Terms of service
Terms of Service
Please read these Terms of Service carefully before placing an order. These Terms cover the conditions under which Hope Grows Nursery provides you access to this website and the serviced provided on it. Hope Grows Nursery reserves the right to amended these terms at any time, and by using our website or placing an order, you agree to be bound by the current Terms of Service, Privacy Policy and Return, Refund & Cancellation Policies .
General
These Terms apply to purchases made through the Hope Grows Nursery website. They do not apply to in-person sales at the Montclair Farmers Market or other vendor events, which are separate point-of-sale transactions.
We may update these Terms from time to time. Changes will be posted on this page. Continued use of the website or placement of an order after updates constitutes acceptance of those changes.
Products
Plants are living organisms and naturally vary in size, shape, and appearance. Native plants are sold as living specimens and may be in various stages of dormancy, die-back, or seasonal rest at the time of purchase. This is a natural characteristic of the plant and does not indicate poor health or constitute grounds for a refund. A plant's root system is the true indicator of health — firm, white or tan roots signal a viable plant regardless of what the foliage looks like above ground. Variations are expected and not grounds for a refund. Hope Grows Nursery attempts to be as accurate as possible; however, Hope Grows Nursery does not warrant that product descriptions or other content of Hope Grows Nursery is current, complete, accurate, reliable or free from errors. All prices and descriptions of products on this website are subject to change.
Errors will be corrected where and when discovered. Hope Grows Nursery reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed. Hope Grows Nursery reserves the right to cancel orders in the event that its suppliers are delayed, have crop failures or are otherwise unavailable to supply the product ordered.
Availability is subject to change. If a product becomes unavailable after purchase, we will issue a refund for that item.
In some cases, we may offer a substitution of a similar species or variety of comparable size and ecological function. You may decline any substitution and receive a refund instead.
Online Orders & Pickup
Local pickup only — we do not ship orders.
When placing an order, you will select your pickup date at checkout.
Pickup location
Montclair Farmers Market (Walnut Street Station)
Pickup hours
• May: Saturdays, 9:00 AM – 1:00 PM
• June: Saturdays, 8:00 AM – 2:00 PM
(Or another designated location if communicated at checkout.)
Missed pickups
Orders must be picked up during the selected pickup window. Orders not collected your scheduled pickup date and time may be treated as abandoned and no refund or store credit will be issued.
Because plants are living and perishable, we cannot guarantee plant condition for orders that are not picked up as scheduled.
Rescheduling
If you cannot make your pickup, please email info@hopegrowsnursery.com at least 24 hours in advance. Reschedules are not guaranteed. Because plants are living and perishable, we cannot guarantee plant condition for orders that are not picked up as scheduled
If we need to reschedule
If we need to cancel or reschedule due to weather or unforeseen circumstances, you will be offered either a refund or a new pickup date.
Order Cancellations
All orders are subject to a limited cancellation right because live goods are perishable and inventory is reserved when your order is placed. Orders may be canceled within 24 hours of placement for a full refund.
After 24 hours, all orders are final, non-cancellable and nonrefundable, as orders are prepared shortly after purchase.
To cancel, email info@hopegrowsnursery.com with your order number and the subject line Order Cancellation. Requests through other channels are not accepted.
Refunds will be issued to the original payment method within 5–7 business days.
Hope Grows Nursery reserves the right to cancel orders in the event that its suppliers are delayed, have crop failures or are otherwise unable to supply the product ordered. In such event, Hope Grows Nursery will issue a refund to the original payment method within 5-7 business days.
Returns & Refunds
All sales are final.
Because live plants are perishable and conditions after delivery are outside of our control. we do not accept returns or exchanges once plants have been picked up.
We are not responsible for plant health or survival after pickup, as outcomes depend on site conditions, planting timing, and care.
We recommend planting within a few days of pickup and following the guidance provided. Any planting guidance or templates are for informational purposes only and do not guarantee results.
Exception — at pickup only
If a plant is dead or visibly unhealthy at the time of pickup, please notify us before leaving, so that we can review the issue. At our sole option, we may offer a replacement, store credit, or partial refund.
Claims made after leaving will not be honored.
Payment
Online orders
Major credit cards and digital payment methods are accepted. Payment is due in full at checkout.
In-person purchases at the Montclair Farmers Market
Cash and credit cards are accepted.
Online orders must be prepaid and cannot be paid for at pickup.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY HOPE GROWS NURSERY, ALL LIVE PLANTS, CUTTINGS, BULBS, SEEDS, SOILS, POTS AND RELATED GOLDS ARE SOLD STRICTLY “AS-IS” AND “WITH ALL FAULTS.” HOPE GROWS NURSERY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSES. HOPE GROWS NURSERY DOES NOT WARRANT THAT ANY PLANT WILL CONTINUE TO THRIVE AFTER PICKUP, OR THAT ANY PLANT IS SUITABLE FOR BUYER’S PARTICULAR LOCATION, SOIL, LIGHTING, WATERING PRACTICES, CLIMATE, REPOTTING METHOD, PEST CONTROL, OR OTHER GROWING CONDITIONS NOT CONTROLLED BY HOPE GROWS NURSERY.
Limitation of Liability
Hope Grows Nursery is not responsible for plant performance after pickup.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SALE OF LIVE PLANTS OR RELATED GOODS SHALL BE, AT HOPE GROWS NURSERY’S OPTION, REPLACEMENT OF THE ITEM, STORE CREDIT, OR REFUND OF THE PURCHASE PRICE ACTUALLY PAID FOR THE SPECIFIC ITEM AT ISSUE. HOPE GROWS NURSERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF OTHER PLANTS, LOSS OF LANDSCAPE VALUE, LOST PROFITS, LOSS OF USE, OR COSTS OF REPLACEMENT COSTS OR MATERIALS. HOPE GROWS NURSERY’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO ANY ITEM SHALL NOT EXCEED THE AMOUNT PAID FOR YOUR ORDER.
NOTHING CONTAINED IN THESE TERMS LIMITS ANY RIGHTS OR REMEDIES THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS EXCLUDES LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT OR A MATERIAL MISREPRESENTATION.
Intellectual Property
All content on this website — including text, images, and branding — is the property of Hope Grows Nursery and may not be used without permission. Except as expressly authorized by Hope Grows Nursery, you agree not to use, sell, license, modify, distribute, copy, reproduce, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or deign elements on this website for any purpose is strictly prohibited without the express prior written consent of Hope Grows Nursery.
Governing Law
These Terms, and any dispute, claim, action, or controversy arising out of or related to these Terms, any order, any sale of goods, any pickup or delivery, any live plant or related product, or any communication, representation, or transaction between you and Hope Grows Nursery, shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-laws principles.
You agree that any such dispute, claim, action, or controversy shall be brought exclusively in the Superior Court of New Jersey, Essex County, or, if federal jurisdiction exists, in the United States District Court for the District of New Jersey. You and Hope Grows Nursery irrevocably submit to the personal jurisdiction of those courts and waive any objection based on improper venue or forum non conveniens.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HOPE GROWS NURSERY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE (GIVE UP) ANY RIGHT TO A TRIAL BY JURY.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING..
Privacy
Your use of this website is also governed by our Privacy Policy, available here:
Age Requirement
You must be at least 18 years old or using the site with parental supervision.
Contact
For all inquiries on the above policies, contact us at:
Hope Grows Nursery
Montclair, New Jersey
info@hopegrowsnursery.com
hopegrowsnursery.com
