Terms of service

Effective Date: [1st January 2026]

Welcome to TerraCottem USA ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website and the purchase and use of our soil conditioning products within the United States.

IMPORTANT: These Terms include a binding arbitration agreement and class action waiver (Section 16) that affect your legal rights. Please read carefully.

By accessing our website or purchasing our products, you agree to be bound by these Terms. If you do not agree, do not use our website or services.

1. Eligibility

You must be at least 18 years old or the age of majority in your state to use this website or purchase products.

2. Products and Regulatory Compliance

Our products are intended for agricultural, landscaping, and horticultural use. You agree to use products in compliance with all applicable federal, state, and local laws and regulations, including labeling, handling, and environmental requirements.

Certain products may be subject to U.S. regulatory frameworks (e.g., EPA, state agricultural departments). You are responsible for ensuring lawful use in your jurisdiction.

3. Orders, Shipping, Delivery, and Payment

Orders and Payment

An order placed through this website constitutes an offer to purchase products from TerraCottem USA. An order is only accepted once payment has been successfully processed using our approved payment methods (including Shopify Payments).

We reserve the right to accept or reject any order at our discretion, including for suspected fraud, pricing errors, or product unavailability.

Shipping and Delivery (United States Only)

TerraCottem USA fulfills orders for delivery within the United States.

  • Shipping costs will be calculated and presented at checkout or confirmed at the time of order.

  • Orders are shipped using international and domestic carriers, which may include freight providers, courier services, and postal operators.

  • A tracking number will be provided where available.

  • Certain shipments may require a signature upon delivery.

Delivery Timeframes

Delivery times will be confirmed or agreed with you after purchase, based on:

  • The delivery location within the United States

  • The shipping method selected

  • The carrier or freight provider used

Estimated delivery timeframes may vary significantly due to international shipping processes, import clearance in the United States, customs processing, and carrier logistics.

All delivery dates provided are estimates only and are not guaranteed.

If your order has not arrived within a reasonable time after the agreed delivery window, please contact us at info@terracottemusa.com.

Customs, Duties, and Import Responsibility

Because products are shipped from New Zealand into the United States, your order may be subject to import duties, taxes, customs fees, or other government-imposed charges.

Unless explicitly stated otherwise at checkout:

  • You (the customer) are the importer of record for all shipments into the United States.

  • You are responsible for any customs duties, import taxes, brokerage fees, or similar charges imposed by U.S. Customs and Border Protection or other authorities.

  • These charges are not included in the product price or shipping cost unless expressly stated.

  • Customs clearance procedures may delay delivery, and we are not responsible for delays caused by customs or border agencies.

Refusal to pay applicable import charges may result in the shipment being returned, abandoned, or destroyed, and refunds (if any) will be subject to deductions for shipping and handling costs incurred.

Title and Risk of Loss

Title and risk of loss pass to you upon our delivery of the products to the initial shipping carrier, in accordance with applicable U.S. law.

Returns and Warranty Alignment

Returns and refunds are governed by our Return Policy and Section 7 (Limited Warranty and Disclaimers).

  • Products must be unused and in original packaging unless defective or otherwise required by law.

  • If a product is defective or does not conform to its description or limited warranty, your remedies are limited to those described in Section 7 and applicable U.S. consumer protection laws.

  • Refunds are issued to the original payment method after inspection and approval of the return.

No returns will be accepted outside the terms of our Return Policy except where required by law.

4. Sales Tax

We collect and remit sales tax where required by U.S. law. You are responsible for any additional taxes or duties not collected at checkout.

5. Shipping, Title, and Risk of Loss

  • We ship within the United States only.

  • Delivery dates are estimates and not guaranteed.

  • Title and risk of loss pass to you upon our delivery of products to the carrier, unless otherwise required by law.

6. Returns and Refunds

Returns are governed by our Return Policy, which is incorporated by reference. Unless defective or prohibited by law, products must be unused and in original packaging.

Refunds are issued to the original payment method after inspection.

7. Limited Warranty and Disclaimers

7.1 Limited Warranty

To the extent permitted by applicable law, we warrant that our products will conform in all material respects to their published specifications at the time of delivery.

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

We disclaim all implied warranties, including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

Some states do not allow limitations on implied warranties, so these limitations may not apply to you.

7.3 Agricultural Performance Disclaimer

Product performance may vary based on soil, climate, application methods, and other factors beyond our control. We do not guarantee specific crop yields or outcomes.

8. Limitation of Liability

To the fullest extent permitted by U.S. law:

  • We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, crops, or business interruption.

  • Our total liability shall not exceed the amount paid for the product giving rise to the claim.

Some states do not allow certain limitations of liability, so portions of this section may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising out of:

  • Your misuse of products

  • Your violation of laws or regulations

  • Your breach of these Terms

10. Intellectual Property

All website content is owned by or licensed to us and protected under U.S. and international intellectual property laws.

You may not reproduce, distribute, or create derivative works without written permission.

11. Website Use and Prohibited Conduct

You agree not to:

  • Use the site for unlawful purposes

  • Interfere with site security or functionality

  • Attempt unauthorized access to systems or data

12. Privacy and Data Transfers

Your use of our services is governed by our Privacy Policy.

Because our operations are based in New Zealand, your information may be processed outside the United States. By using our services, you consent to such transfers, subject to applicable law.

13. California Consumer Rights

If you are a California resident:

  • You may have rights under the California Consumer Privacy Act (CCPA/CPRA).

  • You may request information about personal data collection and request deletion, subject to legal exceptions.

  • California Civil Code §1542 waiver (if applicable): You waive unknown claims to the extent permitted by law.

14. Export and Sanctions Compliance

You may not purchase or use our products in violation of U.S. export control or sanctions laws.

15. Governing Law

These Terms are governed by the laws of the State of [Insert State, e.g., Delaware or California], without regard to conflict of law principles, except where preempted by U.S. federal law.

16. Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution

You agree to first contact us to attempt to resolve disputes informally.

16.2 Binding Arbitration

Any dispute arising out of these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Arbitration will occur in the United States in a mutually agreed location or remotely.

  • Each party will bear its own costs unless otherwise required by law.

16.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class, collective, or representative actions.

16.4 Exceptions

Either party may bring claims in small claims court where permitted.

17. Electronic Communications

By using our site, you consent to receive electronic communications, which satisfy legal requirements for written communications.

18. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, supply chain disruptions, or government actions.

19. Severability

If any provision is held unenforceable, the remaining provisions remain in effect.

20. Changes to Terms

We may update these Terms at any time. Continued use of the site constitutes acceptance of the updated Terms.

21. Contact Information

TerraCottem USA
Email: sale@terracottemusa.com

By using our website or purchasing our products, you acknowledge that you have read, understood, and agree to these Terms of Service.