TERMS OF SALE

 

Agreement

All purchases through MyGardenGifts.com are governed by our Terms of Sale Agreement.  Please read it carefully before making a purchase. If you do not wish to accept our Terms of Sale, please do not purchase any products through our site. (When we refer to "MyGardenGifts.com," "we," or "our" such references include MyGardenGifts.com and our affiliated websites and companies).

 

Purchases

When you click on the "SUBMIT" or similar button on a checkout screen, you agree to purchase the products indicated, in accordance with the terms and conditions included on the relevant screens, and in accordance with this agreement.

 

Email Receipt

After you place an order by means of this site, you should receive an email acknowledgment within one business day to confirm that MyGardenGifts.com has accepted your online order. The email will contain the details of your order, the itemized and total amounts that will be billed to your credit card, including all applicable taxes and other charges. Please review this order receipt carefully to confirm that we properly understood your order. If there are any errors in your order email customer service promptly at csr@mygardengifts.com.

 

Payments

1)   We accept credit card payments, check and money order payments. Accuracy of credit card payment information on the order is the responsibility of the customer.

2)   Please ensure that the credit card statement billing address is provided for credit card payments.  Due to credit card security regulations we will not be able to process your order promptly if the billing address provided cannot be verified by your credit card company.

3)   In accordance with our payment terms, items scheduled to ship within 30 business days of the order date are charged full at the time of the order or when the order goes into production.  Items with estimated ship dates beyond 30 days of the order date are charged at a time closer to the time of shipment.  Orders are shipped from multiple distribution centers.  Hence the items on your order may arrive at separate times.  If you have any questions regarding your order please contact Customer Service for a current order status.

4)   Payments not made by the customer by the said date or earlier, shall render the account delinquent, and interest charges shall be accrued at the rate of 1.25% per month or 15% per year.

5)   If customer selects "Check" payment method we must receive the check no later than ten (10) business days from date of order. If the check payment is not received within ten (10) business days then the order is automatically cancelled. Please mail check payments to TION Art, P.O. Box 7181, East Brunswick, NJ 08816.

6)   Customers paying by check will be responsible for $50.00 Returned Check fee if the check is returned unpaid by the bank.

7)   Customers further agree to pay all reasonable collection costs, attorney fees and court costs, as permitted by law, as such are incurred by MyGardenGifts.com, in the collection of amounts due. In the event suit is filed to enforce payment, it is agreed the venue will be the County of Middlesex, State of New Jersey.

  

Payments Options

We accept MasterCard, Visa, and American Express, check and money order payments.  

  

Shipping Policy

Product Availability, Production and Shipping Timelines

We value our customers at MyGardenGifts.com and our commitment to deliver quality products to you is our priority.

1)   In order to provide our customers with the best value and fastest shipping results, we stock many of our items.

2)   Upon receipt of your payment, we will produce your order (in the estimated lead time posted on the website). For in stock items, the item (s) on your order will be inspected, packed to ensure safe shipping, and shipped in 5 to 10 business days and in many cases sooner. 

3)   If we do not have the item available in stock then please allow 2-6 weeks for delivery.  Some special order items may take longer.

4)   Availability of merchandise is subject to change and items may be discontinued by manufacturer without notice.

5)   MyGardenGifts.com accepts no responsibility for a manufacturer's inability to supply merchandise.

6)   All handcrafted merchandises are inspected for quality before shipping to ensure they are free of manufacturing defects.

7)   Product dimensions are approximate only and the actual dimensions may differ slightly as with handmade items. No two pieces of the same item may be exactly identical.

8)   Since the items are hand painted the actual finish may have minor variations from the sample finish shown online. Also note that lighting used for the picture may render the finish shown to vary slightly from the actual item. Hence items cannot be returned because of minor variations in the finish. 

9) Custom orders cannot be returned or cancelled. This applies to any item made with finishes of your choice.

10) Order with special promotions (including Discount Sale, Free Shipping, etc.) are Final Sale and so returns, exchanges or cancellations are strictly not accepted.

11) All orders are shipped via reliable national carriers such as UPS, Fedex, or USPS and for larger/heavier items by common carrier truck line freight companies.  Please note that we take every reasonable step possible to ensure that your merchandise arrives safely and without damage.

12) Shipping method is normally by ground service unless RUSH shipping method is requested and paid for by the customer.  

