Terms and Conditions

Last Updated: August 15, 2026

Welcome to Phuong Nam Plants. These Terms and Conditions ("Terms") govern your use of our website at phuongnamplants.com (the "Website") and any purchases you make through our Website. By accessing or using our Website, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree, please do not use our Website.

1. Overview

Phuong Nam Plants is a retail business offering live plants, potted flowers, hanging basket plants, planters, and related accessories. We operate both an online store and a physical retail location in San Jose, California.

2. Acceptance of Terms

By accessing or using our Website, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and that you have the legal capacity to enter into a binding agreement. If you are under the age of 18, you may only use the Website with the consent and supervision of a parent or guardian.

When you place an order through our Website, you are making an offer to purchase a product under these Terms. Your offer is subject to our acceptance as described in Section 4 below.

3. Our Products and Orders

3.1 Product Information

We make every effort to display product descriptions, images, specifications, and pricing as accurately as possible. However, due to variations in monitor displays, photographic techniques, and natural variations in live plants, the actual color, size, shape, and appearance of products may differ slightly from what is shown on our Website. Live plants are natural products and may vary in size, leaf count, and overall appearance.

We reserve the right to modify, discontinue, or remove any product from our Website at any time without prior notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of a product.

3.2 Order Accuracy

It is your responsibility to ensure that all information provided when placing an order — including your shipping address, email, and phone number — is complete and accurate. Phuong Nam Plants is not responsible for orders shipped to incorrect addresses or delays caused by inaccurate customer information.

3.3 Order Acceptance

When you place an order, you will receive an automated order confirmation email. Please note that this email is an acknowledgment that your order has been received — it does not constitute acceptance of your order. An order is only accepted and binding once we have shipped the product(s) to you and sent you a shipping confirmation email.

We reserve the right to refuse or cancel any order at our discretion, including but not limited to situations where:

Product is out of stock or unavailable
Pricing or product description errors
Suspected fraudulent or unauthorized transactions
Orders that violate these Terms

4. Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and include all applicable taxes unless otherwise stated. We accept the payment methods listed on our Payment Policy page.

Prices are subject to change without notice. We are not obligated to honor pricing errors. If a product is listed at an incorrect price, we may cancel the order and notify you promptly.

5. Shipping

Shipping is subject to the terms and conditions set out in our Shipping Policy. We only ship within the United States. We are not responsible for delays caused by carriers, weather, or events beyond our control. The risk of loss and title transfers to you upon delivery of the goods to the carrier.

6. Returns and Refunds

Returns and refunds are governed by our Refunds & Returns Policy. By placing an order, you acknowledge and agree to the terms of that policy.

7. Intellectual Property

All content on this website — including text, images, graphics, logos, product descriptions, and software — is owned by Phuong Nam Plants or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, or create derivative works without our express written consent.

8. Limitation of Liability

To the maximum extent permitted by law, Phuong Nam Plants shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of the website or purchase of products.

Our total liability shall not exceed the total amount paid by you for the product(s) giving rise to the claim.

We are not responsible for any damage to plants caused by improper care, extreme weather conditions during delivery, or events beyond our control once the product has been delivered to the carrier.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in Santa Clara County, California.

10. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated date. Your continued use of the Website after any changes constitutes your acceptance of the updated Terms.