Policies, Terms and Conditions
Policies
Privacy
Colorado Clivia Company maintains only minimal information regarding persons contacting us or purchasing items from us. The processing of your transaction does not provide Colorado Clivia Company with your complete financial information. The only financial information of yours we receive is a unique transaction id number, your credit card type (but not the credit card number or CVV), your contact and shipping information, and the items purchased. No information collected by us is ever sold, rented or given to anyone else. No information collected by us is ever used beyond processing the current transaction. You will not get junk mail or emails from us.
Vendors
Colorado Clivia Company uses two vendors to provide the necessary web hosting, shopping cart, and credit card processing functions needed to make this website work. GoDaddy.com is our host except for the “shopping cart” functions of our website. GoDaddy.com's servers contain none of your credit card, shopping cart, or Colorado Clivia Account information.
Shopify.com was selected as our shopping cart provider and credit card processor because of their strong privacy policies, information security protections, and because we never have to process or maintain the credit card number information ourselves.
General Data Protection Regulation
Colorado Clivia Company follows the General Data Protection Regulation (GDPR) of the European Union in the operation and use of data in our shopping cart, even though we do not operate or ship outside of the continental United States.
The GDPR is the European Union’s data privacy law. The GDPR requires companies to take steps to provide individuals with more visibility into and better control over how their personal data is used. It also requires that companies handle that data securely and responsibly. The GDPR gives individuals the right, in certain circumstances, to request a copy of their personal data being processed by our shopping cart. The GDPR also gives individuals the right, in certain circumstances, to ask that their personal data be erased, or that a company restrict the processing of their personal data. Please contact us via email at info@coclivia.com if you wish to request either one of these processes.
Terms and Conditions
The following Terms and Conditions apply to the use of this website as well as all transactions conducted through the site.
Legal Notices
All notices from Colorado Clivia Company to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to Colorado Clivia Company shall be made either by email, or first class mail to our address at: Colorado Clivia Company, 621 Saint Paul Street, Denver, Colorado 80206. Delivery shall be deemed to have been made by You to Colorado Clivia Company five (5) days after the date sent.
Copyright
All content, including photographs, appearing on this Website is the property of Colorado Clivia Company. All rights are reserved. As a user, you are authorized only to view, copy, print, and distribute documents or images on the website so long as (1) the documents or images are used for informational purposes only, (2) the document or images are used for non-commercial purposes and (3) any copy of the document or image, or portion thereof, includes the following copyright notice: Copyright 2012-2023 Colorado Clivia Company. All rights reserved.
Use of Site
Information on this site, including product pricing and availability, may be changed or updated without notice. If Colorado Clivia Company or its vendors believe that customer conduct violates applicable law or is harmful to the interests of Colorado Clivia Company or its vendors, Colorado Clivia Company reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, without limitations.
Shipping and Delivery
Standard Shipping. Colorado Clivia Company only ships physical merchandise to locations within the continental United States. All plants are shipped bare root. Shipping is done on the first Monday (or Tuesday on postal holidays), weather permitting, after receipt of payment. Colorado Clivia Company ships via UPS. Title to the package is deemed to have transferred to You, the purchaser, when we deliver the package to the shipping carrier. All shipments have tracking. Unless you request otherwise and pay for any increased costs, shipment drop off without signature is used.
Shipping Insurance. UPS automatically includes $100 of insurance. If you desire additional insurance coverage or wish to use other types of shipping, you must let us know in advance and pay for the additional charges. No carrier insures for freeze damage to plants. If you have other types of shipping damage, please contact us. We would be happy to assist you in filing a claim with the carrier.
International Shipping. Colorado Clivia Company only ships physical merchandise to areas in the continental United States.
Cold Weather Shipping. Colorado Clivia Company ships plants year round. During cold weather we check the projected temperatures using National Weather Service projections for our location, your destination, and the shipping route in-between. If the temperatures are expected to be too low for a reasonably successful shipment we will delay shipping and check conditions again in a week. Our winter packaging is not freeze proof, however, it is upgraded. Cold weather packaging includes a 3/16 inch foil laminated, bubble wrap box liner and one 72-hour heat pack. The foil laminated box liner acts like a space blanket. Use of recommended shipping services, may or may not result in delivery within the 72 hour operation period of any added heat pack.
