The Evergreen Shipping Protection Plan (“Shipping Protection”) is an optional, but highly recommended service offered by EverGreen Distributors Limited Liability Company (“EverGreen,” “Company,” “we,” or “us”) for eligible orders on BuyEverGreen.com (the “Website”). 

When Shipping Protection is selected at checkout, customers may receive coverage for lost, or damaged shipments. 

Please read the Terms carefully before purchasing Shipping Protection. By purchasing Shipping Protection or by clicking to accept or agree to these terms when this option is made available to you, you accept and agree to be bound and abide by these terms, the Terms of Use, and any documents they expressly incorporate by reference, including but not limited to our Terms of Sale and Refund Policy and our Shipping Policy (collectively, the “Terms”). Eligible Orders may be entitled to rights above and beyond the rights in the Terms incorporated by reference. In such cases, to the extent such terms are coextensive with and inconsistent with this policy, this policy shall control. 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and all Eligible Orders will be subject to the terms in effect at the time Shipping Protection is purchased. However, any changes to the dispute resolution provisions set out in our Terms of Use, as incorporated here by reference, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

The price charged for Shipping Protection will be the price advertised on this Website at the time the order is placed, subject to the Terms of Use and the Terms of Sale and Refund Policy along with any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion, subject to our Terms of Sale and Refund Policy

Customers must opt-in and pay the additional Shipping Protection fee to enroll items and/or shipments in the program (“Eligible Orders”). Shipping protection does not apply until items are delivered to the carrier. Packages marked as “pre-shipment,” “label created,” “shipment information received,” or similar statuses are considered unshipped and are not eligible for Shipping Protection. Shipping Protection only applies to shipments between Evergreen and intended recipient. Items resold or redistributed to other parties are not covered.

1.In General

Shipping Protection covers the replacement of, or invoiced price charged for, all affected items in an Eligible Order in case of loss or damage during an eligible and covered shipment, less applicable taxes, shipping and handling fees, Shipping Protection fees, and other similar fees and charges, or $500, whichever is less.

For Eligible Orders shipped in multiple packages, each package is treated as a separate shipment and must independently satisfy the coverage criteria herein. Carriers may deliver packages from the same shipment at different times. The delivery, delay, or loss of one package and/or item shall not affect the status of any other package and/or item. 

All shipments are carefully inspected before leaving our warehouse. Unless there is verifiable evidence of package tampering, Claims for individual missing items are not covered under this Policy, but may be covered under our Shipping Policy (LINK TO SHIPPING POLICY)

2.Lost Packages

A package may be considered lost only if: 

1. The carrier has not marked the package as “delivered”; 
2. Forty-eight (48) hours have elapsed since the last estimated delivery date and time provided by the carrier;
3. Seven (7) calendar days have elapsed since the last tracking status update; and
4. No Exclusion applies. 

3.Damaged Packages

A package may be considered damaged only if:

1. The carrier has marked the package as “delivered”; 
2. The customer provides verified evidence of damage to the package and one or more products, including photographs, and/or video; and
3. No Exclusion applies. 

Coverage is limited to physical damage to the individual products contained in the package. Damage to external packaging alone does not constitute covered damage. Damage to one product shall not affect coverage for other products in a package or shipment. 

All of our products are tested for quality, and all shipments are carefully inspected before leaving our warehouse. Unless there is verifiable evidence of damage during transit or package tampering, Claims for defective products are not covered under this Policy, but may be covered under our Shipping Policy or other Terms. 

EverGreen is only liable for delivery failures or delays the extent expressly set forth in these Terms. EverGreen shall not have any liability whatsoever under these Terms, except as specifically provided for herein. We are not liable for any special, incidental, or consequential damages including, but not limited to, loss of income, loss of sales or any other damages, whether foreseeable or not, arising from any delivery failure or delay. Without limiting the foregoing, Shipping Protection does not apply to: 

1.Claims made outside of the applicable Claims Window (as defined in “Claims”)

2.Delivery failures, and damage to deliveries resulting from, without limitation:

• An invalid, incomplete, or undeliverable address provided by the customer;
• Access restrictions, other delivery barriers, or other conditions encountered by the carrier;
• Packages refused by the recipient or any third party at the delivery location;
• Packages held or delayed in customs;
• Packages seized by domestic or foreign law enforcement; or
• Packages seized, withheld, or retained by family members, roommates, or other third parties at the delivery location.

