Terms of service

These Terms and Conditions govern purchases made through ernestoliving.com. By placing an order, you agree to these Terms. Please read them carefully before completing your purchase.

1. About Ernesto Living

Ernesto Living
3641 Clayton Rd
Concord, CA 94521
United States
Email: contact@ernestoliving.com
Phone: +1 914 639 3499

2. Eligibility and scope

These Terms apply to orders placed through our online store. By placing an order, you confirm that you are legally capable of entering into a binding contract in your jurisdiction.

If you purchase on behalf of a business or organization, you confirm that you have authority to bind that business or organization to these Terms.

3. Product information

We make reasonable efforts to present product descriptions, photographs, dimensions, specifications, colors, and prices accurately. However, colors and appearance may vary depending on your screen, lighting, and the natural characteristics of the product.

Living plants are unique products. Natural variations in size, shape, color, foliage, variegation, and growth may occur. These natural differences are not necessarily defects.

Product information may be corrected or updated when an error is identified. If a material error affects an order you have already placed, we will contact you before processing the order whenever reasonably possible.

4. Availability

All products are subject to availability. Adding an item to your cart does not reserve it.

If an item becomes unavailable after you place an order, we will contact you and offer an appropriate alternative, where available, or cancel the affected item and issue a full refund to the original payment method.

5. Placing an order

Before submitting an order, you will have an opportunity to review the products, quantities, delivery details, and total price.

By selecting the final purchase button, you submit an offer to purchase the items in your cart. An automated order-confirmation email acknowledges that we received your order but does not necessarily mean that the order has been accepted.

We accept your order when we send confirmation that it has been processed or shipped. We may decline or cancel an order before acceptance when:

the product is unavailable;
payment cannot be authorized or verified;
the billing or delivery information appears incomplete or inaccurate;
we identify a pricing, description, or inventory error;
the order is flagged as potentially fraudulent or unauthorized;
we cannot legally or reasonably deliver the product to the specified destination.

If we cancel an order after payment has been collected, we will refund the affected amount to the original payment method.

6. Prices, taxes, and charges

Product prices are displayed in the currency shown on the website. The complete amount payable, including applicable shipping charges and taxes collected by us, will be displayed during checkout before you submit the order.

Depending on the delivery destination, an order may be subject to import duties, customs charges, or taxes that are not collected during checkout. Where such charges apply, the customer is responsible for paying them unless the checkout or product page expressly states otherwise.

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

7. Payment

Available payment methods are displayed during checkout. You confirm that you are authorized to use the payment method provided for your order.

Payment may be authorized or collected when the order is placed. Payment transactions are processed by our payment providers and may be subject to additional security or verification checks.

If payment is declined, reversed, or cannot be verified, we may suspend processing or cancel the order.

8. Order cancellations

If you need to cancel or change an order, email contact@ernestoliving.com as soon as possible.

We will attempt to accommodate the request if the order has not entered processing or shipped. We cannot guarantee that an order can be changed or cancelled after it has been submitted.

If the order has already shipped, you may request a return after delivery in accordance with our Returns and Refunds Policy.

9. Shipping and delivery

Orders are typically prepared for shipment within 1–2 business days after payment is confirmed. Once shipped, delivery typically takes 2–4 business days.

These timeframes are estimates rather than guaranteed delivery dates unless we expressly agree otherwise. Weekends, public holidays, severe weather, customs processing, carrier disruption, incorrect address information, and other circumstances outside our reasonable control may cause delays.

Available destinations, shipping charges, and delivery options are displayed during checkout. Additional information is available in our Shipping Policy.

10. Delivery information

You are responsible for providing a complete and accurate delivery address. Contact us immediately if you identify an error.

We are not responsible for delays or failed delivery caused by incorrect or incomplete information supplied by the customer. If an order is returned to us because of an address error, refusal, or failed delivery attempt, we will contact you to discuss redelivery or a refund, subject to any reasonable costs permitted by applicable law.

11. Risk and ownership

For consumer orders, responsibility for loss or damage generally passes to you when the order is delivered to you or to a person you have designated to receive it, except where applicable law provides otherwise.

Ownership of the goods passes to you after we receive payment in full and the goods are delivered, subject to applicable law.

12. Inspection after delivery

Please inspect your order promptly after delivery. If an item is missing, damaged, defective, unhealthy, or different from what you ordered, contact us as soon as possible at contact@ernestoliving.com.

For concerns involving living plants, contact us within the timeframe stated in our Returns and Refunds Policy and provide clear photographs of the plant, packaging, and shipping label.

13. Returns, exchanges, and refunds

Eligible products may be returned within 30 days after delivery, subject to the conditions and exclusions described in our Returns and Refunds Policy.

Certain products, including living plants, perishable goods, personalized products, opened hygiene goods, and gift cards, may not qualify for a change-of-mind return. This does not limit your rights when an item is damaged, defective, incorrect, or otherwise not as legally required.

14. Product warranties

Products are covered by any mandatory warranty or consumer guarantee that applies in the customer’s jurisdiction. Nothing in these Terms excludes or limits rights that cannot legally be excluded or limited.

Additional manufacturer warranties, when available, may be subject to the manufacturer’s separate terms and conditions.

15. Acceptable use

You must not use our website:

for unlawful, fraudulent, or abusive activity;
to introduce malicious code or interfere with website security;
to obtain unauthorized access to accounts, systems, or customer information;
to submit false payment, identity, billing, or delivery information;
to copy, scrape, reproduce, or commercially exploit website content without authorization.

We may restrict access, reject orders, or take other reasonable action if we identify prohibited or harmful activity.

16. Intellectual property

The website and its content—including text, graphics, logos, photographs, page designs, and other materials—are owned by Ernesto Living or used with permission and are protected by applicable intellectual-property laws.

You may use the website for personal shopping purposes. No content may be copied, modified, distributed, republished, or commercially exploited without prior written permission, except where permitted by law.

17. Third-party services and links

Our store may use or link to services operated by third parties, including payment providers, delivery carriers, and social-media platforms. Their services may be subject to separate terms and privacy policies.

We are not responsible for the content or practices of third-party websites that we do not control.

18. Limitation of liability

To the fullest extent permitted by law, Ernesto Living is not responsible for indirect, incidental, special, or consequential losses that were not reasonably foreseeable when the contract was formed.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation, or any mandatory consumer rights.

19. Events outside our control

We are not responsible for a delay or failure caused by events outside our reasonable control, such as natural disasters, severe weather, transportation disruption, customs delays, labor disputes, government action, public-health emergencies, or failures of communications and carrier networks.

If such an event materially affects your order, we will take reasonable steps to keep you informed and provide any remedy required by applicable law.

20. Complaints and dispute resolution

If you have a complaint, contact us first at contact@ernestoliving.com. Please include your order number and a clear description of the issue so we can attempt to resolve it promptly.

If we cannot resolve a dispute directly, either party may pursue the remedies available under applicable law. Nothing in these Terms prevents a consumer from contacting an appropriate consumer-protection authority or using another legally available dispute-resolution process.

21. Governing law

These Terms are governed by the laws applicable in the State of California and the United States, without regard to conflict-of-law rules.

If you are a consumer outside the United States, this choice of law does not deprive you of mandatory protections or rights provided by the laws of your usual country of residence.

22. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply. The affected provision will be enforced to the fullest extent permitted by law.

23. Changes to these Terms

We may update these Terms to reflect changes to our services, operations, or legal obligations. The version published when you place an order will generally apply to that order.

24. Contact information