Terms of Service
Effective Date: April 20, 2026 | Last Revised: April 20, 2026
1. Agreement to Terms
These Terms of Service ("Agreement") constitute a legally binding contract between you ("Buyer," "you," or "User") and Austin Peppers, a sole proprietorship organized under the laws of the State of Texas ("Company," "we," "us," or "our"), governing your access to and use of austinpeppers.com (the "Site") and all purchases of products therefrom.
BY ACCESSING THE SITE OR PLACING AN ORDER, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE, YOU MUST CEASE USE OF THE SITE IMMEDIATELY AND REFRAIN FROM PLACING ANY ORDER.
We reserve the right to amend this Agreement at any time. Amendments become effective upon posting to the Site with a revised "Last Revised" date. Continued use of the Site following any amendment constitutes acceptance of the revised terms.
2. Nature of Products — Live Plant Acknowledgment
Austin Peppers sells live pepper plants. By placing an order, you expressly acknowledge and agree to the following:
Live plants are perishable agricultural products. Appearance, size, foliage density, and overall condition at time of delivery may vary materially from product photographs, which are representational only.
Some degree of transit stress — including temporary wilting, partial leaf drop, or soil disturbance — is normal, expected, and does not constitute a defect or grounds for refund absent a condition covered under Section 8 (Limited Guarantee).
You assume full responsibility for the care, cultivation, and maintenance of plants following delivery. The Company does not warrant any particular raising outcome, yield, fruit production, or plant longevity.
The Company reserves the right to substitute a plant variety of equal or greater value where the ordered variety is unavailable at time of fulfillment, without prior notice.
3. Geographic Restrictions — USDA / Phytosanitary Compliance
The interstate shipment of live plants is regulated under the Plant Protection Act, 7 U.S.C. § 7701 et seq., and regulations promulgated by the United States Department of Agriculture Animal and Plant Health Inspection Service ("USDA-APHIS"). The Company ships exclusively to addresses within the forty-eight (48) contiguous United States. We do not ship to Hawaii, Alaska, Puerto Rico, Guam, the U.S. Virgin Islands, or any international destination.
Certain states impose additional agricultural import restrictions. It is your sole responsibility to verify that receipt of live pepper plants complies with all applicable federal, state, and local laws, ordinances, and regulations at your destination. The Company shall bear no liability for orders seized, quarantined, or destroyed by federal or state agricultural authorities.
4. Orders, Pricing, and Payment
All orders are subject to acceptance and availability. Submission of an order constitutes an offer to purchase; a binding contract is formed only upon the Company's issuance of a written order confirmation. We reserve the right to refuse, cancel, or limit any order for any reason, including suspected fraud, inaccurate pricing, or product unavailability, with full refund of any amount charged.
Prices are displayed in United States Dollars and are subject to change without notice. The price charged shall be the price in effect at the time of order confirmation. The Company is not responsible for pricing errors; in the event of a material pricing error, we reserve the right to cancel the order and issue a full refund.
Payment is due in full at time of purchase. All payments are processed by Shopify Payments, a third-party processor, pursuant to their applicable terms. The Company does not store, access, or process payment card data. Applicable sales tax will be collected where required by law.
5. Shipping and Delivery
The Company ships all orders on Mondays to protect plant health and minimize carrier transit time over weekends. Estimated delivery windows are provided as a courtesy and are not guaranteed, and the Company does not offer expedited or guaranteed-date delivery. Delivery delays caused by carriers, weather events, natural disasters, labor disputes, governmental actions, or other causes beyond the Company's reasonable control shall not constitute a breach of this Agreement.
Title to and risk of loss for all products passes to Buyer upon tender of the products to the carrier at the Company's facility, consistent with F.O.B. shipping point terms under the Texas Uniform Commercial Code, Tex. Bus. & Com. Code § 2.319. The Company shall not be liable for loss, theft, damage, or delay occurring after tender to the carrier.
The Company shall not be responsible for failed deliveries resulting from an incorrect or incomplete shipping address provided by Buyer, recipient unavailability, or refusal of delivery. Re-shipment fees, if applicable, shall be borne solely by Buyer.
