TERMS, CONDITIONS & COMPANY POLICIES
THIS IS THE OFFICIAL SECTION OF OUR WEBSITE WHERE OUR COMPANY POLICIES, TERMS AND CONDITIONS OF SALE, REFUND, CANCELLATION AND PRIVACY POLICIES ARE CLEARLY DEFINED, OUTLINED AND DISCLOSED TO THE PUBLIC AND OUR VALUED PROSPECTS OR CUSTOMERS. ALL ORDERS OR DEPOSITS OF ANY KIND ARE BASED ON THE DISTINCT UNDERSTANDING THAT THE PURCHASER AGREES TO ALL TERMS AND CONDITIONS OF SALE AS CLEARLY STATED BELOW. REMINDER OF THESE TERMS, CONDITIONS AND COMPANY POLICIES IS MADE ON ALL PLANTING INSTRUCTIONS INCLUDED WITH ORDERS.
IN ADDITION, FORMAL NOTICE SIGNS REFERENCING OUR COMPANY POLICIES, TERMS & CONDITIONS ARE ALSO CLEARLY AND CONSPICUOUSLY POSTED ON THE THREE-RAIL WHITE HORSE FENCE AT THE ENTRANCE OF EVERY ENTRANCE GATE TO OUR PROPERTY.
Please read carefully, as once you place an order with our company, either verbally or in writing, you, your employees, agents, heirs or representatives, including any shippers, haulers, carriers or transporters hereby agree to all terms clearly set forth below. Be advised that our company may amend or change any of our terms, conditions, company, privacy, product or plant policies from time to time without notice of any kind. We invite you to check back frequently for any changes or updates made to this section of our website. Kindly be advised that all telephone conversations both to and from our company have been and are likely being lawfully recorded. All orders that are placed, booked or accepted based on the distinct understanding that the purchaser or consumer agrees to the terms and conditions of sale as clearly stated below and also here on our main official website where terms and conditions are available for public review, 24 hours a day, 7 days a week. Listed clearly and conspicuously as "Terms & Conditions" on this website.
Company Policies, Terms & Conditions:
Almost all companies have some type of company policies, terms and conditions in place. Our family operation does as well. We believe our company policies, terms and conditions are fair, being that we are dealing not only with perishable fruit, but also with live plants, which are living things that can die, not thrive or survive for many reasons that are unfortunately beyond our control. Not only that, but we certainly do have some beautiful farm properties that we work hard to keep looking beautiful and safe for all our valued prospects and customers.
Pick-up Orders vs. Mail Orders:
We strongly recommend and encourage PICK-UP ORDERS instead of mail orders, this way, you, as our valued prospective customer, can see not only our gorgeous picturesque operation, but you can also see exactly what you are buying instead of placing a mail order with us. Customers drive hours just to buy from us. There is a reason for this. That's because many of them have tried to buy plants from "big box stores" like Lowes or Home Depot in the past, only to have the plants die within a year. The reason for this is quite simple, it's in-part because the plants are not "cold hardy" or "hardy" at all actually. This is because they were raised in a strict temperature controlled environment, mostly in greenhouses, and then when you, the consumer, buys them, takes them home, and plants them outside, that's the very first time the plant has ever actually been outside. Also, there are many of you who have ordered from "other online sources" owned by individuals who are not even real farmers, but individuals who are just peddling plants online. We invite you to give us a try. There is a reason why we have over 60,000 LIKES on our main Facebook profile with all those happy customer photos.
DiMeo Fruit Farms, LLC (DFF and/or DFF, LLC) defined as "DFF" or "company" or "our company" or "our" and purchasers/consumers agree that all terms and conditions set forth herein shall constitute a lawfully binding agreement between the parties (agreement), with respect to the plants or products provided by DFF to purchaser(s). This agreement shall be binding upon purchaser(s) whether or not signed by the purchaser or purchaser's agents or representatives. DFF shall not be bound by any additional or different terms unless such additional or different terms are reduced to writing and signed by an authorized representative of DFF. In addition, DFF shall have the right to stop all shipments, pick-ups or deliveries at any time purchaser is in default in any obligations to DFF and to withhold performance until such defaults have been remedied to DFF satisfaction.
Buyers or consumers may not rely upon our company (seller); and let it be known that our company (seller) makes no representations or warranties of any kind, implied or otherwise, that the merchandise is fit for any particular purpose of the buyers or consumers.
