Terms of service

Terms of Service | Bird of Paradise

Terms of Service

Bird of Paradise
Last Updated: November 2024

Agreement to Terms: When you place your order with Bird of Paradise, you agree to the following terms and conditions. Please review carefully before completing your purchase.

I. The Green & Growing Guarantee™

At Bird of Paradise, we stand behind the quality of our plants and trees, and we guarantee that they will arrive in excellent health and ready to thrive. If, for any reason, you are not satisfied with your purchase within the first 24 hours of receiving your plants, please contact us immediately so that we can make it right.

Important Note: Proper care and nutrients are essential for the acclimation of plants to their new environments. Purchases made outside of your recommended growing zone are not covered under our guarantee.

30-Day Plant Health Review

If you experience any issues with your plants within the first 30 days, please contact us and we will review your concerns and provide a one-time replacement if necessary. Please note that shipping costs for replacement are at the customer's expense.

Deciduous Trees Guarantee

For deciduous trees ordered during winter or early spring, if they fail to emerge from dormancy by May 30th, we guarantee them beyond the standard notification period. Please contact us by May 30th, and we will review your order and assist you accordingly. We may request photographs to help us understand the situation better and provide you with the best possible assistance to save your tree or plant, which may simply be stressed from transit.

II. Optional 1-Year Extended Warranty

Plants can perish for many reasons, which is why we offer a one-year, one-time replacement warranty (shipping cost not included) in the form of store credit, available at time of checkout.

We will require photographic documentation to verify that your plant has not survived. Once we receive your photos, we will issue store credit to order your replacement plants.

Warranty Terms: Refunds will not be given for activating your warranty. Replacement plant shipping costs and taxes are at the customer's expense. Purchasing plants that are not suitable for your growing zone or soil type are not included in this guarantee. Refunds will not be given for these purchases.

III. Order Cancellation Policy

Once you have completed the checkout process, we fulfill your order at our nursery immediately. Your credit card will be charged at this time.

We take great care in selecting your items and packing them securely. Because your order is processed and shipped quickly, cancellations and changes must be made within four hours of placing your order. After your order is packed and shipped, it cannot be changed or canceled. If you cancel your order after it has been processed but before it ships, you will be charged a restocking fee of 25% of your order value.

We do our best to accommodate changes, but once your order leaves our nursery, it is out of our hands. Please contact us at 305-489-9089 or info@birdofparadiseflorida.com if you have any questions or concerns.

Accidental Duplicate Orders

Did you accidentally submit your order twice? We will do our best to catch these on our end, but we need your help. Customers are responsible for contacting Bird of Paradise immediately if they have accidentally submitted duplicate orders.

IV. Shipping Policies

Shipping Accuracy

We take pride in the accuracy of our shipping dates (over 95% accurate). Of course, external factors could delay these dates. Because these are estimates, exact shipping dates cannot be guaranteed.

Shipping live products has its challenges. Occasionally, Mother Nature does not follow schedule. On these rare occasions, we delay shipping due to severe weather forecasts. However, we will keep you informed—the health of your plants is our highest concern.

Spring Shipping

Some plants and trees are cold-sensitive, so it is best to ship them during months with milder temperatures. Spring-shipped items are identified on their product pages. Northern states that ship only in spring are also identified.

Most trees and plants can be planted year-round safely, but some gardeners prefer planting in warmer weather. If you would like to delay your delivery date, please call us at 305-489-9089. We are happy to work with your preferred schedule.

Damaged Packages

At Bird of Paradise, we guarantee that your order is packed and shipped carefully to ensure survival through transit. For this reason, it is extremely rare that packages are broken or damaged in transit. However, if you receive a damaged package, please refuse the shipment. The delivery carrier will return the damaged box to us for re-shipment.

Remember: Do not plant a poor-quality or damaged plant, even if you think it may recover. Let us know if your plant arrives damaged. We are here to help you and your plants succeed, but quality and damage claims must be made in a timely manner—otherwise, we are unable to help. Please use our contact form or call 305-489-9089 to send your concerns.

V. Returns

Since plants and trees are living organisms, we limit the returns we accept—the journey can be stressful for plants, and we want them to survive. In some cases, garden supplies and hard goods may be eligible for return, including fertilizers, planting mixes, planting kits and watering bags.

If you have an issue with your plant or tree, please contact us as soon as possible so we can provide expert assistance and work to provide a replacement if needed. Rather than send your plant back, we encourage you to make the world a little greener—find a spot to plant it, compost it, or share it with a friend.

Limitation of Liability: By purchasing nursery stock, customers accept Bird of Paradise's terms and conditions of sale, constituting the entire agreement. Our liability will not be greater than the cost paid for the customer's order in any circumstance.

VI. Plant Care & Understanding

Is My Tree Dead or Alive?

To determine if your tree or plant is still growing strong, perform a scratch test. Simply scratch a small area of bark on the trunk with a coin or your fingernail. Unfortunately, if you see brown or black underneath the top layer, it is most likely not viable. However, if you see green, your tree is alive and will leaf out again—especially if you are checking on your tree during fall, winter or early spring. Most trees and plants are in full or partial dormancy during this time.

If you notice stalled or stopped growth in the growing season, your tree's leaves may have dropped as a temporary self-pruning measure. Trees and plants may drop their own leaves after transit, transplant, or simply as a reset. Your tree should recover soon.

Mother Nature Disclaimer

Keep in mind that Mother Nature is beyond our control. Though we wish we could guarantee the success of every tree and plant, we cannot. Wildlife, trees planted outside recommended growing zones, neglect, extreme weather damage, drought, disease and poor soil conditions can take their toll.

