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These Terms of Service (“Terms”) govern your use of the online store and services provided by The New Garden (“we”, “us”, “our”). By accessing or using our website and purchasing our products (plants, pots, décor and related items), you agree to be bound by these Terms.
1. Online Store Terms
By using our store, you represent that you:
- Are at least the age of majority in your region, or have consent from a parent or guardian.
- Will use our website and products only for lawful purposes.
- Will provide accurate, current and complete information when placing an order or creating an account.
2. Products and Availability
The New Garden specializes in plants, pots, vases, decorative items and related accessories. We make every effort to display the colors, textures and details of our products as accurately as possible. However, we cannot guarantee that your device’s display will reflect the exact color or appearance.
All products are subject to availability and may be withdrawn or modified at any time. We reserve the right to limit the quantities of any products or services that we offer.
3. Pricing and Payment
Prices for our products are subject to change without prior notice. We reserve the right to modify prices or discontinue any product at any time.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. All payments are processed through secure third-party payment providers, and you must comply with their terms and conditions.
4. Orders and Order Acceptance
When you place an order, you are making an offer to purchase products in accordance with these Terms. We may accept or reject your order at our sole discretion, for reasons including (but not limited to):
- Product unavailability.
- Errors in product description, pricing or payment information.
- Suspicion of fraud or unauthorized activity.
If we cancel or modify an order, we will attempt to notify you using the contact details provided at the time of the order.
5. Shipping and Delivery
We aim to process and ship orders as quickly as possible. Shipping times and costs may vary depending on your location, shipping method and product availability.
Any delivery dates provided are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, weather or other circumstances beyond our control.
6. Returns and Refunds
Our Return and Refund Policy is incorporated into these Terms by reference. That policy sets out in detail the conditions, time frames and procedures for returns, exchanges and refunds.
By making a purchase, you acknowledge that you have read and agree to our Return and Refund Policy, including any deadlines (such as the 14-day return period) and conditions for eligible items.
7. User Accounts
You may choose to create an account on our store to facilitate future purchases and access order history. You are responsible for:
- Maintaining the confidentiality of your login credentials.
- Restricting access to your account and devices.
- All activities that occur under your account.
We reserve the right to terminate, suspend or modify your account at any time if we suspect unauthorized use or a violation of these Terms.
8. Prohibited Uses
You agree not to use our website or products:
- For any unlawful purpose or to solicit others to perform unlawful acts.
- To violate any international, federal, regional or local regulations or laws.
- To infringe upon or violate our intellectual property rights or the rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate.
- To upload or transmit viruses or any other type of malicious code.
- To collect or track the personal information of others without consent.
- To spam, phish, pretext, spider, crawl or scrape our website without authorization.
We reserve the right to terminate your use of our services for violating any of the prohibited uses.
9. Intellectual Property
All content on this website, including but not limited to text, images, graphics, logos, designs and product descriptions, is the property of The New Garden or its content suppliers and is protected by intellectual property laws.
You may not reproduce, distribute, modify, publish, transmit or otherwise use any content from this site without our prior written consent.
10. Third-Party Links and Services
Our website may contain links to third-party websites or services that are not owned or controlled by The New Garden. We are not responsible for the content, privacy policies or practices of any third-party sites or services.
Any use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
11. Disclaimer of Warranties
To the fullest extent permitted by law, our website and all products and services delivered through it are provided “as is” and “as available”, without any warranties of any kind, either express or implied.
We do not warrant that:
- The website will be uninterrupted, timely, secure or error-free.
- Any defects or errors will be corrected.
- Our products or services will meet your expectations beyond what is described on the site.
12. Limitation of Liability
To the maximum extent permitted by law, The New Garden, its owners, employees, partners and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits or lost data, arising from your use of our website or purchase of our products.
In any case, our total liability for any claim related to your purchase of products or use of the website will be limited to the amount you paid for the specific order giving rise to the claim.
13. Indemnification
You agree to indemnify, defend and hold harmless The New Garden and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
14. Governing Law
These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the jurisdiction where The New Garden is based, without regard to its conflict of law provisions.
15. Changes to These Terms
We may update or modify these Terms from time to time. Any changes will be effective when posted on this page, unless otherwise specified. Your continued use of the website following the posting of changes constitutes acceptance of those changes.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
The New Garden
Email: support@thenewgarden.com