Mulch & Stuff Sales Terms and Conditions – Ordering, Payments, Deliveries & Customer Responsibilities (Ormond Beach, FL)

Sales Terms & Conditions – Mulch and Stuff by Smart Choice (Ormond Beach, FL)

Welcome to the official Sales Terms & Conditions for Mulch and Stuff by Smart Choice, serving Ormond Beach, Daytona Beach, Holly Hill, Port Orange, and surrounding Volusia County communities. These terms explain important policies regarding product photos, ordering, payments, refunds, warranties, deliveries, site access, liabilities, and customer responsibilities. By placing an order—online, by phone, or in person—you agree to the terms described below. Please review this information carefully before purchasing or scheduling a delivery.

Product Photos

All product photos shown on our website, digital listings, and marketing materials are provided for general reference only. Natural landscape materials such as mulch, rock, sand, soil, and aggregates can vary in color, texture, moisture content, and particle size due to natural sourcing, weather, and production conditions.

Mulch and Stuff by Smart Choice does not guarantee or warrant an exact match between the product pictured and the material delivered or picked up, nor an exact match to any material previously delivered. Natural variations are normal. If an exact shade, texture, or size is critical for your project, we encourage you to visit our Ormond Beach depot and inspect materials in person before placing an order.

Ordering the Correct Product

Please verify that you are ordering the correct product and quantity before completing your purchase. This includes confirming material type (mulch, rock, sand, soil, etc.), color, and the number of cubic yards or bags required.

If you make a mistake or change your mind before your order has shipped or been picked up, we will do our best to assist with corrections or cancellation. Contact us as soon as possible by phone at 386-302-6444, by using the chat button in the lower right corner of our website, or through our email contact form.

Once materials have left our facility—whether by customer pickup or delivery—the order is considered final and cannot be changed, returned, or refunded due to the nature of bulk landscape materials.

All Sales Final

All sales of bulk and bagged materials are final. Due to the nature of our bulk landscape products, Mulch and Stuff by Smart Choice does not offer refunds on any goods or materials once they have been picked up from our Ormond Beach depot or delivered to your site.

A full refund will be issued only if an order is cancelled before delivery or pickup, with the following important exception for sod orders:

  • Sod orders must be cancelled no later than the Wednesday preceding the scheduled Friday pickup or delivery day.
  • Please contact us by Wednesday at 12:00 noon to cancel your sod order. Sod is custom-cut at the farm specifically for your order and cannot be returned or resold.

There is no return or refund on bulk or bagged materials after a delivery has been successfully made.

If a delivery arrives on site and the material cannot be dumped or bags cannot be delivered for any reason (including access issues, site conditions, or customer unavailability), the customer will be credited only the material charge, minus a 20% restocking fee. The separate delivery charge is non-refundable once the truck has traveled to the delivery location.

Special Orders

Special Order products are items not held in regular stock and ordered at the specific request of the customer (including, but not limited to, special materials, custom sod, or non-standard quantities).

Special Order products cannot be cancelled, returned, refunded, or exchanged once either:

  • Mulch and Stuff by Smart Choice has placed the order with the manufacturer, grower, or supplier, or
  • Twenty-four (24) hours have passed from the time the customer places the Sales Order with Mulch and Stuff by Smart Choice, whichever occurs first.

By placing a Special Order, the customer acknowledges and agrees that all Special Orders are final and non-refundable.

Warranty

Mulch and Stuff by Smart Choice warrants to the customer that the goods purchased will conform to any express manufacturer’s warranty communicated or provided by Mulch and Stuff by Smart Choice at the time of sale.

The liability of Mulch and Stuff by Smart Choice—and the customer’s exclusive and sole remedy for breach of warranty—will be limited to either:

  • Replacement of the goods, or
  • At the sole option of Mulch and Stuff by Smart Choice, a refund of the purchase price of the goods.

Mulch and Stuff by Smart Choice cannot guarantee that the color or appearance of any replacement goods will exactly match previously delivered materials or surrounding materials. Replacement labor, installation labor, removal labor, and associated project costs are not included in any warranty.

Mulch and Stuff by Smart Choice will have no liability beyond the purchase price of the material and will not be liable for any special, consequential, incidental, or indirect damages of any kind arising out of or related to the purchased goods.

