TERMS, CONDITIONS & COMPANY POLICIES
THIS IS THE OFFICIAL SECTION OF OUR WEBSITE WHERE OUR COMPANY POLICIES, TERMS AND CONDITIONS OF SALE, REFUND, CANCELLATION AND PRIVACY POLICIES ARE CLEARLY DEFINED, OUTLINED AND DISCLOSED TO THE PUBLIC AND OUR VALUED CUSTOMERS OR PROSPECTIVE CUSTOMERS. ALL ORDERS, RESERVATIONS, PROPOSALS, QUOTES OR DEPOSITS OF ANY KIND ARE BASED ON THE DISTINCT UNDERSTANDING THAT THE PURCHASER(S) AGREES TO ALL TERMS AND CONDITIONS OF SALE AS CLEARLY STATED AND SET FORTH BELOW. REMINDER OF THESE TERMS, CONDITIONS AND COMPANY POLICIES IS MADE ON ALL INSTRUCTIONS INCLUDED WITH SHIPPING OR PICK-UP ORDERS.
FORMAL NOTICE SIGNS REFERENCING THESE COMPANY POLICIES, TERMS & CONDITIONS ARE CLEARLY AND CONSPICUOUSLY POSTED ON THE WHITE HORSE FENCE AT THE ENTRANCES TO EVERY GATE AT OUR FARM NURSERY PROPERTY.
Please read carefully, as once you place an order with our company, either verbally or in writing, you, your employees, agents, heirs or representatives, shippers, haulers, carriers or transporters hereby agree to any and all terms as clearly set forth below. Be advised that our company may 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 invite you to first check back frequently for any possible changes or updates made to this section of our public website. Kindly be advised that all telephone conversations both to and from our company may be or may have been recorded. Your consent shall not be required. However, our company, it’s representatives, agents, interns or members, managing members do not consent to being recorded at any time without your first obtaining our express written consent. All orders placed, booked, reserved or made, are accepted based on the distinct understanding that the purchaser(s), client(s) or customer(s) agrees to any and all policies, terms or conditions of sale as clearly set forth below and also here within our official main public website, where these terms, conditions and policies are available for public view 24 hours a day, 7 days a week. Links to this policy are listed clearly and conspicuously in at least a 14pt font size, as the law requires, shown as the "Terms & Conditions" link on this official website, is shown on the bottom of not just the first main company page of this official website, but is also visibly shown on the bottom of every single page of this official website. Let’s remember that most companies only list their terms and conditions link on the bottom of just the main page or just one page of their website, but we list our “Terms & Conditions” link on the bottom of every single page. All customers, prospective customers or buyers must acknowledge that the limitations and disclaimers herein described are policies and conditions of sale that constitute the whole and entire agreement between the parties regarding no-warranty and any other liability.
Most companies have some type of company policies or terms and conditions set in place. Our company does as well. We believe our company policies, terms and conditions are fair, being that we are dealing not only with perishable product, but also with live products, which are living things that can die, not thrive or survive for many reasons that are unfortunately beyond our control. Not only that, but we certainly do have beautiful properties that we work hard to keep looking beautiful for all our valued customers and prospective customers who are more than welcome to schedule a formal appointment to pick-up their order in person. Please be aware that we fully reserve the right to refuse service and or refuse to sell product to anyone who we feel becomes unnecessarily difficult, high-maintance or those who we feel are not seriously interested in purchasing product. Keep in mind when you come to physically pick or pick-up your order, that we are a working operation, and any workers, owners, or representatives are busy with work schedules to keep and therefore, we need to keep things moving along quickly to be able to accommodate our many telephone calls, sales calls, customer service calls or other related work responsibilities along with accommodating others who may wish to pick-up their order. If you require more time to spend with us, please let us know in advance so we can plan accordingly. Our goal is to help you and answer all your questions in a timely manner.
