Terms of service
Customers and Affiliates must read and agree to these Tower Garden Terms & Conditions and the Tower Garden privacy policy available at https://tower-garden-emea.myshopify.com/policies/privacy-policy (“Privacy Policy”) (together “Terms”), before using the Websites or purchasing any Tower Garden products.
These Terms set forth the legal terms and conditions governing the purchase of any Tower Garden® Tower Garden® product.
If a Customer does not agree to these Terms, the Customer should not access or otherwise use the Websites to submit an order to purchase Tower Garden products.
1. GENERAL:
1. Purpose and Scope
1.1 Tower Garden products and Tower Garden growing systems, accessories, nutrients and supplies (“Tower Garden Products”) (collectively “Products”) are sold on the Tower Garden website https://www.towergarden.com including all the relevant sub-domains (“Websites”) to end consumers ("Customers"). Tower Garden Products are distributed in Europe by The Juice Plus+ Company (which is an affiliate company of Tower Garden LLC).
1.2 Customer represents and warrants to be eighteen (18) years of age or older, or if under the age of eighteen (18), to be at least the age of thirteen (13) and accessing the Websites with the knowledge and consent of the parent or legal guardian, who is deemed to have acknowledged and agreed to the Terms.
2. CONTRACT:
2.1 Any order (“Order”) received by Tower Garden for Products in accordance with clause 2.1 is accepted by Tower Garden at its own exclusive discretion. The Order is accepted, and the contract is finalised when the Customer i) receives a confirmation email from Tower Garden; and / or ii) receives the Products (“Contract”).
2.2 The Terms prevails over and supersede any previous, contrary or divergent term that is not stated here and that is not part of the Contract.
3. PRICE AND SHIPPING COSTS
3.1 Prices listed on the Websites are inclusive of VAT.
3.2 Tower Garden may apply further shipping costs for Products based on the delivery location and/or a different shipment method that the Customer expressly agrees to accept.
4. DELIVERY:
4.1 Any shipping or delivery requests by the Customer are only binding in cases where such request is expressly agreed and confirmed in writing by Tower Garden. Customer acknowledges and agrees that only the dates or deliveries notified in writing by Tower Garden to the Customer are binding and enforceable, except if clause 4.2 applies. Tower Garden may choose different shipping methods at its own discretion.
4.2 Customer represents, warrants and agrees that i) Tower Garden shall not be held responsible for any delay in delivery due to force majeure events or the Customer’s failure to provide Tower Garden with adequate delivery instructions or events beyond the reasonable control of Tower Garden; and ii) such delay does not free the Customer from the Contract.
4.3 Customer acknowledges and agrees that the transfer of the risk related to the Product occurs at the delivery to the address indicated by the Customer in the Order, when the Product is delivered to the Customer, to a Customer’s family member or nominated person, or to the Customer’s neighbours, who have confirmed receipt on behalf of the Customer and in writing.
4.4 The Customer acknowledges that the transfer of the ownership of the Product occurs only after full payment of the Order by the Customer.
5. ORDERS:
5.1 Once the Order is submitted to Tower Garden, it is not possible to change it on the website (subject to clause 8 below). For any change after the Order submission, the Customer must contact the Customer Service Department via email or phone at: Tower Garden Products: customercare.EMEA@TowerGarden.com
5.2 All Products are subject to availability and Tower Garden reserves the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue Tower Garden Products without notice, even if the Customer has already placed the Order.
6. WARRANTY:
6.1 The Customer acknowledges and accepts that before placing an Order they have been informed about the warranty rights provided by Tower Garden with respect to the Products. For the warranty with respect to Tower Garden Products please consult the Tower Garden by Tower Garden Returns & Warranty Policy on the Website.
6.2 In the case of any questions in relation to the warranty, the Customer can contact the Customer Service Department using the contact details in 5.1 above.
