Terms and 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.
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 or Global Priority. 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 are not responsible for lost orders shipped to an incorrect address. If you provided us with an incorrect address, you assume all risk.
International Orders. Please read before ordering!!!We do ship seeds internationally. However, we cannot be held responsible if your order is delayed, lost or confiscated by the Customs office of your country. If you buy seed from us, have it shipped to a foreign country and it is rejected it will be at your own expense. We will not be responsible for rejected or "lost" orders. You will not receive a refund or ANY form of compensation. All foreign orders are shipped at you own risk.
Please note: We do not issue phytosanitary certificates which are some times needed to ship for foreign countries. It cost us a great deal to have a certificate issued because the Agricultural Inspector (for a fee) must come out to inspect each packet of seeds in the shipment and the process involved is not cost effective for us. TomatoFest is not responsible for orders sent to foreign countries or orders sent to FPO/APO addresses.
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., 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. Except for our busiest period, orders are generally shipped within 3 business days of receiving your order. During our busiest period, it may take up to 9 business days to ship from the day you placed your order. The delivery time is based on the time it takes to process your order in the order it was received. Note: We live in a rural location and do not have mail pick up on weekends.
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 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:We are not able to accept returns of any seeds because we are not able to control the quality control when seeds are no longer in our possession. However, all of our seeds are guaranteed. If you have any problem at all with our seeds, send us an email through our Contact Us page and we will send you new seeds or credit your order.
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.
Copyright:The compilation of all content on this site is the exclusive property of TomatoFest and protected by U.S. and international copyright laws.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TomatoFest and Lacey Unlimited, LLC. The collective work includes works that are licensed to Lacey Unlimited, LLC. Copyright 2013, ALL RIGHTS RESERVED. Permission to use any products from TomatoFest is granted only through special request to, and permission granted from, Tomatofest.com, to electronically copy and print hard copy portions of this site and for the sole purpose of placing an order with TomatoFest or purchasing Lacey Unlimited, LLC products .
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by (Lacey Unlimited, LLC). You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TrademarksAll trademarks, service marks and trade names of TomatoFest and (Lacey Unlimited, LLC) used in the site are trademarks or registered trademarks of (Lacey Unlimited, LLC)
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.
To the fullest extent permissible pursuant to applicable law, (Lacey Unlimited, LLC) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. (Lacey Unlimited, LLC) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. $(Lacey Unlimited, LLC) does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
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. 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 or discontinued. If we find out that an item is out of stock at the time we are filling the order, we may call you for permission to substitute a simmilar tomato variety. If we find you unavailable by phone, we may substitute a similar 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 instructions carefully.
Typographical ErrorsIn the event that a TomatoFest (Lacey Unlimited, LLC) product is mistakenly listed at an incorrect price, (Lacey Unlimited, LLC) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. (Lacey Unlimited, LLC) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, (Lacey Unlimited, LLC) shall issue a credit to your credit card account in the amount of the incorrect price.
Term/ TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by (Lacey Unlimited, LLC) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NoticeTomatoFest (Lacey Unlimited, LLC) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TomatoFest (Lacey Unlimited, LLC).
MiscellaneousYour use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of (Lacey Unlimited, LLC) products) shall be in the state or federal courts located in Mendocino County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of (Lacey Unlimited, LLC) products) must be commenced within one (1) year after the claim or cause of action arises. Lacey Unlimited, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. (Lacey Unlimited, LLC) may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of SiteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TomatoFest (Lacey Unlimited, LLC) or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer(Lacey Unlimited, LLC) does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, (Lacey Unlimited, LLC) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, (Lacey Unlimited, LLC) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to (Lacey Unlimited, LLC) in its sole discretion.
IndemnificationYou agree to indemnify, defend, and hold harmless TomatoFest (Lacey Unlimited, LLC), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party LinksIn an attempt to provide increased value to our visitors, (Lacey Unlimited, LLC) may link to sites operated by third parties. However, even if the third party is affiliated with (Lacey Unlimited, LLC), (Lacey Unlimited, LLC) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of $(Lacey Unlimited, LLC). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, (Lacey Unlimited, LLC) seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).