Garden Genie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Throughout the site, the terms “we”, “us” and “our” refer to Garden Genie.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business reserves their respective rights to revise these Terms and Conditions at any time by updating this posting.You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Website
1. Acceptable Website Use:
(A) Security Rules: Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,
- Accessing data that is not intended for such a user or logging into a server or account that the user is not authorised to use.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or
- Sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules: Visitors may not use the website in order to transmit, distribute, store or destroy material
- That could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
- In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
- That is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
2. Use of Content
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
3. Purchases on the Website
a) These Terms apply to all purchases made by you and offers availed by you on or through the Website.
b) Product listings on the Website do not amount to an offer by us or a binding contract. The contract for purchase of any such product by you is concluded only when we explicitly confirm acceptance of your order in writing by email or by display of an acceptance message on the Website.
4. Accuracy & Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
a) The prices displayed for products on the Website may be inclusive of Goods and Services Tax (GST) and if not, then such GST shall be added separately to the cart. All the prices are in Indian Rupees (INR).
b) We reserve the right to charge for delivery of products. The final price displayed on the Website at the time of confirmation of purchase and making of the final payment shall be inclusive of all charges including delivery charges.
c) Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
a) We accept the following payment methods for purchases made on the Website:
(i) Credit or debit cards of most leading banks.
(ii) Net banking
(iv) Cash on delivery
By choosing to make any payments on or through the Website, you agree to all restrictions, terms and conditions associated with such form of payment.
b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
d) While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(i) Lack of authorization for any transaction/s, or
(ii) Exceeding the present limit mutually agreed by You and between “Bank/s”, or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason/s
e) The payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on Delivery, collection and remittance facility for the transactions undertaken on our Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction Price.
f) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Kindly view our Cancellation Policy for details.
8. Returns and Exchanges
Kindly view our Return, Refund and Cancellation Policy for details.
9. Delivery Specifications
a) You are responsible for ensuring that the details you have provided for delivery, including your address and other contact details, are accurate. If the details provided are incomplete or inaccurate, it may delay or otherwise lead to cancellation of your order, along with levy of a cancellation charge.
b) We may partner with third-party logistics service providers in order to deliver your purchased products to you. You agree that we may share your contact information, to the extent reasonably necessary, in order for such third-party logistics service providers to deliver your purchased products to you.
10. Product Warranty and Guarantee
a) We do not guarantee, represent or warrant that your use of our products will be error-free.
b) We do not warrant that the results that may be obtained from the use of the products will be accurate or reliable.
c) You expressly agree that your use of, or inability to use, the product is at your sole risk. The products delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11. Liability Limitation
In no case shall Garden Genie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree to indemnify and hold harmless, Garden Genie and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Website or purchases made through the Website.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Governing Law
These Terms of Service and any separate agreements, whereby we provide you Services, shall be governed by and construed in accordance with the laws and regulation of India.
15. Grievance Officer and Customer Care
Any discrepancies and grievances with respect to these Terms or purchases made by you on the Website, returns, cancellations, etc. may be addressed to the Grievance Officer designated by Garden Genie for this purpose in below mentioned mail id:
Email ID: email@example.com
By using our services, you agree to these Terms and Conditions. Please read them carefully and contact us if you have any questions or concerns.