Terms of Service

Terms of Service (TOS) – Paul’s Desert

Effective Date: 10/01/2025

Welcome to Paul’s Desert! These Terms of Service (“Terms”) govern your access to and use of our website, services, and products (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using Paul’s Desert website or purchasing our products, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please refrain from using our Services.

2. Use of Services

You agree to use our Services only for lawful purposes.
You may not use our site to upload or transmit harmful, illegal, or offensive content.
You are responsible for maintaining the confidentiality of your account, login, and payment information.

3. Products & Services

All plants, pottery, and other products are sold “as is,” and Paul’s Desert does not guarantee that items are suitable for all climates or conditions.
We reserve the right to modify, discontinue, or limit inventory of any product at any time without notice.
Images on the website are for illustrative purposes; actual products may vary in appearance.

4. Orders & Payment

By placing an order, you represent that you are legally capable of entering into a binding contract.
Prices and availability are subject to change without notice.
Payment must be completed at the time of purchase via our secure payment system.

5. Shipping & Delivery

Paul’s Desert currently offers in-person pickup for plants and products
Delivery times are estimates and not guaranteed. Paul’s Desert is not liable for delays caused by carriers or weather conditions.

All plants are shipped bare root (without soil or pot) to ensure safe and efficient transport. Each plant is carefully inspected and confirmed to be in healthy condition at the time of shipping.

We currently ship only within the United States.

Please note that Paul’s Desert is not responsible for any damage, delay, or loss that occurs during shipping once the order has left our nursery. Any claims regarding shipping damage should be directed to the carrier. Customers assume all risk for shipments after they have been handed over to the shipping provider.

We take great care in packaging and labeling to help ensure plants arrive safely, and we appreciate your understanding of the delicate nature of live plants during transit.

6. Returns & Refunds

We accept returns on defective or damaged plants only, and only within [X days] of purchase with proof of condition.
Custom orders, live plants, and handmade pottery may not be returnable.
Refunds will be processed to the original payment method.

7. Intellectual Property

All website content, including text, images, logos, and designs, are owned by Paul’s Desert and protected by copyright law.
You may not copy, reproduce, or distribute our content without express written permission.

8. User Content

If you submit photos, reviews, or other content to the site, you grant Paul’s Desert a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the content.
You are solely responsible for any content you submit.

9. Limitation of Liability

Paul’s Desert is not liable for any direct, indirect, incidental, or consequential damages arising from the use of our site or products.
We do not guarantee that our website is error-free or uninterrupted.

10. Indemnification

You agree to indemnify and hold harmless Paul’s Desert and its affiliates, employees, and agents from any claims, damages, or expenses arising from your violation of these Terms.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes will be resolved in state or federal courts located in Bexar County, Texas.

12. Changes to Terms

Paul’s Desert reserves the right to update or modify these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the site constitutes acceptance of the updated Terms.