13) We will normally ship the order to the shipping address given on the order. Any shipping charges incurred due to changes in delivery arrangements initiated by the customer after the order has been shipped will be the responsibility of the customer.

14) For credit card orders, if customer instructs that the order be shipped to an alternate address than the credit card billing address then the customer authorizes receipt of goods and services at the shipping address specified on the order and the customer agrees to pay the full amount of the order.  

15) If customer instructs that the shipment be delivered to an alternate address and recipient (other than the customer) and/or the shipment be left with e.g. the front office of apartment buildings, then the customer authorizes receipt of goods and services at the shipping address specified on the order and the customer agrees to pay the full amount of the order.

16) If the customer's address (or the alternate shipping address instructed by the customer) is unsafe for standard ground delivery by Fedex/UPS/USPS then it is the customer's responsibility to request for delivery with signature. The additional charge for delivery with signature is $5.00. 

17) If customer waives delivery with signature and/or does not request signature delivery then the customer agrees to accept the shipping carrier company’s delivery record as confirmation of delivery. We will not accept any non-receipt and/or loss claims.  

18) Some orders are shipped directly from the manufacturer and may involve delivery signature as required by the manufacturer. This is a shipping policy of the manufacturer and we cannot change it in any way. For all orders that are shipped with delivery signature the customer agrees to accept such shipments with signature delivery.

19) All orders shipped with delivery signature must be accepted when shipping carrier delivers the shipment. If the customer is not available to receive the package on the first delivery attempt the shipping carrier will normally re-attempt delivery the next business day. If customer is still not available to receive shipments after shipping carrier re-attempted deliveries the shipment will be returned to us as "undeliverable". The customer agrees to pay re-shipping charges if the original shipment is return as "undeliverable".

20) Please do not refuse delivery unless you notice damage. If you refuse delivery for any other reason, you will be responsible for all return shipping and re-shipping charges.

21) All special shipping promotions such as “Free Shipping” are applicable to orders with shipping destinations within the 48 contiguous states of the US only.

22) "Free Shipping" promotions include Fedex, UPS and common carrier freight shipments and includes freight shipping costs only. For orders shipped by common carrier freight to a residential address, the customer will be charged a residential delivery fee of $100.00. Additionally, a freight liftgate fee will be charged if a liftgate is required. Note that the residential and liftgate fees are charges from the freight company and we cannot waive them. 

23) All shipments will be shipped to the shipping address provided by the customer on the order. If the customer requires the shipment sent to a different address the customer must notify us within reasonable time before the order is shipped. If the customer requires alternate shipping arrangement after the order is shipped the customer agrees to pay all related costs to re-direct the shipment. This applies to all orders including orders with Free Shipping promotions and Discount Sale.

24) Orders shipped by common carrier freight normally include a delivery notification to the customer to schedule delivery. If the customer requires the freight delivered to an alternate address after the order is shipped or 
      when contacted by the freight company for delivery appointment the customer agrees to pay all freight re-consignment charges. The re-consignment fee applies to all orders including orders with Free Shipping 
      promotions and Discount Sale.
25) If you must cancel the order, please do so within 24 hours after ordering as this order may be dropshipped in a location we have no control over.

 

Packaging and Claim Information

1)   MyGardenGifts.com makes every reasonable effort to ensure that all merchandise is properly packaged for safe shipping.  Where necessary we use specially engineered materials and packaging supplies to ensure that your order is properly protected during transit.

2)   All items are inspected prior to shipping to ensure that they are free of defects. For shipments involving delivery signature it is the purchaser's responsibility to inspect the shipments at the time of delivery prior to signing the delivery receipt. The customer is required to check all packages for any visible signs of damage and/or negligence on the part of the shipping carrier and report any damages to us immediately.

3)   Any visibly damaged packages delivered by UPS, Fedex or USPS may be refused at the time of delivery with notation that the package is damaged.

4)  If a UPS or Federal Express shipment is found to be damaged after it has been accepted, contact customer service at csr@mygardengifts.com with pictures of the damage to enable us to initiate proper actions. DO NOT DISPOSE ANY OF THE ORIGINAL SHIPPING CARTONS OR PACKING MATERIALS THAT CAME WITH THE MERCHANDISE.  YOUR CLAIM WILL NOT BE PROCESSED WITHOUT ORIGINAL CARTON AND PACKING MATERIALS ARE DISPOSED.

