Terms & Conditions

Effective Date: [05/04/2025]

Welcome to Tom Gardens! By accessing and using our website (https://www.tomgardens.com), you agree to comply with the following Terms of Service. Please read them carefully before making any purchases. If you do not agree with these terms, you should not use our website or place an order.

1. Acceptance of Terms

By using our website or purchasing our products, you agree to be bound by these Terms of Service, along with our Privacy Policy. We reserve the right to change, modify, or update these terms at any time, and any changes will be posted on this page with an updated effective date.

2. Product Availability

At Tom Gardens, we make every effort to ensure that our products are available for purchase. However, we cannot guarantee the availability of all items at all times. We reserve the right to cancel orders due to product availability issues.

3. Shipping

We take pride in the accuracy of our shipping estimates (over 95% accurate!), though external factors can occasionally cause delays. As these are just estimates, we cannot guarantee exact shipping dates. Shipping live plants comes with its own set of challenges, and occasionally, Mother Nature doesn’t stick to the schedule! In rare cases, we may delay shipping due to severe weather forecasts. Rest assured, we’ll keep you updated… your plants’ health is our top priority.

4. Returns and Refunds

- We offer a 30-day guarantee on the health of your plants. If you receive a damaged or unhealthy plant, please contact our customer service team at support@tomgardens.com with a photo of the damaged plant for assistance. We will provide a one-time replacement or offer a refund as appropriate.

- Return Policy: We do not accept returns of live plants. However, non-plant items, such as gardening tools, fertilizers, and supplies, can be returned within 30 days of purchase, provided they are unused and in their original packaging.

- Refund Processing: Refunds for returns will be processed within 7–10 business days, and credits will be issued to the original payment method.

5. Privacy Policy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our website, you consent to the collection and use of information as described in the Privacy Policy.

6. Prohibited Conduct

By using our website, you agree not to engage in the following actions:

Use the website for any unlawful purpose or in any way that could harm the website or disrupt its functionality.

Attempt to gain unauthorized access to our website or other users’ accounts.

Use our content or products for commercial purposes without proper authorization.

7. Is My Tree Dead or Alive?

To determine if your tree or plant is still growing strong, perform a scratch test. Simply scratch a small area of bark on the trunk with a coin or your fingernail. Unfortunately, if you see brown or black underneath the top layer, it’s most likely dead. But if you see green, your tree is alive and will leaf out again…especially if you’re checking on your tree during fall, winter or early spring. Most trees and plants are in full or partial dormancy during this time. If you’re noticing stalled or stopped growth in the growing season, your tree’s leaves may have dropped as a temporary self-pruning measure. Trees and plants may drop their own leaves after transit, transplant, or just as a reset. Your tree should bounce back soon!

8. Received the Wrong Tree?

We make every effort to accurately label all of our plant varieties. If you receive a mislabeled plant, we will gladly replace your order at no cost to you. Just reach out to customer service and provide photos of the incorrectly labeled items. For further details on our liability, please refer to our Terms of Service.

9.Spring Delivery
Certain trees and plants are sensitive to cold, so it’s best to ship them during months with milder temperatures. Items shipped in the spring are clearly marked on their product pages. Additionally, Northern States that only offer spring shipments are also indicated. While most trees and plants can be safely planted year-round, some gardeners prefer to plant during warmer seasons. If you'd like to adjust your delivery date, feel free to email us at support@tomgardens.com. We’re happy to accommodate your preferred timing

10. Contact Us

If you have any questions or concerns regarding these Terms of Service, please feel free to contact us at:

Tom Gardens

Email: support@tomgardens.com

Phone: 305-704-8828

Address: 19775 SW 296 Street Homestead, FL 33030