Mulch and Stuff by Smart Choice does not assume and does not authorize any other person or entity to assume any additional liability or obligation in connection with goods purchased from Mulch and Stuff by Smart Choice.

Payment Terms

All sales are FOB Ormond Beach, Florida. Payment methods may include credit card (as selected during checkout on our online store) or local/business checks with proper identification, subject to prior approval by Mulch and Stuff by Smart Choice.

  • There is a $40.00 fee for all returned checks.
  • Prices in effect at the time of delivery will apply.
  • All prices are subject to applicable sales tax and may change without notice.

Credit Card Convenience Fees

Credit card and online payment processing companies charge fees to businesses like Mulch and Stuff by Smart Choice based on a percentage of the total sales amount plus a per-transaction fee.

At Mulch and Stuff by Smart Choice, we prioritize transparency and fairness in our pricing. We do not charge additional credit card processing or convenience fees on online orders.

Our goal is to keep our products competitively priced while providing exceptional service. By absorbing these processing costs, we aim to build trust and long-term value with our customers and make your shopping experience as seamless and cost-effective as possible.

Florida and Volusia County Sales Tax

A combined Florida and Volusia County sales tax of 6.25% is added to all taxable orders and applies unless Mulch and Stuff by Smart Choice has a current Florida Annual Resale Certificate or valid Florida tax-exempt certificate on file for the customer.

It is the customer’s responsibility to provide a valid and current exemption certificate prior to purchase if tax is not to be charged.

Deliveries

The standard delivery fee for orders within a 10-mile driving distance of the Mulch and Stuff by Smart Choice storage depot in Ormond Beach starts at $70.00. Additional charges may apply for:

  • Deliveries beyond the standard 10-mile radius.
  • Orders for less than 3 cubic yards.
  • Orders exceeding 12 cubic yards of mulch.
  • Orders exceeding 6 cubic yards of aggregate, sand, and/or dirt materials.

For bulk material deliveries (1 cubic yard or more), the following minimums apply:

  • 3 cubic yards minimum to qualify for a $70.00 delivery fee.
  • Delivery fee of $90.00 for 2 cubic yards.
  • Delivery fee of $110.00 for 1 cubic yard.

For deliveries of our 9 cubic foot bags of aggregate, mulch, and/or sand, the minimum delivery is one bag, subject to applicable delivery fees.

For all sod deliveries, there is a 2-pallet minimum and a $150.00 delivery charge, subject to change.

We deliver in most weather conditions, including rain. However, weather may impact material moisture, appearance, and delivery timing, as materials are stored outdoors. We deliver to one location per order. We cannot split a single delivery between multiple addresses; separate delivery charges apply for each address.

To prevent material mixing, we do not transport multiple loose bulk items on the same truck load when there is a risk of products combining. Customers are responsible for informing us of any road bans, site restrictions, or special access conditions and for providing a suitable site for offloading.

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

Property Release Damage Waiver

The customer is responsible for ensuring that the site location for delivery trucks, dump trailers, and related equipment is adequately accessible, structurally capable of supporting the vehicle, and free of hazards.

By requesting delivery onto private property, the customer agrees to defend, indemnify, and hold harmless Mulch and Stuff by Smart Choice from any and all claims, damages, suits, costs, and liabilities (including attorney fees and legal expenses) arising out of or related to the customer’s request to move Mulch and Stuff by Smart Choice trucks or equipment off public roadways and onto private property, driveways, yards, or work areas.

Delivery Vehicle Restrictions

It may not be necessary for you to be present at the time of delivery if you have provided clear written instructions and marked the desired dump or placement area. We will make a good-faith effort to accommodate your request, subject to safety and access limitations.

When choosing your delivery location, please carefully check for overhead wires, low tree limbs, tight turns, soft ground, and other potential hazards.

Delivery vehicles:

  • Will not leave state, county, or municipal streets to cross sidewalks or curbs unless specifically directed by the property owner or authorized agent.
  • Normally deliver to the edge of the traveled portion of the street or roadway.
  • Are subject to the final judgment of the Delivery Driver regarding safe access and placement of material.

