TERMS & CONDITIONS
Updated January 10, 2023
These Terms & Conditions apply to all customers and users of the site, including without limitation users who are browsers, vendors, customers and merchants.
By using this site and/or purchasing something from us, you agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, please exit the site now. Your agreement with us regarding compliance with these Terms & Conditions becomes effective immediately upon commencement of your use of this site.
Wholesale only
Please understand that we strictly enforce our wholesale only policy. As a result, homeowners or clients are allowed access only if accompanied by a Hicks Commercial Sales customer. Also, for their safety, children must remain in customer’s vehicles at all times. Children are not allowed outside of vehicle within the Commercial Sales shopping areas.
All sales are final
We make no warranty or guarantee, expressed or implied, as to the description, productiveness or health on the products we sell. We will not be responsible for the results of the plant material in the landscape. Acceptance of plant material at the time of purchase is considered acknowledgement of this policy.
Payments
All payments must be received prior to scheduled delivery or before product leaves the Hicks Commercial Sales property.
Cash, Master Card, Visa, American Express and Discover are accepted. Business Checks will be accepted only with the company name imprinted on the front of the check. Please note that no third party or postdated checks will be accepted.
For our approved credit-term account customers, we require that payment be made within 30 days from the date of the invoice. To become a credit-term customer, please submit a credit application and please allow 5 – 7 business days for credit application processing.
Delinquent Accounts
Delinquency may result in loss of your Hicks Commercial Sales account, loss of established credit terms, loss of trade discount, and/or delay in product shipment. Past due invoices will also accrue a finance charge of 1.5% monthly (18% yearly) from due date.
Deposit
All orders require a 50% deposit at time of placement.
- Deposits will be refundable however a 10% cancellation fee is applicable on the total of the material cancelled and will be collected at the time of cancellation.
Customers that do not require a deposit include:
- Customers in tier 4 and higher
- A/R customers
Orders under $500 require a $25 handling fee.
- We deem this charge necessary as this includes time and labor for obtaining products in addition to storage, maintenance and preparation.
- This fee will also be included for any plant material pulled during a shopping visit to be picked up later. We encourage you to pull your plants and take them with you to avoid this charge.
Return Check Fee
A $35 fee will be assessed for checks which result in insufficient funds. Credit terms (if any) and the ability to use checks for future purchases may also be cancelled at the discretion of the Controller.
Claims
Errors in type, species, or color must be submitted within 48 hours of receipt. It is the responsibility of the buyer to inspect all plant material prior to unloading at point of delivery or at time of pick-up. Under no circumstance will Hicks Commercial Sales be liable for any amount greater than the original price paid for merchandise. Hicks Commercial Sales shall not be responsible for consequential or special damages. Liability will not exceed the selling price of the materials purchased.
Tagging
We strongly encourage tagging product for future projects. We hold nursery items (woodies and perennials) for 10 days, foliage for 7 days and annuals for 3 days from order pick up/delivery date.
All orders require deposits (as stated above).
Deliveries
Please schedule your delivery with your sales representative. Orders must be finalized before 12:00 PM the day before the requested ship date in order for us to process and pick all orders and to ensure a timely delivery schedule.
Price and Availability
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Password, Sign-In Name, Unique Identifiers
If you wish to have an account and become a registered User, you will be prompted to create an account sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Errors, Inaccuracies or Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify including without limitation, pricing information, except as required by law.
Governing Law
This site (excluding any linked sites) is controlled by us from our offices in Westbury, New York. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.
Indemnification
You agree to indemnify, defend and hold harmless Hicks Nurseries and our partners, contractors, service providers, subcontractors, suppliers, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Changes to Terms & Conditions
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
The content on this site is protected under United States copyright. This content belongs to and is operated by Hicks Nurseries, Inc. Any usage of this content is in violation of our Terms of Service policy.
Hicks Commercial Sales is a division of Hicks Nurseries, Inc.