Terms of Sale and Use Legal Aggreement Contract
TERMS AND CONDITIONS OF USE CONTRACT GENERAL This web site of Hobirn, Inc. d/b/a Homegrown Hydroponics (hereinafter, the “Company”) provides content (“Content”) for both the public and its customers. These Terms of Use (these “Terms” or this “Agreement”) constitute a binding legal agreement between you and the Company. By using this web site you are acknowledging that you have read, understood, and agree to be bound by these terms and conditions of use, as well as all applicable governing laws and regulations. Acceptance: Your use of this website and any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by the Company. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease to use the web site. The Company reserves the right to change or modify all or part of this agreement at any time, without prior notice, effective immediately upon publication on this site. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound. USE Copyright: The Content is the property of the Company or its licensors, and is protected by copyright and other intellectual property laws. Trademark: The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of homegrown-hydroponics.com and others. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. The Company enforces its intellectual property rights to the fullest extent of the law.
Restrictions: Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of the Company. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of the Company. You may use Content individually or within your company, but copying and distributing Content to third parties from this web site is forbidden. ORDER ACCEPTANCE POLICY Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. ORDER POLICY All units are custom build on a per order basis. You may order online or over the phone. Phone conversations may be recorded for security reasons. You may pay with either a cashiers check/money order, electronic check debit or credit card. When paying by check or money order units can be shipped to any address you specify. When paying with a credit/debit card units can only be shipped to the authorized billing address of the credit card. If paying with a credit/debit card you will need to mail/fax in a copy of your credit card, driver's license, and this terms of sale agreement signed. Credit card orders will not be processed until this documentation has been received. You can fax it to 954-333-3845 or mail it to HGH @ 19141 Seneca Ave, Weston Fl 33332. When the documentation has been received you will be billed 1/3 the value of the unit being ordered, and work will begin. We prefer the deposit to be made by cashiers check or money order and mailed in with this documentation, but we will also accept check debits and a credit card as a last resort for deposits which can be done over the phone. The 1/3 deposit is absolute and will not be refunded for any reason after the initial 48 hour window. Your credit card will not be billed the remainder of the balance until within 48 hours of the unit being shipped. All units must be signed for upon delivered and inspected regardless of payment method. REFUND POLICY The Company provides custom goods in a timely fashion. Estimates given on the phone are estimates only. Actual build time could take longer depending on availability of parts and our current work load. In this regard, custom manufacture of your product commences once an order is placed. All units are custom built and custom parts are ordered for each customer. Accordingly, all sales are final. Orders can not be cancelled if they take longer to build/ship than originally estimated. Because every unit is custom built and custom parts are ordered for each unit, the Company cannot issue a full refund. If you cancel an order that you place within 24 hours after you place it, we'll refund any deposit you make except a $500 cancellation fee. If you cancel the order after 48 hours, we will keep your 1/3 deposit in full and it is not refundable for any reason. This non-cancellation policy is absolute, and if a partial order has been shipped, you will not be able to cancel the remainder of the order. If an order is cancelled prior to the unit shipping out, the deposit will be kept in full to cover our time and costs. By placing an order, you are warranting that you have studied and are familiar with all product specifications