Terms and Conditions
Willis Orchard Company – Limited Warranty - Terms and Conditions
The bottom line is we want your business, and we want you to be satisfied. Willis Orchard Company is a trusted online web-based company that offers quality products at affordable prices. We are a family-owned and managed company that operates and practices ethical business standards. You can shop with confidence as SSL security for data and electronic transactions are continually monitored. Our website is easily navigated and user friendly but if for any reason you have difficulty contact our excellent customer service staff to assist you.
Now let’s get down to the nitty-gritty of our procedures.
Shipping/Delivery Damage; Errors or Missing Item, Damaged, or Unsatisfactory Product
Our main objective is to ship your order accurately and for it to arrive in good condition. We ship the day that we dig to assure that the order goes out fresh. We wrap the bare roots of the trees, plants and vines with moisture gel for travel. You should be ready to plant them when they arrive. If you are not ready to plant outside or are located in an area of the country where the weather is not right for planting, be prepared to bring in and store.
Life isn’t perfect, accidents and things can happen so if your delivery is damaged during shipping, is missing product, or contains damaged or unsatisfactory products, please contact us within 3 days of delivery. We will ask questions, ask you to save the damaged box and ask for pictures so that we can see what you see and can make it right!
Availability of trees and plants is limited. If an item that has been damaged is no longer in stock and not available at the time you report an issue, we will offer a resolution with the choice of:
- 1) A substitute that is similar and equal in value.
- 2) A credit on account equal to 100% of the purchase price paid for that item.
- 3) A refund for the full purchase price paid for that item.
Limited Warranty Guarantee
Since Willis Orchard Company strives to provide customers with a quality product at affordable prices, we make our warranty fairly simple. If your product has failed to survive due to natural causes, please contact us within one year of delivery. We do not refund failed trees/plants. We do not refund or replace shipping. We will issue a one-time merchandise credit to your account equaling 100% of the original product purchase price that you paid. Your credit is good from the date it is issued for purchasing product only on your next visit. A merchandise credit cannot be used for shipping.
If you suspect that your tree or plant has not survived, we will ask questions and we will require photo verification, including evidence that you have performed a "scratch test". Once we receive your photos, we will issue your account credit. The account credit will remain on file from the date it is issued for product only on your next purchase. We do not refund failed trees/plants. We do not refund or replace shipping. A merchandise credit cannot be used for shipping.
Some trees and plants are shipped in a dormant state without leaves. These plants are generally less prone to transplant shock and have excellent planting success. Often these plants will take much longer to awaken in the spring than an existing tree or plant. If you have questions or concerns, please contact us and we’d be happy to assist you and answer all your questions.
Items not covered by the warranty guarantee are:
- Strawberry plants which are annual plants.
- Loss of a limb or branch of any tree and more specifically multi-grafted trees sold and warrantied as 4-in-1 or 3-in-1 trees. A loss of an individual graft or branch does not warrant a whole tree loss.
- Any item discounted from the regularly published price unless authorized by Willis Orchard Company.
- Items grown outside their recommended USDA growing zones.
- Willis Orchard Company products that have been sold via reseller.
General Terms and Conditions
All orders are custom made and unique to the individual order that is placed and purchased by the customer. The price of an item at the time of purchase is final and binding when payment is received. Any price increase or decrease for any item is non-applicable and non-refundable.
An order is not binding upon Willis Orchard Company until it is accepted by payment. Payment for all products must be made prior to shipment unless different arrangements are made.
Orders placed by online purchase will be charged within 24 hours of purchase. Any cancellation or change made prior to the charge will be voided. Any cancellation or change made after the end of business hours (6:00PM Eastern) on the day the order was charged will be assessed the greater of a $10.00 cancellation fee or 10% of the purchase price.
Orders placed by telephone purchase by a customer service representative will be required to review the invoice and terms and conditions and then complete and return an authorization to charge form via email, mail or fax before the order is binding. Once the paperwork is complete and the card is charged any cancellation made after the end of business hours (6:00PM Eastern) on the day the order was charged will be charged the greater amount of a $10.00 cancellation fee or 10% of the purchase price.
Orders made by wire transfer or with check or money order are also subject to a cancellation fee which will be the greater amount of a $10.00 cancellation fee or 10% of the purchase price.
Orders that are shipped and refused at delivery, returned after accepting delivery, and/or canceled after shipping from our facility will forfeit the shipping fees incurred and will be charged the greater of a $20 restocking fee or 20% of the purchase price.
Orders placed for pick up will have sales tax applied.
Governing Law and Jurisdiction / Chargeback Agreement
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between WILLISORCHARDS.COM and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. WILLISORCHARDS.COM and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Georgia, Bartow County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against WILLISORCHARDS.COM that is more than one year after the date of the applicable invoice. The Customer also agrees not to attempt credit card chargeback after 3 (three) days of receipt of goods. A customer should bring any dispute or discrepancy to the attention of Willis Orchard Company within 3 (three) days of delivery of goods. Any dispute or discrepancy that arises should be formally documented in writing or email, as well as by phone.
These terms and conditions, together with WILLISORCHARDS.COM's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between WILLISORCHARDS.COM and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between WILLISORCHARDS.COM and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.