Terms of service

Last Updated: March 2, 2026

Welcome to Berrys Nursery & Floral. These Terms of Service govern your access to and use of our services, including purchases of plants, flowers, floral arrangements, gifts, gardening supplies, and related products (collectively, the "Services"), whether in-store, online, by phone, for delivery, or for events.

By accessing our website, placing an order, visiting our nursery, or using any of our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Use of Our Services You agree to provide accurate information when placing orders or creating accounts (if applicable).

2. Products and Availability All products, especially live plants, cut flowers, and custom arrangements, are perishable or living goods. We inspect items for quality before sale or delivery, but due to their nature, appearance, growth, and performance may vary based on care, environment, and other factors beyond our control. We strive to fulfill orders exactly as requested. In cases of product unavailability, substitution needs, or design adjustments (e.g., due to seasonal availability, quality issues, or unforeseen circumstances), we will make every effort to select comparable substitutions in style, color, value, and quality to the best of our ability.

3. Orders and Payments Orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at our discretion (e.g., due to pricing errors, suspected fraud, or inventory issues). Payment is due at the time of order or pickup/delivery unless otherwise arranged. All prices are in USD and exclude applicable taxes and fees.

4. No Refunds or Returns As outlined in our separate Refund Policy, all sales are final. We do not offer refunds, returns, exchanges, or credits due to the perishable and living nature of our products. This includes changes in preference, post-purchase care issues, or natural variations.

5. Delivery and Pickup Delivery services (if offered) are provided to the best of our ability based on our delivery area, weather, traffic, and other factors. We are not responsible for delays, failed deliveries due to incorrect addresses, recipient unavailability, or access issues (e.g., gated properties, no safe leave options). Special delivery requests will be accommodated as reasonably possible, though additional fees may apply. For pickup, items must be collected within the agreed timeframe.

6. Customer Responsibilities Live plants and flowers require proper ongoing care (watering, light, soil, etc.). We provide care guidance where possible, but success depends on your conditions and actions. We are not liable for outcomes after products leave our premises.

7. Limitation of Liability To the fullest extent permitted by law, Berrys Nursery & Floral shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services or products. Our total liability shall not exceed the amount paid for the specific product or service in question. We provide no warranties beyond the condition of goods at the time of sale/delivery. All products are sold "as is," except as required by applicable law.

8. Indemnification You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your violation of these Terms or misuse of our Services.

9. Changes to Terms We may update these Terms at any time. Continued use of our Services after changes constitutes acceptance.

10. Governing Law These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes shall be resolved in courts located in Champaign County, Illinois.

11. Contact Us For questions about these Terms, please reach out: Berrys Nursery & Floral Address: 3714 N Vermilion St. Danville IL 61832 Phone: 217-446-3076 Email: retail@berrysgarden.com

Thank you for choosing Berrys Nursery & Floral—we're grateful for your support and dedicated to helping you find the perfect plants, flowers, and more!