Mulch and Stuff by Smart Choice offers an online platform for purchasing landscaping supplies and construction aggregate materials which are stored at our Materials Storage Depot, located at 760 S. Nova Road, Ormond Beach, FL. All transactions, including scheduling pickup dates and times are handled online. Delivery arrangements if required, are coordinated with us prior to the transaction being completed at an additional fee (click on the menu titled "Delivery Fees, Terms and Conditions" for details).

New Customer Discounts - Call 386 302 6444 for details.

Sales Terms and Conditions

PRODUCT PHOTOS

Product photos are for reference only; Color and size of the actual natural product may vary. We cannot guarantee or warranty an exact match to the product pictured or any previously delivered items.

ORDER CORRECT PRODUCT

Please ensure you are ordering the correct product in the correct quantity before placing your order. If you have made a mistake in your order or have changed your mind (before it has shipped or picked up), that's no problem! We're just a click or phone call (386 302 6444) away or utilize our convenient chat button in the lower right corner to contact us instantly. If you prefer, you can also reach out through our email contact form as soon as possible and we will do what we can to correct/cancel your order.

ALL SALES FINAL

All Sales Final: Please note that due to the nature of our bulk material products, all sales are considered final. Mulch and Stuff by Smart Choice does not offer a refund on any goods and materials that have been picked up at our Ormond Beach Depot Storage location, all sales are final – No Refunds. However, a full refund will be given if an order is cancelled before delivery or pick up, with the exception of sod orders.

Sod orders must be canceled no later than the Wednesday preceding the Friday pickup day. Please contact us before Wednesday at 12:00 noon to cancel your order, as the sod is custom-cut for each order at the sod farm.

There is no return or refund on bulk or bagged materials after the delivery is made. If the delivery arrives and can not be dumped or bags delivered on site for any reason, the customer will only be credited the material charge, minus a 20% restocking fee, but not the separate delivery charge.

SPECIAL ORDERS

Special Order products are products that are not held in regular stock and are ordered at the specific request of the customer. Special Order products cannot be canceled, returned, refunded, or exchanged under any circumstances once Mulch and Stuff by Smart Choice has placed the order with the manufacturer/grower or 24 hours after the customer places the Sales Order with Mulch and Stuff by Smart Choice (whichever is first).

WARRANTY

Mulch and Stuff by Smart Choice warrants to the customer that the goods purchased will conform to any express manufactures warranty given by Mulch and Stuff by Smart Choice to the customer. Mulch and Stuff by Smart Choice liability and the customer's exclusive and sole remedy for breach of warranty will be limited to replacement of goods, or at Mulch and Stuff by Smart Choice option, refund of the purchase price of any goods. Mulch and Stuff by Smart Choice cannot guarantee that the color of any replacement goods which are not replaced. Replacement labor is not included. Mulch and Stuff by Smart Choice will have no liability beyond the purchase price of the material nor will Mulch and Stuff by Smart Choice be liable for any special, consequential, incidental or indirect damages incurred in connection with the purchased goods. Mulch and Stuff by Smart Choice does not assume or authorize any other person or entity to assume any other liability in connection with the goods purchased from Mulch and Stuff by Smart Choice.

PAYMENT TERMS

All sales are FOB Ormond Beach, FL, Credit Card (as selected upon check out from our on line store) or local/business checks with proper ID only after previous approval by Mulch and Stuff by Smart Choice; there is a $40 fee for all return checks. Prices in effect at time of delivery will apply, & are subject to 6.25% sales tax & may change without notice.

CREDIT CARD CONVENIENCE FEES

Credit card and online store processing companies impose fees on businesses like Mulch and Stuff by Smart Choice for accepting their cards. These fees consist of a percentage of the total sales amount charged, along with a fee per transaction. At Mulch and Stuff, we prioritize transparency and fairness in our pricing. Unlike other retailers, we do not charge credit card processing fees.

We understand the importance of keeping our products competitively priced while providing exceptional service to our customers. By eliminating these additional costs, we aim to build trust and value with every transaction. Your satisfaction is our priority, and we strive to make your shopping experience as seamless and cost-effective as possible..

FLORIDA AND VOLUSIA COUNTY SALES TAX

The Florida and Volusia County Sales tax of 6.25% is added to all orders & applies unless Mulch and Stuff by Smart Choice has a current Florida Annual Resale Certificate on file.

DELIVERIES

The delivery fee for 10 mile driving distance of Mulch and Stuff by Smart Choice Storage Depot in Ormond Beach starts at $70. Additional charges apply for deliveries beyond this distance, orders for less than 3 cubic yards, and for orders exceeding 12 cubic yards for mulch, as well as for orders surpassing 6 cubic yards for aggregate, sand, and/or dirt materials. For bulk material deliveries (1 cubic yard or more), a minimum requirement of 3 cubic yards applies to qualify for a delivery fee of $70 ($90 for 2 cubic yards and $110 for 1 cubic yard). Additionally, for deliveries of our 9 cubic feet bags containing aggregate, mulch, and/or sand material, the minimum delivery is one bag. Please note that for all sod deliveries, there is a 2 pallet minimum requirement and a $150 delivery charge at this time.