Three other cold weather shipping options are also available at no cost to customers:
- Hold at Post Office or Hold at nearby FedEx Office. This prevents plants from freezing after delivery to your "ship to" address. You will need to go to a nearby Post Office or FedEx Office to obtain your package. This, however, does not guarantee un-damaged plants as many shipping trucks are not heated and the weather from Colorado to your state may be colder than our upgraded packaging can resist.
- Signature required for delivery. This prevents plants from freezing after delivery to your “ship to” address. It is not effective if someone is rarely home during the day. Once again not an absolute guarantee.
- “Wait for Warmer Weather” shipping. Since many of our plants are only available in very limited quantities and for a limited time, we upon request hold purchased and paid for plants in our heated greenhouse until the weather is warmer. This option is particularly viable for customers living in the northern portions of the United States. Sorry, plants are held only if the plant has been paid for.
To request any of these other cold weather options, please make a note in the comments section of your order.
Phytosanitary Certificates. Phytosanitary Certificates are available at an extra cost. If your state or local government requires a phytosanitary certificate, you are required to let us know in advance.
International
Sorry, but we do not ship plants to countries outside of the United States or its territories.
Sales Tax
As required by law and the Colorado Department of Revenue regulations, Colorado Clivia Company collects the appropriate sales tax for merchandise ordered on this Website and shipped to Colorado addresses. Sales tax will be charged, as appropriate, for the State of Colorado sales taxes and all local jurisdiction (city, county, and special district) sales taxes administered by the Colorado Department of Revenue. Special district sales taxes will be shown on the "municipal" line in the invoice. All other sales, use or value added taxes are the responsibility of the purchaser.
Warranties
The Content included in this Website has been compiled from a variety of sources and is subject to change without notice, as are any products, programs, offerings, or technical information described in this Website. Colorado Clivia Company makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of this Website or it’s Content. By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Colorado Clivia Company SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES, IT'S CONTENT, OR THE ASSOCIATED PRODUCTS. IN NO EVENT WILL COLORADO CLIVIA COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Color and/or Variety Warranties
All plants grown from seed which have not yet bloomed while in the possession of Colorado Clivia Company are sold without any warranties of any kind as to type, species, color, or variety. Colorado Clivia Company takes reasonable precautions to deliver the items requested. None of Colorado Clivia Company's plants are line bred and all are created using manual pollination processes. As such, natural genetic processes outside of the control of Colorado Clivia Company may create plants different from the items described in this website. The label "Fully Mature" is used to describe plants which have bloomed in the possession of Colorado Clivia Company. “Fully Mature” plants are warranted as to flower color. Plants listed as "divisions" or "offshoots" of plants which have previously bloomed while in the possession of Colorado Clivia Company are also warranted as to flower color regardless of size or level of maturity. Replacement of warranted plants or return of the purchase price is solely at the discretion of Colorado Clivia Company.
Return Policy--Plants. Plants must be returned within 7 days of receipt. Please contact us at telephone 303-292-1002 to obtain the necessary authorization and process for returning plants. Plants may not be returned for shipping damage or frost. Even with insurance, shipping carriers will not replace frozen plants. Claims for shipping damage must be made with the shipping carrier.
Store Hours
Our greenhouse is open only by prior appointment. Customer Service can be contacted at telephone 303-292-1002 to make an appointment.
Void Where Prohibited
Although information on this Website is accessible worldwide, not all products or services discussed on this Website are available to all persons or in all geographic locations or jurisdictions. Colorado Clivia Company reserves the right to restrict the distribution of products or services.
Governing Law
In the event of litigation both parties agree that the Law of the State of Colorado shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the District of Colorado. Both parties expressly waive a trial by jury.