Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the SmartyPlants Nursery + Cafe website and your purchase of any plants, products, or services from us. By browsing this site or placing an order, you agree to these Terms. If you don't agree, please don't use the site.

"SmartyPlants," "we," "us," and "our" mean SmartyPlants Nursery + Cafe, 1515 N. Dixie Hwy, Lake Worth Beach, FL 33460. "You" means the person using the site or placing an order.

Eligibility

You must be at least 18 years old, or have a parent or legal guardian's consent, to place an order or enter into an agreement for design or installation services.

Plants, products, and availability

Plants are living goods. Size, form, leaf count, color, and bloom state vary plant to plant and change with the season — photographs and descriptions on this site are representative, not exact. We describe our inventory as accurately as we can, but we don't warrant that any description, price, or image is complete, current, or error-free.

All inventory is subject to availability. If an item is unavailable after you order, we'll reach out to substitute a comparable item, hold the order, or cancel and refund that item.

Pricing and payment

Prices are in U.S. dollars and may change without notice. Applicable Florida sales tax is added at checkout. We may correct pricing or typographical errors and cancel any order affected by one, even after it's confirmed — if we do, you'll get a full refund for that order.

Payment is due in full at the time of purchase unless we've agreed otherwise in writing. Card payments are processed by our third-party payment processors; we don't store full card numbers.

Orders, pickup, and delivery

An order confirmation acknowledges that we received your order; it isn't acceptance until we confirm availability and charge your payment method. We may limit or cancel quantities, refuse an order, or cancel an order we believe is fraudulent.

Pickup orders are held for 7 days unless we agree to a longer hold. Delivery windows are estimates, and delivery fees depend on distance and order size. Someone must be available to receive plants at delivery — once plants are delivered or picked up, their care and condition are your responsibility.

Returns

All sales are final. Because our items are perishable living goods, we don't accept returns, exchanges, or refunds except for a genuine product deficiency confirmed by our staff. See our Return Policy for the full terms and how to report an issue.

Plant care and no guarantee of survival

We inspect every plant before it leaves us and we'll tell you exactly what it needs. After that, a plant's health depends on watering, light, soil, drainage, weather, pests, and handling — all outside our control. We don't guarantee that any plant will survive, thrive, bloom, or reach a particular size. Ask us anything; care guidance is free.

Design, installation, and sourcing services

Design, installation, plant sourcing, and trade services are quoted separately in a written proposal or estimate. That proposal's scope, price, timeline, deposit, and cancellation terms govern the project and, where they conflict with these Terms, the proposal controls.

Renderings, plans, and plant lists are creative concepts, not construction documents, and substitutions may be needed based on availability, site conditions, or permitting. Unless we state otherwise in writing, we don't perform utility location, drainage engineering, irrigation permitting, or structural work, and you're responsible for property access, HOA or municipal approvals, and disclosing anything below grade.

Design documents and renderings we produce remain our intellectual property and are licensed to you for use on your property.

Events, classes, and the cafe

Event and class tickets are non-refundable but transferable up to 24 hours before the start time. If we cancel an event, you'll be offered a refund or credit. Events are held outdoors and may be rescheduled for weather. Cafe and food items are prepared fresh and are not returnable.

Gift cards and store credit

Gift cards and store credit don't expire, can't be redeemed for cash except where Florida law requires it, and are void if obtained fraudulently. We're not responsible for lost or stolen gift cards.

Using this site

All content on this site — text, photography, illustrations, logos, the SmartyPlants name and wordmark, and the arrangement of it all — belongs to SmartyPlants or our licensors and is protected by copyright and trademark law. You may browse, share links, and print pages for personal use. You may not copy, scrape, resell, or use our content or marks commercially without our written permission.

Don't use this site to break the law, interfere with its operation, attempt unauthorized access, upload malicious code, or collect data about other users.

Reviews and anything you submit

If you send us a review, photo, comment, or suggestion, you give us a non-exclusive, royalty-free, worldwide license to use, display, and adapt it in our marketing with credit to your first name where practical. Submit only content that's yours to share. We may remove submissions at our discretion.

Third-party links and services

This site links to third-party sites and uses third-party services for payments, scheduling, email, and analytics. We don't control those services and aren't responsible for their content, terms, or privacy practices.

Disclaimer of warranties

Except where the law says otherwise, the site, our products, and our services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the site will be uninterrupted, secure, or error-free.

Limitation of liability

To the fullest extent permitted by law, SmartyPlants and its owners, employees, and contractors are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, property damage, or personal injury arising from your use of the site, our products, or our services. Our total liability for any claim is limited to the amount you paid us for the product or service the claim relates to.

Indemnification

You agree to indemnify and hold SmartyPlants harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the site, or your violation of any law or third-party right.

Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to their jurisdiction. Before filing anything, email us — most issues are faster to fix directly.

Changes to these Terms

We may update these Terms at any time. The updated version takes effect when posted, and the version in effect at the time of your purchase applies to that order. If a provision is found unenforceable, the rest stays in effect.

Contact

SmartyPlants Nursery + Cafe · 1515 N. Dixie Hwy, Lake Worth Beach, FL 33460 · hello@smartyplantsfl.com · (561) 540-6296