Last Updated: [3/29/2026]*
Welcome to FoxtailTrees LLC (“we,” “us,” or “our”), a Michigan limited liability company. These Terms and Conditions (“Terms”) govern your use of our website and the purchase of products from us. By accessing this website or placing an order, you agree to be bound by these Terms. — *
1. Acceptance of Terms* By using this website, you represent that you are at least 18 years old or are using the site under the supervision and with the consent of a parent or legal guardian, who agrees to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or purchase our products.
2. Business Identification* FoxtailTrees LLC Norton Ave Norton Shores, Michigan 49444 Contact: Courtney@foxtailtrees.com | https://foxtailtrees.com
3. Nature of Live Plants* FoxtailTrees LLC sells live, cultivated plant material. By purchasing, you acknowledge: – Plants are natural products and will vary in size, shape, color, and appearance. – Growth rates and long-term performance depend on environmental conditions, care, soil, and climate. – Transplant stress, leaf drop, and minor imperfections are normal. – No guarantees are made regarding growth rates, mature size, or long-term outcomes.
4. Pickup & Delivery* – Orders are available for local pickup or hand delivery only. – You are responsible for being present at the agreed time and location. – Risk of loss and responsibility for plants transfers at the time of pickup or delivery. – We reserve the right to delay or reschedule delivery due to weather or conditions that may harm plant health.
5. Pricing & Orders* – All prices are listed in USD. – Prices and availability may change at any time without notice. – We reserve the right to cancel or refuse any order, including due to errors in pricing or availability.
6. Live Arrival Guarantee* We guarantee that your plant will arrive in healthy, viable condition at the time of pickup or delivery. To make a claim under this guarantee: – Contact us at Courtney@foxtailtrees.com within 24–48 hours of pickup or delivery. – Provide clear photographic evidence of the plant in its original, unaltered condition. – Claims made after the 24–48 hour window or for plants altered after delivery will not be accepted.
Exclusions:* – Damage due to weather exposure after delivery – Improper planting, watering, or care – Customer delays or missed pickup/delivery – Normal plant stress or cosmetic imperfections – All claims are subject to review and approval at our sole discretion. *
7. Refunds and Returns* All sales are final. Refunds or exchanges are provided only as described in our Live Arrival Guarantee and Optional 1-Year Extended Warranty sections. Otherwise, no refunds will be issued.
8. Customer Responsibility* You are solely responsible for: – Proper planting and aftercare – Providing appropriate soil, water, and sunlight – Maintaining conditions suitable for the plant FoxtailTrees LLC is not responsible for plant failure due to environmental conditions or improper care. *
9. Optional 1-Year Extended Warranty* – An optional extended warranty may be purchased at checkout. – This covers plant viability for 12 months under normal care. – Requires proper planting and maintenance as specified. – Does not cover neglect, misuse, or extreme environmental conditions. – All warranty claims are subject to review and approval at our sole discretion; remedies, if any, will be provided at our discretion. *
10. Limitation of Liability* To the fullest extent permitted by law: – FoxtailTrees LLC’s total liability is limited to the amount paid for the product. – We are not liable for indirect, incidental, or consequential damages, including but not limited to lost profits, landscaping costs, or property damage. – Your sole and exclusive remedy for any claim is replacement or store credit, provided at our sole discretion.
11. Indemnification* You agree to indemnify, defend, and hold harmless FoxtailTrees LLC and its owners, agents, and employees from any claims, damages, or expenses (including legal fees) arising from your improper use, planting, handling of products, violation of these Terms, or actions resulting in damage or legal claims involving our products.
12. Force Majeure* FoxtailTrees LLC is not liable for failure or delay in performance due to events beyond our reasonable control, including but not limited to severe weather, natural disasters, supply chain disruptions, government actions, or pandemics.
13. Website Use* – You agree not to copy, reproduce, or distribute website content without written permission. – You may not use the site for unlawful purposes or interfere with site functionality. – Bots, scraping tools, or automated systems are prohibited without our written consent. – All content is protected by applicable intellectual property laws. *
14. Disclaimer* All products and services are provided “as is” and “as available.” We do not guarantee website uptime or that products will meet expectations beyond stated guarantees. No other warranties, express or implied, are made except as stated herein. *
15. Electronic Communications* By using this website, you consent to receive all communications electronically, including confirmations, notices, and legal disclosures, via the email address you provide. *
16. Privacy* Our collection and use of your personal information is described in our Privacy Policy, available at [insert direct link to your Privacy Policy page]. By using our website, you consent to those practices. *
17. Dispute Resolution* Any dispute or claim between you and FoxtailTrees LLC relating to these Terms, your order, or your use of this website shall first be submitted to non-binding mediation in Muskegon County, Michigan, before seeking other remedies in court.
18. Changes to Terms* We reserve the right to update these Terms at any time. Continued use of the website constitutes acceptance of any changes. *
19. Governing Law* These Terms are governed by the laws of the State of Michigan, USA. —
Questions or Support:* Email: Courtney@foxtailtrees.com Website: https://foxtailtrees.com We will respond to inquiries within 1–2 business days.
End of Terms & Conditions