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AI Yard Designer, Delivery & Plant Care Terms — v1.0

AI Yard Designer, Delivery & Plant Care Terms — v1.0

Delaware Nursery License No. 2026953503
Version 1.0 · Effective 2026-08-03 · Last updated 2026-08-03

PLEASE READ. This document has three parts. Part A covers the AI Yard Designer — an idea tool, not a professional design service. Part B covers delivery of plants you buy through the Site. Part C covers your responsibilities after delivery and our Arrival Inspection and Return Policy — the only remedy we offer, and it is not a warranty. Section A10 limits our liability for Designer output; Section C1 disclaims warranties on delivered plants. Together with the Terms of Service and Privacy Policy, this is the entire agreement about designing, buying, and receiving plants from us.

This document supplements, and is incorporated into, the Terms of Service(“ToS”). Defined terms used there — Annie’s, the Site, the Designer — carry the same meaning here. Where this document doesn’t address something, the ToS controls; where both address the same subject, this document controls as the more specific term.

Christmas tree reservations and delivery are governed entirely by ToS § 9, not by Part B below. Third-party installation by Union Park Landscaping is governed entirely by ToS § 10, not by this document — Annie’s plant-care disclaimers in Part C still apply to the plants themselves regardless of who plants them.

THE AI YARD DESIGNER PRODUCES AN ILLUSTRATION OF ONE WAY YOUR YARD COULD LOOK. IT IS NOT LANDSCAPE ARCHITECTURE, ARCHITECTURE, ENGINEERING, SURVEYING, ARBORICULTURE, SOIL SCIENCE, OR ANY OTHER LICENSED PROFESSIONAL SERVICE, AND USING IT DOES NOT CREATE A PROFESSIONAL RELATIONSHIP OF ANY KIND BETWEEN YOU AND ANNIE’S.

NO ONE AT ANNIE’S IS A LICENSED LANDSCAPE ARCHITECT. THE DESIGNER DOES NOT KNOW YOUR SOIL, DRAINAGE, GRADE, SUN EXPOSURE BEYOND WHAT YOU TELL IT, BURIED UTILITIES, PROPERTY LINES, EASEMENTS, SETBACKS, LOCAL CODE, OR HOA RULES. ITS OUTPUT IS AN IDEA, NOT A PLAN.

You upload a photo of your yard and answer a few questions (style, sun, budget, and similar). We send your photo and answers to a third-party AI provider, which returns rendered images and a suggested plant list drawn only from plants we currently stock. See Privacy Policy § 3 for what happens to your photograph.

The Designer is a free tool with usage limits (currently five designs per email address per week) to prevent abuse. We may change, limit, or discontinue it at any time without notice.

We are not landscape architects, and nothing on this Site holds Annie’s or anyone at it out as one. “Landscape-style blueprint” and similar phrases used elsewhere on the Site describe the look of a garden plan graphic, not a professional landscape-architecture deliverable. If your project needs a licensed landscape architect, engineer, or surveyor, that is a separate professional you will need to retain yourself.

BEFORE YOU OR ANYONE ELSE DIGS, PLANTS, OR INSTALLS ANYTHING BASED ON A DESIGNER OUTPUT, CALL 811 (OR YOUR STATE’S ONE-CALL SERVICE) TO HAVE BURIED UTILITY LINES MARKED. IT IS FREE AND REQUIRED BY LAW IN DELAWARE, NEW JERSEY, PENNSYLVANIA, AND MARYLAND BEFORE ANY EXCAVATION.

THE DESIGNER HAS NO KNOWLEDGE OF BURIED GAS, ELECTRIC, WATER, SEWER, OR COMMUNICATIONS LINES, SEPTIC FIELDS, PROPERTY BOUNDARIES, EASEMENTS, OR ANY LOCAL PERMIT REQUIREMENT. YOU ARE SOLELY RESPONSIBLE FOR CALLING 811, VERIFYING PROPERTY LINES AND SETBACKS, OBTAINING ANY REQUIRED PERMIT, AND CONFIRMING HOA OR DEED RESTRICTIONS BEFORE ACTING ON ANY DESIGNER OUTPUT.

Plant selections assume general Delaware Zone 7 growing conditions. Your yard’s actual sun, soil, drainage, and microclimate may differ from what the Designer assumed, and may call for a different plant than the one shown. Rendered images are illustrations, not photographs of the specific plants you will receive — see ToS § 5.2, which applies in full to every Designer image.

By uploading a photo you represent that you own or occupy the property shown, or have permission to photograph it, and that it does not show any other identifiable person without their consent — see ToS § 14. Our use of your photo, including in our own marketing, is governed by Privacy Policy §§ 3 and 6.4, including how to opt out.

A saved design’s link is unlisted, not private — anyone who has the link can view it, per Privacy Policy § 3. You can view every design tied to your email and permanently delete a design and its source photograph at any time from Your designs; deletion is immediate on our end and removes the underlying files, not just the listing.

The Designer suggests plants; it does not price differently by person, evaluate creditworthiness, or decide whether we will serve you. It does not make any decision about you that produces a legal or similarly significant effect.

Generating a design is free and creates no obligation to buy anything. A price shown next to a plant in the Designer is an estimate as of that moment; the price and any quantity discount at checkout control, per ToS § 7.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANNIE’S HAS NO LIABILITY FOR ANY LOSS, DAMAGE, INJURY, FINE, OR PENALTY ARISING FROM YOUR USE OF, OR RELIANCE ON, ANY OUTPUT GENERATED BY THE AI YARD DESIGNER — INCLUDING, WITHOUT LIMITATION, DAMAGE FROM STRIKING A BURIED UTILITY LINE, A DISPUTE OVER A PROPERTY LINE OR EASEMENT, A VIOLATION OF AN HOA RULE OR DEED RESTRICTION, OR A VIOLATION OF LOCAL CODE OR PERMIT REQUIREMENTS.

