Terms of service

RIVENDELL DISTRIBUTION

TERMS OF SERVICE

Effective Date: January 28th, 2026

QUICK SUMMARY

This summary is provided for convenience only. The full legal Terms below control.

  • Most landscape and horticultural products are final sale, especially sod, seed, live plant material, special orders, and seasonal goods.

  • Inspect all orders immediately upon delivery or pickup.
    Any damage, shortages, or defects must be reported in writing within 10 days.

  • Approved returns only:

    • 0–10 days: no restocking fee

    • 11–45 days: 20% restocking fee + freight

    • After 45 days: no returns accepted

  • Shipping and freight charges are non-refundable.

  • Perishable goods cannot be cancelled once harvested or prepared.

  • Natural variation in horticultural products is expected and not considered a defect.

  • All products are sold “as is.”

1. OVERVIEW & ACCEPTANCE

This website is operated by Rivendell Distribution (“Rivendell,” “we,” “us,” or “our”). By accessing this website or purchasing any product or service, you (“Buyer,” “Customer,” or “you”) agree to be bound by these Terms of Service (“Terms”), including all policies incorporated by reference, including the Privacy Policy and Return Policy.

If you do not agree to these Terms, you may not access or use the Service.

2. ELIGIBILITY & AUTHORITY

You represent that you are at least the age of majority in your jurisdiction and have the authority to bind yourself or any entity on whose behalf you are acting.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time.
You agree not to reproduce, duplicate, sell, or exploit any portion of the Service without written consent.

All in-store sales are final unless expressly approved in writing by Rivendell.

4. PRODUCTS, PRICING & AVAILABILITY

Prices, shipping rates, and availability are subject to change without notice.

Local delivery rates are estimates and may be adjusted based on:

  • delivery location

  • pallet space required

  • scheduling and logistics confirmation

Rivendell reserves the right to cancel or modify orders at its sole discretion.

5. INSPECTION, ACCEPTANCE & CLAIMS

Buyer must inspect all goods immediately upon receipt or pickup.

  • Visible damage or shortages must be noted at delivery.

  • All claims for defects, shortages, or non-conformance must be submitted in writing within 10 days of receipt.

  • Failure to do so constitutes acceptance of goods and waiver of all claims.

Natural variation in color, texture, size, growth, and appearance is inherent to horticultural products and does not constitute a defect.

6. PERISHABLE & SEASONAL GOODS

Living or time-sensitive products (including sod, seed, wildflowers, and live plant material) may require prepayment or credit/debit card pre-authorization prior to harvest or shipment.

Pre-ship verification (written or verbal) constitutes a binding commitment to purchase harvested goods, whether accepted, picked up, or delivered or not.

Orders for perishable goods cannot be cancelled within 24 hours of scheduled harvest or delivery.

In the event of equipment failure, acts of God, or other unforeseen circumstances preventing fulfillment, pre-authorizations will be cancelled and prepayments refunded.

7. RISK OF LOSS & TITLE

Risk of loss and title pass to Buyer:

  • upon delivery for local deliveries, or

  • upon carrier pickup for shipped orders

Buyer assumes all risk for returned goods during transit.

8. RETURNS & FINAL SALE POLICY

(Supersedes All Prior Return Language)

A. NON-RETURNABLE ITEMS

The following items are non-returnable and non-refundable:

  • sod, seed, wildflowers, and live plant material

  • perishable or seasonal goods

  • special order products

  • installed, altered, or used materials

  • clearance or discontinued items

B. RETURN AUTHORIZATION

All returns require prior written approval. Unauthorized returns will be refused.

C. RETURN TIMEFRAMES

Time From Receipt Eligibility Fees
0–10 days Approved only No restocking fee
11–45 days Approved only 20% restocking fee + freight
After 45 days ❌ No returns N/A

D. CONDITION OF RETURNS

Returned goods must be:

  • unused and uninstalled

  • freight prepaid

  • in original packaging

  • in resalable condition, as determined solely by Rivendell

Rejected goods receive no credit.

E. CREDITS

Approved returns result in merchandise credit only, less:

  • original shipping and handling

  • freight charges

  • restocking fees

No cash refunds unless required by law.

F. DROP-SHIPPED GOODS

Drop-shipped items are subject to manufacturer return policies, which may exceed 20% restocking or prohibit returns entirely.

9. USE, INSTALLATION & PERFORMANCE DISCLAIMER

Rivendell does not perform site evaluation, soil testing, grading, or installation unless expressly agreed to in writing.

Buyer assumes full responsibility for:

  • installation methods

  • site conditions

  • irrigation and maintenance

  • compliance with local codes

No guarantee is made regarding growth success, longevity, or suitability for a specific project.

10. WARRANTIES & LIMITATION OF REMEDY

All products and services are provided “AS IS” and “AS AVAILABLE.”

Buyer’s sole and exclusive remedy for defective goods is replacement or credit, at Rivendell’s discretion.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Rivendell shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or goodwill.

12. NET ACCOUNT TERMS

Approved credit accounts are due on the 10th day of the month following purchase.

Past-due balances may accrue finance charges at the lesser of 3% per month or the maximum rate permitted by law, plus collection and attorney fees.

Rivendell may suspend or terminate credit privileges at any time.

13. CREDIT CARD PAYMENTS

Dealer accounts may be subject to a processing fee of up to 3% on credit card transactions where permitted by law.

14. FORCE MAJEURE

Rivendell shall not be liable for delays or failure to perform due to events beyond its reasonable control, including weather, crop availability, labor shortages, transportation disruptions, or acts of God.

15. INDEMNIFICATION

Buyer agrees to indemnify and hold harmless Rivendell from all claims arising from Buyer’s breach of these Terms or misuse of products.

16. TERMINATION

Rivendell may terminate or suspend access at any time. Obligations incurred prior to termination survive.

17. GOVERNING LAW & VENUE

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

Venue lies exclusively in state or federal courts located in Colorado.

18. WAIVER OF JURY TRIAL & CLASS ACTION

Each party waives the right to a jury trial. Claims must be brought individually, not as part of a class action.

19. ENTIRE AGREEMENT

These Terms constitute the entire agreement and supersede all prior agreements or communications.

20. CONTACT INFORMATION

customerservice@rivendelldistribution.com