If the Delivery Driver moves beyond the curb line or the edge of the traveled portion of the street or roadway at the request or direction of the property owner or agent, Mulch and Stuff by Smart Choice assumes no responsibility for damage to property. The purchaser assumes full responsibility for any damage to driveways, sidewalks, fences, structures, utilities, irrigation systems, strip drains, gutters, landscaping, or other items on the property.

If the delivery vehicle becomes stuck or unable to maneuver off the property due to site conditions, a $650.00 towing fee will be assessed to the responsible party.

Any load that must be re-delivered due to access issues, incorrect instructions, or customer unavailability may be subject to an additional delivery fee.

Delivery Schedule

Due to traffic, weather, prior deliveries, loading times, and other variables, all delivery dates and times provided by Mulch and Stuff by Smart Choice are approximate estimates made in good faith.

Mulch and Stuff by Smart Choice shall not be liable for any failure to perform or any delay in delivery or shipment of products, nor for any damages or costs of any kind suffered by the customer due to such failure or delay, when caused directly or indirectly by, including but not limited to:

  • Acts of God or nature
  • Acts or omissions of the customer
  • War, riots, or civil disturbances
  • Fires, explosions, floods, or severe weather
  • Strikes, labor disputes, or workforce shortages
  • Accidents or mechanical failures
  • Production delays or equipment failure
  • Shortage of raw materials or storage facilities
  • Traffic congestion or road closures
  • Common carrier delays or independent carrier issues
  • Any other causes beyond the reasonable control of Mulch and Stuff by Smart Choice

Excessive Delays Incurred on Delivery

If a delivery is delayed on site for more than 10 minutes due to circumstances beyond the control of Mulch and Stuff by Smart Choice (including, but not limited to, lack of site access, waiting for instructions, or job site not being ready), additional time may be billed to the purchaser at a rate of $120.00 per hour, calculated in reasonable increments.

Delays in Deliveries

Mulch and Stuff by Smart Choice is not responsible for project delays, labor standby time, or any other indirect or consequential costs incurred by the purchaser or contractor resulting from delivery timing, production timing, traffic, or other factors beyond our control.

Customers and contractors are encouraged to schedule material deliveries with sufficient lead time and flexibility to account for normal delivery variables.

Indemnification

The buyer is solely responsible for obtaining any permits, inspections, or approvals required for the installation and/or use of the products purchased. Mulch and Stuff by Smart Choice makes no representation or promise that its products or services will conform to any specific federal, state, or local laws, ordinances, regulations, codes, or standards as applied to the buyer’s project.

Mulch and Stuff by Smart Choice shall not be responsible for any losses or damages sustained by the buyer or any other person due to improper installation, misuse, or misapplication of products.

The buyer agrees to defend, indemnify, and hold harmless Mulch and Stuff by Smart Choice, its agents, and employees from and against any loss, damage, claim, suit, liability, judgment, or expense (including attorney’s fees) arising out of or in connection with:

  • Any injury, disease, or death of persons (including the buyer’s employees or agents)
  • Damage to or loss of any property or the environment
  • Violation of any applicable laws or regulations
  • The sale, transportation, handling, installation, use, or repair of the products by the buyer or third parties
  • Any information, designs, services, or other work supplied to the buyer

This indemnification applies whether caused in whole or in part by the concurrent or contributory negligence of the buyer, Mulch and Stuff by Smart Choice, or any of their agents, employees, or suppliers. The obligations, indemnities, and covenants in this section shall survive completion or termination of any transaction.

Governing Law and Dispute Resolution

The enforceability, construction, interpretation, and validity of these Sales Terms & Conditions and any dispute arising from the sale of goods or services shall be governed by the substantive laws of the State of Florida.

Any dispute, controversy, or claim arising under, in connection with, or relating to these terms, or to the sale of goods or services by Mulch and Stuff by Smart Choice, shall be resolved 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, Florida.
  • The award of the arbitrator shall be final and binding upon all parties.
  • Judgment on the arbitration award may be entered in any court having proper jurisdiction.
  • Each party shall be responsible for its own costs and expenses associated with the arbitration, including attorney’s fees, unless otherwise awarded by the arbitrator.

By purchasing from Mulch and Stuff by Smart Choice, the customer acknowledges that arbitration is the exclusive forum for resolving disputes arising out of these Sales Terms & Conditions or the purchase of goods and services, except as otherwise required by law.