General Terms and Conditions

Orders

An order is not binding upon MiniatureGardenShoppe.com until it is accepted; MiniatureGardenShoppe.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with MiniatureGardenShoppe.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Purchase Agreement

By accepting delivery of any product delivered from MINIATUREGARDENSHOPPE.COM ("MINIATUREGARDENSHOPPE.COM "), you ("Customer") agree to be bound by the terms and conditions listed below. You and MINIATUREGARDENSHOPPE.COM agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and MINIATUREGARDENSHOPPE.COM. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from MINIATUREGARDENSHOPPE.COM.

Warranties; All product sold "AS-IS" or "With All Faults"

MINIATUREGARDENSHOPPE.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY MINIATUREGARDENSHOPPE.COM ARE NOT MANUFACTURED BY MINIATUREGARDENSHOPPE.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). MINIATUREGARDENSHOPPE.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. MINIATUREGARDENSHOPPE.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT. MINIATUREGARDENSHOPPE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH MINIATUREGARDENSHOPPE.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR MINIATUREGARDENSHOPPE.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Limitation of Liability IN ALL CIRCUMSTANCES MINIATUREGARDENSHOPPE.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. MINIATUREGARDENSHOPPE.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. MINIATUREGARDENSHOPPE.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT MINIATUREGARDENSHOPPE.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

Shipping

MiniatureGardenShoppe.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. MiniatureGardenShoppe.com will advise Customer of estimated shipping dates, but MiniatureGardenShoppe.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Shipping Destiniations

MiniatureGardenShoppe.com offers shipping to the following destinations United States, Canada, United Kingdom, Australia, Mexico, Japan and Singapore.

Shipping

Your total cost for purchase of any product will include shipping and handling charges shown on the MiniatureGardenShoppe.com invoice.

Return Policy

All merchandise unless otherwise indicated may be returned within 14 days from the original invoice date for a refund or store credit. A return authorization number is required for all returns. A 5% restocking fee may apply. These terms apply to all refunds. Customers must inform MiniatureGardenShoppe.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly. Shipping and handling charges for returned item are the buyer’s responsibility. Please contact us at (773) 234-6464 or sales@miniaturegardenshoppe.com to obtain a return authorization number. NO RETURNS WILL BE ACCEPTED WITHOUT AN ISSUED RETURN AUTORIZATION NUMBER.

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Illinois will be charged applicable sales tax according to your area's tax rate.

Risk of Loss

MiniatureGardenShoppe.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. MiniatureGardenShoppe.com will advise Customer of estimated shipping dates, but MiniatureGardenShoppe.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between MiniatureGardenShoppe.com and Customer shall be governed by the laws of the State of Illinois, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. MiniatureGardenShoppe.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Illinois, Henry County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against MiniatureGardenShoppe.com that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Illinois law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with MiniatureGardenShoppe.com invoice regarding the products ordered by Customer, are the complete and exclusive agreement between MiniatureGardenShoppe.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between MiniatureGardenShoppe.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.