Prices, U-Pick Terms, Picking & Activity Fees:
All prices are subject to change without notice and cancels any previous prices of any kind. This applies to both pick-up and mail orders. During the Summer season, we advertise u-pick and have established a minimum non-refundable fee of $20. This non-refundable fee does not just include the price of the up to 12 pints of fruit that consumers are provided with the opportunity to pick, but the majority of consumers consider this to be an "activity" and, as such, we are incorporating an activity fee within in that "minimum of $20" price that allows consumers to not only pick up to 12 pints of fruit, if they so choose, but to also: 1) enjoy limited use of our picnic areas along the creek that lines the forest 2) take photos with next to tractors or other related equipment, 3) enjoy a nature walk along the beautiful forest surrounding the property 4) limited use the front lawn grass area for light recreation 5) limited use of the fire pit area in the back of the white barn building. Let it also be known that at no time do we ever guarantee "heavy fruit volume" but we do guarantee at least a light amount of fruit that will allow the consumer to pick or harvest fruit to "enjoy the experience" of the "activity" in which the consumer is paying to experience. Said "$20 minimum" fee is non-refundable for any reason, including but not limited to, weather changes, sickness or any other reason. It can take some time to pick up to 12 pints, depending on the volume and the picking speed of the individual. Therefore, we never guarantee a "picking time" or "time required to pick" since it can vary. Pints cannot be returned for a "credit" or refund of any kind once the $20 is paid.
Our Plants & Products Policies:
Plants are living things. They require proper care and attention. We care for our plants and products while they are on our farm or nursery. As soon as they leave any of our farm or nursery, they become your responsibility. We do not offer any warranties or guarantees of any kind on any living material, plants or any other products purchased though our company. Please be sure to provide the proper care and attention as required by your plants. This policy applies to both mail orders, pick-up orders and any possible farm market, fruit stand or festival transactions
We invite you to visit our gorgeous operation, by appointment only. Just give us a call first to schedule a formal appointment: (609) 561-5905
Our Public Policy Postings; Entrance & On-Site Notice Signs:
A direct reference to and public notice of our company policies, terms and conditions are publicly posted at the entrance of every single entrance gate at our pick-up location. All locations are monitored by video security and cameras to document the same. These policies are also referenced within the planting instructions that are sent out and given out with every customer order. Notices on each and every one of our entrance gates make clear and conspicuous reference to our company policies and advise customers or consumers not to cross or enter properly unless they accept any and all of our policies as clearly disclosed on this company policy page.
All of our appointments are strictly by appointment only. We will try our best to serve any consumers who arrive without an appointment, but, unless consumers make a specific appointment with us, we cannot guarantee that you will receive service. If we can provide service to you, then you may have to wait until the farmer completes his already scheduled tasks and/or finishes helping a previous customer on the property or on the telephone.
Pick-Up Order, Product Checking & Counting on Site:
If and when a consumer decides to pick up plants or products at our company operation, they are given the full and complete opportunity to inspect, count and verify the exact count of the plants or products loaded into their vehicle(s) or agents, shipper, hauler or representative’s vehicles. Let it be known that the consumer, or their agent, shipper or representative should take the time to count and make absolutely 100% certain that any and all aspects of the order are correct and complete, including but not limited to the exact or correct number and variety of plants. Let it be known that once the customer leaves our farm, nursery or any of our other properties, and pulls out of our driveway onto the public road, from that point forward, we respectfully cannot accept any telephone follow-up calls or any type of claims stating that they were "shorted" plants or were "missing" plants or product of any kind."
All consumers are reminded, once again, to please be attentive and count the exact number of plants or products as they are being loaded into said vehicle(s), trailers or any other hauling devices. If you send a shipper here to transport your order to your location, we highly recommend that you request your shipper or driver to exit the truck and count the product as it is being loaded into the truck. Any or all "requested re-count" of product must be done before the truck or vehicle leaves our property.
On-Site Cameras, Video Security, Monitoring, Tractors, Streams & Creek:
Due to the volume of people that we may have visiting our farm and garden center, we had no choice but to install various video security cameras and other devices to preserve all activity on the property, both at night at during daytime business hours. Be advised that all activity on the property is being lawfully recorded and preserved. Do not load any items into your vehicle unless you have first had the consent from an approved farm staff member. All items must be paid in full before your physical person or vehicle leaves the property - no exceptions. Parents or guardians are responsible for children at all times. All activities at our farm and garden center is at your own risk. Photos of children on our tractors or farm equipment is permitted only if one of our staff members is present at all times. Please do not let children climb on any tractors or any farm equipment without one of our staff members present.
Tractors outside are for display only and we do not invite anyone to climb up on them without first obtaining the permission of one of the farmers. You may certainly take photos on the tractors with your family, but only after given permission to do so. This is a working operation, so sometimes a key can be left in the tractors or farm equipment at any given time; and we wish to first make certain that all tractor or equipment keys are removed and that the tractor is not "in gear" before anyone gets on it for the purposes of taking photos. The same applies for farm trucks, vans and other vehicles on the property, many times is the case that we leave the keys in the ignition so we don't lose them, and because we have lots of different types of security cameras on the property, so we wish to make everyone aware of that, in advance, so that they do not allow their children to enter any trucks, vans or other farm vehicles sitting along side the fields, driveways or any other areas.
