Terms of Sale and Use AggreementTERMS AND CONDITIONS OF USE GENERAL This web site of Hobirn, Inc. d/b/a Homegrown Hydroponics (hereinafter, the “Company”) provides content (“Content”) for both the public and its customers. These Terms of Use (these “Terms” or this “Agreement”) constitute a binding legal agreement between you and the Company. By using this web site you are acknowledging that you have read, understood, and agree to be bound by these terms and conditions of use, as well as all applicable governing laws and regulations. Acceptance: Your use of this website and any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by the Company. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease to use the web site. The Company reserves the right to change or modify all or part of this agreement at any time, without prior notice, effective immediately upon publication on this site. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound. USE Copyright: The Content is the property of the Company or its licensors, and is protected by copyright and other intellectual property laws. Trademark: The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of homegrown-hydroponics.com and others. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. The Company enforces its intellectual property rights to the fullest extent of the law.
Restrictions: Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of the Company. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of the Company. You may use Content individually or within your company, but copying and distributing Content to third parties from this web site is forbidden.
ORDER ACCEPTANCE POLICY
For all orders which are shipped outside of the United States, the customer is responsible for and all international duties, tariffs and/or import fees which may be imposed. No order may be cancelled or charged back as a result of the imposition of any international duties, tariffs and/or import fees. As an international customer, you acknowledge sole and full responsibility for all international duties, tariffs and/or import fees, and understand and expressly agree that the Company will not issue any refund under any circumstances because of circumstances relating, directly or indirectly, to the imposition of any such international duties, tariffs and/or import fees.
TYPOGRAPHICAL ERRORS AND PRICING POLICY
The Company provides custom goods in a timely fashion. In this regard, custom manufacture of your product commences once an order is placed. All units are custom built and custom parts are ordered for each customer. Accordingly, all sales are final. Because every unit is custom built and custom parts are ordered for each unit, the Company cannot issue a full refund. If you cancel an order that you place within 48 hours after you place it, we'll refund any deposit you make except a $500 cancellation fee. If you cancel the order after 48 hours, we will not be able to issue any refund and you will be charged the full amount. This non-cancellation policy is absolute, and if a partial order has been shipped, you will not be able to cancel the remainder of the order. By placing an order, you are warranting that you have studied and are familiar with all product specifications and accept the goods with the understanding that they conform to all requirements of space and design of the room in which the goods are ultimately to be housed. The Company bears no liability whatsoever for attempted chargebacks or return of non-defective goods. LOST OR DAMAGED FREIGHT. All goods are shipped via common carrier FOB – Weston, Florida. Shipments of the Company’s products leave the factory in perfect condition. While the Company assumes all freight charges, title to the goods passes to the CUSTOMER at the moment that possession is taken by the delivering carrier. If a product is delivered short or in a damaged condition, it is the responsibility of the delivering carrier, and not the responsibility of the Company. CUSTOMERS MUST TAKE CARE WHEN RECEIVING SHIPMENTS TO INSPECT THE CARTONS AND THE MERCHANDISE FOR DAMAGE BEFORE SIGNING THE DELIVERY RECEIPT. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO COMPLETELY UNPACK THE UNIT TO INSPECT FOR DAMAGE BEFORE ALLOWING THE DELIVERING DRIVER TO LEAVE. IN THE EVENT OF ANY SHORTAGE OR DAMAGE, THE CUSTOMER MUST FULLY DESCRIBE SUCH SHORTAGE OR DAMAGE ON THE BILL OF LADING PRIOR TO SIGNING FOR RECEIPT OF THE SHIPMENT. FURTHER, IF A PRODUCT IS FOUND TO BE DAMAGED AFTER BEING REMOVED FROM ITS CARTON, THE CUSTOMER SHOULD ASK THE CARRIER TO FILL OUT A “CONCEALED DAMAGE REPORT.” IN THE EVENT OF ANY DAMAGE OR SHORTAGE, THE CUSTOMER SHOULD ALSO NOTIFY THE COMPANY IMMEDIATELY. IF A SHORTAGE IS DETERMINED TO BE DUE TO OVERSIGHT OR BACKORDER, THE COMPANY WILL, AT ITS SOLE EXPENSE, SHIP THE MISSING PART(S) AS SOON AS IT BECOMES AVAILABLE. THE COMPANY DOES KEEP A STRICT INVENTORY OF ALL COMPONENT PARTS THAT ARE SHIPPED WITH EACH ORDER; ACCORDINGLY, WHILE THE COMPANY MAINTAINS A POLICY OF GIVING A GOOD FAITH BENEFIT OF THE DOUBT TO THE CUSTOMER IN REPLACING MISSING COMPONENT PARTS, THE COMPANY RESERVES THE RIGHT TO MAKE AN ULTIMATE DETERMINATION AS TO WHETHER A COMPONENT PART WAS SHORT UPON DELIVERY DUE TO AN OVERSIGHT OR BACKORDER. IT IS IMPERATIVE THAT THE CUSTOMER TAKE HEED THAT FAILURE TO INDICATE ANY SUCH SHORTAGE OR DAMAGE ON THE BILL OF LADING OR TO REQUEST THAT THE CARRIER FILL OUT A ‘CONCEALED DAMAGE REPORT” MAY RELIEVE THE CARRIER OF ALL LIABILITY AND RESULT IN THE CUSTOMER’S BEARING THE LOSS OF SHORTAGES OR DAMAGES INCURRED IN TRANSIT. ACCORDINGLY, IT IS IMPERATIVE THAT THE CUSTOMER THOROUGHLY EXAMINE THE SHIPPED GOODS PRIOR TO ACCEPTANCE.
THE COMPANY IS NOT RESPONSIBLE FOR LOST OR DAMAGED FREIGHT. FREIGHT CLAIMS MUST BE FILED AGAINST THE DELIVERING FREIGHT CARRIER NAMING THE COMPANY AS A THIRD-PARTY BENEFICIARY OF THE CLAIM. DO NOT SEND DAMAGED PARTS OR UNITS BACK TO THE COMPANY FOR REPAIR OR REPLACEMENT. UPON ACCEPTANCE BY THE FREIGHT CARRIER OF A CLAIM FILED BY A CUSTOMER DIRECTLY AGAINST IT AND INDEMNIFICATION FROM THE FREIGHT CARRIER’S INSURER, THE COMPANY WILL RESEND REPLACEMENT PARTS OR UNITS.
IF A CUSTOMER REFUSES DELIVERY OF A SHIPMENT FOR ANY REASON (INCLUDING, BUT NOT LIMITED TO, RECEIPT OF A SHIPMENT CONTAINING A SHORTAGE IN PARTS), OR IF A SHIPMENT IS RETURNED TO THE COMPANY AS UNDELIVERABLE, THE COMPANY WILL NOT ACCEPT ANY RETURNED GOODS AND WILL NOT ISSUE ANY REFUND. FURTHER, THE COMPANY WILL AGGRESSIVE CONTEST ANY ATTEMPTED CHARGEBACK (INCLUDING ATTEMPTED CHARGEBACKS FOR RECEIPT OF A SHIPMENT CONTAINING A SHORTAGE IN PARTS). IN THE EVENT THAT A SHIPMENT IS REFUSED OR RETURNED UNDELIVERABLE, THE COMPANY WILL CHARGE THE CUSTOMER FOR ANY ADDITIONAL FREIGHT CHARGES THAT ARE INCURRED, INCLUDING ADDITIONAL FREIGHT CHARGES FOR SUBSEQUENT SHIPMENT(S) OF AN ORDER TO A MODIFIED OR CORRECTED ADDRESS. WARRANTIES
All of the Company’s units contain an express 30-day warranty on all non-consumable parts. The customer has 30 days from the date of delivery to send back any broken components. In the event that any component does break within 30 days from the date of delivery, the customer must send back the broken component only, and the Company will replace the broken component. DO NOT SEND THE ENTIRE UNIT BACK TO THE COMPANY FOR REPAIR. The warranty against component breakage contained in this paragraph does not extent to component parts that wear out, to wit: light bulbs, fans, and carbon filters. Upon the expiration of the 30-day warranty provided by the Company against component breakage, product components shall continue to carry the manufacturer’s warranty and claims based on such extended warranties should be made directly through the manufacturer.
This web site and the advertisements appearing hereon fully detail the Company’s products to the best of the Company’s ability. The Company warrants that the products which are offered on its web site are clearly and accurately photographed and are described and demonstrated with as much precision as is practicable. Accordingly, the Company is not responsible and can not be held liable for “buyer’s remorse” based on any misunderstandings a customer may have about the Company’s products’ design or function.
The Company includes a Hydroponics Basics booklet with every unit, as well as written instructions for the use of individual components. The Company maintains a policy of providing continuing free technical support by telephone throughout the life of its products. The Company reserves the right to refuse to provide such technical support if, in its sole discretion, it determines that a customer is abusive, harassing, or unduly burdensome.
The Company expressly disclaims all liability for personal injury or property damage resulting from the use of our units.
By accepting a unit from the Company, the customer warrants to exercise all reasonable care to abide by the following common sense guidelines in the use of the product:
(1) Ensure that there is a space of at six inches (6”) between the top of the plants and the light, to avoid risk of fire; (2) Keep all exhaust and intake fans running at all times (24 hours a day, 7 days a week) in order to prevent heat build-up; (3) Do not stick fingers in or near the fans; (4) Ensure that leaves are kept clear of fans; (5) Do not overload electrical outlets by plug-in of too many devices; (6) Do not allow the unit to run out of water; (7) Do not operate the unit in extreme hot or cold environments (i.e., the unit should be operated at ambient temperatures between 30°F and 110°F; (8) Do not operate the unit in or around water spray, rain or ground water.
ALL OF THE COMPANY’S PRODUCTS ARE SOLD FOR THE EXCLUSIVE PURPOSE OF GROWING CULINARY HERBS, FRUITS AND VEGETABLES ONLY. THESE ITEMS ARE MEANT TO BE USED IN ACCORDANCE WITH ALL APPLICABLE LAWS OF YOUR COUNTRY OR REGION. IT IS EXPRESSLY FORBIDDEN TO USE ANY PRODUCT OBTAINED FROM THIS WEB SITE IN AN ILLEGAL MANNER, OR A MANNER OTHER THAN WHAT THE PRODUCT WAS INTENDED FOR. IT IS ILLEGAL TO USE PRODUCTS PURCHASED FROM THIS SITE TO GROW ILLEGAL PLANTS SUCH AS CANNABIS AND THE USE THEREFORE IS STRICTLY FORBIDDEN. THE COMPANY DOES NOT ENDORSE THE GROWING OF ILLEGAL PLANTS AND EXPRESSLY RESERVES ITS RIGHT NOT TO SELL ITS PRODUCT(S) TO CUSTOMERS WHO MAKE KNOWN THAT THEIR INTENT IS TO USE THE PRODUCT FOR ILLEGAL PURPOSES. THE COMPANY HIGHLY DISCOURAGES CUSTOMERS FROM MAKING VERBAL OR WRITTEN INQUIRY PERTAINING TO THE GROWING OF ILLEGAL CROPS AND SHALL NOT RESPOND TO ANY SUCH INQUIRIES. THE CUSTOMER WARRANTS TO USE ALL THE COMPANY’S PRODUCTS FOR THEIR INTENDED PURPOSE AND EXPRESSLY INDEMNIFIES THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM THE MISUSE, OR ILLEGAL USE, OF THE COMPANY’S PRODUCTS.
The Company will utilize its best efforts to build and ship all units in a reasonably timely manner. Customer understands and agrees that all units are custom built per order. While most units ship in 7-12 days from the date that payment is received, it could take up to 6-8weeks, or more, to ship special order and out of stock items. In addition to the preparation time for completion of your custom order prior to shipment, allow for up to five (5) days for crating and transit time for delivery of your order. The Company’s Refund Policy (see above) expressly applies to all orders, including special orders which require more than 1-2 weeks to complete and ship.
DISCLAIMER OF WARRANTY
PROMOTIONS
The Company maintains a “free nutrients for a year” promotion. This means that the customer will receive one package of nutrients at the time their unit is shipped. Additionally, customers can receive more nutrients free of charge for up to one year from the date of the original order. There is a $15 per package shipping and handling charge which must be prepaid before additional nutrients are shipped.
The Company maintains a “free mini-herb dryer” promotion as a perquisite as to all orders in an amount greater than $1,200, exclusive of shipping and handling charges, which consist of units involving motor freight (such as PC Grow Boxes and AeroGardens.
All company promotions are subject to cancellation at any time and for any reason. Company promotions are understood to consist of goods which are provided gratuitously to customers, with neither benefit to the Company nor detriment to the customer; as such, customer understands and agrees that it has no recourse against the Company whatsoever as a result of the cancellation of any promotion.
TRANSMISSIONS Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company for any purpose whatsoever. All personal data provided to the Company will be handled in accordance with the Privacy Policy contained herein. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law. PRIVACY POLICYThe Company understands your privacy is important. The information we learn from customers helps us personalize and continually improve your shopping experience at Homegrown-hydroponics.com. We provide this notice in accordance with applicable state and federal laws and because you are a current or potential customer of the Company. This notice will help you understand what types of nonpublic personal information - information about you that is not publicly available - we may collect, how we use it and how we protect your privacy. Here are the types of information we gather.
Automatic Information: We
receive and store certain types of information whenever you interact with us.
For example, like many Web sites, we use "cookies," and we obtain certain types
of information when your Web browser accesses homegrown-hydroponics.com. A
number of companies offer utilities designed to help you visit Web sites
anonymously. Although we will not be able to provide you with a personalized
experience at homegrown-hydroponics.com if we cannot recognize you, we want you
to be aware that these tools exist. Without cookies, portions of our site will
not function properly. E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from homegrown-hydroponics.com if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your communication preferences. We will send you emails regarding your order, as needed to complete our obligation to you. Occasionally news letters or updates may be sent if you selected to receive newsletters. Subscriptions can be cancelled at any time by selecting unsubscribe.
We do not sell nonpublic personal information about our customers to third parties, i.e., companies or individuals that are not affiliated with the Company.
We do not disclose any nonpublic personal information about our customers to anyone, except as permitted by law or for which you have provided your consent.
Our Privacy Policy applies to both current and former customers. The Company reserves the right to change any of its privacy policies and related procedures at any time, in accordance with applicable federal and state laws. You will receive appropriate notice if our privacy policy changes. This Privacy Notice is provided to you for informational purposes only. You do not need to call or take any action in response to this notice. We recommend that you read and retain this notice for your personal files.
GOVERNING LAW
Any claim arising out of the use of this site or transaction incidental thereto shall be governed by the laws of the State of Florida, without regard to its conflict of laws rules, and Florida will be the sole jurisdiction and venue for any litigation arising out of the use of this site or arising from transactions incidental thereto. By agreeing to these terms and conditions, you are consenting to personal jurisdiction in the State of Florida. Venue for any legal action arising out of the use of this web site shall be in the county or circuit courts of Broward County, Florida, or the federal court of the Southern District of Florida. ATTORNEY’S FEES The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses, including any expenses incurred as a result of the enforcement of any judgment. NON-WAIVER A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time. ENTIRE AGREEMENT This Agreement sets forth the entire understanding and agreement between you and the Company. SEVERABILITY If any provision of this Agreement is held void or unenforceable, that determination will not affect: (1) the provision's application in other circumstances; (2) other provisions in this Agreement; or (3) this Agreement's validity or enforceability as a whole. HEADINGS The use of headings is for convenience and will not affect the interpretation of this Agreement. |