This limitation is in addition to, and does not replace, the disclaimers and liability cap in ToS §§ 15 and 16, which apply in full to the Designer. Nothing in this Section excludes liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded — see ToS § 16.

This Part covers delivery of plants. Christmas tree delivery is governed by ToS § 9; installation by Union Park Landscaping is governed by ToS § 10.

We’ll give you an estimated delivery day or window by email. Dates and times are estimates; time is not of the essence. Weather, route, and vehicle availability can shift a delivery — see ToS § 18 (force majeure).

You’re responsible for a clear, safe path to the drop location — gates unlocked, pets secured, vehicles and obstructions cleared. If access is blocked or unsafe in our driver’s reasonable judgment, we may leave your order at the nearest safe location (such as a driveway or curb) or reschedule.

If we can’t deliver because the address was wrong, access was blocked, or delivery was refused, a re-delivery fee applies under ToS § 12.3.

We deliver and unload; we do not dig, plant, grade, or installunless you’ve separately contracted Union Park Landscaping under ToS § 10. Where you requested placement in a specific spot, we’ll place containers there if it’s reasonably accessible, but exact placement is a courtesy, not a contractual obligation.

Risk of loss for each plant passes to you when we deliver it to the agreed location (or when you or your agent accepts it, if earlier). Inspect promptly — see Part C.

Our driver may photograph your order at handoff as a record of its condition on delivery. We keep these for 24 months — see Privacy Policy § 9.

PLANTS ARE LIVING GOODS. ANNIE’S GIVES NO WARRANTY, WRITTEN OR ORAL, THAT ANY PLANT WILL SURVIVE, THRIVE, GROW TO ANY SIZE, OR BLOOM AT ANY TIME AFTER DELIVERY.

THE ARRIVAL INSPECTION AND RETURN POLICY BELOW IS A RETURN AND REFUND POLICY — IT IS NOT A WARRANTY, AND IT DOES NOT COVER A PLANT’S PERFORMANCE AFTER YOU HAVE ACCEPTED, PLANTED, OR CARED FOR IT. THIS SECTION RESTATES, AND DOES NOT REPLACE, THE DISCLAIMER OF WARRANTIES IN TOS § 15.

Inspect your plants as soon as they arrive. If a plant is dead on arrival, damaged in transit, the wrong variety, the wrong quantity, or visibly infested with plant pests, report it within 48 hours of delivery, with photographs, to anniesonlinenursery@gmail.com or (302) 757-5496. Claims reported after 48 hours are waived, except where a longer period is required by law and cannot be shortened by agreement.

For a timely, photographed report of a plant that was dead on arrival, damaged in transit, mislabeled, or shipped in the wrong variety or quantity, we will replace, credit, or refund that plant, at our discretion.

The Arrival Inspection and Return Policy does not cover, and we have no liability for:

  • Failure to water, plant, or otherwise establish the plant after delivery;
  • Transplant shock, or ordinary stress from being moved and replanted;
  • Frost, freeze, drought, heat, storm, or other weather occurring after delivery;
  • Deer, rabbit, insect, disease, or other damage occurring after you’ve accepted the plant;
  • A plant sited in soil, drainage, or sun/shade conditions it isn’t suited for, where you chose the location;
  • Damage from installation — by you, by Union Park, or by anyone else;
  • Issues first reported more than 48 hours after delivery; or
  • Any plant that has already been planted, watered, or fertilized (planting is treated as acceptance of its condition).

After delivery, all watering, planting timing, siting, and ongoing care is your responsibility. Planting-window guidance, bloom calendars, and care notes on the Site or in the Designer are general horticultural information about the variety, not a maintenance warranty or professional agronomic advice — see ToS § 5.3.

The limitation of liability and damages cap in ToS § 16 apply in full to plants delivered under this document, including to any claim about a plant’s survival, condition, or performance after delivery.

Many ornamental plants are toxic if eaten; some irritate skin; some bear thorns. Where we know a variety carries one of these traits we flag it on the product listing, the Designer plant list, and your cart — but we do not screen your order for your household’s specific risks, and we don’t know who or what lives at your address. Checking each variety before planting is your responsibility — see ToS § 5.6.

We do not sell a plant into a state where its sale is prohibited, and we flag state-mandated invasive-species notices on affected listings — see ToS § 6. You remain responsible for restrictions that apply to you rather than to us, including local ordinances, HOA covenants, and deed restrictions.

Installation by Union Park Landscaping is a separate contract between you and Union Park, governed by ToS § 10 — Annie’s is not responsible for their workmanship, scheduling, or any warranty they may or may not give. This Part C — including the 48-hour arrival window and what’s covered — applies to the plants themselves regardless of who plants them.

The protections in ToS § 20 for New Jersey consumers apply equally to this document — no provision here limits or waives a right New Jersey law makes non-waivable.

ToS § 19 — Delaware governing law, the requirement to send a Notice of Dispute before filing, the small-claims option, the venue and jury-trial waiver, and the class-action waiver — governs any dispute arising under this document, exactly as it governs the ToS itself.

You accept this document by checking the acceptance box in the Designer or at checkout, each of which links here. We record the date, time, and version you accepted — see ToS § 21. Superseded versions remain available permanently at /designer-terms/v/[date].

We may revise this document; changes take effect when posted with an updated date. Material changes will be announced on the Site and by email where we have your address.

Annie’s Online Nursery, LLC
anniesonlinenursery@gmail.com · (302) 757-5496

Delaware Nursery License No. 2026953503
1202 N West St, Wilmington, DE 19801