No one is permitted to swim in the creek in the back of our u-pick property, and all parents are fully responsible to make certain that children do not go near the creek waters unattended. We request that no one touch any of the canoes, kayaks, tubes or flotation devices that may be behind the property. No one is permitted to launch them into the creek without our express written permission in the form of an agreement that all users will be required to sign prior to participating in any canoeing or kayaking through the forest. The canoes, kayaks, tubes or other flotation devices are for the personal use of the farmer's family, friends and invited guests only. At this time, they are not intended for public use or advertisement. This may change the future, but for the time being this is our policy in regards to the creek use.
Camping sites along the creek are also not intended for public or customer use or advertisement.
Except as set forth in this paragraph, no cancellations for orders of any kind placed with our farm or nursery are accepted. Plant customers may only cancel an order within three (3) days of placing the order. For any customer who cancels an order within three (3) days of placing the order, we will return to the customer any deposit or payment made. Following this 3-day cancellation period, we cannot accept cancellations of any kind, for any reason. This is because our company immediately reserves and holds the ordered plants or products for the customer(s) when the order is placed either verbally or in writing. All deposits are non-refundable once placed for either mail orders or pick-up orders. This 3-day rule does not apply to any farm events or events being held at any of our NJ farm properties, since all events shall have their own separate formal contract and such terms of those contracts shall be clearly set forth within each individual contract. Any sums of money not paid when balance is due shall be subject to a late payment penalty, and also a six percent (6%) monthly penalty of the total of any unpaid balance for each and every calendar month that passes, during which a payment or any balance due is delinquent. After six (6) months passes, and there is still and unpaid balance due, we reserve the right to hand over collection to a collection agency, and also to be named as creditor and to report the delinquent balance due to any of the major credit reporting agencies.
We shall consider replacement plants or products only on a strict case-by-case basis. Our company respectfully reserves the right to deny replacements for any reason. However, if we are notified in writing via. e-mail within three (3) days of your official receipt delivery (as shown on USPS.com) that your plants died, and you followed our written and verbal instructions, we may under those circumstances offer to replace your plants. Once again, we shall review every circumstance on a case-by-case basis and it shall be solely up to our company to decide if it shall offer any replacement plants. To be honest, in most cases, we do not replace plants, because we know that they are dug literally just hours before we ship them. Please read below our policies, terms and conditions involving shipping and shippers below.
Except as otherwise provided or required by law, we do not refund any money once an order is placed verbally or in writing with our company or any of our representatives. Our plants or products can NOT be returned without first obtaining our express written authorization and full written consent by an authorized owner of the company. In all cases, plants or products can NOT be returned after they have been accepted, processed, improperly stored, planted or otherwise treated, modified or used in any way. If you attempt to return or "ship back" any plants or products to us, without first obtaining our express written consent, then you shall be giving up use of the plants or product, and they shall be immediately discarded by our company.
Natural Definition & Clarification:
The words "naturally grown", "natural", "all-natural" and/or "100% all-natural" can mean any number of different things, as it has no official or regulated definition. We reserve the right to define these terms, words or meanings, according to our best long-time farming and growing practices that we believe represent the "natural" way of growing the fruit, plants or products. Let it be known that our fruit, plants or products are not "certified organic" and hence the reason why we do not use the word "organic" in any of our marketing or advertising. Furthermore, let it be known that any prospects, customers, consumers or any other buyers should know that we are not "certified organic" and as such, they should not buy any fruit, plants or products from us if they, for whatever reason, require the "certified organic" certification certificate or any documentation in this regard. As at this time, we have decided not to become "certified organic" because of all the complex and costly government regulation, as we as farmers feel that we are already way over-regulated not only by the State of NJ, but but many aspects of local and federal government, most of which, are just trying to find creative ways to get more money out of successful farming and other small business operations.
Shipment, Shippers, Carriers, Shipping Methods, Delivery & Policies:
All shipments of any kind or shipments travel are at the customers or purchasers risk and expense. Whenever we ship, we do not ship in pots or containers. We carefully remove the plant or product from the pots or containers prior to shipment. If our shipper(s), including but not limited to the U.S. Postal Service (USPS), FedEx, UPS or any other shipper (or carrier), damages plants and/or products in shipment, then the customer should promptly file a written complaint against the carrier and/or shipper, who in turn will be responsible to compensate the customer directly. Once our plants or products leave our farm, nursery or any of our other properties, they are not our responsibility. Our company shall not be responsible if any shipper or carrier that carelessly leaves perishable plants out in the hot sun or bad weather during delivery. Or, if the shipper or carrier does not properly notify customer that plants or product has arrived or have been delivered. This includes but is not limited to, shippers that place or deliver the product to customers door or a side of the house or property that is not used by the customer; or if our company ships the product in good faith, and the product sits at the post office location due to the fact that the post office staff does not properly notify the customer in a timely manner that the product is sitting there. Unfortunately, our company simply cannot control the actions by shippers. We always hope that they will conduct themselves using good business practice, courtesy and basic common sense.
