Terms of Service
Table of Contents
Scope of Application
Contract Formation
Return Policy
Pricing and Delivery Fees
Shipping and Delivery Terms
Warranty
Limitation of Liability for Online Store Usage
Timeframe for Legal Action
Governing Law
Jurisdiction
1) Scope of Application
1.1 These General Terms and Conditions (GTC) govern all agreements made between BG Investment GmbH (hereinafter referred to as “Seller”) and any buyer (referred to as “Client”) regarding the goods and/or services available in the Seller’s online shop. Any conditions set forth by the Client are hereby rejected unless specifically agreed upon otherwise.
1.2 The Client’s access and use of the Seller’s website imply their agreement to abide by these GTC.
1.3 The Seller reserves the right to modify or update these GTC at any time. Significant changes will be communicated to the Client with at least 30 days’ notice. By continuing to use the Seller’s online shop after the changes take effect, the Client agrees to the updated terms.
1.4 The Client consents to electronically reviewing, signing, and authenticating relevant documents under the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) and the Uniform Electronic Transactions Act (“UETA”), where applicable. Digital signatures hold the same legal validity as handwritten ones. The Client agrees that such documents may be maintained in an electronic format as “transferable records” under the UETA.
2) Contract Formation
2.1 The product descriptions in the Seller’s online shop are not binding offers but serve as an invitation for the Client to submit a purchase offer.
2.2 The Client submits a legally binding order by completing the checkout process and confirming the order submission.
2.3 The Seller may accept the Client’s order within five days through:
A written confirmation via email or fax, with the receipt determining the acceptance, or
Shipping the ordered items, where the Client’s receipt of goods marks acceptance, or
Requesting payment from the Client after order submission.
If the Seller does not accept the Client’s order within the given timeframe, the offer is considered declined, releasing the Client from the commitment.
2.4 The acceptance period begins the day after the Client submits the order and expires after five days.
2.5 The Seller stores the contract details and will provide them to the Client in writing, including these terms, after the order is placed. The contract details will not be accessible through the Seller’s website post-order completion.
2.6 The Client can review and modify their entered details before confirming the order using standard input methods. A final review window also allows corrections before submission.
2.7 The contract is exclusively concluded in English.
3) Return Policy
The Client has 30 days from the receipt of an item to request a return.
To initiate a return, please contact us at [support@gardensupplyys.com]. If the return request is approved, we will send return instructions and a prepaid shipping label. Items sent without prior approval will not be accepted.
Returns must be in their original, unused condition, with tags and packaging intact, accompanied by proof of purchase.
Returns should be sent to:
2726 NW 72nd Ave Miami, FL 33122
Certain items such as sale goods and gift cards are not eligible for return.
For defective, damaged, or incorrect items, please contact us immediately upon receipt for resolution.
Refunds are processed within 10 business days upon inspection. If more than 15 business days pass without a refund, please contact us at [support@gardensupplyys.com].
4) Pricing and Delivery Fees
4.1 Prices are listed in US dollars, excluding taxes and shipping fees. Additional charges such as customs duties or bank transfer fees may apply and must be covered by the Client.
4.2 If a product is incorrectly priced, the Client will either be charged the lower price if it is lower than the displayed amount, or contacted for approval if the actual price is higher.
4.3 Available payment methods are displayed in the Seller’s online shop.
5) Shipping and Delivery Terms
5.1 Items are shipped to the delivery address provided by the Client, unless otherwise agreed.
5.2 If an item is unavailable, the Seller will inform the Client and offer an alternative or a refund if payment has already been made.
5.3 If delivery is unsuccessful due to the Client’s unavailability, return shipping costs will be charged to the Client.
6) Warranty
The Seller provides no implied warranties of merchantability or fitness for a specific purpose. Liability for indirect, special, or consequential damages, including lost profits, is disclaimed. Some jurisdictions may limit these exclusions, in which case, they are restricted to the extent allowed by applicable law.
7) Limitation of Liability for Online Store Usage
7.1 The Seller’s online shop is provided “as is” without any guarantees of availability, accuracy, or security.
7.2 The Seller is not liable for potential viruses or damage to the Client’s device resulting from website usage.
7.3 External links on the website may direct users to third-party sites. The Seller assumes no responsibility for the content or policies of external websites.
7.4 Certain jurisdictions may limit the extent of liability exclusions, in which case, they apply only to the legally permitted extent.
8) Timeframe for Legal Action
Any legal claim related to this contract must be initiated within 12 months from the date the issue arose.
9) Governing Law
This agreement is governed by the laws of the Federal State of Illinois, excluding the UN Convention on the International Sale of Goods.
10) Jurisdiction
Legal proceedings related to this contract must be filed in the court where the Seller’s business is located. Both parties agree to the exclusive jurisdiction of these courts.
