Refund & cancellation policy

A.J.'s Evergreen Nursery, LLC — Refund, Cancellation & Delivery Policy

Effective Date: 05/29/2026

This Policy governs all purchases made through ajsevergreennursery.com and constitutes a binding agreement between the customer ("Buyer") and A.J.'s Evergreen Nursery, LLC ("Seller"). By completing a purchase, Buyer acknowledges that they have read, understood, and agreed to the terms set forth herein. This Policy is displayed prior to checkout in compliance with Massachusetts General Laws Chapter 93A.

1. Order Cancellations

Buyer may cancel any order within twenty-four (24) hours of the time of purchase for a full refund of the purchase price. After twenty-four (24) hours, cancellations are subject to a non-refundable fee equal to twenty-five percent (25%) of the total order value ("Cancellation Fee"), which compensates Seller for preparation, plant care, and handling costs incurred. Once an order has been packaged for shipment or has been transferred to a carrier, the order is non-cancellable and non-refundable under any circumstances.

2. Local Delivery — Cancellation and Refusal

For orders fulfilled via local delivery, Buyer's right to cancel terminates at the time the delivery vehicle departs Seller's nursery located at 10 Old Town Farm Rd., Westminster, MA 01473. Once departure has occurred, the order is considered in fulfillment and the following terms apply without exception:

(a) If Buyer refuses delivery, cancels delivery, or fails to accept delivery at the agreed location and time for any reason — including but not limited to dissatisfaction with plant appearance, change of mind, or failure to be present — Buyer shall forfeit the right to a full refund.

(b) The following fees shall be deducted from any refund issued:

A Cancellation Fee equal to twenty-five percent (25%) of the total order subtotal; and
A delivery labor fee of $175.00 per trip, covering loading, transport, and unloading, applied to both the outbound and return delivery ($350.00 total in the event of refusal).

(c) The net remaining balance, if any, shall be refunded to Buyer's original payment method within ten (10) business days. If the aggregate fees set forth in Section 2(b) equal or exceed the total order value, no refund shall be issued, and Buyer shall not be liable for any amount exceeding the original purchase price.

(d) Buyer is solely responsible for ensuring a responsible adult is present at the agreed delivery location and time. Failure to be present constitutes a delivery refusal under this Section.

3. Documentation of Delivery

Seller reserves the right to photograph and/or video record all plant inventory at the time of departure and at the point of delivery as evidence of plant condition and delivery completion. Such documentation may be used in connection with any payment dispute, chargeback proceeding, or legal action.

4. Returns

Seller does not accept return shipping of live plant material. In the event Seller ships an incorrect product, Seller shall ship the correct product at no additional charge. If no replacement is available, Seller shall issue either a store credit or a full refund at Buyer's election.

5. Dispute Resolution and Chargebacks

Prior to initiating any chargeback, payment dispute, or third-party claim, Buyer agrees to contact Seller directly to resolve the matter in good faith. Seller may be reached at (978) 489-2214 or AJsEvergreenNursery@gmail.com. Chargebacks initiated against charges that are consistent with this Policy — including but not limited to valid Cancellation Fees and delivery labor costs — will be disputed by Seller. Seller will submit this Policy, evidence of pre-checkout disclosure, and all documentation of Buyer's agreement as evidence to the applicable card network or financial institution.

In the event a dispute cannot be resolved through direct communication, the parties agree that the matter shall be governed by the laws of the Commonwealth of Massachusetts, and that venue for any legal proceeding shall be in Worcester County, Massachusetts.

6. Policy Disclosure

This Policy is disclosed on product pages, in the shopping cart, and at checkout. Completion of a purchase — including clicking "I agree" at checkout — constitutes Buyer's express acceptance of these terms. Seller maintains records of all such acceptances.

A.J.'s Evergreen Nursery, LLC | 10 Old Town Farm Rd., Westminster, MA 01473 | (978) 489-2214 | AJsEvergreenNursery@gmail.com