Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by La Madrina’s Nursery. Throughout the site, the terms “we,” “us,” and “our” refer to La Madrina’s Nursery.
By visiting our website, placing an order, purchasing from us, or otherwise using our website or services, you agree to these Terms of Service and any policies referenced within them, including our Return & Refund Policy, Shipping Policy, and Privacy Policy.
Please review these Terms before completing a purchase.
1. ONLINE STORE USE
You may use this website only for lawful purposes.
You may not attempt to interfere with, damage, disable, or gain unauthorized access to our website, accounts, payment systems, or other technology. This includes introducing malicious software or code, attempting unauthorized access, or otherwise interfering with the normal operation or security of the website.
2. HANDMADE & ARTISAN PRODUCTS
Many products sold by La Madrina’s Nursery are individually handmade, hand-painted, hand-finished, fired, carved, molded, glazed, or otherwise crafted by artisans.
No two handmade pieces are guaranteed to be identical.
Variations may include differences in color, shade, glaze, paint, texture, pattern, finish, shape, dimensions, weight, symmetry, brushwork, and surface appearance.
Handmade merchandise may also contain characteristics such as:
• minor scratches, scuffs, or nicks
• pits, indentations, bumps, or rough areas
• uneven paint or brushstrokes
• glaze drips, bubbles, pinholes, or crazing
• firing or kiln marks
• exposed clay or material
• discoloration or natural material variation
• uneven edges or slight asymmetry
• differences in thickness, shape, or texture
These characteristics may be normal results of handmade production and are not automatically considered defects or damage.
Purchases are also subject to our Return & Refund Policy, which contains additional information regarding handmade merchandise.
3. PRODUCT PHOTOS & DESCRIPTIONS
We make reasonable efforts to accurately photograph and describe our merchandise.
Because many products are handmade, the product received may vary from the item photographed unless the listing specifically states that the exact item shown will be shipped.
Colors may appear differently depending on lighting, photography, screen settings, and natural product variation.
Measurements, dimensions, and weights are approximate unless specifically stated otherwise.
4. PRICING
Prices may change without notice.
Applicable sales tax, shipping, delivery, handling, or other charges may be added at checkout when applicable.
We reserve the right to correct pricing errors, typographical errors, inaccurate product descriptions, inventory mistakes, or other listing errors.
If an error materially affects an order, we may contact the customer, correct the order, or cancel and refund the affected portion as appropriate.
5. ORDERS
Submitting an order does not guarantee acceptance.
Where permitted by law, La Madrina’s Nursery may refuse, limit, or cancel an order for legitimate business reasons, including:
• suspected fraud or unauthorized payment
• incorrect pricing or listing information
• inventory errors
• inability to fulfill the order
• shipping restrictions
• duplicate or suspicious transactions
• violation of these Terms
If we cancel an order after payment has been collected and the merchandise has not been provided, the applicable amount will be refunded.
6. PAYMENT INFORMATION
Customers are responsible for providing accurate billing, shipping, contact, and payment information.
By submitting a payment method, you represent that you are authorized to use it.
Payments may be processed by third-party payment providers.
7. SALES TAX
Applicable sales tax will be collected when required by law.
Customers are responsible for any applicable taxes, duties, or other charges associated with their purchase where required.
8. SHIPPING & DELIVERY
Customers are responsible for entering a complete and accurate delivery address before submitting an order.
La Madrina’s Nursery is not responsible for delays caused by shipping carriers, severe weather, transportation interruptions, natural disasters, or other circumstances outside our reasonable control.
Customers should review tracking information and promptly report delivery or shipping concerns.
Additional shipping terms may be contained in our Shipping Policy.
9. DAMAGE CLAIMS
Claims involving merchandise believed to have been damaged during shipping are subject to the procedures and documentation requirements contained in our Return & Refund Policy.
We may request reasonable documentation including:
• photographs
• videos
• original image or video files
• photographs of packaging
• shipping information
• photographs of shipping labels
• additional documentation reasonably necessary to review the claim
Customers must retain the merchandise, shipping box, and packaging while a claim is being reviewed.
10. PHOTO & VIDEO AUTHENTICITY
Any photographs, videos, documents, or other evidence submitted in connection with an order claim must accurately represent the merchandise and its condition as received.
Evidence that has been materially altered, fabricated, staged, digitally manipulated, AI-generated, AI-modified, or otherwise misrepresented may be rejected when evaluating a claim, to the extent permitted by applicable law.
