Retail Terms of Sale

Terms of Sale for Retail Sales

Prices are subject to change without notice. All orders are subject to availability. Otto & Sons Nursery (“We” or “Seller”) reserves the right to correct clerical or typographical errors at any time, even after acceptance and sale. Orders may be canceled at any time, but any order canceled after delivery to the Buyer is subject to a 20% restocking fee. Due to plant quarantine restrictions, all returned plants must have a pesticide treatment and be held for 14 days before returning to stock.

All online orders are subject to acceptance and issuance of an order acknowledgment from the Seller. If any terms on the face of any order acknowledgment/confirmation or invoice of Seller differ from or conflict with these Terms (for example only, special delivery or payment terms), the face terms will control over these Terms. Any pre-printed terms on any Seller order acknowledgment/confirmation or invoice that differ or conflict with these terms do NOT apply.

Otto & Sons Nursery accepts most major credit cards for your convenience. Otto & Sons need not ship or deliver products if you (“Buyer”) have not met your payment or other contractual obligations.


Delivery dates are estimates only. Delivery charges are not included in prices and will be itemized separately. Any orders not picked up or delivered by us will be shipped Free on Board Seller’s Shipping Point,(F.O.B.). When shipped F.O.B., you bear the risk of loss or damage from the time the product is loaded onto the carrier at the Seller’s facility and during all transportation and delivery of the product to the site designated by you. We are open for you to pick up products Monday through Friday, from 8 am to 4 pm, and Saturday between 8 am and 12 pm. Please give us the order at least 4 hours before you would like to pick up any product so we can have your order ready. Orders for delivery need to be made by 10 am for delivery the next applicable business day. Typical delivery days, delivery costs, and terms are as follows; please contact the Fillmore store location to schedule a delivery:

  • Ventura County, Santa Clarita, Moorpark, Ojai, and Thousand Oaks
    • Wednesday, Friday
    • Flat Fee: $65.00 with a minimum purchase of $300.00
  • San Fernando Valley and Southern Santa Barbara County
    • SFV -Tuesday, Thursday
    • SB – Wednesday, Friday
    • Flat Fee: $75.00 with a minimum purchase of $350.00
  • West Los Angeles, Pasadena, Malibu
    • Tuesday, Thursday
    • Flat Fee: $100.00 with a minimum purchase of $450.00
  • Pomona, Orange County, Lancaster
    • Tuesday, Thursday
    • Flat Fee: $125.00 with a minimum purchase of $550.00
  • San Bernardo County, North Santa Barbara, and San Luis Obispo County
    • Wednesday (Every Other Week or as needed)
    • Flat Fee: $150.00 with a minimum purchase of $650.00
  • San Diego, Bakersfield, Creston
    • Inquire for the delivery day
    • Flat Fee: $200.00 with a minimum purchase of $900.00
  • Monterey, Santa Cruz, Bay Area, and Kern
    • Delivery as needed when the truck is full. Inquire for the delivery day
    • 20% of order with a minimum purchase of $1,100.00

Refund Policy

Within fourteen (14) days of purchase in the retail store or our online portal, if for any reason you are unsatisfied with any purchase, we will gladly exchange the item or provide store credit or refund the purchase price as further provided in this paragraph. All product returns must be disease-free, alive, free from damage, and in healthy and saleable condition, all as determined in the sole discretion of Seller. You are responsible for any shipping costs to return items. Plants removed from their pots or otherwise planted will not be accepted for return. All returns are subject to approval by a manager of Seller. The plant or product must be returned with the original sales receipt and plant tag. A refund or store credit will be issued for all accepted returns if a replacement is unavailable, at Seller’s sole discretion.

If the purchase price is refunded:

(A)   credit card sales with a valid receipt will be credited to the card.

(B)   Cash sales with a valid receipt will receive cash back if the sale is under one hundred Dollars ($100.00); if the sale is over one hundred Dollars, a refund check will be mailed within five business days.