We deliver even when it rains. However, please note that weather conditions may impact our delivery operations, including the state of materials as they are stored outdoors and timing of delivery. We deliver to one location per order; unfortunately, we cannot accommodate delivery to multiple locations. Each delivery is separate, and delivering to two locations would incur a delivery charge for each address. Additionally, we do not transport multiple items on one truck to prevent product mixing, as our trucks lack separators for this purpose.

Customers are responsible for reporting all road bans and providing suitable offloading site for deliveries.

Special delivery dates and times may be available upon request. Once the customer pre-coordinates the date and time of delivery with Mulch and Stuff by Smart Choice, it is assumed that both the job is ready for materials and there is proper access for our trucks and or vehicles.

PROPERTY RELEASE DAMAGE WAIVER

Customer shall be responsible to ensure that site location for delivery trucks, dump and trailers is adequately and fully accessible by Mulch and Stuff by Smart Choice. Customer shall defend, indemnify and hold harmless from any and all claims, damages, suites, costs and liabilities, including attorney fees and legal expenses, arising out of the customers’ request and use of Mulch and Stuff by Smart Choice equipment and trucks for off road purposes.

DELIVERY VEHICLE RESTRICTIONS

It may not be necessary for you to be present when Mulch and Stuff by Smart Choice deliver your material if you provide us with specific written instructions, clearly mark the area for delivery to be placed and we will accommodate you as best as we can. When deciding where you would like the materials place, please check the area for overhead wires, low tree limbs, etc.

Delivery vehicles are not able to leave the state, county, municipal streets, and will not cross sidewalks or curbs for delivery. Our drivers deliver to the edge of the traveled portion of a street/roadway. Any load that has to be re-delivered will be subject to an additional fee. The Delivery Driver has the final say on where he/she is able to place material being delivered.

If our driver moves BEYOND THE CURB LINE or edge of the traveled portion of the street/roadway under the direction/request of the property owner or agent, WE ASSUME NO RESPONSIBILITY OF DAMAGE TO PROPERTY. The purchaser assumes all responsibility for any injury or damage to driveways, sidewalks, fences, structures, utilities, irrigation, strip drains, gutter, landscaping or other items on the property.

If the delivery driver becomes unable to maneuver the company truck/equipment off the property a $650.00 towing fee will be assessed to the responsible party.

DELIVERY SCHEDULE

Due to the many variables associated with deliveries, all delivery dates and times stated by Mulch and Stuff by Smart Choice are approximate and are estimated in good faith to the best of our ability. Mulch and Stuff by Smart Choice shall not be liable for any failure to perform or for any delay in delivery or shipment of products, or for any damages or costs of any kind or nature suffered by the customer due to such failure or delay, when it is directly or indirectly caused by acts of God, acts of customers, war, riots, fires, explosions, floods, strikes, accidents, weather, traffic, failure in production or production equipment, shortage of raw materials, common carriers available for hire, labor or storage facilities, independent acts of any common carrier, or other cause or causes beyond the reasonable control of Mulch and Stuff by Smart Choice.

EXCESSIVE DELAYS INCURRED ON DELIVERY

Excessive delays incurred on a delivery, exceeding 10 minutes, will be billed to the Purchaser at a rate of $120.00/ hour.

DELAYS IN DELIVERIES

Mulch and Stuff by Smart Choice is not responsible for delays due to delivery times, production times, or any other factors beyond our control, and any other costs associated with said delays to the Purchaser or Contractor.

INDEMNIFICATION

The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products. Mulch and Stuff by Smart Choice makes no promise of representation that the products or services will conform to any federal, state, or local laws, ordinances, regulations, codes, or standards.

Mulch and Stuff by Smart Choice shall not be responsible for any losses or damages sustained by the buyer or any other person because of improper installation or misapplication of products. Buyer shall defend, indemnify and hold harmless Mulch and Stuff by Smart Choice, its agents and employees against any loss, damage, claim, suit, liability, judgement or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease, death of persons (including, without limitation, buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by the buyer or the information, designs, services or other work supplied to the buyer, whether caused by the concurrent and/or contributory negligence of buyer, seller, or any of their agents, employees or supplier. The obligations indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

GOVERNING LAW AND DISPUTE RESOLUTION PROCEDURES

The enforceability, construction, interpretation, and validity of this Agreement and any resolution of any dispute concerning the service shall by governed by the substantive laws of the State of Florida. Any dispute, controversy or claim arising under, in connection with or relating to this Agreement, Sale of Goods or Services shall be subject to and settled finally by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). All arbitration proceedings shall be held in Ormond Beach or Daytona Beach, FL. The award of the arbitrator shall be binding and final upon all parties, and judgement on the award may be entered by any court having proper jurisdiction thereof. In any arbitration arising hereunder, each party to the preceding shall be responsible for its own costs incurred in connection with the arbitration proceedings.