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Terms & Conditions

Last Updated: 03/10/2025

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Welcome to Aquaflora on Evelyn ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, products, and services, whether as an individual purchasing for personal use or as a business (e.g., restaurant) acquiring products in bulk. By accessing our website, placing an order, or engaging with our services, you agree to be bound by these Terms. If you do not agree, please refrain from using our website or purchasing our products.

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1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Aquaflora on Evelyn. We reserve the right to update or modify these Terms at any time, with changes effective upon posting to this page. Your continued use of our website or services following such updates constitutes acceptance of the revised Terms.

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2. Products and Services

Aquaflora on Evelyn offers hydroponically grown produce for personal consumption and bulk purchase by commercial entities, such as restaurants. All product descriptions, pricing, and availability are subject to change without notice. We strive to ensure accuracy but are not liable for typographical errors, omissions, or discrepancies.

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3. Orders and Payment

  • Order Acceptance: All orders are subject to our approval. We reserve the right to refuse or cancel any order for any reason, including product availability, pricing errors, or suspected fraud, with notice provided where feasible.

  • Pricing: Prices are listed in USD and exclude applicable taxes, shipping, or handling fees unless otherwise stated. Bulk orders for commercial clients may be subject to separate pricing agreements.

  • Payment: Payment is due in full at the time of order placement. We accept credit/debit cards, checks and bank transfers. You represent that you are authorized to use the payment method provided.

  • All Sales Final: As outlined in our Refund Policy, all sales are final. No refunds, returns, or exchanges will be issued except as required by applicable law.​

 

4. Shipping and Delivery

  • Shipping: We ship within the United States as indicated at checkout. Shipping costs and estimated delivery times are provided during the order process.

  • Risk of Loss: Title and risk of loss transfer to you upon delivery to the shipping carrier. You are responsible for inspecting products upon receipt and reporting issues within 24 hours.

  • Delays: We are not liable for delays caused by third-party carriers, weather, or other circumstances beyond our control.​

 

5. Use of Products

Our products are intended for personal consumption or commercial use (e.g., by restaurants). You are responsible for proper storage, handling, and use after delivery. We are not liable for spoilage, misuse, or any adverse effects resulting from improper handling or failure to follow guidelines.

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6. Intellectual Property

All content on our website, including text, images, logos, and designs, is the property of Aquaflora on Evelyn or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use this content without our prior written consent, except for personal, non-commercial purposes related to your purchase.

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7. User Conduct

You agree not to:

  • Use our website or services for any unlawful or unauthorized purpose.

  • Attempt to interfere with the functionality or security of our website.

  • Misrepresent your identity or provide false information during the ordering process.

 

8. Limitation of Liability

To the fullest extent permitted by law, Aquaflora on Evelyn shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website, products, or services, including but not limited to loss of profits, data, or goodwill. Our total liability, if any, shall not exceed the amount paid by you for the product or service in question. Because some jurisdictions do not allow the exclusion of certain liabilities, these limitations may not apply to you in full.

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9. Indemnification

You agree to indemnify, defend, and hold harmless Aquaflora on Evelyn, its officers, employees, and affiliates from any claims, losses, damages, or expenses (including legal fees) arising from your breach of these Terms, misuse of our products or services, or violation of any law or third-party rights.

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10. Termination

We may suspend or terminate your access to our website or services at our sole discretion, without notice, if you violate these Terms or for any other reason deemed necessary to protect our business interests.

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11. Governing Law and Dispute Resolution

These Terms are governed by the laws of [insert jurisdiction, e.g., the State of Texas, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved through negotiation in good faith. If unresolved, disputes shall be submitted to [specify method, e.g., binding arbitration in Austin, Texas or the courts of Bexar county.

 

12. Force Majeure

We are not liable for failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor disputes, or supply chain disruptions.

 

13. Miscellaneous

  • Entire Agreement: These Terms, along with our Refund Policy, Privacy Policy, and Legal Disclaimer, constitute the entire agreement between you and Aquaflora on Evelyn.

  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect.

  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

14. Contact Us

For questions or concerns regarding these Terms, please contact us.

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