Effective Date: 13-5-2025
1. Acceptance of Terms
By using the Garden Item Services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use Garden Item Services under your account. If you do not accept the terms of this Agreement, then you may not use our Services.
2. Description of Services
Garden Item provides an online marketplace and related services (“Services”) that allow you to browse, search for, and purchase products and services from us and our third-party sellers.
3. Use of Our Services
Permitted Use
- You may use our Services for lawful purposes only
- You must comply with all applicable laws and regulations
- You are responsible for maintaining the confidentiality of your account
Prohibited Use
You may not use the Garden Item Services to infringe, misappropriate, or violate intellectual property or other legal rights. You may not:
- Use our Services for any unlawful purpose
- Violate any intellectual property rights
- Interfere with or disrupt our Services
- Use automated systems to access our Services without permission
- Impersonate others or provide false information
4. Your Account
You may need your own account to use certain Garden Item Services, and you may be required to be signed in to your account and have a valid payment method associated with your account. You are responsible for:
- Maintaining accurate account information
- All activities that occur under your account
- Keeping your password secure and confidential
- Notifying us immediately of any unauthorized use
5. Privacy
We respect your privacy and handle your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
6. Intellectual Property Rights
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Garden Item or its licensors, suppliers, publishers, and other rights holders. Our Services and all content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws.
7. Product Information and Pricing
- We strive to provide accurate product descriptions and pricing
- Prices and availability are subject to change without notice
- We reserve the right to correct errors in pricing or product information
- All prices are listed in USD unless otherwise specified
8. Orders and Payment
- Placing an order constitutes an offer to purchase
- We reserve the right to accept or decline any order
- Payment is required at the time of order placement
- We accept major credit cards and other payment methods as displayed
9. Shipping and Delivery
Shipping and delivery terms are governed by our separate Shipping Policy, which is incorporated into these Terms by reference.
10. Returns and Refunds
Return and refund policies are governed by our separate Return Policy, which is incorporated into these Terms by reference.
11. Third-Party Services
Our Services may include links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites or services.
12. Service Modifications
We may change, suspend, or discontinue the Garden Item Services, or any part of them, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on our website.
- Disclaimers
- Our Services are provided “as is” and “as available”
- We make no warranties, express or implied, regarding our Services
- We do not guarantee that our Services will be uninterrupted or error-free
- We are not responsible for content provided by third parties
14. Limitation of Liability
To the fullest extent permitted by law:
- Our liability is limited to the amount you paid for the specific product or service
- We are not liable for indirect, incidental, or consequential damages
- Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you
15. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any rights of another party
16. Dispute Resolution
Governing Law
These Terms are governed by the laws of [Your State/Country] without regard to conflict of law principles.
Dispute Resolution Process
- Direct Communication: Contact our customer service first
- Mediation: If unresolved, disputes may be submitted to mediation
- Arbitration: Binding arbitration may be required for certain disputes
- Small Claims Court: You may pursue claims in small claims court
17. Termination
- You may terminate your account at any time by contacting us
- We may suspend or terminate your account for violation of these Terms
- Termination does not affect rights and obligations that accrued before termination
18. General Provisions
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
Entire Agreement
These Terms, along with our Privacy Policy and other referenced policies, constitute the entire agreement between you and us.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms at any time.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
19. Contact Information
For questions about these Terms of Service:
- Email: [email protected]
- Mailing Address: 4770 Old National Hwy, Pinehurst, GA 31070, United States
20. Updates to Terms
We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting. Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms.
Last Updated: 13-5-2025
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.