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Terms of Service

TERMS AND CONDITIONS FOR BUYERS

LAST UPDATED: 03 June 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY BROWSING AND SHOPPING ON THE GARDENING KNOW HOW SHOP YOU AGREE TO THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RELATIONSHIPS WITH GARDENING KNOW HOW. GARDENING KNOW HOW IS NOT THE SELLER OF THE GOODS AND SERVICES OFFERED ON THE GARDENING KNOW HOW SHOP. GOODS AND SERVICES SOLD WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIRD PARTY SELLERS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

  1. How the Gardening Know How Shop works.

    (a) The Gardening Know How Shop is provided by Gardening Know How, which is a publication of Future US, LLC. In these terms and conditions we may refer to ‘Gardening Know How’, ‘us’, ‘our’, or ‘we’. When we use those terms, we mean Future US LLC. We may refer to the Gardening Know How Shop as just ‘the Shop’. We refer to these terms and conditions as ‘Terms’.

    (b) If you make a purchase from the Shop, you are not buying from Gardening Know How. You are buying from a ‘Seller’. Sellers are third parties who use the Shop as a platform to sell their products and services. We may make a commission from any sales or other transactions you enter into with Sellers on the Shop.

    (c) Sellers are responsible for their own products and services. Sellers are responsible for the descriptions of their goods and services. Sellers are also responsible for providing their own customer service care, shipping, and other sales policies. We require Sellers to behave reasonably, ensure their goods and services are as they describe them, that their pricing is clear, that they comply with applicable laws, and otherwise fulfill the promises they make to you. However, it is their responsibility to you to do those things, and we make no promises or guarantees on their behalf. We do not screen the products and services Sellers make available. The fact they may appear on the Shop does not mean that Gardening Know How endorses those products and services. There is further information about warranties and the scope of our liabilities to you in section 6 of these Terms.

    (d) Sellers may impose their own terms and conditions of sale. Sellers’ terms and conditions of sale will apply in addition to these Terms. We will ask Sellers to take steps to ensure that their terms do not conflict with these Terms, but if they do, these Terms will apply – but only to the extent required to resolve the conflicting terms.

    (e) If you purchase any custom items, you will be solely responsible for ensuring that the information you provide is accurate.

    (f) In order for Sellers to send you the items you buy, we will need to give them certain personal data concerning you, including your address. If you are not comfortable with that, you should not use the Shop. Please see section 9 of these Terms for further data protection information.

    (g) For buyers in the US, payments are processed by Stripe, Inc. Stripe is a third party payment processor. Your use of Stripe to make payment is subject to the Stripe Consumer Terms of Service here. You can view their Privacy Policy here.

    (h) Refunds, returns, and cancellations are the responsibility of the Seller and will be subject to the Seller’s terms and conditions. If you have any questions you should direct them to the Seller.

    (i) We may need to update or amend Terms. If we do so, we will update them here. We won’t provide any other notice. Any changes to the Terms will be in effect as of the "Last Updated " date referenced on this page.

    (j) We will have the right to change or discontinue parts of the Shop at any time. We will not need to notify you in advance if we do that.

  2. Order Acceptance and Cancellation.

    (a) agree that your order is an offer to buy all the products and services listed in your basket at the time you place your order. All orders must be accepted by the Seller. If your basket contains goods or services from more than one Seller, then each part of the order must be accepted by each applicable Seller. If a Seller does not accept your order, they will not be obliged to complete it. Sellers may choose not to accept orders at their discretion, even if they have sent you a confirmation email after you have ordered. If your basket contains items from multiple Sellers, then cancellation by one Seller will not result in the cancellation of any other order in your basket, unless the other Seller(s) also cancel your order.

    (b) We may also cancel your order. We may do this for any reason, including availability of goods or services; errors in descriptions; errors in your order; or because of mistakes made by a Seller.

  3. Prices and Payment Terms.

    (a) Sellers are responsible for pricing. All prices, discounts, and promotions posted on this Shop are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless specified. Additional charges for shipping and handling may be added dependent on your location and order. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. On behalf of Sellers, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    (b) If we include any sales or promotions on the Shop, they may be subject to separate terms and conditions. Those separate terms and conditions will apply in addition to these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will apply.

    (c) Payment must be received by us before a Seller can accept an order. You represent and warrant that (i) you are duly authorized to use the payment card you use for the purchase, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Shop at the time of your order.

  4. Shipments and delivery.

    (a) Sellers will be responsible for shipping. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs Sellers incur in the processing, handling, packing, shipping, and delivery of your order.

    (b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in, problems with, or damage caused by, shipment. You are responsible for all shipping and handling charges on returned items unless otherwise specified.

  5. Returns and Refunds. Refunds and returns are the responsibility of the Seller. Please check the Seller’s terms and conditions of sale and any other information they may provide you carefully before you make a purchase on the Shop.

  6. Warranties and Disclaimers.

    (a) We do not manufacture or control any of the products or services offered on our Shop.

    (b) The Shop may contain links to third parties’ websites. We have no control over those other sites and do not assume any responsibility or liability in relation to them.

    (c) The availability of products or services through our Shop does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Shop. However, the products and services offered on the Shop may be sold with warranties provided by the applicable Seller. Please refer to the individual Seller’s terms.

  7. Our Warranties (a) OUR SERVICES (INCLUDING THE OPERATION OF THE SHOP) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WE DO NOT GUARANTEE THAT THE SHOP WILL BE SECURE OR FREE FROM INTERUPTIONS; THAT THE SHOP WILL BE FREE FROM VIRUSES OR CONTENT THAT MAY CAUSE HARM; THAT ERRORS WILL BE CORRECTED; OR THAT THE SHOP WILL OPERATE IN LINE WITH YOUR EXPECTATIONS. YOUR USE OF THE SHOP IS AT YOUR OWN RISK.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

We do not provide any warranty in relation to Sellers’ products or services. You should perform your own checks to ensure suitability for your purposes. If a Seller offers you any warranty or any other right, your sole recourse in relation to that warranty or right is against the Seller and not against us.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE GREATER OF (I) THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SHOP; AND (II) $100 (US). Limitation of Liability.

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

  1. Your use of products and services purchase on the Shop.

    (a) You represent and warrant that you are buying products or services from the Shop for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

    (b) You must not use any of the products or services you purchase on the Shop for anything that is unlawful, or for any purpose that is not the purpose intended for the particular product or service.

  2. Privacy. Our Privacy Policy, available here, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Shop. We will need to provide Sellers with your personal data so that they can send you the items you buy on the Shop. The information we provide to them will include your name, address, email address, and payment confirmation. It may be necessary to provide Sellers with other personal data relating to your purchasers.

  3. Your account.
    (a) Your account is your responsibility.  Please do not let anyone else use your account.

    (b) If you contact anybody else using the Shop, you must act reasonably, honestly, and lawfully.  You must not use the Shop to harass or abuse anyone, including Sellers.

    (c) We may enable confirmed purchasers to leave reviews.  If you do so, then you must ensure that the review you leave: (i) is fair and objective; (ii) is not misleading or deceptive; (iii) does not include private or confidential information; (iv) does not blame the Seller or us for matters outside of our respective control; or  (v) does not contain any content which is unlawful, obscene, or might cause offense. (vi) We can remove any review at any time at our sole discretion.

    (d) If you leave a review or otherwise upload any material (such as written content or a photograph) to the site, you warrant that it is your own material and that we can use it on the site in perpetuity.

    (e) You must not request or encourage Sellers to conduct transactions off-site, away from the Shop.

    (f) We may terminate or suspend your account or prevent you from accessing the Shop if we have reason to believe you have breached these Terms, or if you have behaved unlawfully, or done anything which we reasonably believe may be damaging to us, the Shop, or to any Seller.  These Terms will continue to apply even if we terminate or suspect your account.

  4. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  5. Governing Law. This Shop is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

  6. Dispute Resolution and Binding Arbitration.

    We are not responsible for the products and services sold on the Shop. If you have any concerns about something you have bought from the Shop, you should direct your concern to the Seller. You are required to attempt in good faith to resolve all disputes informally - whether between us, or between you and a Seller.

    If your concern relates to something we have done in respect of the Shop, the provisions in this section 12 will apply.

    (a) YOU AND GARDENING KNOW HOW ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SHOP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    (b)The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  7. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  8. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gardening Know How.

  9. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  10. Notices.

    (a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Shop. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

    (b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Gardening Know How, Future US LLC, 7th Floor, 130 West 42nd Street, New York, NY, 10036. We may update address for notices to us by posting a notice on the Shop or by updating these Terms. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.

  11. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  12. Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.