Terms of service.

Last updated: November 21, 2025

Welcome to Three B Gardens. These Terms of Service (“Terms”) govern your use of our website at threebgardens.com (the “Site”) and any orders you place through the Site or through other online platforms operated by us that reference these Terms.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Site.

1. Who we are

The Site is operated by Three B Gardens (“we,” “us,” or “our”), a small family-run business based in Cape Coral, Florida, United States.

If you have questions about these Terms, you can contact us at:

2. Eligibility and use of the Site

By using the Site, you represent that:

  • You are at least 18 years old, or the age of majority in your jurisdiction, and

  • You have the legal capacity to enter into a binding contract.

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates applicable laws or regulations;

  • Attempt to gain unauthorized access to the Site or related systems;

  • Interfere with or disrupt the operation or security of the Site;

  • Use the Site to transmit any harmful, fraudulent, or infringing content;

  • Copy, reproduce, distribute, or exploit any part of the Site or its content for commercial purposes without our prior written consent.

We may suspend or terminate your access to the Site if we believe you have violated these Terms or applicable law.

3. Accounts (if applicable)

You may be able to create an account on the Site or on third-party platforms we use (such as Whatnot). You are responsible for:

  • Maintaining the confidentiality of your login credentials; and

  • All activities that occur under your account.

You agree to notify us promptly if you become aware of any unauthorized use of your account.

4. Products, descriptions, and availability

We offer live plants and related products (such as soil mixes, supplies, and accessories), and our offerings may change over time.

  • Descriptions: We do our best to describe plants and products accurately, including size, form, and condition. However, live plants are natural products and may vary from photos in color, shape, growth stage, and other characteristics.

  • Images: Product and plant images are for illustrative purposes. The plant you receive may not be the exact plant in the photo, unless explicitly stated (for example, “exact plant pictured”).

  • Availability: Quantities and varieties are limited and may change without notice. We do not guarantee that any specific product will be available at all times.

  • Pricing: Prices are listed in U.S. Dollars (USD) and may change at any time without notice, except for orders already placed and accepted. We reserve the right to correct errors in pricing or product information and, if necessary, cancel or adjust orders after contacting you.

5. Orders and payment

5.1 Orders and acceptance

When you place an order through the Site or through another platform where we sell (such as Whatnot), your order is an offer to purchase the items listed.

We may accept or decline any order at our discretion. An order is considered accepted when:

  • We send an order confirmation, or

  • We begin preparing, packing, or shipping your order.

We reserve the right to cancel or refuse any order for reasons including but not limited to:

  • Product availability;

  • Suspected fraud or unauthorized activity;

  • Errors in pricing or product information;

  • Issues with payment authorization or shipping address.

If we cancel an order after payment has been processed, we will issue a refund for the applicable amount to your original payment method.

5.2 Payment

We use third-party payment processors and platforms to handle payments (for example, providers integrated with Squarespace Commerce, Stripe, PayPal, or marketplace platforms like Whatnot).

By submitting payment information, you authorize the applicable payment processor to charge your chosen payment method for the total amount of your order, including any applicable taxes, shipping, and fees.

We do not store full payment card details on our own systems.

6. Shipping, risk of loss, and delivery

6.1 Shipping area and carriers

We currently ship to addresses within the continental United States. We may adjust our shipping area or exclude certain locations (for example, due to plant restrictions or extreme weather) at our discretion.

We ship using common carriers (such as USPS, UPS, or other services). Shipping options, estimated delivery times, and costs are displayed at checkout or announced during live sales.

6.2 Processing and delivery times

Processing time may vary depending on order volume, plant prep, and weather conditions. Delivery times provided by carriers are estimates only and may be affected by factors outside our control (such as carrier delays, holidays, or weather).

We are not responsible for delays once a package has been handed over to the carrier.

6.3 Risk of loss

Risk of loss and title for products pass to you when the order is handed over to the carrier for shipment to your address.

We pack plants carefully, but we cannot control how carriers handle packages after shipment.

7. Live plants and condition-on-arrival policy

Because we sell living plants, some stress during shipping is normal. This may include:

  • Minor leaf damage or bruising;

  • Some soil displacement;

  • Temporary drooping or shock.

Please open your package promptly upon delivery and follow any care instructions provided.

If you believe a plant has arrived in poor condition or dead on arrival (“DOA”):

  1. Contact us within 8 hours of the recorded delivery time shown by the carrier.

  2. Include clear photos of:

    • The plant(s),

    • The packaging, and

    • The shipping label showing the delivery address and date.

We will review each situation on a case-by-case basis. Depending on the circumstances, we may, at our discretion:

  • Offer a replacement plant (if available),

  • Offer store credit,

  • Offer a partial refund, or

  • Provide care guidance and ask you to monitor the plant for a period of time.

