Terms and Conditions

Before continuing with the checkout process, you must read and agree to the following Terms and Conditions of Sale:

BINDING AGREEMENT
The limit of the responsibility  Flowers From The Secret Garden (the “Seller”) for all purchases that you make through the Seller web site (this “Site”) is expressed in these Terms and Conditions of Sale and the Terms of Use for this Site, which are incorporated herein by reference, as they may be amended from time to time. When purchasing a product or replacement part, you (the “Buyer”) agree to all of these terms and conditions by clicking on the “Checkout” button.

ENTIRE AGREEMENT
The provisions of these Terms and Conditions of Sale constitute the entire contract between the Seller and the Buyer and supersede all prior proposals, purchase orders, correspondence and other communications, whether written or oral, between the Seller and the Buyer. No provision of these Terms and Conditions of Sale shall be subject to change except by the written authorization of a properly authorized representative of the Seller. The Seller hereby objects to any additional, different or conflicting terms or conditions set forth in any Buyer purchase order. No terms, provisions, or conditions of any Buyer purchase order shall be effective unless expressly accepted by the Seller in writing.

PRICES/PAYMENT
Unless otherwise specified in the checkout process, payment for all purchases must be at the time of purchase. All payments shall be in the legal currency of the Ireland unless otherwise designated in the checkout process. All prices are subject to change by the Seller without notice. Pricing errors may be corrected at any time. The Seller may, at any time and without obligation, suspend performance or require payment in cash, security, or other adequate assurances satisfactory to the Seller when, in the opinion of the Seller, in its sole discretion, the financial circumstances of the Buyer warrant such action.

TAXES AND DUTIES
The Buyer will be charged the amount of all applicable taxes.

 

DELIVERY
Orders for items in stock will ship within three business day. All orders will be sent via courier, or by any other shipment method selected by the Buyer from the options offered to the Buyer during the checkout process. Shipping dates given by the Seller are approximate. The Seller will use its best efforts to meet the scheduled date, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or damages of any character. In the event of any delay requested by the Buyer or any delay caused by erroneous or inadequate shipping instructions, the Seller will store all items ordered at the Buyer’s expense and risk for a reasonable period of time.

TITLE AND RISK OF LOSS
Risk of loss or damage to the equipment or goods shall pass to the Buyer Ex-Works Seller’s factory. The Buyer will keep all items not paid for in advance insured to the full purchase price with the Seller as the named loss payee and the Seller retains a security interest in the equipment or goods until the purchase price is paid.

RETURNS

Items are made to order so non-returnable. Should there be a fault or damages these must be notified immediately, along with images.   Email: info@thesecretgardener.com

WARRANTY AND LIMITATION OF LIABILITY
All equipment and goods are warranted by the Seller to be free from defects in material and workmanship as follows:
THIS WARRANTY DOES NOT APPLY TO EQUIPMENT OR GOODS WHICH ARE MISUSED, OR ABUSED, OR DAMAGED FROM INSTALLATION, OR NOT USED IN ACCORDANCE WITH THE SELLER’S INSTRUCTIONS. NORMAL WEAR OF EQUIPMENT OR GOODS IS NOT INCLUDED IN THIS WARRANTY. THE SELLER’S SOLE LIABILITY UNDER THIS WARRANTY SHALL BE LIMITED TO EITHER REPLACING OR REPAIRING WITHOUT CHARGE, AT ITS FACTORY OR ELSEWHERE AT ITS DISCRETION, ANY EQUIPMENT OR GOODS NOT MEETING THIS WARRANTY, OR AT THE SELLER’S OPTION, REFUNDING THE PURCHASE PRICE. THE SELLER SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS CONTRACT OR OTHERWISE. The warranties of the Seller do not cover, and the Seller makes no warranty with respect to any defect, failure, deficiency, or error which is:

  1. not timely reported to the Seller; or
  2. due to misapplication, modification, disassembly, abnormal conditions of temperature, dirt or corrosive matter; or

GOVERNING LAW
THESE TERMS AND CONDITIONS OF SALE SHALL BE GOVERNED BY THE LAWS OF THE Republic of Ireland  (WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS). Any legal action to enforce any right granted by this contract must be filed within one (1) year after delivery, or for warranty claims, within one (1) year of the expiration of the applicable warranty period.

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