Pick-up Orders vs. Mail or Shipping Orders
Please be aware that when you pick-up your order of any two (2) year-old product advertised on our website for $4.95 each, that there will be an additional fee of $1.05 per plant added for the fact that we will be giving you the nursery pot along with the plants and they will not be bare root. This fee is always disclosed when we give someone a quote or final pricing at the time of pick-up or prior to them picking up the order, stated verbally on the telephone. We recommend and encourage PICK-UP ORDERS instead of mail order shipments, this way, you, as an existing or prospective customer, can personally see not only see our beautiful operation, but you can also see exactly what you are buying instead of placing a mail shipment order over the telephone. Customers can sometimes drive hours just to buy direct from us. There is a reason for this. That's because many of them have tried to buy from big box stores like Lowes, Walmart or Home Depot in the past, only to have many of them die within a year after purchase. The reason for that is quite simple, it's in-part because they were not "cold hardy" or "temperature hardy" at all. This is because they were grown in a strict temperature controlled environment, mostly in greenhouses, and then when you buy them, take them home, and put them outside, that's the very first time they have ever actually been outside to see the actual sun. Yes, the stores often display the product outside, but they all surely came out of a greenhouse. Also, there are many of you who have previously purchased from "other online sources" owned by individuals who are not even real farmers or farm owners, but just a guy or two, who are selling potted product out of their backyard or off a tiny lot somewhere. You should seriously Google their actual address first, and look at the satellite images. You will see no legit farm operation there, but just potted product on a tiny little lot or behind someones house. Compare to the satellite image of our operation and compare. We invite you to give us a try. There is a good reason why we have over 88,000 LIKES on our nationally popular Facebook page with happy customer photos and positive comments on our photos throughout various social media, just like all of these people on Pinterest who had nothing but great things to say about our product and company here on our Pinterest profile.
DiMeo Fruit Farms, LLC (DFF and/or DFF, LLC) (d/b/a DiMeo Farms) defined as "DFF" or "company" or "our company" or "our" and 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 products provided or sold by DFF 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), clients, customers, prospective customers, agents, or any representative(s). DFF shall not be bound by any additional or different terms, verbal or otherwise, unless such additional or different terms are reduced formally into writing and officially signed by aa official “Managing Member” of our company DFF. In addition, DFF shall have the legal right to stop all shipments, pick-up orders or deliveries at any time purchaser is in any kind of default in any financial or other obligations to DFF, and DFF reserves the legal right to fully or partially withhold performance until any and all financial or other defaults have been fully and completely remedied to the full satisfaction of DFF. Buyers, customers or prospective customers may not and shall not rely upon our DFF company (seller); and let it be known that our DFF company (seller) makes no representations, warranties or guarantees of any kind, implied or otherwise, that the merchandise, plants or products 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 (DFF) will not and shall not, in any way, be responsible for the results secured in planting, replanting, transplanting or growth of the product.
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. As soon as they 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 though our company. Please be sure to immediately provide the proper care and attention as required by your plants. This policy applies to both mail orders, shipping orders, pick-up orders and any possible farm market, u-pick, roadside stand or possible festival transactions.
We invite you (by appointment only) to personally visit our gorgeous operation to pick-up your next order. Just give us a call first to schedule an appointment at (609) 561-5905 and we will take care of you.
Shipping and Handing Fees Policy
In addition to standard shipping fees, our company charges and prices in a fair handling fee for all of our mail or shipping orders. There is considerable additional time and labor involved in digging, cleaning, sorting, wrapping, packing, boxing, and sometimes even pre-pruning the plants. We feel this is fair practice, as many companies today charge or incorporate some type of handing fee into their pricing. Within the shipping fee price is not just the standard postage or cost of shipping, but also a box charge, materials charge, labor charge, shipping supplies charge and transportation to shipper charge. We feel this is fair, being that if, for example, a customer were to drive out here to our farm and pick up 10 plants, it would take us literally about 90 seconds to load the 10 plants into the customers vehicle and complete the order. However if those same 10 plants are mail order shipped, there is much more time, expense and labor involved in prepping the plants, digging the plants, wrapping plants, packing plants, boxing plants and then taking the boxes to be shipped. In addition, because of our farm location, we are charged additional labor fees to have all of our box shipments physically driven out to the shipper. Then we have to wait in line to be served by the shipper. Even with our shipping fees, handing fees and any other fees, our prices are still competitive and we feel, the lowest in the country for what you actually receive, compared to big box stores who charge the same price for plants half the size.
