Terms of Service

Last Updated: August 10, 2026

Welcome to Zen Possum Nursery. By accessing or using our website located at www.zenpossum.com and purchasing from our Shopify store, you agree to be bound by the following Terms of Service ("Terms"). Please read them carefully before placing an order.

1. General Conditions & Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. We reserve the right to refuse service to anyone for any reason at any time.

2. Live Plant Disclaimers & Natural Variation

• Biological Variation: Plants are living organisms. Photos on our site represent typical, healthy specimens, but actual plants shipped will vary naturally in size, color, branching structure, and leaf shape depending on the species and growing stage.
• Dormancy: We exclusively ship plants during their natural dormant periods in Spring and Fall. Plants shipped while dormant will arrive without leaves, flower blooms, or active growth, and may be pruned back for transport. Dormancy is a natural, healthy state for shipping native stock and does not indicate a dead or defective plant.

3. Orders, Seasonal Shipping & Weather Holds

• Seasonal Pre-Orders: Placing an order reserves plants from our nursery inventory for the selected shipping window (Spring or Fall). Payment is processed at the time the order is placed to secure inventory.
• Shipping Window Selection: You are responsible for selecting the correct shipping season at checkout. Orders containing items for separate shipping seasons may be split, and additional shipping charges may apply.
• Weather & Regulatory Holds: We reserve the right to pause or delay shipments to protect plant health during extreme weather conditions (e.g., severe freezes or heat waves). We also reserve the right to cancel orders intended for destinations restricted by state agricultural authorities or quarantine regulations (e.g., Spotted Lanternfly or state-level nursery restrictions).

4. Limitation of Liability

To the fullest extent permitted by applicable law:

• Cap on Liability: Our total financial liability for any claim arising from an order or product failure is strictly limited to the purchase price paid for the specific plant or item in question.
• Exclusion of Consequential Damages: We are not liable for any indirect, incidental, or consequential damages, including but not limited to landscaping labor costs, soil amendments, secondary garden failure, or loss of potential yield. Once a plant is delivered in healthy condition, we cannot control environmental factors (e.g., soil type, watering routines, hardiness zone suitability, wildlife damage, or unseasonal climate events).

5. Guarantees & Returns

All plant purchases are subject to our Live Arrival Guarantee and Return Policy, which require notice within 48 hours of delivery (with photos) for plants that arrive damaged or dead in transit. Standard physical returns of live plants are not accepted.

6. Billing & Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. We reserve the right to refuse or cancel any order if fraud or an unauthorized transaction is suspected.

7. Intellectual Property

All content on this website—including plant descriptions, photograph assets, educational guides, logos, and branding—is the property of Zen Possum LLC and protected by intellectual property laws. Content may not be reproduced, duplicated, or resold without our prior written consent.

8. Governing Law

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

9. Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes.

10. Contact Information

Questions about the Terms of Service should be sent to us at:

• Zen Possum Nursery
• zenpossum25@gmail.com