Inquiry terms, nursery pickup standards, and live stock policies.

1. Effective Date

This agreement is effective as of 2026-10-17. It applies to every person or entity visiting cynthiabertrand.com, communicating via our nursery desk chat, or submitting nursery stock inquiries for pickup at our Auburn facility.

We review these operational terms at the start of each New England growing season to reflect current Massachusetts Department of Agricultural Resources guidelines and nursery stock standards.

2. Who We Are

These terms form a binding agreement between you and Cynthiabertrand, trading online at cynthiabertrand.com and physically operating The Farmer’s Daughter garden nursery.

Founder Cynthia G. Bertrand has directed operations since 1996, holding active grower membership in the Mass Flower Growers’ Association in Auburn, Massachusetts.

3. Scope of Service

Cynthia Bertrand provides an online catalog showcasing retail flowering annuals, garden perennials, deciduous and evergreen landscape shrubs, ornamental and shade trees, and seasonal agricultural farmstand produce.

What we provide:

• Current information on plant species, container volumes, and cold-hardiness suitable for Worcester County (USDA Zones 5b and 6a).
• An interactive unit price estimator to assist landscape planners in calculating rough material allocations.
• Direct communication channels to request nursery bed reserves, schedule load-out inspections, or verify daily greenhouse availability.

What we do not provide:

• We do not offer remote postal shipping, freight courier delivery, or mail-order plant distribution. All nursery stock must be inspected and accepted in person at our Millbury Street counter.
• We do not provide unattended automated sales, digital checkout carts, or subscription plant deliveries.

4. Inquiry-Only Catalog & Order Formation

This website is strictly an inquiry platform. Nothing is sold, purchased, or paid for on cynthiabertrand.com. We process no electronic financial transactions, store no credit card numbers, and maintain no user commerce accounts.

Any monetary figure displayed on this site—including those generated by our interactive unit price tool—represents an informational estimate based on historical nursery ranges. No figure constitutes a formal, binding contract or a guaranteed quote.

How an inquiry becomes an order:

1. Inquiry Submission: You submit a plant inquiry through our website form, nursery desk chat, or telephone at (508) 832-2995.
2. Inventory Verification: Cynthia Bertrand or our nursery team inspects current bed stock on Millbury Street and confirms cultivar health, mature caliper, and unit pricing.
3. Physical Yard Inspection: You visit 148 Millbury Street during seasonal hours (9:00 AM – 5:00 PM) to inspect the root balls, branching structure, and condition of your selected specimens.
4. Sale Completion: A binding purchase occurs exclusively at our farm register upon your physical satisfaction, payment, and vehicle loading.

5. Plant Pricing Basis and Variable Parameters

All prices quoted by Cynthia Bertrand are denominated in United States Dollars (USD) and structured on a per-plant basis according to operator-verified ranges:

• Bedding & Garden Plants (seedlings, annuals, perennials, pansies): 5.00 to 80.00 USD per plant, depending on flat count, root depth, or decorative container volume.
• Hardy Flowering & Foundation Shrubs: 18.00 to 76.00 USD per plant, determined by gallon pot size (1-gallon to 7-gallon), branching caliper, and cultivar rarity.
• Ornamental & Deciduous Shade Trees: 36.00 to 80.00 USD per plant, based on trunk caliper, root flare maturity, and containerized or balled-and-burlapped condition.

What alters a final price quote:

Plant pricing is never fixed arbitrarily. Quotes depend strictly on four factors: the specific cultivar selected, the root volume and caliper of the specimen, the planting season (early spring propagation versus late autumn hardening), and current live inventory at our Millbury Street nursery yard. Quotes provided via phone or email remain valid for 48 hours, subject to prior retail sale.

6. Live Plant Guarantee & Nursery Warranty Policy

Cynthia Bertrand guarantees that all nursery stock leaving 148 Millbury Street is true to botanical name, healthy, pest-free, and properly conditioned for central Massachusetts climate zones.