This includes, but is not limited to, cases where the shipper does not properly call or notify the customer of plants arrival and/or situations where shipper allows plants to sit in the post office over an extended period of time because it failed to notify customer in an immediate manner that the plants arrived. DFF is not responsible for loss, damage, delay, or any other event while any plants or products are in transit. Risk of loss is on customer and or plant purchaser or the carrier from the time of delivery of the product to the carrier. In the event any product is damaged in transit DFF shall bear no responsibility and purchaser must deal directly with the shipper or carrier. DFF relies upon the shipping address as provided by you the customer. While we give everyone a "courtesy call" prior to the plants being shipped, we cannot and do not guarantee that all customers will actually receive such a courtesy call. Therefore, all customers should be fully and completely prepared to receive their plant order once payment is sent to DFF. As such, DFF shall not be responsible if customer is not present at the provided shipping location when plants arrive via shipment. It is the customer’s responsibility to notify DFF in writing of any shipping date changes. Otherwise, DFF shall ship plants within its own shipping schedule as outlined below. Customers should also be advised that once an order is placed as a "mail order," it is final. As such, all shipping, handling or any other fees are not refundable. Even if the customer decides to come and pick-up the order instead of having it shipped. DFF will allow the customer to schedule an appointment and pick-up the order, and convert the mail order to a pick-up order, however, customer should know that shipping, handling or any other fees are non-refundable. Our company strongly discourages "conversions" of a mail order to a pick-up order, and recommends that customer allow the shipping process to take place according to schedule.
Let it be known that DFF does not provide any insurance of any kind on any mail orders shipped. Any insurance must be provided for and or paid for in advance by the customer. Customers must request in writing prior to any shipments that DFF insure any/all mail order shipments and make full payment to DFF in advance of any shipments. Insurance is responsibility of the customer and DFF shall not be responsible for any shipments once out of the hands of our farm or garden center. Let it also be known that should any plants or products be "held at customs" or "held by any state officials" or "held by the post office" that DFF, LLC shall not be responsible for the any plants or replacements should any plants die during the delay. If the post office is negligent in notifying the customer that the plants have been "sitting at the post office" for days without notifying the customer, then the customer may file a formal claim against the US postal service for "failure to notify" the customer that the package has been waiting for them. This can be frustrating for our company, as we have no control over any shipper once we ship any of our products in good faith. All customers and purchasers shall be completely responsible and accept any, all risks of shipping plants by DFF to any international country or domestic state in the United States.
Shipping to Islands within the United States or Secondary Homes:
Shipping to an island can be very risky. This includes any island within the boarders of the United States, such as Nantucket or Martha's Vineyard, just to give a couple examples. For some reason, islands tend to have complicated or delayed shipping which leads to problems. Therefore, if you knowing provide us with a mailing or shipping address that sends the plants to an island of any kind, you hereby accept any and all risks or any kind since we strongly recommend against it. This also applies to some people who wish to ship plants to their secondary "mountain house" or "beach house" or any other type of secondary home or secondary property where no one actually resides throughout the year. This often leads to problems as there is no one present to immediately give the plants the care and attention they need. Not to mention, often is the case where the plants will arrive at the "secondary home" and no one will realize they have arrived, and they will sit there for many days without any care. Know that our company ships the product in good faith to the address that you the customer provide us with, as such, we have no way of knowing that such address is a secondary home such as a "mountain house" or "beach house" or any other type of vacant land or other type of property where no one resides. If you provide our company with any of these types of addresses, you hereby accept any and all associated risks.
Shipping Group Orders, Splitting Orders & Clarification of Shipping Methods:
The practice of "group orders" or "splitting orders" with your friends, neighbors, relatives, co-workers or anyone else can sometimes because confusing and we strongly recommend that you not do this, as it can become confusing when it becomes time to "divide up the order" once you receive it. Not to mention, when customers "split orders" or "order for a friend" or "order for someone else" there is often a disconnect between our company and that "other person(s)" and they may not be fully familiar with you are ordering for them. Overall, "group orders" or anytime a customer "splits an order" with someone else, there ends up being confusion and frustration on both the part of the customer and our company. Therefore, we recommend that you don't do this. Please know that if you do, that you will accept any and all risks of delay or risks of there being confusion that our company cannot resolve with all the different people in the group. If you do order for a group, then we will ship the product to only one (1) person, who will take responsibility for the group and then take it upon him/herself to divide the order up and answer all questions. We can only communicate with the actual person that placed the order, as far as our company is concerned, the person that placed the order, and sent in the funds is the one and only customer, and not all the various members of the group.
We would like to take a moment to clarify what exclusive shipper we use for all of our outgoing "mail order" shipments. Please be advised that we only use USPS (United States Postal Service). When speaking to prospects, customers or anyone else on the telephone, we often use the term "USPS" to describe our shipper and or shipping methods. Sometimes people can get confused and think we said "UPS" but, please be advised that we never use FedEx or UPS, but only USPS.