La Madrina’s Nursery may request original files or additional documentation when reasonably necessary to verify a claim.
We may also maintain photographs, videos, packing records, shipping records, and other documentation showing merchandise before shipment.
11. RETURNS, REFUNDS & FINAL SALE
ALL SALES ARE FINAL except where otherwise stated in our Return & Refund Policy or required by applicable law.
Returns, exchanges, refunds, store credit, cancellations, damaged merchandise, and handmade-product characteristics are governed by our separate Return & Refund Policy.
Customers are responsible for reviewing that policy before completing a purchase.
California permits retailers to maintain limited or no-refund policies when properly disclosed, although certain consumer and warranty rights may still apply.
12. CANCELLATIONS
Orders cannot be canceled once they have reached the processing stages described in our Return & Refund Policy.
Custom orders, special orders, preorders, personalized merchandise, made-to-order merchandise, and specially sourced products may become non-cancelable once sourcing, production, preparation, or other work has begun.
13. UNAUTHORIZED RETURNS & REFUSED DELIVERIES
Merchandise may not be returned without authorization where authorization is required by our policies.
Refusing delivery, sending merchandise back without approval, abandoning a shipment, or returning an order to sender does not automatically create a right to a refund, exchange, replacement, or store credit.
Any such order remains subject to our Return & Refund Policy and applicable law.
14. FRAUDULENT CLAIMS & PAYMENT DISPUTES
Customers agree not to knowingly submit false or misleading claims regarding:
• merchandise condition
• delivery
• payment authorization
• shipping damage
• missing merchandise
• order contents
Nothing in these Terms prevents customers from exercising legitimate rights available through their financial institution, payment provider, or applicable law.
When reasonably necessary to respond to a payment dispute or claim, La Madrina’s Nursery may provide relevant documentation such as:
• order records
• product photographs
• videos
• product descriptions
• tracking information
• delivery confirmation
• customer communications
• store policies
• packing documentation
15. INTELLECTUAL PROPERTY
Original content belonging to La Madrina’s Nursery, including photographs, videos, logos, graphics, branding, product descriptions, written content, and other original materials, may not be copied, reproduced, republished, commercially exploited, or used to falsely represent another business without authorization.
16. PROHIBITED USES
You may not use our website or services to:
• commit or facilitate fraud
• provide knowingly false information
• impersonate another person or business
• attempt unauthorized access to our systems
• interfere with website security or operation
• introduce malicious software or code
• infringe intellectual property rights
• engage in unlawful activity
• abuse, threaten, or harass others
We may restrict access where reasonably necessary to protect our business, customers, systems, or legal rights.
17. THIRD-PARTY SERVICES
Our website may use services provided by Shopify, payment processors, shipping companies, social media platforms, and other third parties.
Those companies may maintain their own terms, policies, and privacy practices.
La Madrina’s Nursery is not responsible for the independent acts, omissions, systems, or policies of third-party providers to the extent permitted by law.
18. WEBSITE AVAILABILITY
We do not guarantee that our website will always operate without interruptions, delays, technical problems, or errors.
We may temporarily suspend, modify, or discontinue portions of the website when reasonably necessary.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, La Madrina’s Nursery will not be responsible for indirect, incidental, special, or consequential losses arising solely from use of the website or circumstances outside our reasonable control.
Nothing in these Terms limits liability or consumer rights that cannot legally be limited or waived.
20. SEVERABILITY
If any portion of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
21. NO WAIVER
Failure to immediately enforce any provision of these Terms does not waive our right to enforce that provision later.
22. CHANGES TO THESE TERMS
We may update these Terms from time to time.
Any updated Terms will become effective when posted to our website unless otherwise required by law.
The Terms applicable to a transaction will generally be those in effect at the time the transaction was completed.
23. GOVERNING LAW
These Terms are governed by the laws of the State of California, subject to any consumer protections or other rights that cannot legally be waived.
24. CONTACT INFORMATION
Questions regarding these Terms of Service may be submitted through the contact information provided on the La Madrina’s Nursery website.
25. ENTIRE AGREEMENT
These Terms of Service, together with our Return & Refund Policy, Shipping Policy, Privacy Policy, and any other policies expressly referenced on our website, govern purchases and use of the La Madrina’s Nursery website.
Nothing in these Terms limits any rights or remedies that cannot legally be waived under applicable law.