and accept the goods with the understanding that they conform to all requirements of space and design of the room in which the goods are ultimately to be housed. The Company bears no liability whatsoever for attempted chargebacks or return of non-defective goods which we not accept without prior written consent.CHARGEBACK POLICY Any attempted chargeback that is reversed in our favor will result in a bill to you for four (4x) the amount of the original sale and will be sent to a collection agency to collect on this debt. We will pursue this matter to the fullest extent of the law including filing in district court of Florida to collect said debt, in which case you will also be responsible for attorneys fees of $350/hour. Please work with us to resolve any issue you may have with your unit(s) so that we may work with you to make things right. Changing your mind for any reason is not a valid reason to file a chargeback when work on your order has already begun. IS SHOPPING SECURE? We Use Yahoo Security to Guarantee Your Transaction With Us is Safe! SECURITY POLICY Purchaser’s credit card information provided on this site by purchaser will be stored in our cart. Once product is ready to be shipped, credit card information will be pulled and processed by Homegrown-Hydroponics and purchaser will be contacted. Purchaser will send copy of driver’s license and credit card as well as a signed copy of our terms and sale agreement via fax to Homegrown-Hydroponics for credit card and card holder information confirmation and approval. Your privacy is extremely important to us. The trust placed in us by our customers is absolutely essential to our success. Any information we collect about you is used solely to deliver our products, protect you from credit card fraud, accurately collect payment and keep you informed of products and information that may be of interest to you. We do not share your personal information with any outside companies or partners. We collect information on how you found our site and which pages you visit. This information is only used to improve our visibility on the internet and to improve our pages. Our store is hosted by Yahoo Shopping that provides a Buyer Protection Guarantee. All information through this site is secure. Credit card and card holder information is encrypted before being sent across the internet. We use industry standard SSL encryption to scramble. INTERNATIONAL ORDERS For all orders which are shipped outside of the United States, the customer is responsible for and all international duties, tariffs and/or import fees which may be imposed. No order may be cancelled or charged back as a result of the imposition of any international duties, tariffs and/or import fees. As an international customer, you acknowledge sole and full responsibility for all international duties, tariffs and/or import fees, and understand and expressly agree that the Company will not issue any refund under any circumstances because of circumstances relating, directly or indirectly, to the imposition of any such international duties, tariffs and/or import fees. TYPOGRAPHICAL ERRORS AND PRICING POLICY In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for said products. The Company reserves the right to cancel your order for any reason or for no reason at all. The Company is not responsible for prices or pricing errors on other websites. We will not honor incorrect prices listed on other websites. The Company is not responsible for incorrect photographs or images – such images are intended to be representative only. Actual product may vary in color, shape or form. SALES TAX The Company withholds applicable sales tax for orders to be delivered to addresses within Florida. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location. MARKETING AND ORDER COMMUNICATION When you place an order with the Company, you agree that we have collected your e-mail address for the sole purposes of communicating order status with you and sending you occasional e-mail about product promotions or special offerings. You have the ability to UNSUBSCRIBE to all promotional e-mail if you decide you do not want to receive this type of information. As per our privacy policy, we never give out or sell your information to any third party. Your information stays with us securely and will not be sold. The Company reserves the right to cancel any order for any reason. We will not
ship to addresses other than a registered billing address, and will cancel all
suspicious orders without notice. All goods are shipped via common carrier FOB – Weston, Florida. Shipments of the Company’s products leave the factory in perfect condition. While the Company assumes all freight charges, title to the goods passes to the CUSTOMER at the moment that possession is taken by the delivering carrier. If a product is delivered short or in a damaged condition, it is the responsibility of the delivering carrier, and not the responsibility of the Company. CUSTOMERS MUST TAKE CARE WHEN RECEIVING SHIPMENTS TO INSPECT THE CARTONS AND THE MERCHANDISE FOR DAMAGE BEFORE SIGNING THE DELIVERY RECEIPT. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO COMPLETELY UNPACK THE UNIT TO INSPECT FOR DAMAGE BEFORE ALLOWING THE DELIVERING DRIVER TO LEAVE. IN THE EVENT OF ANY SHORTAGE OR DAMAGE, THE CUSTOMER MUST FULLY DESCRIBE SUCH SHORTAGE OR DAMAGE ON THE BILL OF LADING PRIOR TO SIGNING FOR RECEIPT OF THE SHIPMENT. FURTHER, IF A PRODUCT IS FOUND TO BE DAMAGED AFTER BEING REMOVED FROM ITS CARTON, THE CUSTOMER SHOULD ASK THE CARRIER TO FILL OUT A “CONCEALED DAMAGE REPORT.” IN THE EVENT OF ANY DAMAGE OR SHORTAGE, THE CUSTOMER SHOULD ALSO NOTIFY THE COMPANY IMMEDIATELY. IF A SHORTAGE IS DETERMINED TO BE DUE TO OVERSIGHT OR BACKORDER, THE COMPANY WILL, AT ITS SOLE EXPENSE, SHIP THE MISSING PART(S) AS SOON AS IT BECOMES AVAILABLE. THE COMPANY DOES KEEP A STRICT INVENTORY OF ALL COMPONENT PARTS THAT ARE SHIPPED WITH EACH ORDER; ACCORDINGLY, WHILE THE COMPANY MAINTAINS A POLICY OF GIVING A GOOD FAITH BENEFIT OF THE DOUBT TO THE CUSTOMER IN REPLACING MISSING COMPONENT PARTS, THE COMPANY RESERVES THE RIGHT TO MAKE AN ULTIMATE DETERMINATION AS TO WHETHER A COMPONENT PART WAS SHORT UPON DELIVERY DUE TO AN OVERSIGHT OR BACKORDER. IT IS IMPERATIVE THAT THE CUSTOMER TAKE HEED THAT FAILURE TO INDICATE ANY SUCH SHORTAGE OR DAMAGE ON THE BILL OF LADING OR TO REQUEST THAT THE CARRIER FILL OUT A ‘CONCEALED DAMAGE REPORT” MAY RELIEVE THE CARRIER OF ALL LIABILITY AND RESULT IN THE CUSTOMER’S BEARING THE LOSS OF SHORTAGES OR DAMAGES INCURRED IN TRANSIT. ACCORDINGLY, IT IS IMPERATIVE THAT THE CUSTOMER THOROUGHLY EXAMINE THE SHIPPED GOODS PRIOR TO ACCEPTANCE. THE COMPANY IS NOT RESPONSIBLE FOR LOST OR DAMAGED FREIGHT. FREIGHT CLAIMS MUST BE FILED AGAINST THE DELIVERING FREIGHT CARRIER NAMING THE COMPANY AS A THIRD-PARTY BENEFICIARY OF THE CLAIM. DO NOT SEND DAMAGED PARTS OR UNITS BACK TO THE COMPANY FOR REPAIR OR REPLACEMENT. UPON ACCEPTANCE BY THE FREIGHT CARRIER OF A CLAIM FILED BY A CUSTOMER DIRECTLY AGAINST IT AND INDEMNIFICATION FROM THE FREIGHT CARRIER’S INSURER, THE COMPANY WILL RESEND REPLACEMENT PARTS OR UNITS. IF A CUSTOMER REFUSES DELIVERY OF A SHIPMENT FOR ANY REASON (INCLUDING, BUT NOT LIMITED TO, RECEIPT OF A SHIPMENT CONTAINING A SHORTAGE IN PARTS), OR IF A SHIPMENT IS RETURNED TO THE COMPANY AS UNDELIVERABLE, THE COMPANY WILL NOT ACCEPT ANY RETURNED GOODS AND WILL NOT ISSUE ANY REFUND. FURTHER, THE COMPANY WILL AGGRESSIVE CONTEST ANY ATTEMPTED CHARGEBACK (INCLUDING ATTEMPTED CHARGEBACKS FOR RECEIPT OF A SHIPMENT CONTAINING A SHORTAGE IN PARTS). IN THE EVENT THAT A SHIPMENT IS REFUSED OR RETURNED UNDELIVERABLE, THE COMPANY WILL CHARGE THE CUSTOMER FOR ANY ADDITIONAL FREIGHT CHARGES THAT ARE INCURRED, INCLUDING ADDITIONAL FREIGHT CHARGES FOR SUBSEQUENT SHIPMENT(S) OF AN ORDER TO A MODIFIED OR CORRECTED ADDRESS. WARRANTIES All of the Company’s units contain an express 30-day warranty on all non-consumable parts. The customer has 30 days from the date of delivery to send back any broken components. In the event that any component does break within 30 days from the date of delivery, the customer must send back the broken component only, and the Company will replace the broken component. DO NOT SEND THE ENTIRE UNIT BACK TO THE COMPANY FOR REPAIR. The warranty against component breakage contained in this paragraph does not extent to component parts that wear out, to wit: light bulbs, fans, and carbon filters. Upon the expiration of the 30-day warranty provided by the Company against component breakage, product components shall continue to carry the manufacturer’s warranty and claims based on such extended warranties should be made directly through the manufacturer. This web site and the advertisements appearing hereon fully detail the Company’s products