1. Ownership and access

This website is owned and operated by Ash Hollow Farm LLC. DBA Blue Pumpkin Seed Co., its owner, and any affiliates are granted permission to access the site. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors an online retail environment to purchase seeds, live plants, and other garden products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

 

2. Eligibility

 

In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. Any payments made through our payment system must be from the rightful account holder of the card, checking account, or 3rd party payment companies.

 

 

 

3. Purchase Agreement

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

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4.Pricing and payments

 

The prices we charge for using our products are listed on the website. We reserve the right to change our prices and rewards program for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the products and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method on file.

 

 

 

5. Returns and shipping

 

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 60 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: custom orders, and sales items. Buyers are responsible for return shipping costs if an order is canceled after it's been scanned and documented as "in transit" by USPS. If the item is not returned in its original condition, the buyer is responsible for any loss in value. Blue Pumpkin Seed Co. is not responsible for replacing any seeds or packages that are lost, damaged, or stolen after they have been marked as delivered by USPS. Blue Pumpkin Seed Co. assumes responsibility from the time an order is placed until it is scanned and documented by USPS as "in transit". 

 

 

 

6. Order issues and claims

 

If your order is missing, go to https://www.usps.com/help/missing-mail.htm and file a claim, or call 1-800-222-1811. They will have the GPS coordinates of the delivery driver in your area and will be able to see where the package was when it was scanned as "delivered". Equally, please reach out to us as we do want to look at each situation holistically, and we still would like to help in any way.

 

When we print out USPS labels, they pre-fill with information the customer entered. We are not responsible for returns due to missing apt. #'s, or incorrect addresses. If you wish to cancel your order, please let us know as soon as possible for a full refund. Cancellations cannot be made once the package has shipped. Addresses cannot be changed once the package has shipped. Buyers are responsible for re-shipping costs if the original shipping address was not correct at the time of purchase. 

 

 

 

7. Service changes and terminations

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. 

We reserve the right to refuse service. Any correspondence that displays threats, hostility, or profanity may be saved and used for any potential litigation process. 

 

 

 

8. Seed quality and claims

 

All of our seeds are tested for germination rates by either ourselves (Blue Pumpkin Seed Co., or a third-party vendor. Seeds are labeled with the correct germination rates per the Colorado Department of Agriculture's regulations for us to operate. Germination claims must be communicated to us within 60 days of the purchase date. When we receive a claim that seeds have low or no germination that was purchased from us, we will run a germination test on the seeds from the same batch. If we are able to duplicate the same results, a prompt refund or replacement will be offered, and the listing will be taken down. If we are unable to duplicate the same results, and our germination tests yield results that match the germination, we reserve the right to refuse a refund or exchange. If we replace seeds due to poor germination results from our tests, we are responsible for paying for the shipment of the replaced products to the customer.

 

We cannot accept returned seeds that have been planted, soaked, damaged by the buyer, or altered in any way from their original state. Equally, we cannot accept partial bags of seeds for returns. Any returns must have the original seeds in the condition for which the buyer received them. We are not responsible for seeds that do not germinate due to buyers who do not follow the instructions provided. Situations include, but are not limited to: Lack of a heat mat/germination mat for seeds that require warm soil to germinate, seeds that have rotted/fermented due to a lack of drainage holes in the vessels for which they were sown/planted/started, seeds not germinating due to soil drying out, seed sprouts that are burnt if they were not "hardened off" in the correct manner, seeds that were not stratified/cold stratified when the instructions stated to do so, or seeds that were purchased outside of buyers growing or hardiness zone.

 

 

 

9. Plant outcome and limitations

 

When a buyer purchases seeds, they assume any risk of growing seeds that may not be suitable for their growing zone. We encourage customers to check their hardiness zone to ensure they are growing the proper varieties for their respective zones. The buyer purchases seeds at their own risk with the intention of following the instructions and growing the seeds to the best of their abilities with the instructions provided. If you experience any alleged germination issues, please let us know within 60 days of your purchase date. Please contact us as soon as you notice any germination challenges, we are happy to help to make sure you have successful germination.

 

Once a seed sprouts and appears healthy, Blue Pumpkin Seed Co. is not responsible for the plant's outcome. We assume responsibility from the time the seeds are planted till the time a healthy seedling emerges.  Any unsatisfactory conditions that occur after a seed has successfully sprouted and is healthy,  are considered natural or environmental factors provided by the grower. These include any diseases from the soil, incorrect soil, abnormalities, blossom end rot, pest damage, pet damage, sun damage, overwatering, underwatering, hardening off too quickly, not hardening off at all, conditions that arise from not fertilizing applicable varieties, lack of performance as far as fruit production due to fertilization issues, rate of growth, sun exposure, etc. we always encourage customers to adhere to the instructions as closely as possible for successful yields. 

 

Plant production results can vary due to soil types, sun exposure, fertilizers used, germination process, plant spacing, temperature conditions, etc. Blue Pumpkin Seed Co. does not guarantee any specific shape, color, size, or number of fruits. These outcomes are a combination of growing conditions, location, and care provided by the buyer. Blue Pumpkin exhausts every effort to make sure customers are able to reach us for assistance or suggestions regarding growing instructions, tips, or best practices for growing their seeds. 

 

 

 

10. Intellectual property

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Blue Pumpkin Seed Co. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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Images, videos, text, or intellectual property presented on this site are the property of Blue Pumpkin Seed Co. Any copying, use, or replication without permission is subject to possible litigation. 

 

 

 

11. Termination and Indemnification

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

You agree to indemnify and hold Blue Pumpkin Seed Co. and its owners, operators, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Blue Pumpkin Seed Co., its owners, operators, or affiliates, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

 

 

12. Limitation of Liability

 

To the maximum extent permitted by applicable law, Blue Pumpkin Seed Co., its owners, operators, or affiliates assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

 

 

13. Modification of Terms

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

14. Promotional Communications

 

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages regarding your order only). If you don't want to receive such promotional materials or notices – please just notify us at any time. You will not receive spam, and we will never sell your information to any 3rd parties. 

 

15. Governing Law and Jurisdiction

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America / Colorado, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the city of Colorado Springs. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

 

16. Customer Support

 

Customers/buyers/purchasers have access to Blue Pumpkin Seed Co. via chat or email at any time. Owner, operators, or affiliates will respond to customers' questions, inquiries, and requests as soon as possible during business hours. 

 

 

17. Community Participation

 

Users of this site that join a community have a public profile that is publicly visible to site visitors, and their public activity (such as their posts or comments) will be visible to other visitors of the website. We encourage users who post reviews, statements, or inquiries not to divulge any personal information. Blue Pumpkin Seed Co. does not assume any responsibility for any personal information or negative consequences that arise from personal information being divulged by a member/user.

 

A user of the website can always opt out and exit the community, and upon doing so, such a user’s profile will not be publicly visible. Naturally, in such an event, the user will not be able to use the community features (e.g. liking, commenting, or writing posts).

 

Updated 3/4/2022

 

 

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