The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
An order is not binding upon MiniatureGardenShoppe.com until it is accepted; MiniatureGardenShoppe.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with MiniatureGardenShoppe.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
By accepting delivery of any product delivered from MINIATUREGARDENSHOPPE.COM ("MINIATUREGARDENSHOPPE.COM "), you ("Customer") agree to be bound by the terms and conditions listed below. You and MINIATUREGARDENSHOPPE.COM agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and MINIATUREGARDENSHOPPE.COM. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from MINIATUREGARDENSHOPPE.COM.
All content appearing on this Web site is the property of:
Miniature Garden Shoppe
19921 W. Forney Road, Brimfield, IL 61517
Copyright © 2011-2013 Miniature Garden Shoppe. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2011-2013 Miniature Garden Shoppe. All rights reserved.
- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Miniature Garden Shoppe and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Miniature Garden Shoppe believes that customer conduct violates applicable law or is harmful to the interests of Miniature Garden Shoppe and its subsidiaries.
Information Collection and Use
MinatureGardenShoppe.com is the sole owner of information collected on this site. We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our customers to process orders and better serve you with pertinent information, such as order confirmations and order status updates. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card number. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your user name and password remain confidential, DO NOT share this information with anyone. If you elect to receive our newsletter or special promotions, your contact information will be used for the delivery of these items.
In order to process your orders placed on this website, you will be asked to complete a registration form. During registration, you will be required to provide your contact information, which includes your name, e-mail address, telephone number and street address. This information is used to provide you with important services such as automated order status updates via e-mail. Order Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit card number, expiration date and security code. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use this contact information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system.
We customize certain Web page content based upon your browser type and other information provided by our cookie. We will not share any personally identifiable information provided by this cookie with any third party. We will, however, link data stored in cookies to the personally identifiable information you submitted while on our site. This allows us to personalize your shopping experience.
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information, and we do not distribute or share IP information with any third parties.
MiniatureGardenShoppe.com does not sell products for purchase by children. If you are under the age of 18, you may only use MiniatureGardenShoppe.com in the presence of a consenting parent or guardian. We will not knowingly or intentionally collect personal information via the Internet from children under the age of 13. MiniatureGardenShoppe.com is committed to protecting the welfare and privacy of children.
This website contains links to other sites. Please be aware that MiniatureGardenShoppe.com is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
MiniatureGardenShoppe.com takes precautions to protect its customers' information. When you submit sensitive information via the website, your information is protected. When our registration/order form asks you to enter sensitive information (such as your credit card number), that information is encrypted and is protected with the best encryption software currently available in the industry - SSL. MiniatureGardenShoppe.com uses 128-bit encryption SSL to protect all financial transactions.
For customers who wish to opt-out and stop receiving MiniatureGardenShoppe.com special offers and related news, MiniatureGardenShoppe.com provides several ways to do so. They may send e-mails to sales@ MiniatureGardenShoppe.com with a request to be removed. Also, they may use the link provided in all sales@ MiniatureGardenShoppe.com communications to automatically unsubscribe.
MiniatureGardenShoppe.com 19921 W. Forney Road, Brimfield, IL 61517
- Shipping & Delivery
MiniatureGardenShoppe.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. MiniatureGardenShoppe.com will advise Customer of estimated shipping dates, but MiniatureGardenShoppe.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
MiniatureGardenShoppe.com offers shipping to the following destinations: United States, United Kingdom, Canada, Australia, Belgium, Mexico, Japan, Singapore, New Zealand, Turkey, Germany, Brazil and Spain.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Miniature Garden Shoppe is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
- Sales Tax
Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Illinois will be charged applicable sales tax according to your area's tax rate.
MINIATUREGARDENSHOPPE.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY MINIATUREGARDENSHOPPE.COM ARE NOT MANUFACTURED BY MINIATUREGARDENSHOPPE.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). MINIATUREGARDENSHOPPE.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. MINIATUREGARDENSHOPPE.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT. MINIATUREGARDENSHOPPE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH MINIATUREGARDENSHOPPE.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR MINIATUREGARDENSHOPPE.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Limitation of Liability IN ALL CIRCUMSTANCES MINIATUREGARDENSHOPPE.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. MINIATUREGARDENSHOPPE.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. MINIATUREGARDENSHOPPE.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT MINIATUREGARDENSHOPPE.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- Return Policy
All merchandise unless otherwise indicated may be returned within 14 days from the original invoice date for a refund or store credit. A return authorization number is required for all returns. A 5% restocking fee may apply. These terms apply to all refunds. Customers must inform MiniatureGardenShoppe.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly. Shipping and handling charges for returned item are the buyers responsibility. Please contact us at (773) 234-6464 or email@example.com to obtain a return authorization number. NO RETURNS WILL BE ACCEPTED WITHOUT AN ISSUED RETURN AUTORIZATION NUMBER.
- Store Hours
Customer service is available as defined on the Contact Us page of this Web site.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between MiniatureGardenShoppe.com and Customer shall be governed by the laws of the State of Illinois, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. MiniatureGardenShoppe.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Illinois, Henry County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against MiniatureGardenShoppe.com that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Illinois law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with MiniatureGardenShoppe.com invoice regarding the products ordered by Customer, are the complete and exclusive agreement between MiniatureGardenShoppe.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between MiniatureGardenShoppe.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Miniature Garden Shoppe shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Miniature Garden Shoppe with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Miniature Garden Shoppe with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Miniature Garden Shoppe. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.