East Tennessee Nursery Seedling Store Terms, Conditions & Privacy Policy
Welcome to the East Tennessee Nursery Seedling Store Website (“Website”). By accessing and using this Website, all visitors, clients, and customers (“Users”) agree to comply with and be bound by the following terms and conditions. If you do not agree with these terms and conditions, please refrain from using this Website.
Agreement to Terms and Conditions
East Tennessee Nursery Seedling Store Terms and Conditions (“Terms”) contained in this agreement shall govern all uses of this Website and all its content. These Terms outline the rules and regulations applicable to all uses of this Website located at https://store.planttntrees.tn.gov. All materials, information, documents, services, and any other resources (collectively referred to as “content”) that appear on this Website shall be administered subject to these Terms. The use of this Website constitutes an express agreement with all Terms.
User Accounts
Users may be required to create a user account to make purchases on this Website. Users are responsible for maintaining the confidentiality of his or her account information and password. The East Tennessee Nursery Seedling Store (“Store”) reserves the right to terminate any user account if the Store, in its sole discretion, determines a User engages in conduct that violates applicable law or these Terms or is harmful to the interests of the Store.
Product Information
The Store strives to provide accurate and updated product information, including prices, descriptions, and quantities. However, the Store does not guarantee the accuracy or completeness of this information. The Store reserves the right to change or update product information contained on this Website, including product pricing and availability, without providing notice to Users.
Orders and Payment
By placing an order, Users agree to provide accurate and complete information for processing any order or payment. Payment for orders is required at the time of purchase unless the Store expressly authorizes a User to make payment at a later date. All prices are listed in United States Dollars and may include applicable taxes and shipping fees.
Orders must be received by the fifteenth (15th) of the month prior to the month selected for delivery (e.g., for a January delivery, the order must be placed by December 15th). Orders may be submitted through this Website, by emailing an order form to plant.tntrees@tn.gov, or by mailing an order form to:
EAST TENNESSEE NURSERY
P.O. Box 59
Delano, TN 37325
Shipping and Delivery
The Store does not ship product to locations outside of the continental United States.
The risk of loss and title for all product ordered through this Website passes to the User when the product is delivered to the shipping carrier. Please refer to the carrier policies for detailed information.
Product is shipped in the last half of the month selected for delivery. If product is needed in the first half of a month, product must be delivered the previous month (e.g., if product is needed by February 10th, January should be selected as the delivery month).
Product may only be shipped to one address per order. Separate orders must be placed for separate shipping addresses.
Purchased product may be picked up at the Store’s nursery, located at 9063 Highway 411, Delano, TN 37325 or at a cold storage location selected at the time of purchase. Users are encouraged to select the cold storage location closest to him or her.
Users have seven (7) days to pick up orders from the date notification is made that an order is ready for pickup. Orders placed after March 15th must be picked up at the nursery in Delano, TN.
Product may be shipped via FedEx for an extra charge. Please note, FedEx does not deliver to undeveloped properties.
Returns and Refunds
To cancel an order, please call the Store at (877) 868-7337 or (423) 649-1510. All orders require a minimum thirty (30) day notice of cancellation or change prior to the selected delivery month (e.g., if a User selects January for delivery, the User must cancel or change the order by December 15 to receive a refund or alteration). Cancellation or change requests made less than 30 days from the selected delivery month are nonrefundable and cannot be changed.
The Store reserves the right to cancel or modify any orders if the Store, in its sole discretion, determines a User engages in conduct that violates applicable law or these Terms or is harmful to the interests of the Store. The Store may cancel or modify any order if the Store, in its sole discretion, determines the Store’s inventory is insufficient to fulfill any or all orders.
Warranties and Limitation on Liability
The content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. The Store makes no representation of warranty whatsoever regarding the completeness, quality, or adequacy of this Website or the content, or the suitability, functionality, or operation of this Website or its content. By using this Website, Users assume the risk that the content may be inaccurate, incomplete, insufficient, or offensive.
The Store specifically disclaims all warranties, express or implied, with respect to this Website and content and any product sold or distributed by the Store.
In no event shall the Store, or the State of Tennessee, be liable to any User or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, goodwill, or any indirect, special, incidental, punitive, exemplary, or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (including but not limited to negligence), or any other legal theory that may arise from any use of this Website and content or any product sold or distributed by the Store.
