Terms of Service

BerryKing.com – Terms of Service

Effective Date: [Insert Date] Berry King is a DBA of Dutch Roots Corporation, 4824 Starcrest Drive, Monroe, NC.

1. Acceptance of Terms

By accessing or using BerryKing.com (the “Site”), purchasing products from us, or interacting with any services we provide (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Site or purchase our products.

BerryKing.com sells and ships live plants, which are perishable, living organisms subject to natural variability. By purchasing from us, you acknowledge and accept the unique risks associated with live plant material.

2. Eligibility

You must be at least the age of majority in your state or province to make purchases on this Site. By using the Site, you represent that you meet this requirement.

3. Product Descriptions & Live Plant Variability

We make every effort to describe and photograph products accurately. However:

  • Live plants vary in size, shape, color, and appearance.

  • Photos may show mature plants; shipped plants may be smaller, dormant, pruned, or not yet leafed out.

  • Growth rates, fruiting, and performance depend on climate, soil, care, and environmental conditions outside our control.

We do not guarantee specific growth outcomes, fruit production, or survival beyond our stated policies.

4. Ordering, Payment & Cancellations

4.1 Order Processing

Orders are processed promptly to ensure plant freshness. Payment is due at checkout.

4.2 Cancellations

Because live plants are prepared and packed quickly:

  • Orders may be canceled within 4 hours of purchase.

  • After 4 hours, cancellations may not be possible.

  • If accepted, cancellations may incur a restocking fee of up to 25% of the order value.

5. Shipping & Delivery

5.1 Shipping Live Plants

We ship plants during appropriate planting windows and take great care in packaging. However, transit conditions are outside our control.

5.2 Weather Delays

We may delay shipping due to extreme temperatures or weather conditions to protect plant health.

5.3 Damaged Shipments

If your order arrives damaged:

  • Contact us within 3 days of delivery.

  • Provide photos of the box, packaging, and plant(s).

  • Save all packaging until your claim is resolved.

Failure to notify us within 3 days voids eligibility for replacement consideration.

6. Returns & Replacements

Because live plants cannot be resold or returned to our facility:

  • We do not accept returns of live plants.

  • If a plant arrives dead or severely damaged, we may offer a one‑time replacement or store credit, at our discretion.

  • Shipping costs are non‑refundable.

  • Replacement shipping costs may be the customer’s responsibility.

Plants that fail due to improper care, planting outside recommended zones, weather, animals, drought, flooding, or neglect are not eligible for replacement.

7. Plant Health, Dormancy & Scratch Test

Many plants ship dormant during fall–spring. Dormant plants may appear leafless, brown, or dry—this is normal.

Before submitting a claim, customers must perform a scratch test (scratching a small area of bark to check for green tissue). Dormant plants are not considered dead until planted and given adequate time to break dormancy.

8. Customer Responsibilities

By purchasing from BerryKing.com, you agree to:

  • Plant your items promptly upon arrival.

  • Follow proper planting and care instructions.

  • Verify your USDA growing zone and ensure plant suitability.

  • Protect plants from extreme weather, pests, and improper conditions.

We are not responsible for plant loss due to improper care or environmental factors.

9. Pricing & Availability

All prices are subject to change without notice. Product availability is not guaranteed. If an item is unavailable after purchase, we may offer:

  • A similar substitute,

  • Store credit, or

  • A refund for the unavailable item.

10. Intellectual Property

All content on the Site—including text, images, logos, graphics, and product descriptions—is the property of Dutch Roots Corporation and may not be copied, reproduced, or used without written permission.

11. Prohibited Uses

You may not use the Site:

  • For unlawful purposes

  • To violate intellectual property rights

  • To transmit malware or harmful code

  • To scrape, crawl, or harvest data

  • To interfere with Site security or functionality

We may terminate access for violations.

12. Disclaimer of Warranties

The Site and all products are provided “as is” and “as available.” We make no guarantees regarding:

  • Plant survival after delivery

  • Growth rate, fruiting, or performance

  • Suitability for specific climates or microclimates

  • Accuracy of third‑party information or recommendations

13. Limitation of Liability

To the fullest extent permitted by law:

Berry King / Dutch Roots Corporation’s total liability for any claim, loss, or dispute shall not exceed the total purchase price of the order in question.

This limitation applies to all claims, including but not limited to:

  • Contract

  • Negligence

  • Warranty

  • Tort

  • Strict liability

We are not liable for indirect, incidental, punitive, or consequential damages.

14. Indemnification

You agree to indemnify and hold harmless Dutch Roots Corporation, its owners, employees, and affiliates from any claims arising from your use of the Site, your breach of these Terms, or your misuse of products.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to conflict‑of‑law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in North Carolina, and you consent to this jurisdiction.

16. Changes to Terms

We may update these Terms at any time. Continued use of the Site constitutes acceptance of the updated Terms.

17. Contact Information

Dutch Roots Corporation (dba Berry King) 4824 Starcrest Drive Monroe, NC Email: [Insert Contact Email] Phone: [Insert Phone Number]

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