Terms & Conditions Policy
Website Owner, Offering, & Binding Terms
This website is owned and operated by Dustin Spitz. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to purchase plants, supplies and more within our store. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key Commercial Terms Offered to Customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. If for some reason we cannot fulfill your entire order the buyer will be notified of options prior to shipment.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
We offer a 100% guarantee on our plant offerings. If for some reason you are unsatisfied with your order the buyer has 14 days to decide if they would like to return them or take another action. If plants are dead-on-arrival, the buyer can provide proof by sending a picture of the plants on the date of delivery noted on tracking. In this case, the plant cost will be refunded to the buyer. Shipping and handling charges will not be refunded, but you can open a claim with the shipping provider if you seek additional reimbursement.
Exclusions apply to plant shipments seized by state import regulation. The buyer in this case takes on the risk of plants being lost or destroyed by their state import regulation. If we experience this issue with any states we will be sure to update the locations where this applies so buyers are aware before purchasing. Refunds will not be offered in this case.
Retention of Right to Change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. This applies particularly to our social media presence, but also our product offerings.
Warranties are not offered on our products
Ownership of Intellectual Property, Copyright & Logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Dustin Spitz. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to Suspend Accounts
We may permanently or temporarily terminate or suspend your access to the website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Dustin Spitz harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, Dustin Spitz assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right To Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotion & Email Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of USA, NY, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Canandaigua, NY. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.