Sales Policy

Effective Date: January 16, 2025

Tophato is committed to ensuring a smooth and enjoyable shopping experience for all our customers. This Sales Policy outlines the terms and conditions that govern the sale of our products through our website, tophato.com. By placing an order with us, you are agreeing to comply with this policy. Please read it thoroughly before completing a purchase.

Product Information and Representation

We make every effort to provide accurate descriptions and images of our plants, but please note the following:

  • Natural Variation: Plants are living organisms and will exhibit individual variations in size, shape, color, and foliage. The plant you receive may not exactly match the image displayed on our website.

  • Photography: We strive to represent our plants accurately through photographs. However, differences in monitor settings, lighting conditions, and other factors may impact the way colors and appearance are displayed on your screen.

  • Availability: All plants are subject to availability. If a product is out of stock after you place an order, we will notify you promptly and provide options such as a full refund, an exchange, or a delayed delivery date.

  • Plant Sizes: Plant sizes provided are approximate and may vary slightly. We provide ranges for plant sizes, and the plant you receive will be within this range.

Ordering Process

When placing an order with Tophato, please be aware of the following:

  • Order Placement: By placing an order, you are making an offer to purchase products at the stated prices and under the conditions described on our website. We reserve the right to refuse or cancel an order for any reason, including but not limited to product unavailability, pricing errors, or payment issues.

  • Order Confirmation: Once we receive your order, we will send you an order confirmation email to the address you provided. This email confirms that we have received your order, but does not mean we have accepted your order.

  • Acceptance of Order: Your order is only accepted when we send you a shipping confirmation email, which means that your items have been dispatched. A legally binding contract is formed when we send you this shipping confirmation.

  • Order Modification or Cancellation: Once an order has been placed, it may not be possible to modify or cancel it due to our quick processing times. If you need to modify or cancel, please contact us immediately, and we will do our best to accommodate your request, but we cannot guarantee success.

  • Account Information: You are responsible for ensuring that all information provided, including contact and billing details, is accurate, complete, and up-to-date. Any incorrect details can lead to processing or delivery issues.

Pricing, Taxes, and Payment

  • Pricing: The prices for our plants are listed on our website and are subject to change at any time, without prior notice. We strive to offer competitive prices, but you should always confirm pricing before completing a purchase.

  • Taxes: All applicable sales taxes will be calculated and added to your order at the checkout, as required by law.

  • Payment Methods: We accept a variety of payment methods, such as major credit cards, debit cards, and other secure online payment options, as specified on our website.

  • Payment Security: We use secure payment processing systems to protect your financial information. All transactions are conducted using encrypted payment gateways to ensure your data is safe and secure.

  • International Payments: If you are purchasing from outside of the United States, you are responsible for any applicable customs duties, taxes, or other import fees. Currency conversion rates will be determined by your chosen financial institution.

Shipping and Delivery

  • Shipping Costs: Shipping costs are determined by the weight of your order, your shipping address, and the delivery method you select. Shipping costs will be displayed at the checkout prior to your placing the order.

  • Delivery Timeframes: We aim to dispatch orders quickly. However, delivery timeframes are estimated and may be affected by circumstances beyond our control, such as severe weather, transit delays, or logistical issues.

  • Shipping Partners: We partner with reputable third-party shipping providers to deliver your orders. Once your order is dispatched and transferred to the shipping provider, we are no longer directly responsible for the delivery process, but we will provide support if needed.

  • Delivery Issues: If you encounter any issues with delivery, such as delays, loss, or damage during transit, please contact us immediately, and we will work with you and the shipping provider to resolve the matter.

  • Shipping Address: It is your responsibility to provide a complete and correct shipping address. We are not liable for delivery issues caused by incorrect addresses provided by you. If a package is undeliverable due to an address issue and needs to be reshipped, you will be responsible for paying the reshipping costs.

  • Plant Health: Please be aware of the weather conditions at your delivery location when ordering. We cannot be held responsible for the health of plants that are shipped to locations experiencing extreme weather.

Intellectual Property

All content on tophato.com, including text, images, logos, graphics, and designs, is the property of Tophato and is protected by copyright and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or display any content from our site without prior written consent.

Warranty

We warrant that our plants are healthy and correctly represented at the time of dispatch. Due to the nature of living plants, we cannot provide extended warranties for plant health after they have been received in good condition.

Limitation of Liability

To the maximum extent allowed by law, Tophato is not liable for any damages, including indirect, incidental, or consequential damages, that arise from the use of our products or our website.

Governing Law

This Sales Policy and any disputes related to your purchases will be governed by the laws of the State of Indiana, without respect to its conflict of law principles.

Changes to This Sales Policy

We may update or modify this Sales Policy at any time. Any revisions will be posted on this page with an updated effective date. It is recommended to review this policy periodically.

Contact Information

If you have any questions or concerns about this Sales Policy, please contact us at: