Terms and Conditions of Product Sales and Services
These Terms and Conditions ("Terms") govern the sale of products and services by From Gardens to Picnics ("Seller"), including all orders and purchases made by the customer ("Buyer"). By placing an order with From Gardens to Picnics, the Buyer agrees to comply with and be bound by these Terms. If the Buyer does not agree with these Terms, they should not proceed with the purchase or order.
1. ORDERS
All orders for products or services must be placed in writing, via email, our website (www.ecogardenjoy.com), or by phone. These Terms apply to all orders accepted by From Gardens to Picnics.
- All quotations provided before order acceptance are subject to product availability. A formal agreement is made once an order is accepted by From Gardens to Picnics.
- In the case of unavailability of products, From Gardens to Picnics reserves the right to either cancel or adjust the order accordingly.
- The Buyer agrees that delivery timelines are not guaranteed but that the company will use reasonable efforts to meet the requested dates.
2. PRICES
- All prices are in U.S. dollars and are subject to change without prior notice.
- Prices listed on the website or in quotations exclude shipping costs, taxes, and any other additional charges unless stated otherwise.
- Any additional services (such as personalized products, seed treatments, etc.) will be communicated to the Buyer prior to confirmation of the order.
3. PAYMENT
- Payment is due in full before shipment or delivery unless credit terms are agreed upon in writing by From Gardens to Picnics.
- Seed or product orders will not be shipped until payment has been received or satisfactory payment arrangements have been made.
- Late payments are subject to a late fee of 2% per month (24% annually), or the maximum amount permitted by law.
4. TITLE AND RISK OF LOSS
- Title and risk of loss for products pass to the Buyer upon delivery to the carrier or upon pick-up by the Buyer or their agent.
- The Buyer assumes all risks associated with the transportation and handling of the products once shipped.
5. FORCE MAJEURE
From Gardens to Picnics will not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to weather conditions, crop failures, natural disasters, pandemics, labor disputes, or government restrictions.
- If a Force Majeure event occurs, From Gardens to Picnics may cancel or prorate the order.
6. WARRANTY AND LIMITATION OF LIABILITY
LIMITATION OF WARRANTY
From Gardens to Picnics warrants that all products sold conform to the description stated on the label, in product listings, or in communications with the Buyer. The warranty applies only to the description provided and does not extend beyond what is stated.
- The Seller provides no warranty against seed-borne diseases or any other issues outside of the described specifications.
- The Buyer’s exclusive remedy for breach of warranty is limited to the refund of the purchase price.
LIMITATION OF LIABILITY
From Gardens to Picnics shall not be liable for any loss of profit, incidental, consequential, or special damages arising from the use of the products.
- Buyer agrees to notify From Gardens to Picnics of any product defects within 30 days of discovery, after which claims will not be accepted.
7. RISKS AND SEED-BORNE DISEASES
- The Buyer acknowledges that failure of seeds or plants to perform as expected may result from a variety of environmental factors, including weather, soil quality, and the use of fertilizers or chemicals.
- While reasonable precautions are taken to prevent seed-borne diseases, From Gardens to Picnics cannot guarantee that seeds are free from pathogens.
- The Buyer assumes all risks for crop failure or damage due to seed-borne diseases.
8. INTELLECTUAL PROPERTY
- All trademarks, trade names, and product descriptions used on the website or in communications with the Buyer are owned by From Gardens to Picnics.
- Buyer agrees not to use these intellectual properties without written permission from From Gardens to Picnics.
9. ARBITRATION AND MEDIATION
- In case of disputes, the Buyer agrees to resolve such issues via mediation or arbitration, as required by law.
- Arbitration will be conducted in accordance with the rules of the American Arbitration Association.
10. GOVERNING LAW
These Terms shall be governed by the laws of the state where From Gardens to Picnics is registered, without regard to its conflict of laws principles.
11. NOTICES
- Any notices under these Terms should be made in writing, via email or mail, and will be deemed delivered when received by the recipient.