Except as clearly set forth in this paragraph, no cancellations of any orders, of any kind, placed with our farm or nursery shall be accepted. Plant customers may only cancel an order within three (3) days of actually placing the order in verbal over the telephone or in written form. For any customer who cancels an order within three (3) days of placing the order verbally or otherwise, we shall return to the customer any good faith deposit or any payments made. However, immediately following this short 3-day cancellation window period, we cannot and shall not accept any cancellations of any kind, for any reason. This is because our company immediately reserves and holds the ordered plants or products for the customer(s) when the order is placed either verbally or in writing. All payments or deposits are 100% non-refundable once placed for either mail, shipping or pick-up orders. This 3-day cancellation rule does not apply to any u-pick group events, farm events, yoga events, outdoor-only weddings or any other events being held at any of our NJ farm properties, since all events shall 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. Any amount of money not paid when any said balance is due shall be subject to a $100 late payment penalty fee, and also a six percent (6%) monthly interest penalty of the total amount due of any unpaid balance(s) for each and every calendar month that passes during which a payment or any balance due is delinquent. Let it be known that the interst 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 also to have our company specifically named and listed as a “creditor” on your personal or business credit report; and to also report your owed debt and any delinquent balance(s) due to any or all of the three major credit bureaus or reporting agencies. Our company shall not be responsible for any negative impact this may have on your credit or your company’s credit, as we give everyone thirty (30) days to pay the total balance due in full, to quickly resolve the situation.
Missing Plants Policy
It is rare, but everyone is human and mistakes do sometimes happen. If you are missing plant(s), we must be notified in writing within three (3) days of your receipt of plants. We say three (3) days because if you receive your shipment and are actually missing something, most people would agree that the natural reaction would be to immediately notify the company in writing via. e-mail or U.S. regular mail, and not to wait any longer than three (3) days. Actually, if you are ever missing something, you should notify us immediately in writing via. e-mail and then immediately follow-up with a telephone call to notify us to check our e-mail to read your notification. After such time, we shall consider replacing plants after an investigation takes place within our company. Our company inspects each order prior to shipment. All orders are often counted twice and each time, this is reflected upon the customer’s order card. We are not legally required or obligated to send any type of replacements or additional free product. All situations shall be handled on a case-by-case basis.
Refunds, Refusing or Returning Product Policy
Except as otherwise provided or required by New Jersey law, we do not refund any money once an order is placed in any form, either verbally or in writing with our company or any of our representatives. Our plants, products or merchandise can not be refused or returned to us without first obtaining our express written acceptance, authorization and full written consent by an authorized Managing Member of our company. In all cases, plants, products or merchandise can NOT be refused or returned after they have been delivered, accepted, processed, improperly stored, planted or otherwise treated, modified or used in any way. If any customer returns or attempts to return, refuse 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, that shall be immediately discarded by our company. We will not and shall not be responsible to ship any product, replacement product, replacement plants or any other merchandise back to you. We shall also not be responsible to send you a refund or any partial refund if you ship back, refuse 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 was in fact shipped in good faith to the customer. Because most of these orders involve live plants, we will not can can not accept them back once they are dug and shipped.
Good Faith Deposit (GDF) Policy
Many of our customers opt to put down or pay some type of good faith deposit(s) (GFD) confirming not only the order they are formally placing with our company, but also locking in the order so we can immediately reserve and tag the plants or products for the customer. Let it be known that any and all deposits of any kind, including good faith deposits (GFD) must be used or applied within a six (6) month period (180 days), as our company cannot and shall not "carry forward" or "hold-up orders" longer than a six (6) month (180 day) time period. If for whatever reason, the customer is not responsive, does not return telephone calls, voice mail messages or does not pick-up or accept shipment of the order within such six (6) month, 180 day time period, then the customer shall completely lose the deposit or or good faith deposit that was sent to, or given to our company. We created this policy to make certain that customers do not use good faith deposits (GFD) to "hold-up plants or product orders for longer than 6 months. Customers must accept or pick up shipment prior to this 6 month time limit. Unfortunately, there are many "life situations" and sometimes happen such as sickness, health situations, death or other reasons; if this is the case, then the customer shall lose the said deposit on the 181st day after said deposit is received. We are under no legal obligation to put you on final notice in writing that you are about to lose your GFD as this public legal notice serves that purpose.
