Terms & Conditions
This Online Purchasing Agreement (“Agreement”) between you and Fishers Mulch governs purchasing via the internet by, through or from Fishers Mulch (“Online Purchasing”). Fishers Mulch is referred to in this Agreement as “us”, “we” and/or “our.” All Fishers Mulch customers are referred to herein as “you” or “your.”
WHEN YOU USE THE INTERNET TO MAKE PURCHASES BY THROUGH OR FROM FISHERS MULCH YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.
Fishers Mulch Website(s)
Your use of a Fishers Mulch Internet Website is governed by the Website Terms and Conditions and this Agreement. Please read the Website Terms and Conditions carefully, as you agree to be bound by its terms.
A full refund is only available if cancellation is made prior to the mulch being loaded onto our delivery truck. Notification by telephone is the only acceptable means of notification for cancellation; emails are not an acceptable means of notification. If cancellation is made after the delivery truck is loaded, then the normal delivery fee plus any other costs incurred will be charged at a minimum. All sales are final upon delivery; no refunds after mulch has been delivered.
In order to use Online Purchasing, you will need the type of computer, telephone and related equipment, and software as determined by Fishers Mulch from time to time (your “Equipment”). You are responsible for the installation, maintenance, and operation of your Equipment and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your Equipment or your software correctly. Fishers Mulch is not responsible for any errors or failures from any malfunction of your Equipment or your software. Fishers Mulch is not responsible for any virus-related problems that may be associated with the use of Online Purchasing. Fishers Mulch shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Equipment.
You will be required to use a User ID and Password to access Online Purchasing. (The User ID and Password collectively are referred to as the “Authentication Credentials”). Use of the Authentication Credentials is the agreed security procedure between you and Fishers Mulch. You may change your Authentication Credentials at any time through the methods determined by Fishers Mulch. As an additional security measure, you may be required to answer security questions, which provide a further level of confirmation of your identity when you make a purchase from by and/or through Online Purchasing.
Fishers Mulch is committed to the security of its customers’ accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your accounts and transactions with Online Purchasing. When you give someone your Authentication Credentials, you are authorizing that person to use Online Purchasing and you are responsible for all transactions that person performs while using your Authentication Credentials. In addition, that person will have full access to your accounts, even if you attempt to limit that person’s authority.
Limitation of Liability; No Warranties
FISHERS MULCH ONLINE PURCHASED MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING FROM OR RELATED TO THE MATERIALS PURCHASED, OUR WEBSITE,YOUR EQUIPMENT, OUR EQUIPMENT, BROWSERS AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF ONLINE PURCHASING, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE.
You acknowledge and agree that you are responsible for you, your officers, employees and agents conduct while using Online Purchasing and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with your claim or a third party claim or otherwise, in relation to your use of Online Purchasing by anyone using your Authentication Credentials or your violation of this Agreement or the rights of any third party. Your obligations under this provision shall survive termination of this Agreement.
Alterations and Amendments
This Agreement may be changed or amended from time to time, in our sole discretion, by posting the updated terms on Fishers Mulch’ website(s). Any use of Online Purchasing after you receive a notice of change will constitute your agreement to such change(s). Please access and review this Agreement regularly and discontinue your use of Online Purchasing if you find the Agreement unacceptable to you. From time to time, we may revise or update the Online Purchasing and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of this Agreement and/or related material and limit access to only the more recent revisions and updates.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Any changes in your Fishers Mulch’ Account should also be made in accordance with the procedures outlined within the Fishers Mulch Website(s). All changes to your Fishers Mulch’ Account are effective immediately.
Termination, Cancellation, or Suspension
Either you or Fishers Mulch may terminate this Agreement and Online Purchasing services at any time prior to upon giving written notice of the termination to the other party. You may cancel an online purchase by notifying Fishers Mulch of your intent to cancel through messaging services available within the Fishers Mulch Website(s), or by calling 317-800-0640. Fishers Mulch may terminate your participation in Online Purchasing for any reason. Fishers Mulch will try to notify you in advance, but we are not obligated to do so. If we terminate your use of Online Purchasing, we reserve the right not to fulfill purchase orders or perform scheduled deliveries for any transactions you have previously submitted.
If you attempt to terminate any Online Purchase, you authorize us to continue to process and deliver the purchase order you have previously authorized. Only in the event we have had a reasonable opportunity to act upon your termination notice will such notice be effective. Once we have acted upon your termination notice, we will make no further purchase orders or deliveries.
