Policies, Terms & Conditions

By completing your order, you accept the Terms & Conditions of Sale. Our Warranty does not apply to sales outside the USA. International customers assume all risks.

Policies, Terms & Conditions:

TomatoFest® reserves the right to change these policies at any time.

Out of Stock Policy:

Periodically, an item you ordered may be out of stock. If we find out that an item is out of stock at the time we are filling the order, we will call or email you for permission to substitute a similar tomato variety.

Planting Instructions:

We supply seed starting instructions with every order. Planting instructions can also be found on our website. Please read and follow the instructions carefully.

Guarantee*

We guarantee that you will be satisfied with our heirloom tomato seeds, or we will replace the unsatisfactory seeds.

You must let us know within 45 days of purchase if you experience any germination problems and let us know your order number (and/or date) of order, and the Lot# printed on the back of your seed pack. We've found that in most situations, the problem with germination is a result of improper storage of seeds (seeds need to be stored in cool dry, dark place) the soil/air temperature being too low, the soil being too dry/moist, or using an inadequate seed starting mix.

Shipping:

We ship all orders as requested by the customer upon completion of order. Most orders are successfully sent via US Postal Service, first class mail, Priority or Global Priority. However, these USPS shipments are not trackable. We offer optional service through UPS, for insuring and tracking your order. Insuring your order is only available for U.S. shipments. If you wish to insure your seed order you should request this in the Comments Box upon completing your order and we will be in touch with you to give you the added cost of insurance. We are not responsible for lost shipments. You must contact us about a lost shipment claim within 30 days of the order being shipped.

TomatoFest® is not responsible for lost or damaged shipments. We strongly recommend that you ship UPS if your order is being shipped to a third party address (shipping address different than billing address). We are not responsible for lost orders shipped to an incorrect address. If you provided us with an incorrect address, you assume all risk.

Shipping and Handling:

The shipping and handling fee is calculated automatically upon completing your order. It is based upon the shipping method, and the dollar amount of the order. The shipping and handling fee does not just include postage, but includes the cost for packaging, labels, etc., and the cost to fill the order. By completing the order, you accept the shipping and handling fees.

Shipping Delivery Time:

The busiest time of the year is between December and April, so consider selecting US Priority Mail or UPS 2nd day upon checkout. During busiest times we fill these orders each day before USPS first class shipping. So, if you want your order to arrive more quickly, select one of these faster forms of shipping. Generally all orders are shipped within 1-2 business days of receiving your order. The delivery time is based on when the order is shipped and what method of shipment you selected during checkout.

Credit Card Requirements:

Customers are required to provide the exact billing address that appears on their credit card statement. The AVS (Automated Verification System) checks the address and compares the information to the issuing bank's database. The customer must also provide a valid telephone number. If any of the information is not provided, our Credit Card Verification Service can't verify the credit card information, and the order is generally refused. You may contact us at sales@tomatofest.com with any difficulties you face with completing the credit card authorizing process and we will assist you in the authorizing process to complete your order.

Valid Email Address:

You must provide a valid email address when placing an order. We send a confirmation of the order via email. We also send a confirmation when the order is shipped. If a valid email address is not provided, you will not be able to receive confirmation.

Valid Shipping Address:

You must provide an accurate shipping address when placing your order. Please include the USPS address where you get your mail. We send a confirmation of your order via email. Please review the address on the email confirmation for accuracy. If a valid shipping address is not provided, and the order is shipped, the customer bears full responsibility for a lost shipment.

Return Policy:

All sales are final and we do not accept returns for any reason.

Disclaimer:

TomatoFest® is not responsible for orders sent to foreign countries or orders sent to FPO/APO addresses. Foreign customers and FPO/APO customers assume all risk of lost shipments.

Secure Ordering:

When you place an order through our secure ordering system, your credit card information is secure. Our Volusion shopping cart is a secure site.

Our Privacy Policy:

We will not share any personal information that you provide to us. We do not make your information available to any outside source.

Copyright:

All content included on this site, such as text, graphics, logos, images, digital downloads, data compilations, and software, is the property of TomatoFest® 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 TomatoFest and protected by U.S. and international copyright laws.

Disclaimer of Guarantee (Warranty) and Limitation of Liability:

The TomatoFest® website is provided on an "as is" and "as available" basis. No representations or warranties of any kind are made , implied or expressed, as to the operation of the TomatoFest® website or the information, content, materials, or products included on this site. You expressly agree that your use of the information provided on the TomatoFest® website, is at your sole risk.

Exclusive limitation of remedy for commercial growers:

The liability of TomatoFest® for breach of guarantee (warranty), or for any loss or damage arising out of the purchase or use of its seeds, including loss or damage resulting from negligence or strict liability in tort, shall be limited to replacement of the dissatisfactory seeds or refund. Nor shall TomatoFest® be liable for any incidental or consequential loss or damage, including any loss or damage resulting from negligence or strict liability in tort. Claims for defects in TomatoFest® seeds must be presented to TomatoFest® as soon as practicable, and in any event, within 45 days of discovery.

Out of Stock Policy:

Periodically, an item you ordered may be out of stock. If we find out that an item is out of stock at the time we are filling the order, we will call or email you for permission to substitute a simmilar tomato variety.

You must let us know within 45 days of purchase if you experience any germination problems and let us know your order number (and?or date) of order, and the Lot Planting Insturctions: We supply seed starting instructions with every order. Planting instructions can also be found on our website. Please read and follow the insstructions carefully.

Guarantee:

We guarantee that you will be satisfied with our seeds, or we will replace the unsatisfactory seeds.