Terms and Conditions

Terms and Conditions

By using this Website and/or placing an order you agree to be bound by the terms and conditions set out below. While all this legalese may seem excessive it’s important that Urban Garden Guide and our customers are protected and have a course of action in the extremely unlikely event that an issue arises.

1. Definitions

1.1 Terms “we”, “us” “our” and “Urbangardenguide.com” are to Urban Garden Guide and its owner.  “You”, “your” “customers” and “yours” “users” are references to you the person accessing this website and ordering any goods from the website.
1.2″agreement” is a reference to these Terms & Conditions, the Privacy Policy, the Delivery, Cancellation and Returns Policy, any order form and payment instructions provided to you.
1.3″Delivery, Cancellation and Returns Policy” means the policy displayed on our website for the delivery, cancellation or return of goods or services.

1.4 “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning.

2. Useage:

2.1  Content is available for download for educational purposes educators or learners may download and exhibit such on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects.

2.2  The following restrictions apply to all users:

2.2.a  Educators or Learners are prohibited from disseminating content beyond such Educator’s or Learner’s particular educational institution, organization, or home.

2.2.b Under no circumstances may Content be used for commercial purposes.

2.2.c Users may employ content in a manner in which it is re-posted, framed, or mirrored on other websites, only when arbitration to Urban Garden Guide and a link to the original content is displayed on the content page

3 User agreement

3.1 Urban Garden Guide wants to encourage an open exchange of information and ideas. We neither endorse nor guarantee the accuracy of any of your content in comments, reviews or forums. We may review your content from time to time and will take steps to remove inappropriate comments; however, there is no substitute for healthy skepticism and your own good judgment.
3.2 You agree to assume full and sole responsibility for content you post to you agree to:

3.2.a. Post content that is relevant to and appropriate for the specific topic and designed to help              people share information

3.2.b. Represent that you are the owner of or are making your submission with express consent              of the owner, that you have obtained all third party releases and permissions necessary

3.2.c. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic,               harassing, hateful, racially or ethnically offensive

3.2.d Refrain from posting any personal information of your own such as your email address,     phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information

3.2.e Neither post nor transmit through the service any content that constitutes advertising or solicitation with respect to any product or service

3.2.f. Do not post anonymously or impersonate any other person

3.2.g. Not to alter or modify any part of the Service, make no use that would interfere with or   disrupt the Service or servers or networks connected to the Service, make none of available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or  any other computer code, files, or programs designed to interrupt, destroy, or limit the   functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures

3.2.h. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any   source code or underlying ideas or algorithms of the object code of any portion of the service

4. Appearance

4.1 We make every effort to ensure colors appear as realistic as possible. However due to the constraints of digital reproduction on different web browsers, we cannot guarantee exact color depiction. Please be aware that the color you see on the screen may differ to the actual color of your ordered products.
4.2 For all items made from natural products, or live plants such as leather or wood, there may be variations in the color, shade, pattern or finish from those on the website due to the inherent nature of these products.

4.3 We cannot guarantee an exact match for goods which have been ordered at different times.

4.4 Every care is taken to ensure descriptions and measurements are accurate, however variations may occur. Packaging may vary from that shown

5. Pricing

5.1 All prices listed on the website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax but exclusive of delivery charges which will be added to your order.
5.2 The total price for goods or services ordered, including delivery charges, will be displayed on the website when you place your order. Full payment must be made before goods are sent or services provided.

6 Warranty

6.1 Where a manufacturer’s (or factory) warranty is included, a warranty will be effective only if the consumer who originally purchased the product retains the original sales receipt showing the product specifications and purchase date. If we conclude that your complaint regarding the quality of the delivered goods is well founded, UrbanGardenGuide will ask the manufacturer to deal with the complaint.

7 Trademarks

7.1 The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner.

7.2 Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Urban Garden Guide.

8 External links

8.1 External links may be provided for your convenience, but they are beyond the control of Urban Garden Guide and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

9 Delivery

9.1  Delivery will be made as soon as possible after your order is accepted dependent on the lead time of the product. Delivery periods quoted at the time of ordering are approximate only and may vary.
9.2 All deliveries will be between Monday to Friday during the hours of 8am and 6pm. Should you wish for your order to be delivered at a specific time or on a Saturday, please let us know when placing the order or send us an email at tim@urbangardenguide.com  include your name, order reference and preferred date. Please note that additional costs will be incurred for specified time deliveries.
9.3 Please note it may not be possible for us to deliver to some locations. Should delivery time be delayed we do not accept liability of any consequential loss. We will contact you if there is a delay or items are out of stock.
9.4 All shipping costs are calculated by weight and territory.
10. Cancellation & Return Policy

10.1 If you wish to cancel your order you must let us know within 24 hours after placing the order. To cancel your order you must notify us in writing to tim@urbangardenguide.com  include your name and order reference. Once we have received your confirmation that you wish to cancel your order we will refund the full amount including the cost of delivery. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the goods may already have been shipped. In these cases, you will need to return the goods in accordance with our Cancellation & Returns Policy.
10.2 If you have received the goods after you cancelled your order then you must send the goods back without unpacking them to us at your own cost and risk.
10.3 You are entitled to return or exchange goods ordered from us within 14 days of receipt of the goods. Any goods returned must be returned in its original packaging, in the condition and packed in the manner of how it was received.
10.4 The cost of returning the goods to us must be paid by you. We strongly recommend that you fully insure your package that you are returning. We suggest the use of a carrier that can provide you with a proof of delivery.

10.5 Refunds will be credited to your original method of payment as soon as possible but, no less then 30 days after receiving the return.

10.6 If we have made a mistake on an item we have sent to you or it is faulty, damaged, of unsatisfactory quality, we will refund the delivery charges you have paid to receive that item unless it was sent to you with other items which you are not returning. Details of the returns procedure will also be sent to you with your order.

10.7 We will not be obliged to offer any additional compensation for disappointment suffered.

11. Disclaimer (limitation) of liability

11.1 We disclaim any and all liability to you for the supply of the goods to the fullest extent permissible under applicable law. The goods are provided to you for your approval and legal title to the goods only passes to you 14 days after delivery. This does not affect your statutory rights as a consumer.

11.2 If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant goods or services.

11.3 We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

11.4 The we shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

11.5 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.
11.6 We shall not be held liable for any failure or delay in performing services or delivering goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
11.6 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from us.
11.7 We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

12. Creative commons usage

12.1 Images from the following photographers have been used under a creative commons fair use license on Urban Garden Guide Gaurth Williams ho80,janus canon,MsShades , Average jane, preminate, guitarfool5931,  edenpictures, jugreen_DE nottsexminer, soilscinence@NC state, mastermaq, apairandaspare.

12.2 These images are not property of Urban Garden Guide and thus are excluded from preceding terms.

13. Applicable laws(choice of venue and forum)

13.1 Use of this website shall in all respects be governed by the laws of the state of New York, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New York courts located in Kings county, New York, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

14. Inaccuracy disclaimer

14.1 From time to time there may be information on Urban Garden Guide that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

15 Our cancellation

15.1 We reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered or we do not deliver to your area. If one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers, we reserve the right to cancel your contract. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order.

16. Changes to terms and conditions

16.1 We may change these terms from time to time without notice to you. Changes will apply to any subsequent orders received. In addition, your use of this Website after such changes have been posted constitutes your acceptance of and agreement to such changes.

17. Conflict of terms

17.1 Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.