(C)   Purchases paid by check will be refunded 10 business days from the receipt date.


Receipts are required for all returns. Due to plant quarantine restrictions, all returned plants must have a pesticide treatment and be held for 14 days before returning to stock. Notwithstanding anything in these terms to the contrary, any nursery product delivered to a quarantined area (as determined in Seller’ sole discretion) cannot be returned and all sales are FINAL UPON DELIVERY.

Please contact for plant care advice.

Limited Warranty

Any sample shown to you is used to illustrate the general type and quality of the goods only. Seller does not warrant or guarantee uniformity, and you acknowledge that there will be variations in character, quality, and condition of the nursery product.


APPLICABLE PERIOD: Seller warrants that the nursery product will be alive and free from disease or damage for a period of three (3) days after the time of purchase at the store or three (3) days after receipt of the product if shipped. Seller will transfer title to the nursery product free and clear of all third-party liens and claims. Within the period of this warranty, Seller will replace the product, or if a replacement product is not available, provide a credit or refund at Seller’s sole discretion.  Any claims for defective or damaged goods must be made within three (3) days, or such claims are conclusively deemed forever waived.  The seller, in its sole discretion, will determine if the product is defective. No express warranty other than outlined in these Terms is given, and no assertion of Seller, by words or action, will constitute a warranty.  No employee, agent, or other person is authorized to provide any warranty or to assume for Seller any liability in connection with any of its products other than as outlined in these Terms. We make no other warranties, express or implied, with respect the product except for any implied warranty required by applicable law and any implied warranties, including the warranties of merchantability and fitness for a particular purpose, are expressly limited to the warranty period for the product.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.


OUR WARRANTY IS FURTHER LIMITED AS FOLLOWS: This warranty does NOT include any of the following: failure of any pots or other containers, damaged leaves, minor limb breakage, color changes, plants in their deciduous condition due to season, variations in production, or variations in character, condition, or quality of goods or appearance somewhat different than any product image or sample, and any acts of God, acts of Buyer, or events beyond the reasonable control of Seller.


DAMAGE LIMITATIONS. In no event will Seller be liable for any special, incidental, indirect, or consequential damages to the fullest extent permitted by law, even if Seller has been advised of the possibility of such damages. You expressly agree that Seller’s sole maximum liability for damages for any cause whatsoever will be limited to the total price received by Seller for the order of the product in question. When you accept the product, you are precluded from seeking any other damages against Seller. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.   This warranty gives you specific legal rights, and you may also have other rights that vary from State to State.


Warranty Claims and Other Claims: All claims for defective products, shortages in shipping, or otherwise must be made within three (3) days of receipt of the product and include the original sales receipt and plant tags.  If you believe an error has been made in the order, please notify us promptly, and we will make a reasonable adjustment if we have determined, at our sole discretion, that we made an error. We do not guarantee the longevity of plants. We will only accept returned goods that we deem defective (in our sole discretion)  for replacement and if replacement is not available, for full credit or refund (in our sole discretion) and only if returned within the three days. For online sales, you agree not to return any defective product purchased online without the prior written approval of the Seller.  You are solely responsible for destroying defective products when requested and all return shipping costs.

Entire Agreement

These Terms and any terms on any invoice or order acknowledgment/confirmation from Seller that are deemed to apply supersede all prior and contemporaneous understandings and agreements of Seller and Buyer (whether written or oral). Any waiver must be in writing and signed by the party so waiving. Any amendment or modification of these Terms must be in writing and signed by an authorized Seller representative and you. These Terms are subject to the laws of California. These Terms are binding upon Seller and Buyer and upon each of their successors and assigns. Suppose any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable. In that case, the provision will be deemed omitted and the remainder of these Terms will remain in full force and effect to the fullest extent allowable by law, if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. Seller and you agree to perform any and all acts and will execute any and all documents that may be reasonably necessary to carry out the provisions and the intent of these Terms.


Commercial Terms of Sale