Terms of service
OVERVIEW
Welcome to Joey’s Houseplants. The terms “we,” “us” and “our” refer to Joey’s Houseplants. We operate this store and website, including the related information, content, features, tools, products and services made available through them (collectively, the “Services”). Joey’s Houseplants is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with every policy incorporated into them (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services or purchase from us.
Please read these Terms carefully. By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy. Please visit the Privacy Policy page of our website to review that policy. If you do not agree, you should not use or access the Services.
SECTION 1 — ACCESS AND ACCOUNTS
By agreeing to these Terms, you represent that you are at least the age of majority where you live, or that you are the age of majority and have authorized any minor dependent under your supervision to use the Services on a device you own or manage.
You may be asked to provide information such as your email address and billing, payment and shipping details. You represent that all information you provide is accurate, current and complete and that you have the right to provide it.
You are responsible for safeguarding your account credentials and for activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 — LIVE PLANTS, PRODUCT INFORMATION AND SAFETY
Plants are living organisms and naturally vary in height, shape, coloring, fullness, leaf count and growth pattern. Product photographs show the plant variety and the general size and appearance offered, but the plant you receive will not be identical to a photograph. Measurements are approximate.
Decorative pots, planters, stands and other accessories shown in photographs are not included unless the product description expressly states that they are included. Nursery pots are included when stated in the product description.
We make reasonable efforts to display product colors and appearances accurately, but your device and display settings can affect how they appear. Product descriptions, availability and quantities may be changed or discontinued without notice.
Some plants may be harmful or toxic if consumed by people or animals. Plants are sold for ornamental use and are not intended for consumption. Keep plants away from children and pets when appropriate. Plant-care and pet-safety information is general educational information and is not medical or veterinary advice. Customers are responsible for confirming that a plant is appropriate for their household.
Plant health after delivery depends on environmental conditions and care, including light, temperature, watering, humidity and repotting. Care guidance and support do not guarantee the plant’s continued health after the coverage described in our Healthy Arrival Guarantee has ended.
SECTION 3 — ORDERS
Placing an order is an offer to purchase. We may accept, decline, limit or cancel an order for reasons including product availability, suspected fraud, pricing or listing errors, weather risks, shipping restrictions or legal requirements. An order is not accepted until we confirm acceptance and process payment.
Review your order carefully before submitting it. We may be unable to cancel or modify an order after it has been accepted or fulfillment has begun. If we decline or cancel an order after collecting payment, we will refund the amount collected for the canceled item or order.
You are responsible for providing a complete and accurate shipping address. Contact us immediately if you notice an error. We cannot guarantee that an address can be changed after an order has entered fulfillment or has been transferred to a carrier.
You represent that purchases are for lawful personal or household use and not for unauthorized commercial resale or export. We may restrict shipments to destinations where a plant cannot legally or safely be sent.
SECTION 4 — PRICES, PROMOTIONS AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price shown when the order is placed and reflected in the order confirmation. Unless expressly stated otherwise, listed prices do not include applicable taxes, shipping or handling charges.
Promotions may have separate rules. If promotional terms conflict with these Terms, the promotional terms control for that promotion. Promotions cannot be combined unless expressly stated.
You agree to provide accurate and current purchase, payment and account information. You represent that you are authorized to use the payment method provided and agree to pay all valid charges, including applicable shipping charges and taxes.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery are governed by our Shipping Policy and Healthy Arrival Guarantee, which are incorporated into these Terms. Please visit the Shipping Policy and Healthy Arrival Guarantee pages of our website to review the current policies before placing an order.
Delivery and transit times are estimates and are not guaranteed. Weather, carrier disruptions, holidays, incorrect addresses and other circumstances can affect delivery. We may temporarily hold an order when temperatures or other conditions at our location, the destination or along the shipping route could threaten the plant’s health.
If a hold or other delay prevents us from shipping within a timeframe we expressly promised, we will notify you and provide the opportunity to agree to the delay or cancel the unshipped order for a refund, as required by applicable law.
You will receive tracking information after shipment. Please monitor tracking and bring the package indoors promptly after delivery. Nothing in this section limits rights provided by the Healthy Arrival Guarantee or rights that cannot be limited under applicable law.
SECTION 6 — RETURNS, REFUNDS AND HEALTHY ARRIVAL
Because plants are living and perishable, we generally do not accept returns or provide refunds after delivery except as stated in our Refund Policy, our Healthy Arrival Guarantee or as required by applicable law. Please visit the Refund Policy and Healthy Arrival Guarantee pages of our website to review the current policies before placing an order.
Claims concerning a plant’s condition upon delivery must be submitted in the manner and within the timeframe stated in the Healthy Arrival Guarantee. The guarantee currently requires delivery-related claims to be emailed within 48 hours of the carrier’s recorded delivery time with the required photographs and information.
Minor cosmetic imperfections, temporary wilting, bent or broken leaves and other recoverable shipping stress do not necessarily mean that a plant is dead. Damaged plants are evaluated individually, and the available resolution will be determined under the Healthy Arrival Guarantee.
SECTION 7 — INTELLECTUAL PROPERTY
The Services, including their trademarks, branding, text, photographs, graphics, product reviews, videos, audio and design, selection and arrangement, are owned by us, our affiliates or our licensors and are protected by applicable intellectual-property laws.
