PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BrandywineTrees.com. The collective work includes works that are licensed to BrandywineTrees.com. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BrandywineTrees.com or purchasing BrandywineTrees.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BrandywineTrees.com or to purchase BrandywineTrees.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BrandywineTrees.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of BrandywineTrees.com used in the site are trademarks or registered trademarks of BrandywineTrees.com and Brandywine Trees, LLC
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. All website images and photos are general representations of a product type, and are Not actual representations of the exact physical products being delivered. Trees can vary by color, shape, density and flowering.
To the fullest extent permissible pursuant to applicable law, BrandywineTrees.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
BrandywineTrees.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BrandywineTrees.com does not make any warranties or representations regarding the use of the materials or information in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Once trees have been purchased and delivered to the client’s location, the proper planting, placement, watering, survival, and care of the trees becomes the full 100% responsibility of the buyer.
Payment for all tree sales is required 100% upfront. All sales and sales agreements whether solely conducted online, researched online, or consummated in person are legally binding and final. We only deliver within a 35 miles radius of Paoli, PA 19301, and any order for trees outside our delivery area may be refused and cancelled.
The delivery process for our trees starts immediately upon the customer agreeing to buy our tree products. The tree selection, preparation, handling, and delivery processes are extensive and no actions will occur until full payment is received. Tree sales reserve our tree stock for that particular customer precluding others from purchasing that same desired tree stock.
All sales are final! Any adjustments or credits are at the sole discretion of the seller, and a $25.00 restocking charge per tree + any pickup charges will apply for all trees cancelled and already pulled for delivery to that customer.
Product Size Substitution We reserve the right to substitute a product size ordered by a customer at the same price, if a smaller pot/ tree bag of the same exact tree variety offers the customer with a larger, better specimen, and higher value for them. We select our best and choose from the top of our available specimens. For example, a customer may ordered a 10 gal size of a particular tree variety but we may have larger and better specimens in the 7 gal size so we offer this as a better specimen at the same price.
Limitation of Liability
BrandywineTrees.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BrandywineTrees.com has been advised of the possibility of such damages. Any proven liability or damages of any kind will be solely limited to the replacement value of any tree specimen at the full discretion of Brandywinetrees.com
In the event that a BrandywineTrees.com product is mistakenly listed at an incorrect price, BrandywineTrees.com reserves the right to refuse or cancel any orders placed for that product listed at the incorrect price. BrandywineTrees.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BrandywineTrees.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BrandywineTrees.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
BrandywineTrees.com may deliver notice to you by means of e-mail, text message to your order listed phone number, a general notice on the site, or by other reliable method to the address you have provided to BrandywineTrees.com.
Your use of this site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BrandywineTrees.com products) shall be in the state or federal courts located in Wilmington, Delaware. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BrandywineTrees.com products) must be commenced within one (1) year after the claim or cause of action arises.
BrandywineTrees.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BrandywineTrees.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BrandywineTrees.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
BrandywineTrees.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BrandywineTrees.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BrandywineTrees.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BrandywineTrees.com in its sole discretion.
You agree to indemnify, defend, and hold harmless BrandywineTrees.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, BrandywineTrees.com may link to sites operated by third parties. However, even if the third party is affiliated with BrandywineTrees.com, BrandywineTrees.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BrandywineTrees.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BrandywineTrees.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).