Phytosanitary Inspections for International or Other Orders:
We would love to start shipping plants outside the United States. But, we choose not to, because it's a nightmare of paperwork, inspections and lots of risk. Let it be known that it has always been the responsibility of the customer to obtain a phytosanitary inspection for any plants being shipped out from any of our operations. If any of our customers decide to "pay us extra" to remove soil from the roots of the plants then we shall do so on a "best efforts" basis and simply cannot and will not guarantee that the plants or products will not be rejected by customs or any state or local government officials. Our customers are always welcome to hire a third party to process, clean and inspect the plants to guarantee them successful shipment to their destination, especially if the plants are being shipped internationally. The requirements of all countries are different. Some countries hold up the plants until the customer pays a fine in order to get the plants through customs. This can be a very frustrating, time consuming and costly process, which is why we do not actively advertise or "seek out" doing business internationally. But if a customer comes to us and wishes to do business with our company and accepts any and all of the associated risks, we may entertain doing a business deal together. Just know the risks as we have disclosed all of them quite clearly, here on this page. If there is ever a major problem, you risk losing your good faith deposit or payment for international orders. They are very risky and often come with complications of which you hereby accept if you place an international order of any kind with our company.
Handling Fees, Shipping Fees Policy & Notice:
In addition to standard shipping fees, our company charges and prices a fair handling fee for all of our mail or shipping orders. There is considerable additional time and labor involved in digging, cleaning, sorting, wrapping, packing, boxing, and sometimes even pre-pruning the plants. We feel this is fair practice, as many companies today charge some type of handing fee into their prices. Within the shipping fee price is not just the standard postage or costs of shipping, but also a box charge, materials charge, labor charge, shipping supplies charge and transportation to shipper charge. We feel this is fair, being that if a customer were to drive our to our farm and garden center, and for example pick up 10 plants, it would take us much less time to load the plants into the customers vehicle and complete the order. However if those same 10 plants are mail ordered, there is much more time, expense and labor involved in prepping the plants, digging the plants, wrapping plants, packing plants, boxing plants and taking the package(s) to be shipped. In addition, because of our farm location, we are charged additional labor fees to have all of our packages physically driven out to the shipper, then we have to wait in line to be served by the shipper. Even with our shipping fees, handing fees and any other fees, our prices are still competitive and we feel, the lowest in the country for what you actually receive. We believe that we offer the best deal and provide the best value, hands down.
Shipping Schedules, Weather Delays, Damage During Shipment:
Be advised that we ship in the best interest of our customers as well as our plants, therefore, when the weather gets too hot in the late spring or summer months, we sometimes temporarily suspend shipping until cooler weather prevails. The same thing applies when the weather gets too cold in the winter, or any time there is what we consider to be bad weather conditions. Such time shall be determined by our company. An order "on hold" as such cannot be canceled beyond the 3-day cancellation period, which starts the day and second the order is placed with our company, as per our non-cancelation policy; however the plants shall be shipped to the customer once our company determines what is best for the plants. This is quite normal and we ask for your patience as we follow our shipping schedule for all customers. All plants and/or product will be shipped within six (6) weeks of the date your payment is actually received, which is defined as funds that are deposited and fully cleared our bank account, unless a later shipping date or shipping time period is verbally agreed upon with the customer. Please be aware, in advance, that we are carefully preserving the exact date, time and content of those conversations when "a future shipping date or time period" is agreed upon with the customer. Customers may request a special "anticipated delivery date" for delivery at a time more than six (6) weeks from the date payment is received. This is often the case, as many customers place orders in fall or winter, to be shipped during the Spring time period.
As far as any damages that occur to the plants during shipment, of if boxes are crushed or damaged in any way, the consumer will need to immediately file a damages claim with the United States Postal Service (USPS) in order to recover any damages. Our company shall not assume any responsibility of any kind for any damages since we ship in good faith and put control of the product in the hands of the United States Postal Service (USPS) or other possible carriers. Unfortunately, sometimes the carriers at the USPS make foolish mistakes, including but not limited to, leaving shipments sitting in the middle of a driveway in the middle of warm or hot weather; not immediately notifying customers that their shipment has in fact arrived and they let it sit at the post office (USPS) for days before the customer actually realizes they have "been sitting there" for all that time; delivering to a front porch or other area of the customers home the the "customer does not often use" and therefore the customer does not know the boxes have been sitting there all that time without being planted; the USPS fails to notify customers in some way. Unfortunately, we cannot control the USPS and over the years, we have made many phone calls to many regional managers in different parts of the country to do our best to "get their clerks and carriers properly trained" but, there is only so much we can do. Even though we do not use UPS or FedEx, they make many of the same mistakes from what we hear from other companies. We use USPS because they go to more rural locations throughout the country as many of our customers live in an area where UPS and FexEx will not go.