Shipment, Shippers, Carriers, Shipping Methods and Delivery Policy
All shipments of any kind or shipments travel are at the customers or purchasers risk and expense. Whenever we ship via 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 the truck 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, then the customer should promptly file a written complaint against the carrier and/or shipper, who in turn will be responsible to compensate the customer directly. Once our plants or products leave our farm, 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.
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," it is final. As such, all shipping, handling or any other fees are not refundable. Even if the customer decides to come and pick-up the order instead of having it shipped. DFF will allow the customer to schedule an appointment and pick-up the order, and convert the mail order to a pick-up order, however, customer should know that shipping, handling or any other fees are non-refundable. 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, and the customer cannot drive out to pick-up the order instead. As far as invoices are concerned, we do include a copy of one with every shipment along with detailed easy planting instructions. However, if a customer loses or misplaces an invoice and therfore needs it to be replaced or re-sent again, there will be a $20 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. This fee is fair as we do not have anything logged into a computer where it can be simply printed out, we will need to physically search out your order card and order information through possibly many other files and boxes of mail order shipments which can be a time consuming process for our company.
Let it be known that DFF does not provide any insurance of any kind on any mail orders shipped. Any insurance must be provided for and or paid for in advance by the customer. Customers must request in writing prior to any shipments that DFF insure any/all mail order shipments and make full payment to DFF in advance of any shipments. Insurance is 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 state officials" or "held by 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.
Prices, U-Pick Terms, Picking & 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 $20. 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 $20" price that allows consumers to not only pick up to 12 pints of fruit, if they so choose, but to also: 1) 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 fire pit area in the back of the white barn 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 "$20 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 $20 is paid. This is made clear on the formal “notice signs” which are posted clearly on the corn crib or fruit stand 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 at any time. There are no refunds due to weather. 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 farm.
DFF 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; they don’t bother other customers; their owners immediately pick-up and clean-up any poo poo mess made by the pet. 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.
Photos, Photographers, Videos and Photo Tagging Policy
DFF welcomes all photographers to our farm to take pictures and to enjoy all we have to offer. Please be advised that should any photographer, blogger, customer, client, visitor or guest voluntarily post a photo or video of any kind on any kind or type of public website, including but not limited to their own website(s) or any kind of social media, blog or any other types of media, we will and shall interpret such action as permission to use that or any other photos or videos in for our advertising or future publicity. Be advised that if your take any photos at any of our farm or other properties, that you are giving our company permission and rights to use the photos for any reasons. All persons should also be aware that our company (DFF) takes pictures of the farm and our guests on a frequent basis for our own use in publicity, marketing and public relations; and that by allowing yourself, your children or any ones else to be photographed, you are doing so with the full and total consent for us to use your image, likeness, brand or presence on the farm. This is an agreement to use your likeness the second you post any photos online taken here at our farm.
Public Policy Postings, Entrance and On-Site Notice Signs Policy
A direct reference to and 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, a select number of 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.
On-Site Cameras, Video Security, Monitoring, Tractors, Streams 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 and preserved. 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 or nursery is at your own risk. Photos of children on our tractors or farm equipment is permitted only if one of our staff members is present at all times. Please do not let children climb on any tractors or any farm equipment without first getting our approval.
Tractors outside are for display only and we do not invite anyone to climb up on them without first obtaining the permission of one of the farmers. You may certainly take photos on the tractors with your family, but only after given permission to do so. 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.
No one is permitted to swim, walk or wade in the creek in the back of our u-pick property, and all parents 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 canoes, kayaks, tubes or flotation devices that may be behind the property. No one is permitted to launch them into the creek without our express written permission in the form of an agreement that all users will be required to sign prior to participating in any canoeing or kayaking through the forest. The canoes, kayaks, tubes or other flotation devices are for the personal use of the farmer's family, friends and invited guests only. At this time, they are not intended for public use or advertisement. This may change the future, but for the time being this is our policy in regards to the creek use. Camping sites along the creek are also not intended for public or customer use or advertisement.