We are generally not responsible for damage or loss caused by:

  • Packages left outdoors or uncollected for extended periods;

  • Extreme weather conditions when appropriate shipping protections (such as heat packs or cold packs) were declined or not selected;

  • Incorrect or incomplete shipping addresses provided by you;

  • Care mistakes, neglect, or environmental conditions after delivery (light, temperature, humidity, pets, etc.).

8. Returns, refunds, and cancellations

Because of the nature of live plants, returns are limited.

  • Returns of live plants: In most cases, we cannot accept returns of live plants once they have left our care, except where required by law or as agreed on a case-by-case basis.

  • Non-plant items: For non-perishable products (such as certain supplies or accessories), we may accept returns in unused, resalable condition within a specified period (for example, 14 days) at our discretion. Shipping costs may be non-refundable, and return shipping may be your responsibility.

  • Refunds / credits: When issues arise, we may offer replacements, store credit, or partial refunds depending on the situation.

  • Cancellations: You may request cancellation of an order before it has been packed or shipped. Once an order is packed or handed to the carrier, cancellation may no longer be possible.

For any questions about returns, refunds, or cancellations, please contact us at info@threebgardens.com with your order details.

9. Plant safety, allergies, and local laws

Some plants can be toxic to humans or animals if ingested, or may cause skin irritation or allergic reactions.

  • We do not provide medical, veterinary, or legal advice.

  • You are responsible for checking whether specific plants are suitable for your household (including pets and children) and for your local regulations.

  • You are also responsible for complying with any local, state, or federal laws or regulations regarding plant importation or restrictions.

If you are unsure about a plant’s safety or legality in your area, please research or consult an appropriate professional before purchase.

10. Third-party platforms and links

We may use or link to third-party platforms such as Whatnot, social media sites, marketplaces, or other websites.

  • Your use of those platforms is governed by their terms and privacy policies, not ours.

  • We are not responsible for the content, policies, or practices of third-party sites or services.

  • If you purchase through a third-party platform (such as Whatnot), that platform’s purchase and refund rules may apply in addition to these Terms.

We recommend reviewing the terms and privacy policies of any third-party services you use.

11. User content (reviews, photos, social media)

You may be able to submit reviews, comments, photos, or other content (“User Content”) to the Site or to our pages on third-party platforms.

By submitting User Content, you:

  • Represent that you own or have the right to share that content;

  • Grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and share that content in connection with our business (for example, in marketing materials or on social media), in accordance with applicable law;

  • Agree not to post content that is unlawful, defamatory, hateful, infringing, or otherwise inappropriate.

We reserve the right (but have no obligation) to remove or decline to display any User Content at our discretion.

12. Intellectual property

Unless otherwise stated:

  • The Site and its content, including text, logos, images, graphics, and designs (collectively, the “Content”) are owned by or licensed to Three B Gardens and are protected by copyright, trademark, and other intellectual property laws.

  • You may use the Site and its Content for your personal, non-commercial use only.

  • You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Content without our prior written permission.

“Three B Gardens” and any associated logos or branding are trademarks or service marks of Three B Gardens.

13. Disclaimer of warranties

The Site and its Content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

  • Any warranties arising from course of dealing or usage of trade;

  • Any warranties that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, including plant care information, and you rely on such information at your own risk. You are responsible for how you care for and handle plants after they arrive.

14. Limitation of liability

To the fullest extent permitted by law, Three B Gardens and its owners, employees, and agents shall not be liable for any:

  • Indirect, incidental, consequential, special, or punitive damages; or

  • Loss of profits, revenue, data, or goodwill,

arising out of or in connection with:

  • Your use of or inability to use the Site;

  • Any products or services purchased from us;

  • Any content or actions of third parties.

Our total liability for any claims arising out of or relating to the Site or your purchases shall not exceed the amount you paid to us for the order giving rise to the claim.

Some jurisdictions do not allow limitations of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Three B Gardens and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your use of the Site or our products;

  • Your violation of these Terms;

  • Your violation of any rights of another person or entity.

16. Governing law and disputes

These Terms and your use of the Site are governed by the laws of the State of Florida, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Site shall be brought in the state or federal courts located in Lee County, Florida, and you consent to the exclusive jurisdiction and venue of such courts.

If you are subject to consumer protection laws in your home jurisdiction that provide you additional rights, these Terms are intended to be interpreted consistent with those protections.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page. Significant changes may also be posted more prominently on the Site.

Your continued use of the Site after changes are posted means you accept the revised Terms.

18. Contact us

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

Email: info@threebgardens.com