Damage to Signs or Entrance Gates:
There are at least three (3) entrance gates to the property address listed on this website, the location where you will be picking up product. Please use only the main 30' foot entrance gate, so that if you or your driver are driving a large vehicle with a trailer, or a tractor trailer truck, that when you make the turn into or out of our gate, that your trailer does not "catch the gate" and bend or break it. This also applies to any of our business signs out by the road, or our "STOP HERE" sign in the main driveway. There are a few inexperienced or careless drivers who have bent, broken or hit our gate, three-rail hose fence, business signs before. Please do not attempt to "squeeze into" the other 14' foot gates on either side of the property. Those gates are for small cars or pick-up trucks only. Those gates are not intended for any large vehicle pulling a trailer of any kind. Also, if your vehicle, trailer, truck or carrier is too large to "fit down" the main driveway, please stop where you are, and call our main office before trying to proceed. We will send someone out to move the signs out of the way so you can drive through without taking any chances of doing damage to these expensive signs.
Pick-Your-Own (PYO) and Event or Activities Policy:
All events are intended to promote the agricultural output of our family farm. They also intend to bring attention to the American farm and or "American farmer", with farmland disappearing all across our country at a shocking rapid rate. We must bring more attention to the value of family farms, as well as encouraging children to "know their food" and "know their farmer." Our operation carries forward the legacy and tradition started by our great-grandfather over 105 years ago.
Trash being left in the fields or property. Unfortunately, this tends to be a big problem. Please be sure that your children pick-up any trash, including straws, beverage cans or plastics of any kind. This type of litter not only is an eye-sore to our beautiful fields, but remember, we have wildlife on the property, and we want to make sure that none of the wildlife ingests any of the plastics or other debris.
No parking or driving on the grass. Our grass is gorgeous and expensive; therefore, please do not park or drive on it. If anyone runs over the grass, or irrigation lines, or sprinkler heads, then that personal shall be fully responsible to replace whatever damages were caused, including fixing any "ruts" in the grass. There is plenty of parking along the forest line or on our side of the horse fence along the road. This also applies to your shippers that may come to our operation to pick up product. If your shipper carelessly drives onto our grass areas and causes any "tire ruts" in the grass or breaks a sprinkler or does any damage of any kind, then such driver shall be responsible for all costs of repair, and your insurance carrier will needed to be notified immediately and a police report will unfortunately need to be made to document the damage for your vehicle's insurance company.
The creek behind our property can be very dangerous for children, so please monitor your children at all times. Remember that on the entrances to all of our farm property gates we have an "enter at your own risk" notice and that you are 100% responsible to watch your children while they are on any of our properties. If your child jumps into the creek, as some children try to do, you shall be fully and completely responsible for their rescue. During the summer season especially, many children try to jump into the creek to cool off after blueberry picking. We do not allow swimming of any kind in the creek. The boats, canoes, kayaks or any other type of watercraft is only for the private and personal use of the farmer and his personal friends or family. There shall be no public use of the Creek from the access point of any of our properties.
No drinking alcoholic beverages of any kind, at any time on the property. We are a family farm, hence we encourage good family values and to set a good example for your own children and the children of other customers, hence no drinking of any kind on the property.
No smoking on the property. We do not allow smoking because cigarette butts are dropped on the ground. Additionally, we are encouraging good health on our farm. Finally, we do not allow any smoking because of the beautiful forest surrounding the property. We cannot allow smoking to create a fire hazard.
No foul language of any kind will be tolerated. This is the quickest way to upset other customers who have children present. Please be respectful, even when joking around. Keep it clean. Allow for a positive experience for all around you and please refrain from cursing of any kind because it will upset other customers, especially those with children.
While we love families and children and encourage family visits to our farm and garden center, we must disclose and detail our polices as to farm visits. All visitors, guests and customers of DFF, park their vehicles and participate in all farm and PYO (pick-your-own) activities, and ride on our hayrides or equipment AT THEIR OWN RISK. Please watch your children at all times as we shall not be responsible for any injuries of any kind. Children must stay with parents at all times. We ask that you please keep children off of all farm and other equipment while at our farms and garden center. Parents or guardians hereby accept any and all responsibility for the actions of their children while on our property. As such, if any child or children destroy or damage any plants, equipment or products, parents shall be responsible for any financial damages to DFF.
This is a farm. As such, there are bees and other animals around the properties. Parents should be prepared for this, especially if your child is allergic to bees, or bee stings, the parent should be prepared for such accordingly. Our company encourages you not to feed any of the wild turkeys or other animals along the forest line of the properties. We love and appreciate animals too. We need to prevent the wild animals from becoming dependent on "being fed people food" or anything that is not wild; it is not good for their diets or overall well-being. Please also do not throw anything in the creek in the back of the property. Any spills or dumping of any kind into the creek may constitute a violation of law; as such, our customers shall be responsible if they are negligent for any spills of any kind into the natural creek. Furthermore, the canoes and kayaks present on the property are for the personal use of the owners and his/her family or friends, they are not intended for customers as we are NOT a canoe-kayak rental operation, and no one at any time shall enter any of the watercraft canoes, kayaks or boats to enter the water. All parents should keep their children away from the creek and waterway in the back of the PYO property as, although quite beautiful, the water is quite deep and dangerous.