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 Vacation Homes or Investment Farms Policy
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 accomocations 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.
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 sometimes because confusing and we strongly recommend that you not do this, as it 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 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 and frustration on both the part of the customer and our company. Therefore, we recommend that you don't do this. 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 group and then take it upon him/herself to divide the order up and answer all questions. We can only communicate with the actual person that placed the order, as far as our company is concerned, the person that placed the order, and sent in the funds is the one and only customer, and not all the various members of the 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 Inspections for International Orders Policy
We would love to start shipping plants outside the United States. But, we choose not to, because it's a nightmare of paperwork, inspections and lots of risk. Let it be known that it has always been the responsibility of the customer to obtain a phytosanitary inspection for any plants being shipped out from any of our operations. If any of our customers decide to "pay us extra" to remove soil from the roots of the plants then we shall do so on a "best efforts" basis and simply cannot and will not guarantee that the plants or products will not be rejected by customs or any state or local government officials. Our customers are always welcome to hire a third party to process, clean and inspect the plants to guarantee them successful shipment to their destination, especially if the plants are being shipped internationally. The requirements of all countries are different. Some countries hold up the plants until the customer pays a fine in order to get the plants through customs. This can be a very frustrating, time consuming and costly process, which is 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, we may entertain doing a business deal together. Just know the risks as we have disclosed all of them quite clearly, here on this page. If there is ever a major problem, you risk losing your good faith deposit or payment for 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.
Shipping Schedules, Weather Delays, Shipping Dormant Product, Damage During Shipment Policy
Be advised that we always try to ship in the best interest of our customers as well as our plants, products or merchandise; therefore, when the weather gets warm or hot in the late spring or summer months, we sometimes temporarily suspend shipping until cooler weather prevails. The same thing applies when the weather gets too cold in the winter, or any time there is what we consider to be bad shipping weather conditions. Such time shall be determined by our company. An order "on hold" as such cannot be canceled beyond the three (3) day cancellation period, which starts the very second the order is verbally placed with our company via. telephone, as per our non-cancelation policy; however the plants, product or merchandise shall be shipped to the customer once our company determines what is best. This is quite normal and we ask for your patience as we follow our sometimes changing shipping schedule. All plants, product or merchandise will be shipped within six (6) weeks of the date your payment 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 clealry document on your order card to match up with our telephone records. We also reserve the right to record the call to documented 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 than six (6) weeks from the date payment is received. This is often the case, as many customers place orders in fall or winter, to be shipped during the spring time period; or sometimes customers just wish to change the product shipment date to accommodate their own personal life schedule. Some customers also place orders in the summer, to be shipped during the fall planting season when the weather cools down, but they wish to guarantee inventory availability so they place the order and send in payment during the summertime. 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 product, merchandise or plants as to protect and preserve the customers investment and to not lose it due to excessive warm or hot temperatures during our late-spring or summer shipping time periods.
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 Signs, Fence 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 insurance information and an insurance claim shall be placed with your insurance carrier.