In the event of a dispute regarding Online Purchasing, you and Fishers Mulch agree to resolve the dispute by the terms of this Agreement. If there is a conflict between what one of our employees or vendors says and the terms of this Agreement, the terms of this Agreement shall control.
In the event of a dispute regarding Online Purchasing and/or the terms of this agreement, such dispute shall be settled by binding arbitration before a single arbiter before and according to the rules of arbitration of the Indianapolis, Indiana area Better Business Bureau. The arbiter’s award shall include the costs and attorney’s fees of the substantially prevailing party as determined by such arbiter.
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer or enough available for you to engage in any other transaction involving the payment or transfer of funds.
You are responsible for all transactions and bill payments you authorize to make using Online Purchasing including any transactions or bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges, or penalties incurred as a result. If you permit other persons to use your Authentication Credentials, you are responsible for any transactions they authorize from your deposit and credit accounts, including any losses, charges, or penalties incurred as a result.
No Signature Required
When using Online Purchasing to pay bills you agree that Fishers Mulch may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature).
Online Purchasing is generally available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update information on business days. Our business days are 8:00 a.m. on Monday through noon on Saturday. Sundays and holidays are not included. Any transaction(s) to be made on a day that is not a business day will be credited, completed, or made on the next business day.
You may not assign this Agreement to any other party. Fishers Mulch may assign its rights and delegate its duties and responsibilities under this Agreement to a company affiliated, directly or indirectly and may also assign or delegate certain of its rights and responsibilities under the Agreement to independent contractors or third parties.
Fishers Mulch shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Fishers Mulch. No delay or omission on the part of Fishers Mulch in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Governing Law; Jurisdiction
Regardless of where you live or work or where you access Online Purchasing, generally this Agreement and all Online Purchasing will be governed by, and construed in accordance with, the laws and regulations of the State of Indiana and the federal laws and regulations of the United States of America.
In the event either party brings action to enforce this Agreement, the substantially prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the County of Hamilton, State of Indiana.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
Terms Specific to Fishers Mulch Online Purchasing
Online Purchasing Service provided by Fishers Mulch and/or its third-party service provider.
8:00 a.m. on Monday through noon on Saturday.
“Preferred Delivery Date”
The day you want to receive your goods and/or services and also the day your account is to be debited, unless the Preferred Delivery Date falls on a non-Business Day in which case it will be considered to be the next Business Day.
The person or entity delivering the goods and/or services ordered through Fishers Mulch.
A date that has been scheduled for delivery.
A designated user of your Fishers Mulch account.
The earliest possible Preferred Delivery Date for each Vendor (typically three (3) or fewer Business Days from the current date) will be designated within the online Service when you are scheduling the delivery. Therefore, the Service will not permit you to select a Scheduled Delivery Date less than the earliest possible Preferred Payment Date designated for each Vendor. When scheduling delivery you must select a Preferred Delivery Date. If the date falls on a non-Business Day, you must select a Preferred Delivery Date that is at least one (1) Business Day after the actual Due Date.
Due to circumstances beyond the control of Fishers Mulch, some transactions may take longer. Fishers Mulch shall not bear responsibility for any late delivery or any delivery that does not otherwise comply with the quantity or type of materials and services ordered by and through Fishers Mulch. In any such event, you will seek redress from the Vendor, person and/or entity making such delivery.
Authorization and Remittance
By providing Fishers Mulch with orders from Vendors to whom you wish to purchase, you authorize Fishers Mulch and such Vendors to follow the Purchase and Delivery Instructions received through the payment system.
When Fishers Mulch receives an Order, you authorize Fishers Mulch to debit your Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Preferred Delivery Date designated by you.
Fishers Mulch will use commercially reasonable efforts to make all your payments properly. However, Fishers Mulch shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- Payment processing center is not working properly;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the billing and/or delivery;
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, equipment and/or internet malfunctions or interference from another outside force) prevent the proper execution of the transaction.
Fishers Mulch reserves the right to select the method in which you remit funds. These payment methods may include, but may not be limited to, an electronic credit card payment, an electronic check payment, or a laser draft payment (funds remitted to Fishers Mulch are deducted from your Account when the laser draft is presented to your bank for payment).
Delivery Cancellation Requests
You may cancel or edit any Scheduled Delivery following the directions within Fishers Mulch website(s). There is a charge for canceling or editing a Scheduled Delivery. Once the delivery process for the purchase order has begun it cannot be cancelled or edited except as otherwise provided in this Agreement.
Deliveries may be scheduled through the Fishers Mulch Website(s), however, such deliveries are scheduled at your risk. In no event shall Fishers Mulch be liable for any claims or damages resulting from you ordering of these deliveries. Fishers Mulch has no obligation to research or resolve any claim resulting from delivery or payment. All research and resolution for any misapplied, miss-posted or misdirected delivery or payment will be your sole responsibility.
