Last updated: June 20, 2026. Please read these terms before placing an order.
These Terms & Conditions (“Terms”) govern purchases made through the online nursery shop of The John Fairey Garden (“the Garden,” “we,” “us,” or “our”). By placing an order you agree to these Terms. Please read them together with our Privacy Policy.
1. About our nursery
The John Fairey Garden is a nonprofit botanical garden in Hempstead, Texas. The plants and seeds we offer are propagated from the Garden’s living collection, and every purchase supports our conservation mission. Because our stock is grown in limited quantities, availability changes throughout the season.
2. Plants are pickup-only; seeds may ship
Plants are available for pickup at the Garden only and are not shipped. Seeds may be shipped within the United States or picked up at the Garden. If your order contains any plant, the entire order (including any seeds) is pickup-only; to have seeds shipped, please place a separate seeds-only order.
3. Pickup
During checkout you will choose a pickup date. Pickups take place on our open days (Tuesday through Saturday); the earliest available date is the second open day after your order is placed. Please bring your order number. Orders not collected within thirty (30) days may be returned to inventory; contact us to reschedule.
4. Shipping (seeds only)
Seed orders ship within the United States for a flat rate of $5 per order. We are not able to ship outside the United States. Seeds are shipped after your order is processed; delivery times vary by destination and carrier.
5. Pricing and payment
All prices are in U.S. dollars and are subject to change without notice. Any applicable sales tax is added at checkout. Payment is processed securely by Square; we do not collect or store your full card number. We accept major credit and debit cards.
6. Member discount
Garden members may receive a discount by entering the current member code at checkout. The discount applies to nursery purchases and may be changed or discontinued at any time. Misuse of a member code may result in cancellation of the order.
7. Order confirmation
After placing an order you will receive an email confirmation with your order number and details. If you do not receive it, please check your spam folder or contact us.
8. Returns, refunds, and plant health
We want you to be happy with your plants and seeds. Because these are living products:
- Please inspect plants at pickup. If a plant is not healthy at the time of pickup, we will replace it or refund it.
- Once a plant leaves the Garden, its success depends on planting site and care, which are beyond our control; we cannot guarantee establishment or long-term growth.
- Seed sales are final. If seeds arrive damaged or incorrect, contact us within seven (7) days and we will make it right.
Approved refunds are issued to the original payment method through Square.
9. Availability and waitlist
Stock is limited and offered on a first-come, first-served basis. If an item is sold out, you may ask to be notified by email when it returns. We do not guarantee that any sold-out item will be restocked.
10. Limitation of liability
To the fullest extent permitted by law, The John Fairey Garden is not liable for any indirect, incidental, or consequential damages arising from your use of the shop or from the planting, care, or consumption of any plant or seed. Our total liability for any order will not exceed the amount you paid for that order. Some plants may be harmful to people or animals if ingested; please research plants before placing them where children or pets have access.
11. Intellectual property
All content on this website, including text, photographs, and the Garden’s name and logo, is owned by The John Fairey Garden or its licensors and may not be used without permission.
12. Privacy
Your use of the shop is also governed by our Privacy Policy, which explains how we handle your information.
13. Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
14. Changes to these Terms
We may update these Terms from time to time. The version in effect when you place an order applies to that order.
15. Contact us
The John Fairey Garden
20559 F.M. 359 Road, Hempstead, TX 77445
nursery@jfgarden.org