You may use the Services only for personal, noncommercial purposes. Unless we give prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit material from the Services, except for ordinary browser caching and uses expressly permitted by law.
The Joey’s Houseplants name, logos, product names, designs and slogans are our trademarks or those of our licensors. Shopify’s names and marks belong to Shopify. Other names and marks belong to their respective owners.
SECTION 8 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools or features operated by third parties that we do not control. Such tools are provided on an “as is” and “as available” basis, subject to applicable law and the third party’s own terms. Your use of optional third-party tools is at your discretion and risk.
New features, tools and resources that we may offer through the Services will also be part of the Services and subject to these Terms.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain links to or embedded functionality from third parties. We are not responsible for the content, accuracy, availability or practices of third-party sites and services. Review their policies before engaging in a transaction or providing information. Questions about third-party products or services should be directed to the applicable third party.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Joey’s Houseplants is powered by Shopify, which enables us to provide the Services. Purchases from our store are made directly from Joey’s Houseplants, not Shopify. To the extent permitted by law, Shopify is not responsible for sales between you and Joey’s Houseplants or for injury, damage or loss arising from products purchased from us.
SECTION 11 — PRIVACY
Personal information we collect through the Services is handled under our Privacy Policy. Please visit the Privacy Policy page of our website to review the current policy. Because Shopify hosts the Services, Shopify also processes certain personal information relating to your access to and use of the Services.
Shopify’s Privacy Policy is available at https://www.shopify.com/legal/privacy.
Information submitted through the Services may be shared with Shopify and service providers that may process information in countries other than the country where you live, as further explained in our Privacy Policy.
SECTION 12 — REVIEWS AND FEEDBACK
If you submit reviews, photographs, ideas, suggestions or other feedback (“Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for operating, improving and promoting the Services, subject to applicable law.
You represent that you own or have permission to submit the Feedback, have disclosed any compensation or incentive connected with it, and that it does not violate another person’s rights or contain unlawful, misleading, defamatory, abusive or malicious material.
We may monitor, edit or remove Feedback, but are not required to do so. You are responsible for the Feedback you submit and its accuracy.
SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS
Information in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct errors, update information, or cancel an affected order. If we cancel an item or order after collecting payment, we will refund the amount collected for the canceled item or order.
SECTION 14 — PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to violate law or another person’s rights; commit fraud; submit false or misleading information; harass, threaten or harm another person; transmit malware or unsolicited commercial messages; impersonate another person; collect personal information without authorization; interfere with the Services; bypass security measures; or disrupt another person’s use of the Services.
You may not use automated tools to scrape, extract or exploit substantial portions of the Services, evade technical restrictions, interfere with security, or burden the Services. This restriction does not prohibit ordinary indexing by search engines or other automated access that we authorize or permit through published technical instructions.
We may suspend or terminate access if we reasonably determine that these Terms have been violated.
SECTION 15 — TERMINATION
We may suspend or terminate your access to the Services, in whole or in part, if you violate these Terms, create risk or potential legal exposure, or misuse the Services. You remain responsible for amounts properly due through the termination date.
Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law and amounts owed.
SECTION 16 — DISCLAIMER OF WARRANTIES
Except for the express coverage provided by our Healthy Arrival Guarantee and any warranties or rights that cannot legally be excluded, information made available through the Services is provided for general informational purposes. We do not guarantee that plant-care guidance will produce a particular result because plant health depends on conditions and care outside our control.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN OUR HEALTHY ARRIVAL GUARANTEE, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA, ARISING FROM THE SERVICES OR PRODUCTS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PRODUCT, ORDER OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY CAUSED BY CONDUCT FOR WHICH LIABILITY CANNOT LEGALLY BE LIMITED, OR ANY OTHER LIABILITY OR CONSUMER RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SECTION 18 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Joey’s Houseplants, Shopify and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, liabilities and reasonable attorneys’ fees arising from your material breach of these Terms, your violation of law or another person’s rights, or your unlawful or intentional misuse of the Services.
We will provide reasonable notice of an indemnifiable claim. A delay in notice will relieve you of an obligation only to the extent the delay materially prejudices your defense. You will reasonably cooperate in the defense. We will not agree to a settlement that imposes a nonmonetary obligation on you without your reasonable consent.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest lawful extent and the unenforceable portion will be severed. The remaining provisions will remain in effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision does not waive that right or provision.
These Terms and the policies incorporated by reference constitute the entire agreement between you and us concerning the Services and supersede prior or contemporaneous communications and proposals concerning the same subject matter. Nothing in this section limits rights that cannot be waived under applicable law.
SECTION 21 — ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent. We may transfer or assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or other transfer of our business, subject to applicable law.
SECTION 22 — GOVERNING LAW AND VENUE
These Terms and disputes arising from them are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Subject to applicable consumer-protection laws, venue for a dispute will lie in the state or federal courts located in Franklin County, Ohio.
Nothing in this section deprives a consumer of protections or a forum that cannot lawfully be waived under the law that applies to that consumer.
SECTION 23 — CHANGES TO THESE TERMS
You can review the current version of these Terms on this page. We may update these Terms by posting a revised version. When required by law, we will provide notice of material changes and state when they become effective. Continued use of the Services after an effective date constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms may be emailed to support@joeyshouseplants.com.
Effective date: July 27, 2026
Last updated: July 27, 2026