Terms of service

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Welcome to Gardeners Basics! The terms "we", "us" and "our" refer to Gardeners Basics. Gardeners Basics operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Gardeners Basics is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

These Terms apply to use of our website and purchases made directly through this store. Where we present these Terms and request your agreement, taking the action identified in that notice confirms your acceptance. If you do not agree, do not complete that action or use the Services subject to that agreement. Our Privacy Policy explains how we handle personal information; agreeing to these Terms is not a substitute for any separate privacy or marketing consent required by law.

Nothing in these Terms excludes or limits consumer rights, remedies, warranties, or liabilities that applicable law does not allow us to exclude or limit. This protection applies throughout these Terms, including provisions concerning Shopify and other third parties.

Section 1. Access and account

You must be at least the age of majority where you live and legally able to enter into a binding agreement to create an account or place an order. Our Services are intended for adults, not children. A parent or legal guardian must supervise any permitted use by a minor and must make any purchase in the adult's own name. This provision does not authorize collection of children's personal information contrary to our Privacy Policy or applicable law.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2. Our products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Seeds are living products. Germination, plant growth, harvest timing, yield, and appearance in your garden can vary with storage, soil, temperature, moisture, weather, planting methods, pests, and other growing conditions. Follow the product label and planting instructions. Unless we expressly promise a particular result for a product, we do not guarantee a particular garden outcome. This explanation does not override seed-label information, product descriptions that form part of your purchase, express warranties, or rights provided by applicable law.

We may update product descriptions for future purchases, discontinue products, or limit quantities and permitted destinations. These changes do not retroactively alter an accepted order or relieve us of responsibility for a materially inaccurate description. Any necessary order correction or cancellation will be handled under Sections 3 and 12.

Section 3. Orders

When you place an order, you are making an offer to purchase. Your order is accepted when Gardeners Basics confirms acceptance. We may decline or cancel an order for a lawful reason, such as unavailable inventory, a material listing error, suspected fraud, or a shipping restriction. If we decline or cancel a paid order, we will notify you and promptly refund the amount due for the canceled items and associated charges, as required by applicable law. We will not increase an accepted order's price or substitute a materially different product without your agreement.

Please review your order before submitting it. Contact us promptly if you need a change or cancellation. We may be unable to accommodate a discretionary request after fulfillment has begun, but this does not limit a cancellation, refund, or other remedy available under applicable law.

Returns and exchanges are governed by our Refund Policy and applicable law. Its conditions for discretionary returns do not eliminate rights concerning defective, damaged, incorrectly supplied, or otherwise nonconforming products. Any gift-card restrictions are subject to cash-redemption and other rights required by applicable law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4. Prices and billing

Prices, discounts, and promotions may change for future orders. The price for your order, together with applicable taxes, shipping, and other disclosed charges, is shown at checkout before you submit it and in your order confirmation. Unless stated otherwise, displayed product prices exclude taxes and shipping. Material pricing errors are addressed under Section 12, not by charging a higher price without your agreement.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5. Shipping and delivery

Our Shipping Policy explains available destinations, processing times, shipping methods, charges, and delivery estimates. We currently ship within the United States. Delivery estimates are not guarantees unless a specific guarantee is expressly offered, but they do not excuse us from shipment commitments or duties imposed by applicable law.

If we cannot fulfill your order within the applicable shipment timeframe, we will communicate the delay and provide any delay-consent, cancellation, or refund options required by applicable law. If we cancel an unfulfilled order, we will promptly refund the amount due. A return-policy inspection period does not extend a legally required deadline for refunding an unshipped order.

Carrier delays and events outside our control can affect arrival times. If your package appears lost, damaged, or incorrect, contact us so we can investigate and arrange an appropriate replacement, refund, or other resolution under our published policies and applicable law. Handing a package to a carrier does not eliminate those commitments or your nonwaivable rights.

Section 6. Intellectual property

The original website content, branding, design, and arrangement of our Services are owned by Gardeners Basics or used with permission from their owners and are protected by applicable intellectual property laws. Customers and other contributors retain ownership of their reviews and other submitted content, subject to the nonexclusive license in Section 11. Third-party materials remain the property of their respective owners.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Gardeners Basics, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Gardeners Basics.

Gardeners Basics's names, logos, product and service names, designs, and slogans are trademarks of Gardeners Basics or its affiliates or licensors. You must not use such trademarks without the prior written permission of Gardeners Basics. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

Unless we expressly state otherwise, optional third-party tools are provided without endorsement or an additional warranty from us. Their providers may impose separate terms. Our responsibility remains subject to Sections 16 and 17, our express commitments, and applicable law; use of a third-party tool does not eliminate those obligations.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

Review the applicable third party's terms and privacy practices before using its website or making a purchase there. Direct questions about a third party's products or services to that provider. We do not assume responsibility for independently operated third-party sites, but this provision does not exclude responsibility for our own conduct or any obligation that cannot lawfully be excluded.

Section 9. Relationship with Shopify

Gardeners Basics is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Gardeners Basics. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gardeners Basics, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gardeners Basics.

Section 10. Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

If these Terms and our Privacy Policy conflict regarding the collection, use, or disclosure of personal information, the Privacy Policy controls on that subject. Privacy choices, legally required consent, and requests to exercise privacy rights are handled as described in that policy, not waived by these Terms.

Section 11. Feedback

You retain ownership of the reviews, suggestions, photos, and other content you submit for publication or as product or service feedback ("Feedback"). You grant Gardeners Basics a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, and use that Feedback to operate, improve, and promote our Services, including through service providers acting for us. We may format or shorten Feedback without misleadingly changing its meaning. This license remains subject to applicable law and our Privacy Policy and does not transfer ownership of your content to us.

You must have the rights needed to submit Feedback, describe genuine experiences honestly, and disclose any relevant incentive or material connection. Unless separately agreed, we do not owe compensation for unsolicited Feedback. Private customer-service correspondence is not permission to publish your personal information or use your message as an endorsement; we will obtain separate permission where needed.

Nothing in these Terms prohibits or penalizes an honest review, including a negative review. We do not remove or edit reviews simply because they are unfavorable. We may moderate content on lawful grounds, such as confidential personal information, infringement, unlawful harassment, obscenity, clearly false or misleading content, or material unrelated to our products or services. Disagreement with an opinion is not, by itself, a reason to treat it as false.

Do not impersonate another person, submit content you are not authorized to provide, or include malicious code. You are responsible for your own submissions. Our responsibilities for handling Feedback remain subject to applicable law.

Section 12. Errors, inaccuracies and omissions

We may correct typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, shipping information, and availability. If a material error affects your submitted order, we will notify you and, as appropriate, seek your agreement to corrected terms or cancel the affected order and promptly refund amounts due. We will not impose a higher price or a materially different product without your agreement. Correcting a listing does not eliminate rights arising from an inaccurate representation or an accepted order.

Section 13. Prohibited uses

Use the Services only for lawful purposes and within the permissions granted to you. You must not: (a) infringe intellectual property, privacy, or other legal rights; (b) engage in fraud, impersonation, unlawful threats, harassment, or defamation; (c) submit materially false information; (d) send unsolicited spam or phishing messages; or (e) disrupt another person’s lawful use of the Services. This section does not restrict honest consumer reviews or other legally protected expression.

You must not introduce malicious code, access another person’s account without permission, improperly collect personal information, overload the Services, or bypass authentication, access restrictions, or other security measures. Do not scrape, extract, reproduce, or commercially exploit website content without authorization or another lawful basis.

Ordinary manual browsing and shopping, standard browser functions, and assistive accessibility technologies are not prohibited merely because they access the website. Autonomous or semi-autonomous agents must comply with Section 14. Any permission to access the Services remains limited by these Terms, applicable law, and the scope of any specific authorization.

Section 14. Agents

14.1 This section ("Agent Terms") applies to software or a service that takes autonomous or semi-autonomous action for a person or entity without direct supervision ("Agent"). An Agent must have authority from the person for whom it acts. Ordinary browser functions and assistive accessibility tools that do not independently transact or extract content are not Agents merely because they automate a user-interface function.

14.2 An Agent may interact with the Services only within the scope of access we permit, in compliance with Section 13 and the requirements below. An Agent must stop accessing the Services if we revoke that permission or instruct it to stop. Identifying itself does not, by itself, authorize otherwise prohibited activity.

14.3 We may limit whether and how Agents access the Services, including through technical measures and reasonable access restrictions. These restrictions remain subject to applicable law.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15. Termination

We may suspend or terminate access to the Services for a lawful reason, including a material breach of these Terms, fraud, or a security risk. We will provide notice when required by law. You remain responsible for valid amounts already owed, and we remain responsible for refunds, accepted-order obligations, and other duties that survive termination. Termination does not erase either party’s accrued rights or nonwaivable remedies.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16. Disclaimer of warranties

Our garden guides and other educational content provide general information. Conditions vary, and this content is not a promise of a particular planting or harvest outcome. Product labels, applicable safety instructions, and any express product warranties remain important and are not overridden by this general-information statement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND OPTIONAL ONLINE FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE WEBSITE OPERATION. EXCEPT FOR EXPRESS WARRANTIES AND WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT SUCH A DISCLAIMER IS PERMITTED.

