Overview

Updated and effective as of January 2, 2024

This website is operated by April & Ashley LLC, the dedicated online store for premium rose bushes. Throughout the site, the terms “we”, “us” and “our” refer to April & Ashley. These Terms and Conditions govern your use of the April & Ashley website including all information, tools and services available from this site to you and the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Acceptance of Terms

Please read these Terms of Service carefully before accessing or using our website. By visiting our website and placing an order, you agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

Online Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Non-Propagation 

General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site

(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a

Copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Product Information

April & Ashley aims to grow and ship roses of the highest quality, but these are living plants. We cannot be responsible for Mother Nature’s role in each individual garden ie. abnormal weather conditions, potential pests, predatory animals (deer, gopher, voles, etc.), and disease and soil conditions.

We provide detailed descriptions and images of the rose bushes available for sale. While we strive for accuracy, slight variations in color, size, or bloom may occur since living roses cannot be accurately represented by color print. Most roses will gradually change color as they develop from buds to blooms. Sunlight and high temperatures may cause the rose petals colors to change. This effect may be restricted to rose petal edges or may affect the whole bloom.

All descriptions or products and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

When adding your product to the cart you will be prompted to select a ship date. We are not responsible for orders that are selected to ship too late or too early for your area.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise their right on a case-by-case basis. 

Orders and Payments

Orders can be placed directly through our website. We accept various forms of payment as indicated on our site. Prices are subject to change without notice but will not affect confirmed orders.

We reserved the right to refuse any order you place with us. We may, in our sole discretion, limit, or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/ or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Shipping and Delivery

Order Processing

• Before check out, customers are prompted to choose a week in which they would like their order to be shipped. We recommend that you choose a ship date that works best for planting in your hardiness zone.

For questions on your hardiness zone visit https://planthardiness.ars.usda.gov/

• Customers will receive a confirmation email with a tracking number once their order is processed.
• Orders containing multiple tracking numbers may arrive on different delivery dates.

Delivery

• Delivery times may vary and are subject to external factors. April & Ashley are not responsible for delays caused by UPS

Packaging

• Rose bushes are carefully packaged to ensure they arrive in excellent condition.
• Instructions for care upon arrival will be included in the package. You may also view them here.

Shipping Restrictions

• We currently ship only to the lower 48 states. 
• We do not ship to PO boxes.

Cancellations and Returns

Cancellation Policy

All rose bushes sold by April & Ashley are considered final sale items. This means that once an order is placed, it cannot be canceled, returned, or exchanged.

Refusing delivery of the package does not constitute a cancellation and may result in additional charges.

Returns

We are dedicated to providing our customers with high-quality rose bushes. Due to the living and perishable nature of our products, we have a no-return policy for all our rose bushes.

If you receive a different variety of rose bush than what was ordered, please contact our customer service team at support@aprilandshley.com to resolve the issue.

Warranty and Package Protection

90-Day Warranty Claim Policy for Rose Bushes

Updated and effective as of January 2, 2025

Warranty Coverage

Limited Warranty Coverage

We are dedicated to selling the highest quality roses. If there is an issue with your order please email our customer service team at support@aprilandashley.com and provide a detailed description of the issue and photographs of the rose bush.

This warranty does not cover:

• Problems that result from Mother Nature such as natural disasters, weather conditions, or improper care and maintenance.
• Issues related to aesthetic preferences, such as flower color or bush size.
• Disease incur blackspot, powdery mildew, or pests.

Package Protection

At April & Ashley, we understand the importance of receiving your rose bushes in perfect condition. We offer package protection for a small fee. This Package Protection fee covers situations where your order is lost, stolen, or damaged during transit.

Lost or Stolen Packages

• Reporting: If your package is lost in transit or stolen after delivery, please report it to us within 48 hours of the expected delivery date.
• Investigation: We will initiate an investigation with UPS to locate your package. This process may take 5-7 business days.
• Resolution: If the carrier confirms that the package is lost or stolen, we will offer a choice of a replacement or a full refund.

Damaged Packages

• Reporting: If your order arrives damaged, please contact us within 48 hours of receipt with photographic evidence of the damage.
• Assessment: We will assess the damage and determine if it occurred during shipping.
• Note: Roses that experience broken or damaged canes during transit may be pruned back and will generate new growth from the own-root system
• Resolution: For packages damaged by the carrier, we will offer a replacement at no additional cost or a full refund.

General Terms

• All claims for lost, stolen, or damaged packages must be made within the specified time frames.
• We are not responsible for lost or stolen packages that are successfully delivered to the shipping address provided by the customer.
• We reserve the right to refuse a refund or replacement for packages that are lost or stolen due to incorrect or incomplete shipping addresses provided by the customer.
• April & Ashley is committed to ensuring customer satisfaction and will work diligently to resolve any issues with your order.

Contact Information

For any questions or to report an issue with your delivery, please contact our customer service team at support@aprilandashley.com

Privacy

Your privacy is important to us. Our Privacy Policy outlines how we collect, use, and protect your data. https://aprilandashley.com/pages/privacy-policy

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Changes to Terms and Conditions

April & Ashley reserves the right to modify these Terms and Conditions at any time. The most current version will always be posted on our website.

Contact Us

For any questions or concerns regarding these Terms and Conditions, please contact us at support@aprilandashley.com.