Terms of service

1. Acceptance of These Terms

Effective date: October 2, 2026

These Terms of Service ("Terms") govern your use of the Berns Garden Centers website at bernsgardencenter.com, our online store, and our text message and email programs (together, the "Services"). The Services are operated by Berns Garden Centers and Landscaping ("Berns," "we," "us," or "our"), a family-owned business serving the Miami Valley since 1956. Our online store is powered by Shopify.

By using the Services, placing an order, or opting in to receive messages from us, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.

You must be at least 18 years old, or have the consent of a parent or guardian, to use the Services or place an order.

2. Using Our Website

You may use the Services for personal, non-commercial purposes in line with these Terms.

Accounts. If you create an account, you are responsible for keeping your login information secure and for all activity under your account. Please give us accurate information and let us know right away if you suspect unauthorized use. You may not transfer, sell, or share your account with anyone else.

Acceptable use. When using the Services, you agree not to:

  • Break any law or violate anyone's rights
  • Post or send anything false, harmful, offensive, or misleading
  • Pretend to be someone else
  • Interfere with the website's security or operation, upload viruses or malicious code, or try to access areas you aren't authorized to use
  • Use bots, scrapers, or other automated tools to collect content or data
  • Collect or track other people's personal information
  • Resell products or reuse our content commercially without our written permission

AI shopping agents. If you use an AI agent or other automated software to browse or shop on your behalf, it must identify itself as an agent (including its name in its user agent string), answer truthfully if asked whether it is a person or a program, and must not get around CAPTCHAs or other measures we use to manage automated traffic. We may limit or block agent access at any time.

3. Products, Orders & Pricing

Living products. Plants are living things. Size, shape, color, and bloom can vary from photos and descriptions, and availability changes with the season. Product photos are representative only, and colors may look different depending on your screen.

Pricing and availability. Prices and inventory may differ between our website and our Middletown and Beavercreek stores. We may change prices, limit quantities, or discontinue items at any time. The price you pay is the price in effect when you place your order, as shown in your order confirmation. Unless stated otherwise, posted prices do not include taxes or delivery fees.

Promotions. Sales and promotions may have their own terms. If a promotion's terms conflict with these Terms, the promotion's terms apply.

Errors. Occasionally our site may contain errors in descriptions, pricing, promotions, or availability. We may correct errors and update information at any time. If an item is priced incorrectly, we may cancel the order and refund you, even after confirmation.

Orders and payment. An order confirmation means we received your order, not that we accepted it. We may decline or cancel any order. If we cancel or change your order, we'll contact you using the email or phone number you provided. Please review your order carefully before submitting, since we may not be able to cancel it once it's accepted. Payment is due at checkout through our secure payment processor, and applicable Ohio sales tax will be added. By paying, you confirm that you are authorized to use the payment method you provide.

Pickup. Online orders must be picked up within 10 days of the customer's chosen pickup date. Nursery items may be held after purchase for a longer period on a case-by-case basis.

Shipping and delivery. If we ship or deliver your order, delivery times are estimates and not guaranteed. We aren't responsible for delays caused by carriers or events outside our control. Once your order is handed to the carrier, ownership and risk of loss pass to you.

Returns and plant guarantee. Returns, refunds, and plant guarantees are covered by our Return & Guarantee Policy, which is part of these Terms.

Landscaping services. Landscape design and installation projects are governed by the separate written proposal or contract for each project.

4. Text Message (SMS) Program

Program description. The Berns Garden Centers text program sends recurring automated marketing and informational messages, including sales, promotions, events, new arrivals, gardening tips, and order and pickup updates.

How to join. You can opt in by texting JOIN to +1 (844) 415-6712, by checking the SMS consent box at checkout or on a signup form, or by signing up in store. By opting in, you agree to receive recurring automated marketing text messages from Berns Garden Centers at the mobile number you provided. Consent is not a condition of any purchase.

Message frequency. Message frequency varies.

Costs. Message and data rates may apply. Berns does not charge for the program, but your mobile carrier's standard rates apply.

How to opt out. Text STOP to +1 (844) 415-6712 at any time to unsubscribe. You will receive one final message confirming your opt-out, and no further messages will be sent unless you opt in again. You may also reply CANCEL, END, QUIT, or UNSUBSCRIBE.