5)  If these instructions are not followed, the damage claim will not be valid and MyGardenGifts.com or the carrier companies (UPS, Fedex, DHL or USPS, etc.) will not be liable or responsible for any damage/loss thereby incurred by the purchaser.

 

International Orders

Due to their weight and size, large and/or fragile nature international shipping and handling charges can be very high compared to the price of the item (s).  For this reason only certain items are shipped internationally.

1)   All international orders must be paid with a bank’s draft drawn in US Dollars only.  We do not accept international credit cards.

2)   Customer pays for international shipping and handling charges and any and all local taxes (if any) in the country of destination.  Please email us at csr@mygardengifts.com for shipping and handling rates.  

3)   Special promotions such as “Free Shipping” do not apply to international orders.

4)   International customers may also make their own shipping arrangements and inform csr@mygardengifts.com.  We will contact their shipping carrier for merchandise pick-up.

 

RETURN POLICY

All returns will be subject to and in accordance to our return policy and Terms of Sale.  Only certain types of merchandise can be returned as many of our products are custom made to order with color preferences and others may originate from our foreign warehouses.  All items which are customized and/or finished based on customer preferences cannot be returned. 

 

1)   In cases of all promotions (including Discount Sale, Free Shipping, etc.) are Final Sale and so returns, exchanges or cancellations are strictly prohibited.  In the event of damages, you will be issued a replacement only.

2)   Orders cannot be cancelled after the order has shipped.  Orders cancelled after production is completed and prior to shipping will be charged the re-stocking fee only due to the production costs incurred.

3)   We will not accept returns due to your own carelessness in handling and/or the installation of the merchandise. Please do not attempt to return such merchandise.

4)   Custom orders cannot be returned or cancelled. This applies to any item made with finishes of your choice, special orders and import items.

5)   Product dimensions are approximate only and the actual dimensions may differ slightly as with handmade items. No two pieces of the same item may be exactly identical.

6)   Do not refuse shipments at the time of delivery.  We will not be able to process your return on this basis.

7)   As many items are produced upon confirmed customer order all returned merchandise for approved returns will be subject to a 50% restocking fee. Additionally, customer also agrees to pay outward shipping costs, if not paid on the order, and all return shipping costs.

8)   Requests for returns must be made to csr@mygardengifts.com no later than 3 days from the date of receipt of order.  Our customer service staff will assist you with the return procedures for qualified returns.  Return requests made by the customer after 3 days of receipt of the order will not be approved.

9)   For qualified approved returns, customers will be sent a Return Authorization (RA) containing the Return Authorization Number (RAN) and other details.  Please sign and fax the Return Authorization form to (267-851-2489).  Once we receive the signed RA we will start processing the return and provide further return instructions to the customer.

10) For qualified approved returns, the returned merchandise must be in saleable condition and come with its original carton and packing materials.  If the merchandise appears used NO REFUND WILL BE ISSUED.  In such cases, the item will be re-shipped to the customer and the customer agrees to pay the re-shipping charges.

11) Refund will be issued only after we received and inspected the returned merchandise.  Refunds for qualified approved returns will be calculated as amount of order less restocking fees, outward shipping charges and return shipping costs, and the refund will be credited to the credit card account used for the original order.  If the customer paid by check, refund will be issued by check.

12) You must return the merchandise as new and in its original carton and packing materials and follow the return instructions given by our customer service staff.

 

Damaged Shipment

1)   If after unpacking you find that the merchandise is damaged, please contact our customer service at csr@mygardengifts.com no later than 3 days of delivery of your order.  Delivery date and time will be deemed as delivery date and time recorded by the shipping carrier. Damage claims made by the customer after 3 days of receipt of the order will not be approved.

2)   When reporting damages please send csr@mygardengifts.com clear images of the damaged item (s).  This will help in processing your replacement quickly. Our customer service staff will assist you with the replacement of the damaged merchandise in accordance to our Return Policy.

3)   Before replacing damaged items the original damaged merchandise must be returned to us.  We will arrange for pick-up of the damaged item and process the replacement at no cost to the customer.

4)   All damaged items returned must be packed in its original carton and packing materials, and, made available for our shipping carrier pick-up.  

