Thank you for visiting the Humboldt Gardens, Inc. Online Store. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase all types of garden supplies and accessories. Accessible 24 hours a day, 7 days a week, the Site offers a larger selection of products than typical store-based retailers, along with related information. Humboldt Gardens, Inc., our online Store humboldtgardens.com and its affiliate companies ("we, us, our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

The Terms of Use

Humboldt Gardens, Inc. owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

PRIVACY

Humboldt Gardens, Inc. respects your privacy and takes strong measures to protect your confidential personal information. All personal and billing information collected via Humboldt Gardens, Inc. shopping cart is transmitted to Humboldt Gardens, Inc. staff securely via High-grade Encryption (256 bit). Your information is physically secured to protect against any losses or misuse.

PRODUCT AVAILABILITY

Humboldt Gardens, Inc. uses its best effort to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Humboldt Gardens, Inc. may need to reject an order you have placed for a product where Humboldt Gardens, Inc. establishes that it is actually unavailable for delivery. In such cases Humboldt Gardens, Inc. will refund in full all amounts you paid in respect of such unavailable product. Humboldt Gardens, Inc. cannot provide rain-checks for products ordered online.

PRODUCT INFORMATION

All prices displayed on Humboldt Gardens, Inc. Website are quoted in U.S. dollars. Please note that while we have tried to accurately display the colors of products on the Web site, the actual colors you see will depend on your computer monitor.

Orders

You place an order with Humboldt Gardens, Inc. by selecting products and pressing the "purchase now" button on the checkout page. Humboldt Gardens, Inc. reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Humboldt Gardens, Inc. at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Humboldt Gardens, Inc. upon Humboldt Gardens, Inc. acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland USA and Canada.

Variation of Products and Price

Humboldt Gardens, Inc. may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Humboldt Gardens, Inc.'s retail stores and those found on this website.

DELIVERY

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Humboldt Gardens, Inc.'s Delivery Policy published on this website, and the Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Humboldt Gardens, Inc. provides delivery. Orders will not be processed for delivery to an address in a suburb not in Humboldt Gardens, Inc.'s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

RETURN POLICY

Returned items must be in their original packaging, in as-new condition with the packing slip. All refunds will be in the form of in-store credit for your next purchase. If you are returning an item that is defective it will be replaced at no cost to you. There is a 20% restocking fee for any item returns that are not a warranty issue. Buyer is also responsible for the cost of return shipping on all items that are not a warranty return or repair.

* Please note: In order to avoid costs and time associated with returning items that are not the right fit for your needs, it is important to research the products thoroughly before making your purchase. Make sure the dimensions are going to fit the grow area as needed and confirm any other product details. We are available to answer any of your questions between 10-6 PM, 7 days a week. It might be good to check out items in your local grow shops to make sure they are the right fit for your gardening needs.

LINKS.

This Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only and we do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third party Site at any time and the fact that we provide a Link does not mean that we endorse, authorize or sponsor that Site.

COPYRIGHT

Humboldt Gardens, Inc. 2013-2020. This Web site and all content included on this site, such as product photos, text, graphics, logos, icons, and images are the copyrighted property of Humboldt Gardens, Inc.. All Rights Reserved. Any commercial usages or reproduction of the content on contained on this site without the prior written permission from Humboldt Gardens, Inc. is forbidden by law.

TRADEMARKS

Humboldt Gardens, Inc., humboldtgardens.com, and other graphics, logos, and service names in relation to Humboldt Gardens, Inc. are trademarks of Humboldt Gardens, Inc.. The trademarks of Humboldt Gardens, Inc. may not be used in connection with any product or service that is not of Humboldt Gardens, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Humboldt Gardens, Inc.. All other trademarks not owned by Humboldt Gardens, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Humboldt Gardens, Inc..

DISCLAIMER

THIS SITE IS PROVIDED BY Humboldt Gardens, Inc. ON AN "AS IS" BASIS. Humboldt Gardens, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Humboldt Gardens, Inc. reserves the right to make changes to the site, these disclaimers, and the terms and conditions at any time.

YOUR USE OF THE Humboldt Gardens, Inc. ONLINE STORE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE ONLINE STORE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Humboldt Gardens, Inc. ONLINE STORE.

Ownership of Website and Content

Humboldt Gardens, Inc. owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of USA and may not be used without written permission by Humboldt Gardens, Inc.. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Humboldt Gardens, Inc. or of the relevant trade mark owner.

Security

Humboldt Gardens, Inc. cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Humboldt Gardens, Inc. provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Humboldt Gardens, Inc. may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Humboldt Gardens, Inc. provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Humboldt Gardens, Inc. will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Governing Law

Humboldt Gardens, Inc. operates this website from its offices within California. The laws of the State of California govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of California. You agree to be responsible for compliance with applicable local laws if you access this website outside California.

3. TERMS OF PRODUCT PURCHASE

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Humboldt Gardens, Inc. products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Humboldt Gardens, Inc. once Humboldt Gardens, Inc. accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Humboldt Gardens, Inc. if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorized person uses your username and password.

Site Content.

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any. Color/Product Description. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

Your Account Obligations.

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.