Legal

Terms of Sale

Last updated: August 1, 2026

These Terms of Sale ("Terms") govern your use of the Diane's Flower Seeds website (the "Site") and your purchase of seeds and related products from Diane's Flower Seeds LLC ("we," "us," or "our"). By placing an order or using the Site, you agree to these Terms and to our Privacy Policy.

We are a small family business that has been operating in Utah since 2006. We stand behind the quality of our seeds and are happy to help if you have questions. These Terms explain how ordering works. Please see our seed policy below for questions about germination. If prefer to order by mail with a personal check, please read our ordering by mail below.

Please read these Terms carefully before placing an order.

Who We Are

Diane's Flower Seeds LLC sells flower, vegetable, and herb seeds through this Site.

Use of the Site

By using the Site or placing an order, you agree to these Terms and represent that any information you provide is accurate and complete. Questions about how we handle personal information are covered in our Privacy Policy.

You agree not to:

  • Use the Site for any unlawful purpose
  • Attempt to interfere with the Site's operation or security
  • Scrape, copy, or reproduce Site content without our written permission
  • Place fraudulent or unauthorized orders

We may refuse service, or restrict access to the Site at our discretion, including if we suspect fraud, abuse, or a violation of these Terms.

Product Information

Product descriptions and photos on the site are our personal experience and provided for general information. We work hard to describe our seeds accurately, but natural variation exists between batches and growing conditions.

Seed packets may indicate when a variety needs special treatment (such as chilling, scarification, or soaking). Please read product pages and labels carefully before sowing. Our articles include additional germination tips if you need help getting started.

We reserve the right to limit quantities, discontinue products, or correct pricing and description errors at any time.

Seed Policy

Germination rates are typically over 70% for most varieties we offer, though some species naturally have lower germination rates. A few varieties are more difficult to grow and may require specific germination treatment to succeed.

We cannot guarantee your success. Whether seeds germinate and plants thrive depends on your experience, timing, weather, soil, watering, pests, birds, and other factors beyond our control.

If you have a question about your seeds, please contact us at [email protected] If your seeds fail to germinate, we will test the seeds and provide a refund if they don't pass the germination test.

How refunds are issued

Refunds are returned to the original payment method. Processing times depend on your bank or card issuer.

Placing and Accepting Orders

When you submit an order through the Site, you are making an offer to purchase the items in your cart. We reserve the right to accept or decline an order for any reason, including product availability, errors in pricing, or suspected fraud.

Your order is accepted when we send you an order confirmation email. If we cannot fulfill part of your order, we will contact you and offer a refund for any unavailable items or a substitute.

Please review your order carefully before checkout. Contact us promptly at [email protected] if you notice an error in your shipping address or order details.

Ordering by Mail

If you prefer, you may order by mail with a personal check. Please send us your list of your seeds with prices and total (including shipping) to [email protected] . We will give you an address to send the check to.

Pricing and Payment

All prices are listed in U.S. dollars (USD).

We accept payment through Stripe. Payment card information is processed directly by Stripe; we do not store your full card details. By submitting payment, you represent that you are authorized to use the payment method provided.

We may change prices at any time, but changes will not affect orders already accepted.

Shipping and Delivery

We ship to U.S. addresses only. We regret that we can no longer ship to countries outside the United States.

Current shipping rates are described on our Shipping page. Orders sent through USPS ground advantage with tracking or priority mail.

Risk of loss of items pass to you upon delivery to the carrier. Please ensure your shipping address is correct. We are not responsible for delays caused by the carrier, incorrect addresses, or events outside our reasonable control.

Intellectual Property

All content on the Site — including text, photos, product descriptions, articles, logos, and design — is owned by Diane's Flower Seeds LLC or our licensors and is protected by copyright and other intellectual property laws. You may not copy, reproduce, or distribute Site content for commercial use without our written permission.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT SEEDS WILL GERMINATE, PRODUCE PLANTS, OR YIELD ANY PARTICULAR RESULT; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT PRODUCT DESCRIPTIONS ARE COMPLETE OR FREE OF ERROR.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, our disclaimers apply to the maximum extent permitted by law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DIANE'S FLOWER SEEDS LLC, ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS — INCLUDING LOSS RELATED TO FAILED GERMINATION, CROP LOSS, OR PLANT PERFORMANCE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER.

Some jurisdictions do not allow limitations on implied warranties or certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Diane's Flower Seeds LLC and its owners and employees from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your misuse of the Site, violation of these Terms, or violation of any law or third-party rights.

Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Weber County, Utah, and you consent to their jurisdiction.

Before filing a formal claim, we encourage you to contact us at [email protected] so we can try to resolve the matter directly.

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms on this page and update the "Last updated" date above. Material changes may also be noted on the Site. Your continued use of the Site or placement of orders after changes take effect constitutes acceptance of the updated Terms.

General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Diane's Flower Seeds LLC regarding the Site and your purchases, and supersede any prior understandings on those subjects.

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.