3.Delivery delays, regardless of duration; or

4.Any other Claims other than those specifically provided for under “Coverage” above.

Additionally, we reserve the right to deny any claims deemed fraudulent in our sole and absolute discretion. Any such fraudulent claims may result in criminal prosecution.

1.Initiating a Claim. 

To initiate a claim, please email our Customer Service Department at support@buyevergreen.com. Claims submitted through other channels may not be reviewed. Submission of a claim does not guarantee approval.

All claims must include accurate and complete information including the applicable order number, order confirmation, and a detailed description of, and appropriate evidence of, the alleged issue. 

2.Claim Review. 

All claims are reviewed for eligibility, accuracy, completeness, and compliance with the Terms. Claim review timelines vary depending on the nature of the claim and the information provided. 

During the claim review process we reserve the right to request any additional information or evidence in our sole discretion prior to making any determination, including evidence regarding the alleged issue with an order and the identity of the claimant. We reserve the right to summarily deny any claim without further review where such information is not provided in a timely manner or where the information provided is deemed insufficient in our sole and absolute discretion. 

3.Claim Approval; Remedies

If a claim is approved, Evergreen will determine the appropriate claim resolution from among the following options in our sole and absolute discretion:

1. Replacement of the affected items with the same or similar item, subject to product availability;
2. Issuance of a refund for the invoiced price of all affected items, less applicable taxes, shipping and handling fees, Shipping Protection fees, and other similar fees and charges, or $500, whichever is less.

This is the sole remedy under the Evergreen Shipping Protection Plan. 

Shipping Protection does not cover any special, incidental, or consequential damages including, but not limited to, loss of income, loss of sales or any other damages, whether foreseeable or not, arising from any delivery failure or delay. Acceptance of a claims resolution constitutes your full and final settlement. You waive all rights to seek further compensation from Evergreen related to the applicable event.

4.Denied Claims.

All claim determinations are final and are in our sole and absolute discretion. Customers have no right to appeal or dispute any claim determination under this policy. 

5.Deadline to Submit Claims 

Claims must be submitted after the applicable period specified in “Coverage” and within ten (10) days of the last tracking update for lost shipments, or within twenty-four (24) hours of delivery or alleged delivery in the case of claims for other shipments (“Claims Window”). Claims submitted outside the applicable Claims Window may be denied without review at our sole discretion.

ALL SALES ARE FINAL. WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES PURCHASED ON THIS WEBSITE. Once accepted, orders may not be cancelled, returned, or modified, unless EverGreen, in its sole discretion, agrees to do so. Any such exception does not create a continuing obligation to offer cancellations or refunds in the future.

If you have a concern about your purchase, please contact us using the contact information below. You agree to allow us a reasonable opportunity to address the issue before initiating a chargeback or payment dispute. We reserve the right to contest any chargeback or payment dispute that is inconsistent with this policy. Nothing in this policy is intended to limit any rights you may have under your cardholder agreement or under applicable law.

All disputes under this policy, including but not limited to disputes concerning a denied claim, will be resolved by binding arbitration, subject to these Terms the dispute resolution provisions set out in Governing Law and Jurisdiction, and Waiver of Jury Trials and Binding Arbitration, as well as the Disclaimer of Warranties, Limitation of Liability, Indemnification, Limitation on Time to File Claims, and all other applicable provisions in our Terms of Use.

YOU AND EVERGREEN ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, AS A MEMBER OF A CLASS OR ANY OTHER REPRESENTATIVE ACTION, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY DISBARRED.

To initiate a claim, please email our Customer Service Department at support@buyevergreen.com. Claims submitted through other channels may not be reviewed. Submission of a claim does not guarantee approval.