Dealzer.com Hydroponics Store Policies
TERMS AND CONDITIONS OF USE GENERAL
Acceptance: Your use of this website and any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by the Company. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease to use the web site.
The Company reserves the right to change or modify all or part of this agreement at any time, without prior notice, effective immediately upon publication on this site. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound.
Copyright: The Content is the property of the Company or its licensors, and is protected by copyright and other intellectual property laws.
Trademark: The trademarks, service marks and logos the Trademarks used and displayed on this site are registered and unregistered Trademarks of dealzer.com and others. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. The Company enforces its intellectual property rights to the fullest extent of the law.
Restrictions: Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of the Company. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of the Company. You may use Content individually or within your company, but copying and distributing Content to third parties from this web site is forbidden.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.
For all orders which are shipped outside of the United States, the customer is responsible for and all international duties, tariffs and/or import fees which may be imposed. No order may be canceled or charged back as a result of the imposition of any international duties, tariffs and/or import fees. As an international customer, you acknowledge sole and full responsibility for all international duties, tariffs and/or import fees, and understand and expressly agree that the Company will not issue any refund under any circumstances because of circumstances relating, directly or indirectly, to the imposition of any such international duties, tariffs and/or import fees.
TYPOGRAPHICAL ERRORS AND PRICING POLICY
In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for said products. The Company reserves the right to cancel your order for any reason or for no reason at all. The Company is not responsible for prices or pricing errors on other websites. We will not honor incorrect prices listed on other websites.
The Company withholds applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.
MARKETING AND ORDER COMMUNICATION
The Company reserves the right to cancel any order for any reason. We will cancel all suspicious orders without notice. If we think the credit card used may not be authorized by the owner of the credit card, we will investigate the order to make sure that the order is authorized by the owner.
Items must be returned in the condition in which they arrived and in their original packaging.
A 20% restocking fee applies to all returns.
Before returning, you must first obtain a return authorization within 10 days of delivery. You can request one by contacting us at 888-HYDRO-81.
Products shipped new may be covered by the manufacturer's warranty.
The Company expressly disclaims all liability for personal injury or property damage resulting from the use of our units. (Although we have not heard of either of these problems occurring in the past).
By accepting a unit from the Company, the customer warrants to exercise all reasonable care to abide by the following common sense guidelines in the use of the product:
1 Ensure that there is a space of at six inches 6 between the top of the plants and the light, to avoid risk of fire;
2 Keep all exhaust and intake fans running at all times 24 hours a day, 7 days a week in order to prevent heat build-up;
3 Do not stick fingers in or near the fans;
4 Ensure that leaves are kept clear of fans;
5 Do not overload electrical outlets by plug-in of too many devices;
6 Do not allow the unit to run out of water;
7 Do not operate the unit in extreme hot or cold environments i.e., the unit should be operated at ambient temperatures between 30°F and 110°F;
8 Do not operate the unit in or around water spray, rain or ground water.
ALL OF THE COMPANY’S PRODUCTS ARE SOLD FOR THE EXCLUSIVE PURPOSE OF GROWING CULINARY HERBS, FRUITS AND VEGETABLES ONLY. THESE ITEMS ARE MEANT TO BE USED IN ACCORDANCE WITH ALL APPLICABLE LAWS OF YOUR COUNTRY OR REGION. IT IS EXPRESSLY FORBIDDEN TO USE ANY PRODUCT OBTAINED FROM THIS WEB SITE IN AN ILLEGAL MANNER, OR A MANNER OTHER THAN WHAT THE PRODUCT WAS INTENDED FOR. IT IS ILLEGAL TO USE PRODUCTS PURCHASED FROM THIS SITE TO GROW ILLEGAL PLANTS SUCH AS CANNABIS AND THE USE THEREFOR IS STRICTLY FORBIDDEN. THE COMPANY DOES NOT ENDORSE THE GROWING OF ILLEGAL PLANTS AND EXPRESSLY RESERVES ITS RIGHT NOT TO SELL ITS PRODUCTS TO CUSTOMERS WHO MAKE KNOWN THAT THEIR INTENT IS TO USE THE PRODUCT FOR ILLEGAL PURPOSES. THE COMPANY HIGHLY DISCOURAGES CUSTOMERS FROM MAKING VERBAL OR WRITTEN INQUIRY PERTAINING TO THE GROWING OF ILLEGAL CROPS AND SHALL NOT RESPOND TO ANY SUCH INQUIRIES. THE CUSTOMER WARRANTS TO USE ALL THE COMPANY’S PRODUCTS FOR THEIR INTENDED PURPOSE AND EXPRESSLY INDEMNIFIES THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM THE MISUSE, OR ILLEGAL USE, OF THE COMPANY’S PRODUCTS.
The Company will utilize its best efforts to build and ship all units in a reasonably timely manner. Customer understands and agrees that all units are custom built per order. While most units ship in 7-12 days from the date that payment is received, it could take up to 4-8weeks, or more, to ship special order and out of stock items. In addition to the preparation time for completion of your custom order prior to shipment, allow for up to five 5 days for crating and transit time for delivery of your order. The Company’s Refund Policy see above expressly applies to all orders, including special orders which require more than 1-2 weeks to complete and ship.
DISCLAIMER OF WARRANTY
IF GOODS ARE BEING PURCHASED FOR EXPORT, THE PURCHASER IS RESPONSIBLE FOR OBTAINING EXPORT DOCUMENTATION FROM THE FEDERAL GOVERNMENT. IN ADDITION, WARRANTIES ON EXPORTED PRODUCT MAY VARY, AND MAY EVEN BE NULL AND VOID. ANY AND ALL LIABILITIES ARE ONLY FOR THE PRODUCTS PURCHASED. THIS WEB SITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. WE RESERVE THE RIGHT TO REFUSE ANY ORDER FOR ANY REASON WE DEEM APPROPRIATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEALZER.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE COMPANY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM, YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All company promotions are subject to cancellation at any time and for any reason. Company promotions are understood to consist of goods or certificates which are provided gratuitously to customers, with neither benefit to the Company nor detriment to the customer; as such, customer understands and agrees that it has no recourse against the Company whatsoever as a result of the cancellation of any promotion.
The Company understands your privacy is important. The information we learn from customers helps us personalize and continually improve your shopping experience at Dealzer.com. We provide this notice in accordance with applicable state and federal laws and because you are a current or potential customer of the Company. This notice will help you understand what types of nonpublic personal information - information about you that is not publicly available - we may collect, how we use it and how we protect your privacy.
Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Dealzer.com if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your communication preferences. We will send you emails regarding your order, as needed to complete our obligation to you. Occasionally news letters or updates may be sent if you selected to receive newsletters. Subscriptions can be canceled at any time by selecting unsubscribe.
We have policies and procedures in place to protect nonpublic personal information about our customers.
We do not sell nonpublic personal information about our customers to third parties, i.e., companies or individuals that are not affiliated with the Company.
We do not disclose any nonpublic personal information about our customers to anyone, except as permitted by law or for which you have provided your consent.
Any claim arising out of the use of this site or transaction incidental thereto shall be governed by the laws of the State of California, without regard to its conflict of laws rules, and California will be the sole jurisdiction and venue for any litigation arising out of the use of this site or arising from transactions incidental thereto. By agreeing to these terms and conditions, you are consenting to personal jurisdiction in the State of California. Venue for any legal action arising out of the use of this web site shall be in the county or circuit courts of California, or the federal court of the California.
The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses, including any expenses incurred as a result of the enforcement of any judgment.
A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
This Agreement sets forth the entire understanding and agreement between you and the Company.
If any provision of this Agreement is held void or unenforceable, that determination will not affect: 1 the provision's application in other circumstances; 2 other provisions in this Agreement; or 3 this Agreement's validity or enforceability as a whole.
The use of headings is for convenience and will not affect the interpretation of this Agreement.