Your Use of This Website is governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Banana-tree.com website.
These Terms and Conditions May Change
Banana-tree.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
Electronic Communications
When you visit Banana-tree.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Banana tree Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Banana tree Inc and protected by U.S. and international copyright laws. All software used on this site is the property of Banana tree Inc or its software suppliers and protected by United States and international copyright laws.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Banana-tree.com only with involvement of a parent or guardian. Banana Tree Inc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss
Despite our best efforts, a small number of the items on our Web site may be mispriced. As part of our shipping procedures, we verify price before an item is shipped out.
- If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price we will be notified on your receipt.
We do not offer additional discounts on large orders of a single item or on large orders of many individual items. We reserve the right to limit quantities.
The risk of loss and title to items pass to the purchaser upon delivery to carrier.
Please plant seeds when they are received. Nearly all that we offer are fresh tropical seeds that will lose viability quickly if not planted soon. They should not be held on a shelf until you have the time.
WARRANTY:
We sell a live product which depends on many important related grower skills such as proper planting time, seed depth, and type of soil, irrigation, proper use of fertilizers, weed controls, fungicides, insecticides, disease free soil and reasonable weather conditions during the growing period. These factors are totally out of our control and are the grower's responsibility and risk. Our products cannot be unconditionally guaranteed to perform properly regardless of weather conditions or the grower's methods or mistakes.
Banana Tree warrants that the seed it sells conforms to the label description as required by Provincial and / or State and Federal Seed Laws. Our liability is limited to the purchase price of the seeds only. We make no other warranties, guarantees or conditions express or implied of the merchantability, fitness for particular purpose or otherwise of the seed sold by it or the crops grown from such seeds.
During very cold weather we continue to ship banana rhizomes and we wrap them well enough to reach their destination but you must be there to receive them since they cannot be left out by the mailman or they will freeze. This is not our responsibility. If this is not possible you should wait until the warmer season to order.
DISCLAIMERS –– GENERAL
THE BANANA-TREE.COM WEBSITE IS OPERATED BY BANANA TREE INC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BANANA-TREE.COM, BANANA TREE INC, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THE BANANA TREE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
THE BANANA TREE DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THE BANANA TREE ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE BANANA TREE OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE BANANA TREE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TARGET CORPORATION BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE BANANA-TREE.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF PENNSYLVANIA, UNITED STATES OF AMERICA.