Legal

Terms of Service & Terms of Sale

Last updated: July 2, 2026

Company: Perfect Rubber Mulch LLC

1. Acceptance of these terms

These Terms of Service and Terms of Sale (the “Terms”) govern your access to and use of the website at perfectrubbermulch.com (the “Site”) and any purchase of products from Perfect Rubber Mulch LLC (“Perfect Rubber Mulch,” “we,” “us,” or “our”). By browsing the Site, placing an order, or completing a purchase, you agree to these Terms. If you do not agree, please do not use the Site or place an order.

These Terms incorporate by reference our Shipping Policy, Returns Policy, and Privacy Policy. Together these documents form the complete agreement between you and us regarding your use of the Site and your purchases.

2. Eligibility

To place an order, you must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a legally binding contract. By ordering, you represent that you meet these requirements and that the information you provide is accurate and complete. If you are ordering on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms.

3. Products, descriptions & colors

We sell recycled rubber mulch for landscaping and playground surfacing, available in several colors and sold by the pallet or super sack. We work to describe our products accurately, but we do not warrant that product descriptions, specifications, coverage figures, or other content on the Site are complete, current, or error-free.

Color may vary on screen. Photographs and color swatches are provided to help you choose, but the actual color of the product you receive may differ from what appears on your screen because of monitor settings, lighting, and natural batch-to-batch variation. Colored mulch is backed by our 12-Year Color Guarantee, which applies according to its own written terms. The color guarantee does not promise that color will never fade; it provides the specific remedy described in the guarantee terms.

4. Pricing & availability

All prices are stated in U.S. dollars (USD) and apply to delivery within the 48 contiguous United States. We do not currently ship to Alaska, Hawaii, U.S. territories, or international destinations. Prices, product offerings, and availability are subject to change at any time without notice.

Posted prices reflect delivered pricing for standard orders. Larger orders are priced by quote: for orders of ten (10) or more pallets, please request a quote so we can confirm freight and current pricing for your delivery address. We reserve the right to correct pricing errors, including after an order has been submitted; if a price is corrected after you order, we will notify you and give you the option to confirm at the corrected price or cancel.

5. Orders & order acceptance

Your submission of an order is an offer to purchase. All orders are subject to acceptance by us, and a confirmation of receipt does not by itself constitute acceptance. We may, in our discretion, decline, limit, or cancel any order — including after a confirmation has been sent — for reasons that include suspected fraud, errors in pricing or product information, problems with payment authorization, quantity limits, or delivery to an address we cannot reasonably serve. We may also limit the quantity available for purchase — including on a per-person, per-household, or per-order basis — or require a quote for large-volume orders.

By placing an order, you authorize us (and our payment processor) to verify and charge your payment method for the order total, including product, applicable freight, and taxes. If we cancel an order after your payment method has been charged, we will issue a refund of the charged amount in accordance with our Returns Policy.

6. Payment & taxes

Payments are processed by a PCI-DSS–compliant third-party payment processor. We do not store full payment-card numbers on our own systems. Your use of the payment processor is also subject to that processor's terms and privacy policy. You represent that you are authorized to use the payment method you provide.

You are responsible for any applicable sales, use, or similar taxes, which will be calculated and added at checkout based on your delivery location and applicable law. If tax is not collected at checkout, you may be responsible for remitting any use tax owed in your jurisdiction.

7. Shipping & delivery

Orders ship by freight. Smaller orders (up to 9 pallets) are delivered curbside — no forklift needed; larger orders ship by box truck or flatbed trailer, for which you are responsible for unloading and must have a forklift and pallet jack on site. Full details are in our Shipping Policy. Transit times shown on the Site are estimates only and are not guaranteed; the freight carrier schedules the actual delivery with you. You are responsible for providing accurate delivery information and for ensuring the delivery location is accessible to a freight truck.

The full terms governing shipping — including delivery methods, estimated transit windows, carrier scheduling, accessorial charges, and your responsibilities at delivery — are set out in our Shipping Policy, which is incorporated into these Terms by reference. Title to and risk of loss for the products pass to you upon delivery to the delivery address you provide.

