GARDEN sPOTS TERMS OF SERVICE

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Service.

General

This website belongs to Garden sPOTS, LLC.  Throughout the site, the terms “we,” “us,” and “our” refer to Garden sPOTS, LLC. We offer this website, including all information, tools, and services on this site to you, the user, conditional upon your acceptance of all terms, conditions, and policies stated here.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or change to our website.  It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

You must be 18 years or older to agree to these terms and conditions, to make any purchases from us via this website, or to authorize any of your minor dependents to use this site.

Our store is hosted on SquareSpace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 


Site Usage

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or the information we provide without express written permission by us. All product descriptions and pictures of products available for purchase are the sole possession of Garden sPOTS, LLC. Links to information and videos belonging to Proven Winners® and other third-parties are provided via agreement and are subject to their copyright and Terms of Service.

You understand that information you provide to us via this website or via email may involve transfer over various networks and may be subject to changes necessitated by the technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks when using our payment links, but other methods of information transfer may not be encrypted.  See our Privacy Policy for more information on security and information we collect and share.

In addition to the above conditions, you are prohibited from using the site or its contents for a) any unlawful purpose; b) to solicit others to perform or participate in any unlawful acts; c) to violate federal, state or other governmental regulations, rules, laws, or local ordinances; d) to infringe upon or violate our intellectual property rights or the rights of others; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; f) to submit false or misleading information; g) to upload or transmit viruses or any type of malicious code that will or may be used to affect the functionality or operation of the Service or any related websites; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretest, spider, crawl or scrape; j) for any obscene or immoral purpose; or k) to interfere with or circumvent the security features of the Service and related websites, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


Payment & Delivery

All items are delivered prepaid.  Payment is made via this website through a third-party payment processing site based on the payment type selected at checkout. If you select credit card payment using Visa, MasterCard or Discover, payments are processed through Stripe. Payment can also be made through PayPal and Apple Pay by selecting these payment types.  Use of these services are subject to their terms and conditions.

Maryland sales tax of 6% is added to all purchases.

Credit card charges will be processed 3 days after placing an order.  Order cancellations must be made within 3 business days of placing an order. Once payment is accepted, all efforts will be made to schedule delivery within two weeks (exceptions may include pre-season sale orders). 

Deliveries are made only in Montgomery County, Maryland.  No charge is added for delivery. 

Deliveries are generally scheduled within 2 weeks of processing your order. We will notify you by email at least 3 days in advance of the date of delivery.  If there are certain times that you would prefer us to arrive, or if the date is unacceptable to you, please call us within 24 hours of notification to make special arrangements.  It is not always possible for us to delay delivery at the last minute as we are working with live materials, so, if possible, let us know about best times for delivery and special requests when you place the order.

We assemble your Garden sPOT on site, and require a small area in which to work.  Generally, we will work in a driveway or parking area and then move the finished product, but we may work in the area you have indicated for placement (such as on a patio). We use tarps and other protections and we sweep to ensure we do not leave soil or plant waste behind.

We make every effort to comply with special directions for delivery.  If no delivery information other than the address is provided, we will leave the assembled product as close to the front entrance as possible. If you direct us to place the product elsewhere on the property, we must be able to safely access the location at the time of delivery.  If there are pets on the premises, please make sure they are secured prior to our arrival.  We reserve the right to refuse to assemble or place the product in locations that we deem unsafe or too difficult to access.

If the delivery is to a multi-unit dwelling, please leave instructions that indicate where we can work to assemble the product and where to leave it if we cannot directly access your home. 

If you have purchased this product as a gift for someone else, you must provide an accurate delivery address and contact information to arrange the delivery.

If we are unable to arrive as scheduled, we will call you at the contact number you have provided.  We will try to reschedule at your earliest convenience. 

If we arrive and cannot make the delivery due to lack of access or other issues, we will try to call the contact number you have provided.  If we cannot resolve the issue at the time of delivery, and the problem is due to incomplete information provided by you, there may be an additional charge to redeliver.


Pricing

Prices applicable for each order will be the prices set forth by the website at the time the order is processed. Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the products or services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.


Product Warranty Disclaimer & Liability

We make every effort to ensure that products are accurately represented on our website. However, we cannot guarantee that final products will exactly match on-screen depictions. 

Occasionally, substitutions may be necessary to create your Garden sPOT due to the availability of certain plants at various times of the year. Care is taken to maintain the style, theme and color scheme of the arrangement, using plants of equal value.

Buyers should be aware that plants grow and change over the course of the growing season and in response to the type of care they receive.  As a result, the plant material may or may not completely fill the container at the time of delivery, or it may eventually overfill the container if it is not trimmed back.  Over time, some spots, holes, or discoloration of plant material should be expected.   

We do not accept return merchandise.  We inspect all containers and plant material prior to delivery, and we assemble the product on site, to avoid damage in transit. Subject to our inspection, we may replace defective containers if we are notified of problems within three days of delivery.  Damage to containers that occurs as a result of weather, misuse, or accidents after delivery is not covered by Garden sPOTS.  If the plants in the container do not meet your expectations, please call or email us to discuss possible remedies.  If there has been a substitution from the product offered on our website, we may, at our discretion, offer another plant substitution if you notify us within three days after delivery.  We do not replace plants that have been damaged by environmental conditions or care including, but not limited to, improper watering, frost, storm damage, exposure to more or less sun than recommended, presence of insects or animals, or failure to maintain plant health by trimming and fertilizing. It is your responsibility to ensure that you have selected a product that matches your sun conditions and that you can maintain properly.  Please refer to our webpage “Sun vs. Shade” to help you determine the level of sun you have prior to ordering. Please check our webpage “Care & Feeding” for information on proper maintenance of your Garden sPOT. 

Buyers should be aware that all plants attract wildlife, which may include insects, birds, and/or mammals.  All flowering plants attract pollinators. Products that you may have selected to entice butterflies will also attract bees, wasps, and other pollinators.  Plants with seeds and fruit may attract birds and mammals in addition to insects.  Deer may to try to eat anything they can reach. You agree that it is your sole responsibility to address any wildlife issues that may arise from the purchase of our product.

Many plants contain compounds that are irritating or toxic to people and pets.  Even plants included in our Edible collections may have parts that should not be consumed (e.g. the leaves of a tomato plant). Flowering plants produce pollen which can irritate allergies. You agree that it is your sole responsibility to address health issues that may arise from contact with, or consumption of, plant materials purchased.

We are not responsible for damages, loss or injuries resulting from the purchase, use, or placement of our products. We strongly recommend that you consider access to small children, allergies, pets, and proximity of wildlife before placing a Garden sPOT on your property. 

The Service and all products and services delivered to you through the Service are (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


Accuracy of Billing Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made from Garden sPOTS, LLC.  You agree to promptly update information, including email address, credit card numbers and expiration dates, and delivery information, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased.  In the event that we need to make a change or cancel an order, we will attempt to notify you by contacting the email and/or billing address and/or phone number you provided at the time the order was made. 


Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times, and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update such information without prior notice, including after an order has been submitted.