Terms and Conditions

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.


Order Acceptance
Your receipt of an e-mail order confirmation does not signify our acceptance of your order, nor does it confirm our offer to sell any products to you. Eastern Leaf reserves the right to accept or decline your order for any reason at any time. In some cases, additional verification is needed before your order can be accepted. If additional information is required, we will attempt to contact you via e-mail or phone using the information you provided with your order. Shipping and delivery times given on our site will not take effect until your order is approved. If we are unsuccessful in our attempts to contact you, we have the right to refuse or cancel your order regardless of whether or not your order has been confirmed with a confirmation e-mail.


Returns Policy - General Products (excluding live plants)
Within 30 days after delivery of your order, you may return the item(s) purchased directly from Eastern Leaf, for a full refund or exchange. Eastern Leaf will not accept returns of the following: (a) any item that is returned more than 30 days after delivery; or (b) any item that is not in its original condition, is damaged, or is missing parts. To return an item for a refund or exchange, please call us at 1-888-684-8377 or email support@easternleaf.com to arrange a return shipping label.

Items must be returned to Eastern Leaf, 4789 Cheyenne Way, Chino, CA 91710, USA. Please include your packing slip with the return. Shipping and handling fees are non-refundable.


Returns Policy - Live Plants
Due to the perishable nature of live plants, if an item you receive is damaged or defective, please notify us WITHIN 7 DAYS OF RECEIPT. Call us between 9am and 5pm Pacific Standard Time or send an email to support@easternleaf.com to arrange the return or replacement of a defective item. Items must be returned to us to qualify for a refund or exchange. Please understand that we cannot be responsible for extreme weather or improper care.

Incorrect/Incomplete Addresses resulting in Undeliverable/Delayed Package:
Because of the perishable nature of our products, shipments to incorrect addresses will void Eastern Leaf Live Plant Guarantees.


Copyright
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 Eastern Leaf Inc.. The collective work includes works that are licensed to Eastern Leaf Inc.. Copyright 2004-2007, Eastern Leaf Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Eastern Leaf Inc. or purchasing Eastern Leaf Inc. 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 Eastern Leaf Inc. or to purchase Eastern Leaf Inc. 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 Eastern Leaf Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Eastern Leaf Inc. used in the site are trademarks or registered trademarks of Eastern Leaf Inc.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Eastern Leaf Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Eastern Leaf Inc. 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. Eastern Leaf Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Eastern Leaf Inc. 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 Eastern Leaf Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Eastern Leaf Inc. product is mistakenly listed at an incorrect price, Eastern Leaf Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Eastern Leaf Inc. 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, Eastern Leaf Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
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 Eastern Leaf Inc. 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.


Notice
Eastern Leaf Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Eastern Leaf Inc..


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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 Eastern Leaf Inc. products) shall be in the state or federal courts located in San Bernardino County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Eastern Leaf Inc. products) must be commenced within one (1) year after the claim or cause of action arises.

This Web site (exclusing linked sites) is controlled by Eastern Leaf, Inc. from its offices with the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web site both you and Netscape agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web site.

You and Eastern Leaf also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Bernardino and the United States District Court for the Southern District of California with respect to such matters.

Eastern Leaf Inc.'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. Eastern Leaf Inc. 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 Eastern Leaf Inc. 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.


Participation Disclaimer
Eastern Leaf Inc. 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, Eastern Leaf Inc. 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, Eastern Leaf Inc. 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 Eastern Leaf Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Eastern Leaf Inc., 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.


Third-Party Links
In an attempt to provide increased value to our visitors, Eastern Leaf Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Eastern Leaf Inc., Eastern Leaf Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Eastern Leaf Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Eastern Leaf Inc. 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).