Natural Definitions, Certified and Marketing Language Clarification
Let it be known that we grow both conventional and organic blueberries; and both conventional and organic plants. The words "naturally grown", "natural", "all-natural", "100% all-natural", “old fashioned”, and/or “naturally” can mean any number of different things, as all of those words have no official or regulated definition. We fully reserve the right to define these words, terms, language or meanings, according to our best long-time farming and growing practices, and or opinions, that as long-time farmers, we believe accurately represent the "natural" way of growing the fruit, plants or products. Let it be known that our fruit, plants or products are not "certified organic" and hence the reason why we never use the words "certified organic" in any of our marketing or advertising to describe the product we are selling. However, we can use it to describe the fact that it is possible for you to grow your own "organic" fruit at home or that we can teach you how to grow your own "organic" berries at home. Furthermore, let it be known to any prospects, customers or any 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 the "certified organic" certification certificate or any other documents or documentation in this regard. If the word "certified" is ever used on this website or in any of our marketing, advertising or in any other form, please know that does not mean "certified organic" but what it does mean is that our plants are “certified” virus and disease free and inspected on a yearly basis. Please let there be no confusion in this regard. If the word “organic” appears in any of our advertising, know that it is not “certified organic” but that it is organic by our definition of practices that we believe to be organically grown or raised in nature. As mentioned above, we grow both organic and conventional fruit and plants. There are countless other businesses, farms, roadside stands, farm markets and other businesses that also use the word “organic” in their advertising and marketing and they are not “certified organic”, so it’s only fair that we do the same. Yes, there are in fact organically approved fungicides, pesticides and other certified organic products that we currently use on a certain portion of our plants and fruit. We keep these products in our inventory, and of course, we have the receipts and other documents to prove our purchase or use of these organic pesticide or fungicide products. As at this time, we have decided not to become "certified organic" because of many complex and costly government regulations, as we, being old fashioned farmer(s) feel that we are already way over-regulated in just about all aspects and levels of government, most of which, are just trying to find creative ways to try and get money out of successful farming or other small businesses. However, most of these officials selectively enforce and only target certain farms and ignore others. These certain officials clearly "look the other way" for certain farms depending on how well they are connected. The things they should focus on like stopping practices of major produce brokers leasing a bunch of various different farms and then mixing the fruit from those farms and packing them all under one pint label, a clear violation of Food Safety & Traceability laws, but numerous corrupt public officials still won't enforce the law and will not stop major produce brokers from leasing these various different farms and then packing the berries together under just one label. Not to mention, the fact that the public is consuming significant amounts of pesticide or fungicide residues left on fruit that is sprayed just before harvest (especially during rainy seasons), when the farmers are trying to prevent fruit rot, so they spray fungicides just before harvest, but then there are fungicide residue levels that are beyond the thresholds established, but yet there is no action on that issue either issue.
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/grass is gorgeous 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. There is plenty of parking along the forest line or on our side of the horse fence along the road. This also applies to your truckers, shippers, carriers or haulers that may come here to pick up any part of your order. If your they carelessly drive onto any of our grass/lawn areas and cause any "tire ruts" in the grass/lawn or break a sprinkler head or does 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 and a formal police report will be made to document the damage(s) for your/their vehicle insurance company to cover. This policy shall also apply if you or your shipper accidentally "backs into" any of our farm signs, gate or fence which are along the driveway entrance.
The creek behind our property can be very dangerous for children 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.
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 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. 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 or products, parents shall be responsible for any financial damages to DFF.
This is a farm. As such, there are bees and other 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. Our company encourages you not to feed any of the wild turkeys or other animals along the forest line of the properties. 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. Please also do not throw anything in the creek in the back of the property. Any spills 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 of any kind into the natural creek. Furthermore, the canoes and kayaks present on the property are for the personal use of the owners and his/her family or friends, they are not intended for customers as we are NOT a canoe-kayak rental operation, and no one at any time shall enter any of the watercraft canoes, kayaks or boats to enter the water. All parents should keep their children away from the creek and waterway in the back of the PYO property as, although quite beautiful, the water is quite deep and 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.
Growth and Productivity Policy
We give no warranty of any kind, expressed or implied as to the growth, yield, vigor, variety, poundage, fruit size, berry size or productivity and will not in any way be responsible for the results secured in your planting, replanting, resale or transplanting. All orders are accepted subject to plant or crop failures of all types and damage by natural or any other causes.