8. Returns, damage claims & refunds

All sales are final. Because rubber mulch ships by heavy LTL freight, we do not accept change-of-mind returns — return freight can cost as much as the product itself. We do stand behind every order in two ways: for freight damage and for our own errors, we make it right at our cost. Refunds, freight-damage claims, and order corrections are governed by our Returns & Refund Policy, which is incorporated into these Terms by reference. Because this is a freight-shipped product, that policy explains how and when you must inspect your delivery, note damage, and submit a claim.

9. Product use & safety disclaimer

Our rubber mulch is IPEMA-certified to ASTM F1292, the standard test method for the impact attenuation of surfacing materials under and around playground equipment. This certification is verified by IPEMA, an independent certification body. Impact-attenuation performance is achieved only at the tested and installed depth; the protective benefit depends on installing and maintaining the product at the correct depth and over the full fall zone.

You, as the customer, are responsible for proper installation depth and complete fall-zone coverage in accordance with the manufacturer's instructions and U.S. Consumer Product Safety Commission (CPSC) public-playground safety guidance, as well as any applicable local codes. We sell product; we do not provide installation services and do not install or inspect any surface. Nothing on the Site or in these Terms is a guarantee against injury, and the certification documents tested performance — it is not a substitute for proper installation, depth maintenance, and supervision.

10. Warranties & disclaimers

Colored rubber mulch carries our limited 12-Year Color Guarantee, which applies solely according to its own written terms and is the sole express warranty we provide on color.

Except for that limited color guarantee and to the fullest extent permitted by applicable law, the products and the Site are provided “as is” and “as available,” and we disclaim all other warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you, and you may have other rights that vary by jurisdiction.

11. Limitation of liability

To the fullest extent permitted by applicable law, Perfect Rubber Mulch and its owners, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Site, the products, or these Terms, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to any order will not exceed the amount you actually paid for the product giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Perfect Rubber Mulch and its owners, officers, employees, and suppliers from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the products (including improper installation, insufficient depth, or inadequate fall-zone coverage), or your violation of any law or the rights of a third party.

13. Intellectual property

The Site and its content — including text, graphics, logos, photographs, product descriptions, and the “Perfect Rubber Mulch” name and marks — are owned by us or our licensors and are protected by intellectual-property laws. You may not copy, reproduce, republish, or distribute Site content for commercial purposes without our prior written permission. References to third-party certifications, standards, or organizations (such as IPEMA, ASTM, or CPSC) are the property of their respective owners and are used for identification only.

14. Acceptable use

You agree to use the Site only for lawful purposes. You will not attempt to interfere with the Site's operation or security, access it through automated means in a way that burdens our systems, submit false or fraudulent orders or information, or use the Site or its content in any way that infringes the rights of others or violates applicable law.

15. Third-party links

The Site may link to third-party websites and resources (for example, cited safety studies, extension publications, or our payment processor). We provide these links for convenience and reference only. We do not control and are not responsible for the content, products, or practices of third-party sites, and a link does not imply our endorsement.

16. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Changes apply prospectively and take effect when posted. The Terms in effect at the time you place an order govern that order. Your continued use of the Site after changes are posted means you accept the updated Terms.

17. Governing law & dispute resolution

These Terms and any dispute arising out of or relating to them or to your purchase are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Dispute resolution: The state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or your purchase, and you consent to the personal jurisdiction and venue of those courts. We do not require binding arbitration. Nothing in this section waives any right you may have to bring an eligible claim in a small-claims court, or to pursue the remedies available to you under the consumer-protection laws of your home state.

18. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding their subject matter. We may modify, suspend, or discontinue any part of the Site or our product offerings at any time without notice, and we are not liable to you for doing so. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including freight-carrier or fuel disruptions, transportation or supply disruptions, severe weather, floods, wildfires or other natural disasters, road or bridge closures, labor actions, public-health emergencies (such as a pandemic), or acts of government.

19. Contact us

Questions about these Terms or your order? Reach us at:

• Phone: 800-918-3357
• Email: support@perfectrubbermulch.com