Our Terms of Service

By participating in the 1888Orchids.com drop ship program, you agree to the Terms of Service.

Drop Ship Agreement between the above referenced Company, hereinafter "Vendor" and 1888Orchids.net hereinafter "Supplier" whose address is 5600 Avenida Encinas #47 Carlsbad,CA 92008.

PRODUCT herein shall mean Orchid Plants and related products, READY FOR SALE to Vendor's customer.

Vendor Duties:

1) Vendor shall collect and pay Supplier, California sales tax at a rate of 7.25%. Supplier shall remit California's sales tax to proper agencies. Vendor will calculate sales tax based on the selling price of the Product. California sales tax only applies to sales from Vendor customers in California.

2) Vendor will place orders for Products using our Online Order Form, By Phone or Sending an e-mail to the Supplier. All Email and Phone Orders must include Vendor's Drop Ship Agreement Number which is assigned to Vendor when this Agreement is complete including the name, address and telephone number where the Product is to be shipped. For retailers without a website, the email message will serve as an order-invoice and represents Vendor's Purchase Order (PO) for the Product.

3) Vendor shall pay Supplier for each ordered product per the payment schedule noted below. Payment for orders will be made by Vendor to Supplier as soon as the order is entered into our online order form. Vendor must have a Company Credit Card in order to process orders online. We do not provide terms or currently extend credit to online customers. However, we will review requests for credit on a case by case basis.

4) Vendor shall promote the sale of the Product, through advertising on their web site, displays and other onsite promotions. Please do not use Spam to advertise your site. We do not support sites that promote violence or racism.

5) It is Vendor's responsibility to design your shopping cart to notify customer when the Product is to be shipped. We will ship the product the same day it is received if the order is received by 12 Noon Pacific Standard Time.

Supplier Duties:

1) Upon receipt of the Order from Vendor, Supplier will fulfill the order and ship to the Vendor's buying customer. The Product will ship the same day the order is received IF the order is received by 12 Noon Pacific Standard Time (California), unless circumstances beyond the Supplier's control occur. In that case, Supplier will notify the Vendor via e-mail and/or phone within 24-hours as to the nature of the delay. Supplier will not share any of your Customers information with anybody. We think this is unethical because the Customer's information is yours only.

2) Supplier will send the Vendor an e-mail confirmation when the order is received. Another email is sent with FedEx tracking numbers to notify Vendor when the product has shipped. Vendor will receive a final email with the Product has arrived. 

3) We currently do not extend credit terms.

4) Supplier will handle returns and provide customer support for issues beyond the scope of Vendor's expertise for the Product. Each Product that Supplier ships shall have care information for said Product including a toll free 800 number for returns or inquiries.

5) Supplier warrants that the Product will be shipped to Vendor's customer in good condition, and shall promptly replace Product that is not received in good condition. There is a $10.00 fee for incorrect addresses. Risk of loss shall pass to Vendor upon delivery by FedEx to Vendor's designation address.

6) Supplier grants Vendor the right to use Product literature, graphic images from Supplier's and all web site TEXT material deemed necessary to promote and market Supplier Products on Vendor's website. Said material shall only be granted for use if Vendor intends to be an active Drop Ship Vendor.

7) Supplier agrees that all customer information provided by Vendor shall remain confidential and the property of Reseller for the terms of this agreement. Under no circumstance shall the Supplier either directly or indirectly market to, attempt to sell to, or otherwise contact Resellers' customers without the express written permission of Reseller for the terms of this agreement. Contacting Vendor's customers for the purpose of fulfilling orders, returning products, or replying to support request is acceptable under this term.

Product Pricing and Payment Schedule:

1) The cost of each unit ordered by the Vendor will be based upon prices given to vendor.

2) Vendor and Supplier agree to refund the purchase price to Vendor's customer if Vendor's customer requests such refund within 7 days of the date of sale, provided that Vendor's customer has a legitimate excuse, subject to Supplier product warranties and return policies.

3) Vendor shall be free, at its own discretion, to refuse to refund the purchased price when there is evidence that the Product has not been cared for properly. 

Other Provisions:

TERM. The term of this Agreement shall be for an initial term of 1 year from the date noted on this web page. After expiration of the initial term, the agreement shall be renewed on a 1 year basis. Either party can terminate the agreement by giving the other party 30 days notice in writing.

APPLICABLE LAWS. This Agreement is governed by the laws of the State of California and the United States of America, including patent, trademark and copyright laws. If you have any questions concerning this Agreement, or wish to contact the Vendor for any reason, please email your rep at: erica@1888orchids.com

This represents the entire Agreement between the Supplier and Vendor. This Agreement may be modified only by means of a written document signed by both parties.