Terms of service
Effective Date: [Insert Date]
Welcome to Bonny's Garden Center. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your") and Bonny's Garden Center ("Bonny's," "we," "us," or "our"). They govern your access to and use of our website, online store, and all related services (collectively, the "Services").
By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
1. Account Eligibility and Security To use our Services, including making purchases, you must be at least the age of majority in your jurisdiction. You agree to provide accurate, current, and complete information during any registration or checkout process and to update such information as necessary.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your account with others. If you suspect any unauthorized use, you must notify us immediately.
2. Products and Descriptions We strive to accurately represent our products, including live plants, on our website. However, due to the nature of our goods:
- Product Images: Colors and appearances may vary slightly from what you see on your screen due to monitor settings.
- Live Plants: Each plant is a unique living organism. Natural variations in color, size, shape, foliage, and growth pattern are expected and do not constitute a defect or grounds for return. Our images are representative, but the plant you receive will be its own distinct individual.
We reserve the right to modify, discontinue, or limit the quantity of any product at any time without prior notice.
3. Placing an Order When you place an order, you are making an offer to purchase the selected items. All orders are subject to our acceptance. We may accept or decline your order for any reason, including but not limited to product availability, errors in pricing or description, or suspected fraudulent activity.
An order confirmation email does not signify our acceptance of your order. We only accept your order once we have shipped the product and sent you a shipment confirmation.
Please review your order details carefully before submission. We may be unable to modify or cancel orders once they have entered the processing stage.
4. Pricing and Payment Prices are displayed in U.S. Dollars (USD) and are subject to change without notice. The price applicable to your order is the price in effect at the time of order placement, as confirmed in your order confirmation.
You agree to provide a valid payment method and authorize us (or our third-party payment processor) to charge the total order amount, including applicable taxes and shipping fees (if any), to your chosen payment method.
In the event of a pricing error, we reserve the right to cancel the order and notify you. We are not obligated to sell any product at an incorrect price.
5. Shipping and Delivery We currently ship to addresses within the United States only. We do not ship to P.O. boxes, APO/FPO addresses, or international locations.
5.1 Shipping Method and Cost: We offer [Free Standard Shipping on all orders]. Estimated delivery times are 3-5 business days after order processing. These are estimates and not guarantees. Delays may occur due to carrier issues, weather, or other unforeseen circumstances.
5.2 Live Plant Shipping: For the health of our plants, we monitor weather conditions. We may temporarily suspend or delay shipments during periods of extreme heat or cold to prevent damage. Orders may be held until conditions are safe for transit.
5.3 Risk of Loss: The risk of loss and title for items pass to you upon our delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages once marked as delivered by the carrier.
6. Order Processing We process orders Monday through Friday, excluding major holidays. Orders placed before 3:00 PM EST are typically processed the same business day. Orders placed after this time or on weekends will be processed the next business day.
You will receive a shipping confirmation email with tracking information once your order has been dispatched.
7. Returns and Refunds Your satisfaction is our priority. Please refer to our detailed [Return & Refund Policy], which is incorporated into these Terms by reference. Live plant returns are subject to specific conditions as outlined in that policy.
8. Intellectual Property All content on our website—including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software—is the exclusive property of Bonny's Garden Center or its content suppliers and is protected by United States and international copyright laws.
You are granted a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of our website. You must not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content without our prior written permission.
9. User Conduct and Prohibited Activities You agree to use our Services only for lawful purposes. You are prohibited from:
- Using the Services to engage in any fraudulent, harmful, or illegal activity.
- Attempting to interfere with the proper working of the Services, such as through viruses, bots, or unauthorized automated tools.
- Violating or infringing upon the intellectual property rights of Bonny's Garden Center or any third party.
- Harvesting or collecting personal information of other users without their consent.
We reserve the right to suspend or terminate your access to the Services for any violation of these Terms.
10. Third-Party Links and Services Our website may contain links to third-party websites or services that are not owned or controlled by Bonny's. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. Your interactions with these sites are governed by their own terms and policies.
11. Disclaimer of Warranties YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS 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.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
12. Limitation of Liability To the fullest extent permitted by law, Bonny's Garden Center, along with its officers, directors, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
(a) Your access to, use of, or inability to use the Services; (b) Any conduct or content of any third party on the Services; (c) Any content obtained from the Services; or (d) Unauthorized access, use, or alteration of your transmissions or content.
Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of the amount you paid us in the twelve (12) months preceding the event giving rise to the liability or one hundred dollars ($100).
13. Indemnification You agree to indemnify, defend, and hold harmless Bonny's Garden Center and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
14. Modifications to Terms We reserve the right to modify these Terms at any time. The updated version will be posted on this page with an updated effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review this page periodically.
15. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in Middlesex County, Massachusetts.
16. Contact Information If you have any questions about these Terms, please contact us:
Bonny's Garden Center
Phone Number: 617-547-1585
Email: info@bonnysgardencenter.com
Physical Address: 41 Bay State Rd, Cambridge, MA 02138, USA
Business Hours: Monday–Saturday 9:30 AM – 6:00 PM; Sunday 10:00 AM – 5:00 PM