general purposes: to fulfill your requests for farm produce or products, and to contact you about the status of your order with our farm; and or to call or text message you to invite you to pick product when it may be in season. We may also use your information to prospect or solicit for additional future business.