Help. Text HELP or INFO to +1 (844) 415-6712 for assistance, or contact us at info@bernsgardencenter.com or (513) 423-5306.

Carriers. Carriers are not liable for delayed or undelivered messages. Message delivery depends on your carrier and device.

Your number. You confirm you are the account holder or authorized user of the mobile number you enroll. If you change or give up that number, please text STOP first so messages don't go to the new owner.

Privacy. We do not sell or share your mobile number or SMS opt-in consent with third parties or affiliates for their marketing purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except service providers who help us run the program. See our Privacy Policy for details.

5. Email, Content & Links

Email. If you sign up for our emails, we'll send newsletters, promotions, and gardening content. Every marketing email includes an unsubscribe link. We'll still send transactional emails, such as order confirmations, after you unsubscribe.

Our content. Everything on the Services, including text, photos, videos, graphics, logos, and the Berns name, belongs to Berns or its licensors and is protected by copyright and trademark law. You may share links to our pages. You may not copy, alter, or reuse our content without written permission. Shopify's name and logo are trademarks of Shopify, and other brands shown belong to their owners.

Your content and feedback. If you send us reviews, photos, comments, ideas, or suggestions, or tag us on social media, you give Berns a free, non-exclusive, perpetual, worldwide license to use, edit, and share that content in our marketing and to improve our business, with or without credit. You confirm the content is yours to share, doesn't violate anyone's rights, and discloses any compensation or incentive you received for it. We don't have to keep feedback confidential, pay for it, or respond to it, and we may remove any content we find objectionable.

Gardening advice. Planting tips, care guides, and recommendations are general information only. Results depend on your site, soil, weather, and care. Always read and follow product labels, especially for fertilizers and pest control.

Third-party links and tools. The Services may link to other websites or include tools provided by third parties that we don't control. We aren't responsible for their content, products, or practices, and your use of them is at your own risk and subject to their terms.

6. Privacy & Our Relationship with Shopify

Privacy. Personal information we collect through the Services is covered by our Privacy Policy. Because our online store is hosted by Shopify, Shopify also collects and processes information about your use of the Services to provide and improve them, and some information may be subject to Shopify's Privacy Policy. Information you submit may be shared with Shopify and other service providers, some of whom may be located outside your state or country.

Relationship with Shopify. Berns Garden Centers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Berns Garden Centers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Berns Garden Centers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Berns Garden Centers.

Disclaimer. The Services are provided "as is" and "as available." To the fullest extent allowed by law, Berns disclaims all warranties not expressly stated in these Terms or our Return & Guarantee Policy, including implied warranties of merchantability and fitness for a particular purpose. We don't guarantee the Services will be uninterrupted or error-free. Some states don't allow certain warranty disclaimers, so parts of this may not apply to you.

Limitation of liability. To the fullest extent allowed by law, Berns, Shopify, and their affiliates, employees, and service providers are not liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or any products purchased through them. Our total liability for any claim will not exceed the amount you paid for the product or service involved.

Indemnity. You agree to defend and hold harmless Berns, Shopify, and our affiliates, employees, and service providers from any claims, losses, and costs, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or anyone's rights, or your misuse of the Services.

Termination. We may suspend or end your access to the Services at any time if we believe these Terms have been violated. You remain responsible for any amounts owed. Sections covering our content, your content, disclaimers, limitation of liability, indemnity, governing law, and any other terms that by their nature should continue will still apply after termination.

Governing law. These Terms are governed by the laws of the State of Ohio. Any dispute will be handled in the state or federal courts located in Butler County, Ohio.

Severability. If any part of these Terms is found unenforceable, it will be enforced to the fullest extent allowed, and the rest of these Terms will remain in effect.

General. If we don't enforce a provision right away, we haven't waived it. These Terms, together with the policies referenced here, are the entire agreement between you and Berns about the Services. You may not transfer your rights under these Terms without our written consent; we may transfer ours. Section headings are for convenience only.

Changes. We may update these Terms from time to time. The effective date at the top shows the latest version, and we'll give notice of material changes where required by law. Continuing to use the Services after a change means you accept the updated Terms.

Contact us.

Berns Garden Centers and Landscaping · 825 Greentree Road, Middletown, OH 45044 · (513) 423-5306 · info@bernsgardencenter.com