Unfortunately, plants are living organisms and are subject to unpredictable conditions each day. However, we do our best to ensure that you are receiving a quality product. Plants are our business, and we strive to build customer relationships based on trust and reliability.

VII. Product Information & Specifications

Product Details

Though we are unable to provide every detail for every product (we do stock hundreds of trees and plants, after all), we do our best to give you the essentials, like growing zone, care tips, special details, and best practices.

That said, it is important to do your research as well. Plant information and recommendations can vary in the horticultural world. Our growing zone map and certain product specifications may not be tailored to specific microclimates (like swampy areas in an otherwise dry, arid zone), unusual landscape conditions, and your local weather.

Best practices like wind and weather protection, mulching, and regular pruning also affect your trees and plants.

If you have any questions about plant hardiness or the best trees and plants for your area, contact your local County Agricultural Extension Office.

Note on Images: Pictures and videos on our product pages may not show the exact cultivar represented. Unless otherwise noted, our pictures represent trees and plants at maturity to give you an idea of your future landscape or garden. Typically, your tree or plant will not look as pictured upon arrival. Younger trees are naturally thinner in shape and less branched than mature trees but will grow fuller with time.

Dormant Trees & Plants

Most leaf-bearing trees and plants enter dormancy or semi-dormancy in the fall through early spring. These plants are completely healthy but may exhibit fewer leaves, discoloration or complete leaf drop.

This is normal and essential to the plant's health. It makes the transplanting process easier for your plant.

In fact, planting during dormancy promotes root growth, giving your tree a better start for spring, when new foliage will begin to grow. For this reason, we intentionally keep our trees dormant longer in the spring. It is possible that your shipped trees and plants may still be dormant while your local trees are leafing out. Just give your plants a few weeks, and you will soon see new spring foliage.

Dormancy Claims: We will not accept a plant loss claim for dormant items until they have been planted in the ground and given adequate time to exit dormancy. We prune our trees and plants before shipping, free of charge. This may temporarily reduce your tree's size but promotes growth for a larger, fuller effect in the spring.

Mislabeled Products

We take great care to label all plant varieties properly and correctly. If your purchase is mislabeled, we will replace your shipment at our expense. Simply contact customer service at 305-489-9089 or info@birdofparadiseflorida.com and send photographs of your mislabeled products. More information on our liability limit is included in our Terms of Service.

Growth Rates

We list the growth rates of our products based on ideal growing conditions and published information. However, remember: Trees are like humans and all grow differently.

We cannot predict how quickly your trees will grow, fruit or flower. All plants are unique and must be nurtured properly in a suitable environment. Because every plant is unique, every home is unique, and every landscape is unique, your results will vary.

Pot Sizes

Our trees and plants with listed container sizes reference the industry-standard trade gallon. These sizes are smaller than conventional gallon measurements, and some plants may be repotted, pruned, or tidied-up before shipping.

Deciduous Trees & Pruned Trees

Deciduous trees may have minimal branching, or no branching, while they are still young. Furthermore, we prune branches from young trees to promote faster growth and better branching later.

Your young tree may be smaller or less full upon arrival, but be patient: It will grow taller and branch out fully in one or two seasons.

VIII. Bulk Orders

We guarantee all plants and trees to arrive in a healthy condition and to be true to the described plant variety, as well as the size and description as agreed to in the signed Purchase Agreement documentation. If applicable, all heights are measured from the soil line to the highest extended branch or foliage.

We are not responsible for improper handling, planting, exceptional weather or lack of proper maintenance. Bulk orders and oversize products priced separately from the website are not eligible for advertised discounts, promotions or standard warranty. All prices are subject to change without notice. Any additional terms, if any, will be clearly marked on the Purchase Agreement and signed by the customer before payment is rendered. Any images utilized to describe plant health, quality or size are for representative purposes only and do not reflect the specific plants ordered. All sales are final.

IX. Discounts & Coupons

Only one coupon code can be used per order. You cannot combine coupons to receive multiple discounts. This is a one-time use coupon. There will be no credit given to the unused portion of your coupon. This credit cannot be used with any other offers, discounts or coupons. All coupons must be applied at the time of purchase.

X. Web Accessibility

Bird of Paradise is firmly committed to compliance with the Americans with Disabilities Act. To honor this commitment, we continually improve our website accessibility. If you have any questions about the accessibility of our website, or if you have suggestions to improve usability or accessibility, please forward them to info@birdofparadiseflorida.com.

To increase the size of text and images, adjust your browser settings by pressing the control or command key and the plus (+) key at the same time.

XI. Mobile Program Terms of Service

Mobile Message Service Terms - Last Updated: November 2024

The Bird of Paradise mobile message service (the "Service") is operated by Bird of Paradise ("Bird of Paradise", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

SMS/Text Messaging Consent

By consenting to Bird of Paradise's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bird of Paradise through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bird of Paradise. Your participation in this program is completely voluntary.

Charges and Fees

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Opting Out

You may opt-out of the Service at any time. Text the single keyword command STOP to the number from which you received messages. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bird of Paradise mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP or email info@birdofparadiseflorida.com.

Carrier Limitations

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

XII. Governing Law & Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including disputes, will be governed by the laws of the United States and the State of Florida without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue.

Bird of Paradise (and its affiliates, officers, directors and employees) shall not, in any event, be liable for damages in an amount greater than the original purchase price of the product(s). Should Bird of Paradise prevail in any dispute, it will be entitled to recoup all costs and attorney fees.

Questions or Concerns?

If you have any questions about these Terms of Service, please contact us:

Email: info@birdofparadiseflorida.com

Phone: 305-489-9089

Live Chat: Available on birdofparadiseflorida.com

Mailing Address:
20850 SW 216th St
Miami, FL 33170

Business Hours: Monday–Friday, 9am–5pm EST