Customers should also be mindful of the lighting along the forest areas and should be careful to not run over any of the lighting fixtures that are along any of the owner’s private campsite areas. If any lighting is damages, customer or visitor shall be fully responsible for full cost replacement of any light bulbs or fixtures. The same goes for any picnic tables, chairs or any other furniture used for picnics along the PYO field areas, if customers use these areas, they are responsible to make sure that none of the above mentioned gets damaged, broken or chipped in any way. All materials are hand-made from rare woods.
All customers will not and shall not urinate in any of the field or forest areas. No picking baskets, buckets or plastic crates shall be removed from the property as these instruments are only to be used for the harvesting and not to be taken off the property for any reason. Most customers come out to the property to enjoy a quiet day of picking and do not appreciate the playing of any loud music. If you wish to listen to music, please bring earphones, as we ask that in order for everyone to be able to enjoy the nature of the surrounding forest and fields that no music be "blasted" as to disturb other customers. This shall only be allowed for private events or parties. If you wish to have a private event or party, just ask and we can make arrangements; then you can bring out your family and friends to have a good time, keeping our polices in mind of course.
Missing Plants Policy:
It is very rare, but mistakes do sometimes happen. As such, if you are missing a plant, we must be notified in writing within three (3) days of your receipt of plants. At such time, we shall consider replacing plants after a proper investigation takes place within our company staff and records. Our staff inspects each and every order prior to shipment. All orders are counted twice and each time, this is reflected upon the customer’s order card. We are not required or obligated to send any type of replacements. All situations shall be handled on a strict case-by-case basis only.
Growth & Productivity Policy & Disclaimer:
We give no warranty expressed or implied as to the growth, yield or productivity and will not in any way be responsible for the results secured in your planting or transplanting. All orders are accepted subject to crop failures of all types and damage by natural or other causes.
Your order will be filled as accurately as possible. If any of your requested plant varieties are sold out, currently not in stock, were never in stock or stocked, not available, or low in inventory, we reserve the right to substitute as closely as possible or with our own choice of plant variety that we feel is of superior or equivalent quality. You may list several second variety choices, however, if you prefer "no variety substitutions" then, you must specify such in writing only, at the time you mail in your check or any payments of any kind. Our company (DFF) must also confirm in writing that it has received and agrees to your requirements or terms prior to accepting your "no-substituting" order; otherwise we may substitute at any time, accordingly with any plant varieties of our choice. Like most companies in our business, we reserve the full and complete right to substitute with any other plant varieties as our stock or inventory is depleted, not available, or low in inventory or stock. As far as plant or bush sizes are concerned, we never guarantee size. We never guarantee a certain plant or bush height, inches, or number of branches. As such, when someone asks a height question, we respond by stating "usually up to around" meaning, that we will make a best effort to provide a plant or bush that is "usually up to around" the best effort height or length, but we never make any guarantees that the plants or bushes "will be at least" the stated or published height. When we advertise any "up to 4' feet tall" plants or bushes, that statement is intended for pick-up orders only, and not mail orders which tend to be smaller. As far as plant age is concerned, this depends on what we have in stock within our inventory. We never guarantee that a plant or bush age will be (for example, exactly a three (3) year old plant or bush) as the bush or plant we sell you may be somewhat younger or older than 3 years-old. It is our goal to get as close as possible to the advertised plant age, but this is by no means guaranteed, and is dependent on what we currently have in stock.
Plants & Products Policy & Website Disclosures:
Our good faith intent is that you receive the highest quality plants available within our inventory at the current time. We show pictures and YouTube videos of various plant sizes on our website to encourage similar (not exact) comparisons to the various types of plants that we currently sell. We do not guarantee that every single plant will be exactly the size as depicted on our site, as most of the plants may be pre-pruned back for proper transplanting in advance of shipping. Roots are sometimes trimmed back as well. We allow our plants to grow in their natural environment, which takes longer, but produces a healthier and hardier plant. We do not ship plants in pots or containers. All plants are shipped in a semi-bare root state, the way our farm has been successfully handling plants for many years. Sometimes we may elect to pull off the flowers, blossoms or berries on the plant in advance to also reduce transplant shock. Many of our customer orders are "custom orders" as such, the plant or bush sizes you are seeing in any given photo, video or other media are likely a different size plant or bush that what you will receive, because we make different deals with different customers. As such, we ask that consumers never automatically assume that any given plant or bush shown in any photo, video or any other media, exactly represents exactly what they are getting for their purchase. Once again, we never guarantee plant or bush height, size, number or branches.