7. PAYMENT AND OTHER CHARGES:
7.1 The Order can be paid (“Payment”) as follows: MasterCard, Visa, American Express.
7.2 Payment is required on submission of the Order to Tower Garden.
7.3 If the Customer fails to make Payments that are due, or if the Products are returned to Tower Garden due to a failure to deliver caused by provision of an incorrect address, or if the Customer fails or refuses to collect the Products, then the Customer shall be responsible for all costs and damages suffered by Tower Garden. The Customer acknowledges and agrees that additional charges or fees may be applied in respect of overdue payments that are collected by Tower Garden or any of its authorised agents or legal representatives.
8. RETURN OF TOWER GARDEN PRODUCTS
8.1 Tower Garden is proud of the quality of its Products. If a Customer is not satisfied with a Tower Garden Product, the Customer may return it for a refund or Product exchange, when and if applicable, by contacting us customercare.EMEA@TowerGarden.com. Please refer to our Returns & Warranty Policy.
8.2 The Customer has the right to cancel the Order without any reason within 14 (fourteen) days from the day the Product is delivered.
8.3 Tower Garden will refund the Order on the same payment method that the Customer used, unless otherwise agreed in writing.
8.4 The Customer acknowledges and agrees that any termination request outside the term in the Returns & Warranty Policy will be considered on a case-by-case basis.
8.5 For return of Tower Garden Products - please consult the Tower Garden Returns & Warranty Policy on this Website.
9. INFORMATION ON THE PROCESSING OF PERSONAL DATA:
9.1 The Customer may create or may have already created an account (“Account”) when submitting an Order from the Websites. The Customer is responsible for maintaining the confidentiality of the password and restricting access to the password and account. The Customer acknowledges and agrees to accept any responsibility for all Orders that are submitted under the Account.
9.2 The Customer's personal data (“Customer Data”) will be used in compliance with the provisions of the Privacy Policy https://tower-garden-emea.myshopify.com/policies/privacy-policy, the Regulation (EU) 2016/679 (EU GDPR) and any local applicable Privacy regulation.
9.3 Customer Data will be used exclusively as set out in the Privacy Policy. Tower Garden In this case, the amount of Customer Data collected and used is strictly limited to the minimum necessary for this purpose.
9.4 The Customer may at any time request the deletion of Customer Data, by submitting a request form at the following link: contact our Data Privacy Team.
10. NEWSLETTER AND COMMERCIAL COMMUNICATIONS:
10.1 When submitting an Order, the Customer has the option to agree to receive Tower Garden newsletters and commercial communications using the contact details provided in accordance with the Privacy Policy.
10.2 Customer's contact details will not be shared or transferred to any third party except as set out in the Privacy Policy.
10.3 The Customer can unsubscribe from the newsletter and the commercial communications at any time using the "unsubscribe" button in the communication.
11. ENFORCEABILITY AND DISPUTES:
11.1 If individual parts of the Terms are declared wholly or partially invalid or ineffective, the other clauses shall retain their validity.
11.2 Any modification or addition to the Terms requires written consent from Tower Garden.
11.3 The Terms are governed by the laws of England.
12. MODIFICATIONS
12.1 Tower Garden reserves the right to modify, update, add, discontinue, remove, revise or otherwise change any portion of the Terms or the Privacy Policy or Tower Garden Returns & Warranty Policy, in whole or in part and at any time. For changes to these Terms which could be considered material, Tower Garden will notify Customers on the Websites of such changes and Orders placed after this notification will be subject to the new Terms.
13. LIABILITY
13.1 Tower Garden has established standard operating procedures for the manufacturing and supplying of the Products and such procedures contain operating standards or procedures consistent with prevailing industry and regulatory standards. All Products are manufactured, packaged, labelled, supplied and delivered in accordance with the specifications established by Tower Garden and as reported on the Product label.
13.2 The Customer agrees to read the Products label before consuming or using any Products and to comply with any measure required to avoid any harmful consequence, including but not limited to cases of special health and/or physical conditions. The Customer agrees to give Tower Garden prompt notice of claims regarding its Products and to cooperate with Tower Garden in any investigation.