to the best of the Company’s ability. The Company warrants that the products which are offered on its web site are clearly and accurately photographed and are described and demonstrated with as much precision as is practicable. Accordingly, the Company is not responsible and can not be held liable for “buyer’s remorse” based on any misunderstandings a customer may have about the Company’s products’ design or function. The Company includes a Hydroponics Basics booklet with every unit, as well as written instructions for the use of individual components. The Company maintains a policy of providing continuing free technical support by telephone throughout the life of its products. The Company reserves the right to refuse to provide such technical support if, in its sole discretion, it determines that a customer is abusive, harassing, or unduly burdensome. The Company expressly disclaims all liability for personal injury or property damage resulting from the use of our units. By accepting a unit from the Company, the customer warrants to exercise all reasonable care to abide by the following common sense guidelines in the use of the product: (1) Ensure that there is a space of at six inches (6”) between the top of the plants and the light, to avoid risk of fire; (2) Keep all exhaust and intake fans running at all times (24 hours a day, 7 days a week) in order to prevent heat build-up; (3) Do not stick fingers in or near the fans; (4) Ensure that leaves are kept clear of fans; (5) Do not overload electrical outlets by plug-in of too many devices; (6) Do not allow the unit to run out of water; (7) Do not operate the unit in extreme hot or cold environments (i.e., the unit should be operated at ambient temperatures between 30°F and 110°F; (8) Do not operate the unit in or around water spray, rain or ground water. ALL OF THE COMPANY’S PRODUCTS ARE SOLD FOR THE EXCLUSIVE PURPOSE OF GROWING CULINARY HERBS, FRUITS AND VEGETABLES ONLY. THESE ITEMS ARE MEANT TO BE USED IN ACCORDANCE WITH ALL APPLICABLE LAWS OF YOUR COUNTRY OR REGION. IT IS EXPRESSLY FORBIDDEN TO USE ANY PRODUCT OBTAINED FROM THIS WEB SITE IN AN ILLEGAL MANNER, OR A MANNER OTHER THAN WHAT THE PRODUCT WAS INTENDED FOR. IT IS ILLEGAL TO USE PRODUCTS PURCHASED FROM THIS SITE TO GROW ILLEGAL PLANTS SUCH AS CANNABIS AND THE USE THEREFORE IS STRICTLY FORBIDDEN. THE COMPANY DOES NOT ENDORSE THE GROWING OF ILLEGAL PLANTS AND EXPRESSLY RESERVES ITS RIGHT NOT TO SELL ITS PRODUCT(S) TO CUSTOMERS WHO MAKE KNOWN THAT THEIR INTENT IS TO USE THE PRODUCT FOR ILLEGAL PURPOSES. THE COMPANY HIGHLY DISCOURAGES CUSTOMERS FROM MAKING VERBAL OR WRITTEN INQUIRY PERTAINING TO THE GROWING OF ILLEGAL CROPS AND SHALL NOT RESPOND TO ANY SUCH INQUIRIES. THE CUSTOMER WARRANTS TO USE ALL THE COMPANY’S PRODUCTS FOR THEIR INTENDED PURPOSE AND EXPRESSLY INDEMNIFIES THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM THE MISUSE, OR ILLEGAL USE, OF THE COMPANY’S PRODUCTS. The Company will utilize its best efforts to build and ship all units in a reasonably timely manner. Customer understands and agrees that all units are custom built per order. While most units ship in 7-12 days from the date that payment is received, it could take up to 6-8weeks, or more, to ship special order and out of stock items. In addition to the preparation time for completion of your custom order prior to shipment, allow for up to five (5) days for crating and transit time for delivery of your order. The Company’s Refund Policy (see above) expressly applies to all orders, including special orders which require more than 1-2 weeks to complete and ship. DISCLAIMER OF WARRANTY IF GOODS ARE BEING PURCHASED FOR EXPORT, THE PURCHASER IS RESPONSIBLE FOR
OBTAINING EXPORT DOCUMENTATION FROM THE FEDERAL GOVERNMENT. IN ADDITION,
WARRANTIES ON EXPORTED PRODUCT MAY VARY, AND MAY EVEN BE NULL AND VOID. ANY AND
ALL LIABILITIES ARE ONLY FOR THE PRODUCTS PURCHASED. THIS WEB SITE AND THE
INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE
APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR
OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED
TO THIS SITE. WE RESERVE THE RIGHT TO REFUSE ANY ORDER FOR ANY REASON WE DEEM
