Terms and Conditions

Agreement to Terms

By accessing and using ZonedGarden.com (“Website”), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Website or purchase our products.

ZonedGarden.com is a sole proprietorship operated in New York, USA, specializing in plants, gardening tools, flowers, and bouquets.

Definitions

  • “We,” “us,” or “our” refers to ZonedGarden.com
  • “You” or “your” refers to the user or customer
  • “Products” refers to plants, flowers, bouquets, gardening tools, and any other items available for purchase on our Website

Use of Website

Eligibility

You must be at least 18 years old to make purchases on our Website. By using this Website, you represent that you meet this age requirement and have the legal capacity to enter into binding contracts.

Account Creation

When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your password and account credentials
  • Update your information promptly if it changes
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use or security breach

You are responsible for maintaining the confidentiality of your account information.

Prohibited Activities

You agree not to:

  • Use the Website for any unlawful purpose
  • Attempt to gain unauthorized access to our systems, servers, or networks
  • Interfere with the proper functioning of the Website
  • Use automated systems, bots, or scripts to access the Website without permission
  • Reproduce, duplicate, copy, sell, or exploit any content without authorization
  • Upload viruses or malicious code
  • Collect user information without consent
  • Impersonate another person or entity

Product Information and Pricing

Product Descriptions

We strive to provide accurate descriptions and images of our plants, flowers, bouquets, and gardening tools. However:

  • Natural products (plants, flowers) may vary in appearance, size, and color
  • Product images are for illustration purposes and may not reflect exact appearance
  • We reserve the right to correct errors in product descriptions or pricing

Pricing

  • All prices are displayed in USD (or local currency for international customers)
  • Prices are subject to change without notice
  • We reserve the right to modify or discontinue products at any time
  • Promotional prices are valid only during the specified promotion period

Product Availability

All products are subject to availability. Due to the living nature of plants and flowers:

  • Seasonal availability may affect product selection
  • We may substitute similar plants or flowers if exact varieties are unavailable
  • We will contact you if substitutions are necessary
  • We reserve the right to limit quantities or refuse orders

Orders and Payment

Order Acceptance

Your receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for reasons including:

  • Product unavailability
  • Errors in product or pricing information
  • Suspected fraudulent activity
  • Inability to ship to your location due to regulations
  • Violation of these Terms

Payment

  • Payment is due at the time of order placement
  • We accept major credit cards, debit cards, and other payment methods displayed at checkout
  • All payments are processed securely through third-party payment processors
  • We do not store complete credit card information
  • Payment must be received before order shipment

Taxes

You are responsible for all applicable sales taxes, VAT, duties, and other governmental charges based on your shipping location (USA, UK, Australia, or Canada).

Shipping and Delivery

We ship to the USA, UK, Australia, and Canada. For detailed information about shipping methods, costs, and delivery timeframes, please refer to our Shipping Policy.

Important: Title and risk of loss pass to you upon delivery to the carrier. We are not responsible for delays caused by the shipping carrier or customs processing.

Returns and Refunds

14-Day Return Policy

We accept returns within 14 days of delivery for most products, subject to the following conditions:

  • Items must be in their original condition
  • Gardening tools must be unused and in original packaging
  • You must contact us within 14 days of receiving your order

Return Process

To initiate a return:

  1. Contact our customer service at info@zonedgarden.com within 14 days
  2. Provide your order number and reason for return
  3. Wait for return authorization and instructions
  4. Ship items back using a trackable shipping method

Refunds

  • Refunds will be processed to the original payment method within 7-10 business days after we receive and inspect the returned item
  • Original shipping costs are non-refundable unless the return is due to our error
  • You are responsible for return shipping costs unless the item is defective or we made an error

Non-Returnable Items

The following items cannot be returned:

  • Live plants and flowers (except within 7 days if delivered dead, diseased, or significantly damaged)
  • Fresh bouquets (except if delivered dead or severely damaged within 48 hours)
  • Clearance or final sale items
  • Gift cards
  • Personalized or custom items

Live Plant and Flower Guarantee

If your plants or flowers arrive dead, diseased, or severely damaged:

  • Contact us within 7 days of delivery with photos
  • We will provide a replacement or refund at our discretion
  • Damage must be reported immediately upon delivery

We are not responsible for plant health issues resulting from:

  • Improper care after delivery
  • Unsuitable growing conditions
  • Extreme weather exposure
  • Delayed unpacking after delivery

Intellectual Property

All content on this Website, including:

  • Text, graphics, logos, images, and photographs
  • Product descriptions and designs
  • Website layout and design
  • Trademarks and brand names

is the property of ZonedGarden.com and is protected by United States and international copyright and trademark laws. You may not use, reproduce, modify, or distribute any content without our express written permission.

Disclaimers

Website “As Is”

The Website is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding:

  • The Website’s operation or availability
  • Accuracy of content or product information
  • Uninterrupted or error-free service

Product Disclaimers for Living Products

Important: Plants and flowers are living organisms. We cannot guarantee:

  • Specific growth rates or sizes
  • Blooming or flowering times
  • Survival in your specific climate or conditions
  • Exact appearance matching photographs

Success with plants depends on:

  • Proper care and maintenance
  • Suitable climate and growing conditions
  • Soil quality and environmental factors
  • Following provided care instructions

You acknowledge that gardening involves inherent risks and variability.

No Growing Guarantees

We are not responsible for:

  • Plants that fail to thrive due to improper care
  • Damage from pests, diseases, or weather after delivery
  • Incompatibility with your local climate
  • Failure to follow care instructions

Limitation of Liability

To the fullest extent permitted by law:

ZonedGarden.com shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from:

  • Use or inability to use the Website
  • Products purchased
  • Unauthorized access to your account
  • Errors or omissions in content
  • Plant or flower failure after proper delivery

Our total liability for any claim shall not exceed the amount you paid for the specific product in question, or $100, whichever is less.

Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless ZonedGarden.com, its owner, and affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising from:

  • Your use of the Website
  • Violation of these Terms
  • Violation of any rights of another party
  • Your product reviews or submitted content

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York and the United States, without regard to conflict of law principles.

Jurisdiction

For customers in the USA, any disputes shall be resolved in the state or federal courts located in New York.

For international customers (UK, Australia, Canada), disputes may also be subject to local consumer protection laws in your jurisdiction.

Informal Resolution

Before filing any formal claim, you agree to contact us at legal@zonedgarden.com to attempt to resolve the dispute informally.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with an updated “Last Updated” date.

Material changes will be communicated via:

  • Email notification to account holders
  • Prominent notice on the Website

Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Shipping Policy, constitute the entire agreement between you and ZonedGarden.com regarding your use of the Website.

Contact Information

For questions about these Terms and Conditions, please contact us:

ZonedGarden.com
Email: info@zonedgarden.com
Business Location: 47 W 13th St, New York, NY 10011USA

Customer Service Hours: Monday – Friday, 9:00 AM – 6:00 PM EST

By using ZonedGarden.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.