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 right to substitute as closely as possible, or even with our own choice of plant variety that we feel is of superior or equivalent quality. You may list several second variety choices, however, if you prefer no variety substitutions then, you must specify such in writing only on the memo portion of your check by actually writing the words "no variety substitutions" on the memo line of your check, at the time you mail in your check or make payment(s) of any kind. Our company (DFF) must also 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 substitute at any time, accordingly 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, or low in inventory or stock. As far as plant or bush sizes are concerned, we never guarantee plant or bush size. We never guarantee a certain plant or bush height in feet, inches, or number of canes, leaves or branches. As such, when anyone asks a plant or bush height question, we respond by stating "usually up to around" meaning, that we will make a best effort to provide a plant or bush that is "usually up to around" the best effort height or length, but we never make any guarantees of any kind that the plant(s) or bushe(s) "will be at least" the stated or published "up to" height. The words "up to" are commonly used in all types of advertising by all types of companies in all types of media. When we advertise any "up to 4' feet tall" plants or bushes, that statement is intended for pick-up orders only, and not mail or any shipping orders which tend to be smaller in size. As far as plant age is concerned, this depends on what we have in stock within our inventory. We never guarantee that a plant or bush age will be (for example, exactly a three (3) year old plant or bush) as the bush or plant we sell you may be somewhat younger or older than 3 years-old. It is our goal to get as close as possible to the advertised plant age, but this 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 "certain number" of varieties in stock all at one time, but it is possible that we can have up to 32 varieties. This also means that we can have access to or up to this many since we are also not just a farm, but also a certified plant dealer, so we can and do buy from or barter with other plant sources or farmers that may have a variety in stock that we currently do not have. All of this is a common practice with countless companies in the plant industry who also sell or resell similar products online and their availability and inventory often changes. 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 companies, our inventory can often change, and as such 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.
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, 4' 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 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-through experience.
It is the customers responsibility to "know their own regional climate or micro-climate and or planting/growing zones and to know when the "right time" is to plant is in their growing zones. Our staff members or farmers are not experts at knowing all the various growing zones, weather patterns, weather conditions, climates or micro-climates across the country or world. Therefore, our company shall solely rely upon the customer(s) to advise us when they would like to order plants, ship plants or receive plants. Unless notified otherwise in writing, our company maintains the right to ship plants or product according to our own shipping time schedule or period.
If customer(s) order(s) any kind of plants during a any 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 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. If we do not agree with the terms written on your check, we may immediately return in for you to amend, correct, or resubmit 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 experts as in doctors, but we define experts as persons who have had life-long exposure to our industry, and our main farmer(s) growing up in the industry and 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.
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 DFF shall not be responsible if that cash is lost, stolen or not received. All customers should only mail us a check, certified check, bank check, tellers check or money order at methods of payment. Not 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 THE 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 a certified expert, shall be limited to replacement or refund not to exceed the original purchase price. DFF shall not be responsible for the results secured in planting 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 the terms and conditions of sale as stated above and below on this public website.
Applicable Law, Court Costs, Attorney Fees and Venue Policy
Only New Jersey state laws shall apply to this agreement. In the event any kind of legal or other dispute arises that involves our company or any of it’s managing members, all parties agree to first consider arbitration, mediation or some other type of appropriate alternative dispute resolution method. Any and all civil litigation or any other type of legal actions of any kind must be filed and heard only in Atlantic County Superior Court in the State of New Jersey. Statute of limitations shall strictly apply to all disputes which must be filed prior to expiration time allowed by law. By placing any kind of order with our company, or your entering any of our farm properties, you hereby agree that should any act of litigation be filed, that you, the customer(s) shall be fully and solely responsible for both your own attorney fees, court costs, filing fees, expert fees, deposition fees, carrier fees, transcript costs, court reporter fees including and all travel, hotel, lodging, meals or any other costs or expenses associated or related to any legal action of any kind against our company or any of it’s managing members, plus you shall also be responsible to pay any legal fees, court costs or any other expenses, or damages that DFF or any of it’s managing members shall suffer as a direct result of any legal actions filed.
Information Collection Policy
Our farm uses information for two general purposes: to fulfill your requests for farm produce or products, and to contact you about the status of your order with our farm; or to call or text you to invite you to pick product when it may be in season. We may also use the information to prospect or solicit for additional future business.
Customer Information, Sharing and Disclosure Policy
Our company will not sell or rent your personally identifiable information to anyone for any reason. Our company shall only send out such information when…
We need to share your information in order to provide the product or service that you have requested.
We need to send the information to companies that work on behalf of our company in order to service a product for you.
We respond only to legitimate court subpoenas, court orders or any other legal process, only if the issuing court does in fact have legal jurisdiction.
We find that any of your actions on our web sites violates our company Terms of Service or any of our usage guidelines for specific products.