APPROPRIATE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HOMEGROWN-HYDROPONICS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE COMPANY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM, YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PROMOTIONS The Company maintains a “free nutrients for a year” promotion. This means that the customer will receive one package of nutrients at the time their unit is shipped. Additionally, customers can receive more nutrients free of charge for up to one year from the date of the original order. There is a $15 per package shipping and handling charge which must be prepaid before additional nutrients are shipped. The Company maintains a “free mini-herb dryer” promotion as a perquisite as to all orders in an amount greater than $1,200, exclusive of shipping and handling charges, which consist of units involving motor freight (such as PC Grow Boxes and AeroGardens. All company promotions are subject to cancellation at any time and for any reason. Company promotions are understood to consist of goods which are provided gratuitously to customers, with neither benefit to the Company nor detriment to the customer; as such, customer understands and agrees that it has no recourse against the Company whatsoever as a result of the cancellation of any promotion. TRANSMISSIONS PRIVACY POLICYThe Company understands your privacy is important. The information we learn from customers helps us personalize and continually improve your shopping experience at Homegrown-hydroponics.com. We provide this notice in accordance with applicable state and federal laws and because you are a current or potential customer of the Company. This notice will help you understand what types of nonpublic personal information - information about you that is not publicly available - we may collect, how we use it and how we protect your privacy. Here are the types of information we gather. Information You Give Us: We receive and store any information you enter on our
Web site or give us in any other way. You can choose not to provide certain
information, but then you might not be able to take advantage of many of our
features. We use the information that you provide for such purposes as
responding to your requests, customizing future shopping for you, improving our
stores, and communicating with you. We have policies and procedures in place to protect nonpublic personal information about our customers. We do not sell nonpublic personal information about our customers to third parties, i.e., companies or individuals that are not affiliated with the Company.
We do not disclose any nonpublic personal information about our customers to anyone, except as permitted by law or for which you have provided your consent.
Our Privacy Policy applies to both current and former customers. The Company reserves the right to change any of its privacy policies and related procedures at any time, in accordance with applicable federal and state laws. You will receive appropriate notice if our privacy policy changes. This Privacy Notice is provided to you for informational purposes only. You do not need to call or take any action in response to this notice. We recommend that you read and retain this notice for your personal files.GOVERNING LAW Any claim arising out of the use of this site or transaction incidental thereto shall be governed by the laws of the State of Florida, without regard to its conflict of laws rules, and Florida will be the sole jurisdiction and venue for any litigation arising out of the use of this site or arising from transactions incidental thereto. By agreeing to these terms and conditions, you are consenting to personal jurisdiction in the State of Florida. Venue for any legal action arising out of the use of this web site shall be in the county or circuit courts of Broward County, Florida, or the federal court of the Southern District of Florida. ATTORNEY’S FEES The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses, including any expenses incurred as a result of the enforcement of any judgment. NON-WAIVER A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time. ENTIRE AGREEMENT This Agreement sets forth the entire understanding and agreement between you and the Company. SEVERABILITY If any provision of this Agreement is held void or unenforceable, that determination will not affect: (1) the provision's application in other circumstances; (2) other provisions in this Agreement; or (3) this Agreement's validity or enforceability as a whole. HEADINGS The use of headings is for convenience and will not affect the interpretation of this Agreement. |