Legal Notice
All notices from the Store may be posted on this Website and will be deemed delivered thirty (30) days after posting. Notices from Users to the Store shall be made either by emailing Plant.tntrees@tn.gov, or sending first-class mail to:
EAST TENNESSEE NURSERY
P.O. Box 59
Delano, TN 37325
Delivery shall be deemed to have been made by Users to the Store five (5) days after the date the notice is sent or the day the Store receives the notice, whichever is earlier.
Intellectual Property
All content on this Website, including text, images, graphics, and logos, is protected by intellectual property laws. Users may not reproduce, distribute, or modify any content without the prior written consent of the Store.
User Conduct
Users agree not to use this Website for any unlawful or unauthorized purposes and to comply with all applicable laws and regulations. Users may not engage in behavior that could harm this Website’s functionality or security, or in any manner that violates these Terms.
Privacy and Data Security
Use of this Website is also governed by the Store’s Privacy Statement, which outlines how the Store collects, uses, and protects personal information.
Changes to Terms
The Store reserves the right to modify or update these Terms at any time and without notice. It is the responsibility of the User to review these Terms periodically.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.
Void Where Prohibited
Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. The Store reserves the right to limit the provision of its products to any person, geographic area, or jurisdiction it so desires and to limit the quantities of any product that it provides. Any offer for any product made in the materials on this Website is void where prohibited.
Entire Agreement
These Terms constitute the entire agreement between Users and the Store with respect to this Website. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between Users and the Store with respect to this Website. No modification of these Terms shall be effective unless it is authorized by the Store. If any provision of these Terms is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the Store, with the other provisions remaining in full force and effect.
By using the East Tennessee Nursery Seedling Store Website, Users acknowledge that he or she has read, understood, and agreed to these Terms. If you have questions about these Terms, please contact the Store at PlantTNtrees.org, Plant.tntrees@tn.gov, or (423) 649-1510.
Privacy Statement
The privacy, confidence, and trust of individuals who visit the East Tennessee Nursery Seedling Store Website (“Website”) are important. No personal information is collected at this Website unless it is provided voluntarily by an individual while participating in an activity that asks for the information. The following paragraphs disclose the information gathering and usage practices for this Website.
Collection of Information
The East Tennessee Nursery Seedling Store (“Store”) only collects the personal information that is necessary to provide the information, goods, or services requested by an individual. "Personal information" refers to any information relating to an identified or identifiable individual who is the subject of the information. This is the same information that an individual might provide when visiting a government office and includes such items as an individual's name, address, or phone number. We also collect statistical information that helps us understand how people are using the web site so we can continually improve our services.
Use of Information
The Store uses the collected information to respond appropriately to requests and orders. This may be to respond directly to you, improve this Website, or deliver purchased products. E-mail or other information requests sent to the Store Website may be maintained or forwarded to the appropriate Store personnel to respond to the request or fulfill an order.
Retention of Information
Records needed to support Store program functions are retained, managed, and accessible in record-keeping or filing systems in accordance with established records disposition authorizations approved by the State of Tennessee’s Public Records Commission. Records transmitted to this Website will be identified, managed, protected, and retained as long as they are needed to meet historical, administrative, fiscal, or legal requirements.
Public Disclosure
Regardless of whether information is provided to the Store by personal visit, mail, or this Website, it becomes public record and is open to public inspection unless protected by State or Federal law. Public records are subject to the rules and requirements located in Tennessee Code Annotated Title 10 Chapter 7. A public record is defined as follows:
“Public record(s)” or “state record(s)” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. (T.C.A. 10-7-301 (6))”
Based on the definition of public records, be aware that any information collected at this Website could be made available to the public. Requests for public records will be examined for compliance with public record laws.
Cookies
Any web page or application at this Website that uses cookies will identify itself as such. Cookies are short and simple text files that are stored on a user's computer hard drive by web sites. They are used to keep track of and store information, so the user does not have to supply the information multiple times. The information that is collected through cookies at this Website is handled in the same manner as other information collected here. You can configure your web browser to refuse cookies or to notify you when a web site attempts to send you a cookie. You can also check your hard drive for cookie files and delete them from your computer.
Website Security
The Store is committed to the security of the information that is either available from or collected by this Website. The Store has taken multiple steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to, authentication, monitoring, auditing, and encryption.
Links to Other Sites
This Website may feature links to other web sites. These may include links to web sites operated by government agencies, nonprofit organizations, and private businesses. The Store is not responsible for the content or privacy practices of these sites and suggests you review their privacy statements.
Contact Information
The Store welcomes comments regarding this privacy statement. Please convey any questions or concerns to PlantTNtrees.org, Plant.tntrees@tn.gov, or (423) 649-1510.