Conditions of the Live Plant Guarantee:

• Immediate Notification: If a hardy shrub or container tree fails to break dormancy or shows unexpected decline within 30 days of purchase, notify us immediately at (508) 832-2995 or via email with clear photographs of the planting site, soil line, and root flare exposure.
• Proper Horticultural Care Required: Survival depends on planting depth with the root flare positioned slightly above natural soil grade, plus deep watering during dry Worcester County spells.
• Exclusions: This guarantee does not cover loss resulting from physical mechanical injury, herbicide or chemical damage, extreme weather anomalies (unseasonable hard freezes after planting, severe hail, drought neglect), soil flooding, pest infestations occurring after handover, or damage inflicted by deer and local wildlife.
• Remedy: Upon verification of an eligible plant failure, Cynthia Bertrand will issue a replacement specimen of equal value or an in-store nursery credit. No cash or card refunds are issued on living horticultural stock.

7. Acceptable Use of Digital Resources

You agree to use cynthiabertrand.com strictly for lawful purposes connected with evaluating and purchasing plant stock. When utilizing our website, you expressly agree not to:

• Submit fraudulent, automated, or misleading inquiries through our forms or nursery chat widget.
• Deploy automated scrapers, web crawlers, or harvesting tools to extract catalog data, pricing matrices, or imagery without express written permission.
• Attempt to bypass security headers, inject malicious code into form fields (tugua90.php or tuma312.php), or probe our hosting servers.
• Circumvent or tamper with our Google Consent Mode v2 configurations or client storage tags.

8. Intellectual Property and Creative Ownership

All content appearing on this website—including textual copy, horticultural specifications, the signature annotated root-flare diagram plate, nursery logos, graphics, and original photographic assets—is the proprietary property of Cynthia Bertrand and protected by United States and international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to view and download materials for personal horticultural planning. You may not reproduce, syndicate, modify, distribute, or publicly display any photographic assets or drafted technical diagrams without prior written authorization from Cynthia Bertrand.

9. Disclaimers of Digital Warranties

While we take meticulous care to keep our online plant catalog accurate and reflective of seasonal nursery stock, all digital materials, estimator outputs, and availability notes on cynthiabertrand.com are provided strictly on an “as is” and “as available” basis.

Cynthia Bertrand disclaims all warranties of any kind, whether express, statutory, or implied, including but not limited to implied warranties of merchantability, fitness for a particular horticultural purpose, and non-infringement. We do not warrant that our digital services will operate uninterrupted, error-free, or completely free of server transmission delays.

10. Limitation of Liability

To the maximum extent permitted under applicable law, Cynthia Bertrand, her partners, employees, and agricultural agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your access to or inability to use this website.

Regarding physical nursery stock, our total aggregate liability for any claim—whether sounding in contract, tort, negligence, strict liability, or breach of warranty—shall not exceed the actual purchase price paid by you to Cynthia Bertrand for the specific plant or agricultural product giving rise to the claim.

11. Refusal and Termination of Service

Cynthia Bertrand reserves the absolute right to suspend, terminate, or restrict your access to cynthiabertrand.com, our live chat desk, or our physical nursery yard at 148 Millbury Street at our sole discretion, without prior notice, if:

• You breach any provision of these Terms of Sale & Nursery Policy.
• You submit abusive, harassing, or spam communications to our farm team.
• Your actions jeopardize the safety, health, or biosecurity of our Auburn nursery stock or personnel.

12. Governing Law and Dispute Jurisdiction

These terms, along with any dispute, controversy, or claim arising out of your interaction with Cynthia Bertrand, The Farmer’s Daughter, or this website, are governed by the law of MA, United States, with disputes heard in the courts of AUBURN.

You agree that any legal action or proceeding arising under these terms shall be instituted exclusively in the courts of AUBURN, MA. You hereby consent to the personal jurisdiction and venue of said courts and waive any defense of inconvenient forum.

13. Modifications to Nursery Terms

We may update these terms periodically to accommodate changes in horticultural availability, pricing structures, Massachusetts agricultural statutes, or digital consumer privacy standards.

Any revision is announced by publishing the updated document directly to this URL with a revised effective date in the header rail. Your continued use of cynthiabertrand.com following the posting of modifications indicates your binding acceptance of the amended terms.

14. Official Contact Information

For questions concerning these terms of sale, plant reservations, or nursery yard policies, contact Cynthia Bertrand directly: