Last updated: September 20, 2024

Welcome to GardenCloth (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, GardenCloth.com (the “Site”), and the purchase of products from us. By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Site.

1. Acceptance of Terms

By using our Site, you confirm that you are at least 18 years old or accessing the Site under the supervision of a parent or guardian. Your continued use of the Site signifies your acceptance of these Terms and any future changes.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically for updates.

3. Use of the Site

3.1. Account Registration

• Accuracy of Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.
• Account Security: You are responsible for safeguarding your password and agree not to disclose it to any third party. You must notify us immediately of any unauthorized use of your account.

3.2. Prohibited Activities

You agree not to:

• Use the Site for any unlawful purpose.
• Violate any applicable laws or regulations.
• Transmit any harmful code or viruses.
• Attempt to gain unauthorized access to the Site’s systems or networks.
• Engage in any activity that could disable, overburden, or impair the functioning of the Site.

4. Products and Services

4.1. Product Descriptions

We strive to provide accurate descriptions of our products. However, we do not warrant that the descriptions are complete, reliable, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.

4.2. Pricing

• Currency: All prices are listed in U.S. dollars.
• Price Changes: Prices are subject to change without notice. We reserve the right to modify or discontinue products at any time.
• Sales and Promotions: Promotional offers may be limited to certain products and timeframes.

4.3. Availability

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to limit the quantity of products we supply.

5. Ordering and Payment

5.1. Order Acceptance

Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.

5.2. Payment Methods

We accept the following payment methods:

• PayPal
• Stripe (Credit/Debit Cards)

All payments are processed securely through these third-party payment processors. We do not store your payment information.

5.3. Payment Terms

• Authorization: By submitting an order, you authorize us to charge the designated payment method for the total amount of the order, including taxes and shipping fees.
• Payment Issues: If your payment method is declined, we will notify you, and your order may be canceled or delayed until payment is received.

6. Shipping and Delivery

6.1. Shipping Locations

We primarily operate in the United States and ship products within the U.S. Shipping to other countries may be available; please contact us for more information.

6.2. Processing Time

Orders are processed within 1-2 business days via our trusted printing companies. Processing times may vary during peak seasons or due to unforeseen circumstances.

6.3. Shipping Time

• Delivery Time: Shipping time is usually 2-5 business days after processing.
• Total Estimated Time: From the time you place your order until delivery, you can generally expect 3-7 business days.

6.4. Shipping Methods and Costs

• Flat Rate Shipping: A flat shipping fee of $6.90 applies to all orders under $60.
• Free Shipping: Orders totaling $60 or more qualify for free shipping.
• Shipping Method: We use standard shipping services provided by reputable carriers.

6.5. Delivery Times

Estimated delivery times are provided as guidelines and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather conditions, customs clearance (for international orders), or other unforeseen circumstances.

6.6. Risk of Loss

All products purchased are made pursuant to a shipment contract. Risk of loss and title pass to you upon our delivery of the products to the carrier.

7. Returns and Refunds

7.1. Return Policy

• Eligibility: Returns are accepted within 30 days of delivery for items that are unused, unwashed, and in their original condition with all original tags and packaging.
• Non-Returnable Items: Custom-made or personalized items may not be eligible for returns unless defective.
• Process: To initiate a return, please contact us at info@gardencloth.com or call us at +1 (360) 612-6693. Provide your order number and reason for return.

7.2. Refunds

• Method: Refunds will be issued to the original payment method.
• Timeframe: Please allow up to 10 business days for the refund to process after we receive the returned item.
• Shipping Costs: Original shipping costs are non-refundable unless the return is due to our error or a defective product.
• Restocking Fee: A restocking fee may apply for certain returns.

7.3. Exchanges

If you wish to exchange a product for a different size or style:

• Process: Contact us to arrange the exchange.
• Availability: Exchanges are subject to product availability.
• Shipping Costs: Additional shipping charges may apply.

7.4. Damaged or Defective Items

• Reporting: If you receive a damaged or defective item, please contact us within 7 days of delivery.
• Resolution: We will arrange for a replacement or refund at no additional cost to you.

8. Intellectual Property Rights

8.1. Ownership

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of GardenCloth or its content suppliers and is protected by United States and international copyright and trademark laws.

8.2. Limited License

You are granted a limited, non-exclusive, non-transferable license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or its contents.

8.3. Restrictions

You may not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission.
• Use any meta tags or any other “hidden text” utilizing GardenCloth’s name or trademarks without our express written consent.
• Use any automated tools or robots to access the Site for any purpose without our express written permission.

9. User-Generated Content

9.1. Submissions

By submitting any content (reviews, comments, photos, etc.) to the Site:

• License Grant: You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
• Moral Rights: You waive any moral rights you may have in such content.

9.2. Content Standards

You agree that any content you submit will not:

• Be unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Infringe on any intellectual property rights or other rights of any third party.
• Contain viruses, malware, or any other harmful software.

9.3. Monitoring and Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any user-generated content at our sole discretion.

10. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by GardenCloth. We have no control over and assume no responsibility for:

• The content, privacy policies, or practices of any third-party websites.
• Any products or services offered by third-party websites.

Accessing third-party links is at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

11. Disclaimer of Warranties

The Site and all content, products, and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to:

• Implied Warranties of Merchantability: Fitness for a particular purpose and non-infringement.
• No Guarantee of Accuracy: We do not warrant that the content is accurate, complete, or current.
• No Warranty of Uninterrupted Service: We do not warrant that the Site will be uninterrupted, secure, or error-free.

12. Limitation of Liability

To the fullest extent permitted by law, in no event shall GardenCloth, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any:

• Indirect, Incidental, Punitive, Special, or Consequential Damages: Including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages.
• Direct Damages: Our total liability shall not exceed the amount you paid to us for the applicable product or service.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

13. Indemnification

You agree to indemnify, defend, and hold harmless GardenCloth and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your:

• Breach of these Terms.
• Violation of any law or the rights of a third party.
• Use of the Site or any products purchased from us.

14. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.

15. Dispute Resolution

15.1. Informal Resolution

Before initiating any legal action, you agree to attempt to resolve any dispute informally by contacting us via email or phone. We will attempt to resolve the dispute informally within 30 days.

15.2. Arbitration

If a dispute cannot be resolved informally, it shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Washington State, and the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

15.3. Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as a class action or other representative action.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be deemed modified to the least extent necessary to make it enforceable.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and GardenCloth regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of GardenCloth.

19. Assignment

We may assign our rights and obligations under these Terms without notice to you. You may not assign your rights and obligations under these Terms without our prior written consent.

20. Contact Information

If you have any questions or concerns about these Terms, please contact us:

• Email: info@gardencloth.com
• Phone: +1 (360) 612-6693
• Live Chat: Visit our website to chat with us live for instant support.

Our customer service team is available Monday through Friday, 9:00 AM to 5:00 PM PST.

Thank you for choosing GardenCloth. We appreciate your business and look forward to serving you with our unique collection of garden-themed apparel and accessories.