6. Returns Policy
ALL SALES ARE FINAL. Due to the perishable and living nature of our products, the Company does not accept returns under any circumstances. This policy is consistent with standard practice for live plant vendors and is a material term of this Agreement. By placing an order, you expressly waive any right to return products for reasons other than those addressed under the Limited Guarantee in Section 8.
7. Cancellations
Orders may be cancelled only prior to fulfillment. Once an order has been packed or shipped, cancellation is not available. To request a pre-fulfillment cancellation, contact us immediately at info@austinpeppers.com. Cancellations are granted at the Company's sole discretion.
8. Limited Plant Health Guarantee
Subject to the conditions and exclusions set forth herein, the Company warrants that plants will be shipped in a healthy, living condition. If a plant arrives dead on arrival ("DOA") or in a condition that, in the Company's reasonable determination, renders it non-viable for cultivation, the Company will, at its sole election, provide either a replacement plant of equal value or a store credit.
Conditions for Guarantee Eligibility:
Buyer must contact the Company at info@austinpeppers.com within thirty (30) calendar days of the confirmed delivery date.
Buyer must provide the original order number and photographic evidence clearly depicting the condition of the plant and its packaging at time of receipt.
The plant must remain in its original shipped container, unpotted, at the time the photograph is taken.
Exclusions — This Guarantee Does Not Cover:
Plant decline, death, or failure to thrive occurring after delivery due to improper watering, fertilization, lighting, temperature exposure, transplant shock unrelated to transit, pests, disease, or any condition attributable to Buyer's care or environment.
Cosmetic transit stress that does not impair plant viability, including temporary wilting, minor leaf drop, or soil displacement.
Damage resulting from delivery to an incorrect address supplied by Buyer, refusal of delivery, or failure to retrieve a package within a reasonable time after delivery notification.
Damage caused by extreme weather conditions at the delivery location after tender to the carrier.
Claims submitted after the thirty (30) day window.
Pre-order, limited-edition, or items marked "as-is" at time of sale.
THIS LIMITED GUARANTEE IS THE EXCLUSIVE REMEDY OF BUYER WITH RESPECT TO PRODUCT CONDITION AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ISSUANCE OF A REPLACEMENT OR CREDIT UNDER THIS GUARANTEE SHALL CONSTITUTE FULL AND FINAL SATISFACTION OF ANY CLAIM RELATED TO PRODUCT CONDITION.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
No oral or written information provided by the Company or its representatives shall create a warranty not expressly stated herein.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY PRODUCTS PURCHASED HEREUNDER, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; in such jurisdictions, the above limitations apply to the fullest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of this Agreement; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that content you submitted caused damage to a third party.
12. Intellectual Property
All content on the Site, including without limitation text, photographs, graphics, illustrations, logos, trade names, product descriptions, and software (collectively, "Content"), is owned by or licensed to the Company and is protected by United States and international copyright, trademark, and other intellectual property laws. No Content may be reproduced, distributed, modified, publicly displayed, or otherwise exploited without the prior written consent of the Company.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to scrape, aggregate, data-mine, or otherwise extract Content in bulk.
13. Force Majeure
The Company shall not be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, governmental orders, war, terrorism, labor disputes, carrier failures, or agricultural quarantine actions by USDA-APHIS or any state department of agriculture. In such events, the Company's obligations shall be suspended for the duration of the force majeure condition.
14. Dispute Resolution — Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org. The arbitration shall be conducted on an individual basis; class arbitrations and class actions are not permitted.
The arbitration shall take place in Travis County, Texas, unless the AAA Consumer Rules provide otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS OF FIRST USE OF THE SITE BY SENDING WRITTEN NOTICE TO info@austinpeppers.com WITH THE SUBJECT LINE "ARBITRATION OPT-OUT."
15. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 14, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Texas.
16. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
17. Entire Agreement
This Agreement, together with our Privacy Policy (incorporated herein by reference), constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, warranties, and agreements, whether oral or written.
18. Waiver
No failure or delay by the Company in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.
19. Contact
All legal notices under this Agreement must be sent in writing to: Austin Peppers South Texas info@austinpeppers.com