THESE TERMS DO NOT DISCLAIM AN EXPRESS WARRANTY CREATED BY AN APPLICABLE PRODUCT DESCRIPTION, LABEL, OR OTHER BINDING PROMISE. THEY DO NOT EXCLUDE IMPLIED WARRANTIES WHERE A WRITTEN WARRANTY, SERVICE CONTRACT, OR APPLICABLE LAW PREVENTS THAT EXCLUSION. YOU RETAIN ALL WARRANTIES AND REMEDIES THAT CANNOT LAWFULLY BE WAIVED.

Section 17. Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GARDENERS BASICS AND ITS AFFILIATES, PERSONNEL, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES ARISING FROM USE OF THE SERVICES OR PURCHASED PRODUCTS, INCLUDING LOST PROFITS OR LOST DATA, TO THE EXTENT THOSE LOSSES FALL WITHIN THESE EXCLUDED CATEGORIES.

THIS EXCLUSION DOES NOT LIMIT REQUIRED REFUNDS, PERFORMANCE OF EXPRESS WARRANTIES, LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW US TO LIMIT. IT DOES NOT EXCLUDE PERSONAL-INJURY DAMAGES ARISING FROM DEFECTIVE CONSUMER PRODUCTS. NO PROVISION IN THESE TERMS ELIMINATES A NONWAIVABLE CONSUMER REMEDY.

Section 18. Indemnification

To the extent permitted by applicable law, you agree to indemnify Gardeners Basics, Shopify, and their respective affiliates and personnel against third-party claims, and reasonable resulting costs, to the extent caused by your unlawful use of the Services, infringement of another person’s rights, or material breach of these Terms. This obligation does not arise merely from ordinary lawful browsing or purchasing, and does not apply to the extent a claim results from the protected party’s negligence, misconduct, or breach of its own obligations.

We will promptly notify you of a claim for which we seek indemnification and provide reasonable cooperation. Any defense arrangement must reasonably protect both parties’ interests. No settlement may require you to admit fault, accept a nonmonetary obligation, or pay an amount not covered by this section without your consent. This section does not waive consumer protections or impose liability that applicable law prohibits.

Section 19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20. Waiver; entire agreement

A failure to enforce a provision on one occasion does not, by itself, waive the right to enforce it later, subject to applicable law.

These Terms, the policies they incorporate, and any specific terms agreed for your purchase form the agreement concerning the Services. Specific product promises, order terms, and express warranties are not canceled by this general agreement clause. For returns and shipping, the applicable specific policy governs its subject; for personal-information handling, the Privacy Policy governs. All remain subject to nonwaivable law. Later policy changes do not retroactively replace the terms governing a completed purchase.

Section 21. Assignment

You may not transfer your contractual obligations to another person without our consent, except as allowed by law. We may transfer these Terms in connection with a lawful business transfer or reorganization, provided that doing so does not reduce your existing consumer rights or relieve us of obligations that cannot legally be transferred. We will provide notice when required by applicable law.

Section 22. Governing law

These Terms are governed by the laws of the State of Utah and applicable United States federal law. This choice does not deprive you of mandatory consumer protections that otherwise apply under the law of your place of residence.

Subject to applicable jurisdictional requirements, you and Gardeners Basics consent to the nonexclusive jurisdiction of the state courts located in Utah County, Utah, and the United States District Court for the District of Utah. This provision does not prevent a claim in another court, including an eligible small-claims court, where applicable law gives you that right. These Terms do not require arbitration or waive a right to trial by jury or participation in a class action.

Section 23. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24. Changes to terms of service

You can review the currently posted Terms on this page. We may revise them for future use of the Services or future purchases.

For a material revision, we will provide the notice and obtain any renewed agreement required by applicable law, and identify when the revised terms take effect. Revisions do not retroactively change an accepted order or extinguish rights or claims that arose before the change. Mere posting is not a substitute for notice or agreement when the law requires more.

Section 25. Contact information

Questions about these Terms may be sent to info@gardenersbasics.com.

Gardeners Basics
3573 N Main Street
Spanish Fork, UT 84660
United States

Email: info@gardenersbasics.com
Business phone: 801-769-6181

For customer service, please use email or the website chat described on our Contact Information page. Calls to our business number are not monitored for customer service. Obtain return authorization before sending merchandise to the address above.