Effective date: June 26, 2026
These Terms of Service (“Terms”) govern your access to and use of the website at heritagehillnurseryinc.com (the “Site”) and any purchases you make from Heritage Hill Nursery, Inc. (“Heritage Hill Nursery,” “we,” “us,” or “our”). By accessing or using the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Eligibility and accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate and complete information and to keep it up to date. Please notify us promptly of any unauthorized use of your account.
2. Products, availability, and pricing
We sell live plants, garden products, gift certificates, and related goods and services. Because our products include living plants, size, color, form, and availability vary naturally and by season, and the plant you receive may differ in appearance from photographs on the Site. We make reasonable efforts to display products and prices accurately, but we do not warrant that product descriptions, pricing, or other content are error-free. Prices and availability are subject to change without notice. We reserve the right to limit quantities, correct errors, and refuse or cancel any order, including after an order has been submitted.
3. Orders and payment
When you place an order, you make an offer to purchase the products in your cart. Your order is accepted when we confirm it and process payment. Payment is processed securely through our third-party payment providers, PayPal and WooCommerce Payments. You represent that you are authorized to use the payment method you provide. If we cannot fulfill an order or any part of it, we will notify you and issue a refund for the affected items.
4. Shipping, delivery, and pickup
Shipping options, costs, and estimated timeframes are presented at checkout. Because live plants are perishable and sensitive to weather and seasonal conditions, shipping may be scheduled for appropriate growing or shipping windows, and delivery dates are estimates rather than guarantees. Local pickup may be available at our Cedarburg location. Risk of loss passes to you upon delivery or pickup. Please inspect your plants promptly upon receipt.
5. Returns, refunds, and plant warranty
We want you to be satisfied with your purchase. Returns, refunds, and any plant guarantee are governed by our posted warranty and returns policies. Live plants and certain other items may be subject to specific conditions or may be non-returnable. Please review our Warranty Information for details, or contact us at 262-675-0153 or info@heritagehillnurseryinc.com with any questions before purchasing.
6. Gift certificates
Gift certificates purchased through the Site are redeemable toward eligible products and services. Gift certificates are not redeemable for cash except where required by law, and they may be subject to additional terms presented at the time of purchase.
7. Acceptable use
You agree not to use the Site for any unlawful purpose; to interfere with or disrupt the Site or its security; to attempt to gain unauthorized access to any part of the Site; to use automated means to scrape or harvest data; or to submit false, misleading, or infringing content. We may suspend or terminate your access if you violate these Terms.
8. Intellectual property
All content on the Site, including text, graphics, logos, images, and software, is the property of Heritage Hill Nursery, Inc. or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any content on the Site without our prior written permission, except as needed to use the Site for its intended purpose.
9. Disclaimers
The Site and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Because plants are living organisms whose health depends on care, climate, soil, and other factors beyond our control, we do not warrant the survival or performance of any plant except as expressly stated in our warranty policy.
10. Limitation of liability
To the fullest extent permitted by law, Heritage Hill Nursery, Inc. and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of the Site or any products purchased through it. Our total liability for any claim arising out of or relating to these Terms or your purchase will not exceed the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Heritage Hill Nursery, Inc. from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your misuse of the Site.
12. Governing law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Wisconsin, except where prohibited by applicable law.
13. Changes to these Terms
We may revise these Terms from time to time. The most current version will always be posted on this page with an updated effective date. Your continued use of the Site after changes take effect constitutes your acceptance of the revised Terms.
14. Contact us
Heritage Hill Nursery, Inc.
10801 Pleasant Valley, Cedarburg, WI 53012
Phone: 262-675-0153
Email: info@heritagehillnurseryinc.com