It is your sole responsibility to contact the Vendor directly if you do not receive your delivery as ordered or scheduled. You also agree to the following:
- Information provided to Fishers Mulch. Fishers Mulch is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses. Any changes will need to be made through the Fishers Mulch Website(s). Additionally, it is your responsibility to maintain all usernames and passwords for all electronic sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s information. Fishers Mulch may, at the request of the Vendor, provide to the Vendor your email address, services address, or other data specifically requested by the Vendor at the time of activating the electronic purchase for that Vendor for purposes of the Vendor informing you about delivery and/or payment information.
- Upon activation of the electronic billing feature, Fishers Mulch may notify the Vendor of your request to receive materials and/or services. The presentment of your first Purchase Order may vary from Vendor to Vendor. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Vendor.
- Authorization – Your activation of the electronic ordering and scheduling feature for a Vendor shall be deemed by us to be your authorization for us to place an order from the Vendor on your behalf. By providing us with such information, you authorize us to use the information to obtain your order and scheduling.
- Notification – Fishers Mulch will use its best efforts to place your order promptly. In addition to notification within the ordering process Fishers Mulch may send an email notification to the email address listed for your account. It is your sole responsibility to ensure this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on and check on the delivery of your order. The time for notification may vary from Vendor to Vendor. You are responsible for ensuring timely payment of all bills.
- Non-Delivery of Services – You agree to hold Fishers Mulch harmless should the Vendor fail to deliver your materials and/or services. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Vendor Directly.
- Accuracy and dispute of electronic bill – Fishers Mulch is not responsible for the accuracy of your bill(s). We are only responsible for presenting the information we receive from you to the Vendor. Any discrepancies or disputes regarding the accuracy of your purchase or delivery must be addressed with the Vendor directly.
Password and Security
Customers are provided a user ID and password to access the Service. If you need a user ID and password for an additional user of the Service, you will designate privilege access for such user within the Fishers Mulch website(s) by providing that user with a unique user ID and password.
Your enrollment may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment, you agree that Fishers Mulch reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agreed that we reserve the right to obtain financial information regarding your account from a Vendor or your financial institution (for example, to resolve payment posting problems or for verification).
Disclosure of Account Information to Third Parties
We may disclose information to third parties about you or your account or your transactions in the following instances:
- Where it is necessary for completing transactions through electronic banking or to investigate or resolve a problem related to a transfer or payment;
- Where it is necessary for activating the purchase of materials or services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Vendor;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders or in connection with fraud prevention or an investigation;
- On a closed account, if we reasonably believe you have mishandled it; or,
- If you give us your written permission.
- Failed or Returned Transactions
In using the Fishers Mulch Services, you are requesting Fishers Mulch to make payments for you from your Account. If we are unable to complete the transaction for any reason associated with your Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice form Fishers Mulch. In each such case, you agree that:
- You will reimburse Fishers Mulch immediately upon demand the transaction amount that has been returned;
- For any amount not reimbursed to Fishers Mulch within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is higher, for any unpaid amounts may be imposed;
- You may be assessed a fee by Fishers Mulch if the transaction is returned because you have insufficient funds in your Account to cover the requested payment. In addition, you may be assessed a fee by your financial institution as a result of the return that is separate from and in addition to any fee assessed by us;
- You will reimburse us for any fees or costs we incur in attempting to collect the amount of the return from you including reasonable attorney’s fees and collection fees and, We are authorized to report the facts concerning the return to any credit reporting agency.
In Case of Errors or Questions about Your Electronic Purchase
Telephone us at 317-800-0640 or contact us through our Website(s) as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a purchase listed on the statement or receipt. Fishers Mulch may not immediately receive an email that you send. We will not take actions based on your email requests until we actually receive your message and have a reasonable opportunity to act.
- Tell us your name and account number (if any).
- Describe the error you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question at our sole discretion.
- We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Protecting Your Authentication Credentials
You agree that we may send notices and other communications, including Authentication Credentials confirmation to the current address shown in our records, whether or not that address includes a designation of delivery to the attention of any particular individual. You further agree Fishers Mulch will not be responsible or liable in any way if information is intercepted by an unauthorized person. Fishers Mulch will have no liability to you for any unauthorized payment or transfer made using your Authentication Credentials that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
Acknowledgement of Commercially Reasonable Security Procedures
By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use, as described above, and we have had a reasonable opportunity to act on such notice.