By placing an order and/or accepting delivery of any product from Summer Dreams Farm LLC (“SDF”), you (“Buyer”) agree to be bound by the terms and conditions listed below. Buyer and SDF agree that the following terms and conditions are the exclusive terms governing the sales transaction between SDF and the Buyer and supersede any prior or contemporaneous negotiation or agreements. Any additional or different terms, whether contained in Buyer’s forms or otherwise presented by Buyer are rejected unless expressly agreed to by SDF in writing.

Pricing:
Prices for goods shall be those set forth as written on the SDF website in effect at the time of shipment. Prices are subject to change without notice. Prices do not include any taxes imposed by any governmental authority whatsoever

Taxes:
The amount of all present and future sales, revenue, excise, or other taxes applicable to the goods shall be added to the purchase price and shall be paid by Buyer, or in lieu of, Buyer shall provide SDF with a tax exemption certificate acceptable to the taxing authorities. Notwithstanding the above, if SDF is required to pay such taxes, Buyer shall reimburse SDF for such amounts.

Product Availability:
The inventory of product available on this web-site is updated regularly but not on a real-time basis and we make best efforts to ship any and all items selected from our inventory. However, SDF reserves the right to notify and cancel orders by Buyer if product becomes unavailable, is sold out or otherwise unsuitable for shipping.

Tuber Shipping:
SDF uses a wide variety of freight options. The default freight carrier is UPS, but in certain cases we can accommodate Buyers if there is a more appropriate carrier. If you would like to explore alternative freight options, please feel free to email SDF at info@summerdreamsfarm.com. SDF packs all product in a manner to prevent damage during transit but as with all freight, SDF will not be responsible for the performance of the carrier, including in the case of late, delayed, or damaged shipments and can provide no guarantees with respect to delivery times.

Tuber Shipping Lead Times:
Buyer can choose shipping days within the following constraints. SDF ships on Mondays – Thursdays. There is no shipping on Fridays, Saturdays or Sundays. SDF will generally ship within one week of receiving payment.

Cut Flower Payment:
Buyer shall pay to the SDF the full purchase price of goods by check upon delivery, or as evidenced by SDF’s invoice to Buyer. All invoices paid after the due date will be assessed a late payment fee of one and one-half (1 ½ %) percent per month. Buyer hereby agrees to pay all of SDF’s costs of collecting any amounts not paid when due, including without limitation, reasonable attorney fees.

Cut Flower Cancellations and Changes:
Your order is a custom order and for a cancellation or change to be recognized and processed, you must email info@summerdreamsfarm.com at least three days in advance of your requested pick up date. If we do not receive timely notification of changes to your order, SDF will provide and charge for the order as placed.

Excusable Delays:
SDF shall not be liable for any delay in shipment, failure to deliver, or any other nonperformance of the Agreement directly or indirectly resulting from or contributed to by any cause or circumstance beyond SDF’s control, including, without limitation, force majeure, accident to SDF’s farm or equipment, riots, wars, national emergency, labor dispute of every kind however caused, embargoes, nondelivery by suppliers, inability to obtain supplies through normal sources of supplies, delays of carriers or postal authorities, governmental restrictions, prohibitions, or diversions.

Return of Goods:
Due to the nature of the products sold by SDF, goods are not returnable or exchangeable.

Credits and Claims:
SDF will review requests for credits and claims if notification of a specific problem is made within 48 hours of Buyer receipt of product. SDF may request digital photographs and will always follow up with a request for written description of the problem. Subsequent to review and at the sole discretion of SDF, a credit can be granted by SDF upon the issuance of a credit memo.

Special Orders:
SDF regularly executes special orders. Please feel free to email info@summerdreamsfarm.com to inquire about anything not available or not covered on this web site.

Governing Law and Jurisdiction:
All sales shall be governed by, construed, and interpreted in accordance with the laws of the State of Michigan, United States of America, without reference to its principles of conflicts of law. The venue for any disputes shall be resolved by a court of competent jurisdiction in the trial courts of Oakland County, in the State of Michigan. Reasonable attorney’s fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this agreement.

Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect the remaining provisions and portions of this agreement.