At no charge to our customers, we sometimes pre-prune our plants to bring roots and branches into correct balance. This goes for many of our plants which are pruned back prior to shipping to help them transplant better and ship easier. We also do this as a courtesy to our customers whose main goal should be to allow the roots to establish first. In addition, any description of plant sizes are "best estimates" based upon a fully leafed out plant including it's roots and not simply just the size of the plant based on its size while dormant. Some plants may be always be smaller or larger than others. We never guarantee plant height or size. The same goes for plant age. We use our "best estimate" as to plant age when we ship or when an order is prepared for you to pick up. Some plants may be younger or older. We do once again, make a "best effort" to make sure the plants are all consistent. Yes, we sometimes advertise 3 year-old, 4' tall plants, but that particular wording is only intended for pick-up orders, not mail orders, which are almost always smaller than 4' ft tall; and that height reference is only stated with the words "up to" before it; when we have them available for pick-up. We do this as an incentive for customers to take a ride out to pick up the product so that they can see our operation and build a relationship with the customer.
It is the customers responsibility to "know their own regional climate or micro-climate and or planting/growing zones and to know when the "right time" is to plant is in their growing zones. Our staff members or farmers are not experts at knowing all the various growing zones, weather patterns, weather conditions, climates or micro-climates across the country or world. Therefore, our company shall solely rely upon the customer(s) to advise us when they would like to order plants, ship plants or receive plants. Unless notified otherwise in writing, our company maintains the right to ship plants or product according to our own shipping time schedule or period.
If customer orders any kind of plants during a time of year that is not suitable for planting within his/her region, planting, or growing zone in the country, then customer hereby accepts all responsibility if any or all of the plants die or are harmed due to such negligence. As stated prior, our staff members are not experts in all growing zones, nor are they experts in knowing the exact weather conditions or micro-climates within every part of the country. As a whole, our company and staff members try our best to give our "best efforts advice" given our experience and background in the industry. However, it is the responsibility of the customer to do their own research for their particular area.
Our company cannot assure detection of non-visible plant diseases, viruses, insects or defects of any kind. Because growth of plant stock is determined to a large extent by the care it receives from the planter and grower due to conditions beyond the control of our company, including, but not limited to, soil, weather, purchaser’s negligence and improper use of chemicals and fertilizers, DFF cannot and does not warrant or guarantee growth, yield or fruit production. Let it be known that our company, is not only a successful farm, but also a certified plant dealer for the State of NJ and certifies that the sources of the plant stock grown for, purchased by, or dealt in by our company has been certified virus and disease free by State inspectors who are responsible to guarantee the same after their yearly inspections. Our company sells products and certified plants from other certified growers from all across the country, of whom we may have relationships with. All orders accepted are subject to crop failures or damage by natural causes. Our company gives no warranty, expressed or implied as to the growth, yield or productivity and will not in any way be responsible for the results secured in planting or transplanting.
Good Faith Deposit (GDF) Policies & Procedures:
Many of our customers opt to "put down" or pay a good faith deposit (GFD) confirming not only the order they are formally placing with our company, but also locking in the order so we can immediately reserve and tag the plants or products for the customer. Let it be known that any and all deposits of any kind, including good faith deposits (GFD) must be used or applied within a six (6) month period (180 days), as our company cannot and shall not "carry forward" or "hold-up orders" longer than a six (6) month (180 day) time period. If for whatever reason, the customer is not responsive, does not return telephone calls, voice mail messages or does not pick-up or accept shipment of the order within such six (6) month, 180 day time period, then the customer shall completely lose the deposit or or good faith deposit that was sent to, or given to our company. We created this policy to make certain that customers do not use good faith deposits (GFD) to "hold-up plants or product orders for longer than 6 months. Customers must accept or pick up shipment prior to this 6 month time limit. Unfortunately, there are many "life situations" and sometimes happen such as sickness, health situations, death or other reasons; if this is the case, then the customer shall lose the said deposit on the 181st day after said deposit is received.
Methods of Payment Policy:
When customers or purchasers are picking up an order at DFF location, DFF shall solely determine the method of payment to be acceptable to DFF. Should any customers or purchasers refuse to accept DFF choice of payment, then customers shall lose any good faith deposit made.
EXCEPT FOR THOSE WARRANTIES REQUIRED TO BE MADE BY LAW, DFF MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE PLANTS OR PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH ABOVE.
Applicable Law, Venue:
New Jersey law shall apply to this Agreement. In the event a dispute arises, the parties agree to first consider arbitration, mediation, or other type of appropriate alternative dispute resolution (ADR) method.
Information Collection Policy:
Our farm uses information for two general purposes: to fulfill your requests for farm produce or products, and to contact you about the status of your order with our farm. We may use the information to prospect for additional future business.
Information Sharing and Disclosure:
Our company will not sell or rent your personally identifiable information to anyone for any reason. Our company shall only send out such information when:
- We have your verbal or written consent to share the information.
- We need to share your information in order to provide the product or service that you have requested.
- We need to send the information to companies that work on behalf of our company in order to service a product for you. (Unless told otherwise, these companies do not have any right to use the personally identifiable information we provide them beyond what is necessary in assisting us).
- We respond to subpoenas, court orders or any other legal process.
- We find that any of your actions on our web sites violates our company Terms of Service or any of our usage guidelines for specific products.
We care about privacy as much as our customers and we will not share your name or telephone number with any type of marketing or sales service.