5)   Do not attempt to return the package by your own shipping method. If we do not receive the original shipment we will not be able to process your replacement. 

6)   If you receive visibly damaged package you must report the damage to the shipping carrier when refusing the shipment and report the same to our staff at csr@mygardengifts.com.  You may also fax this report to (267)851-2489.

7)   We will make every effort to replace the item (s) as soon as possible.  However many products are hand made and so customer agrees to allow reasonable time to replace. Other products may be available in limited quantities only.  In such cases and/or if we are unable to replace the item you ordered we may offer an alternative product for your approval or cancel the original order and issue a refund.

8)   Take extra precaution for shipments delivered by common carrier freight companies. Upon delivery, please be sure and inspect all packages carefully before the driver leaves and prior to signing the delivery receipt.  A signed delivery receipt from the common carrier freight company states the merchandise was received in good condition. 

9)   If you feel there might be damages of any kind, please note the damages on the driver's delivery receipt.  It will be impossible to claim for damages if these conditions have not been met.  

 

Claims

1)   All claims for shortages, damages, defective merchandise, etc., must be reported to csr@mygardengifts.com no later than 3 days of delivery of order. Delivery date and time will be deemed as delivery date and time recorded by the shipping carrier. Claims made by the customer after 3 days of receipt of the order will not be approved.

2)   To facilitate the return process, please ensure that you submit your request for return to our customer service at csr@mygardengifts.com with your order number, full name, phone number, the item (s) that you want to return, and the reason you are returning each of the item (s). Our customer service will assist you with the return process.

3)   Note that custom orders based on your finish preferences and imports are not returnable as they are considered special order items. No returns will be accepted on items offered with special promotions such as Discount Sale, Free Shipping, etc. Refer to Return Policy above for additional terms.

4)   When we arrange return pick-up of merchandise from you, we will normally arrange a 3-Attempt pick-up service. The customer will be sent a email notification of the return merchandise arrangements. It is the customer's responsibility to ensure that the merchandise is picked up within these three (3) carrier attempts; otherwise the customer agrees to return the merchandise within seven (7) business days to us and at their own cost. We do not RE-issue return call tags or freight pick-up as this is a costly service.

5)   If the customer does not make the merchandise available for return pick-up and/or does not allow the carrier company to pick-up the merchandise when the carrier company visits the customer's address and/or does not return the merchandise to us within seven (7) business days then the customer agrees to keep the merchandise and agrees to pay the full amount of the order.  

6)   Please note that shipping charges are not refundable.  Any items to be returned must be in new unused condition. Items must be in original and unmarked package with all components, accessories, instructions, literature, and inserts intact.  Please DO NOT return items which are USED.  It will not be fair to sell used items to the next new customer.

7)   If you are returning the merchandise by your own safe carrier and at your own cost our Customer Service (csr@mygardengifts.com) will advise the procedures for return and where to ship the returned merchandise. For your protection you must insure your return shipment for its value and use a reliable safe shipper such as UPS or Fed Ex or USPS that provides package tracking services.

 

Disputes

All purchases through MyGardenGifts.com are governed by our Terms of Sale Agreement. As per Consumer Affairs regulations your purchase at our website constitutes your acceptance of our Terms of Sale and agreement.

1)   We thrive and honor on goodwill. However please note that if the customer disputes a charge on his/her credit card for a valid order at MyGardenGifts.com, the customer agrees to accept the dispute resolution administrative cost of $50.00 as an additional charge to the credit card account. This charge is additional to the order amount.  Dispute resolution involves tedious administration and costs to us to gather and present all relevant and valid information to your credit card company to support the valid sale and charge. The dispute resolution administrative fee will be charged to recover these costs.

2)   Credit card payment is merely one method of payment accepted for the order. Disputing the credit card charge does not relief nor release the customer from his/her financial obligations of the order. Credit card companies urge us to take the necessary action against individuals who dispute valid credit card charges. If you choose to dispute a valid charge on your card, we may also send your account into collections immediately or file you into court for recovery of the order amount and all related collection costs.  We keep all documentation and correspondence diligently.

3)   Please note that we reserve the right to not service any future orders from customers who cancel orders which are in production, who falsify credit card disputes and prove to be extremely unreasonable in their demands.

4)   Customers who unfairly, unjustly or prematurely dispute credit card charges for completed orders will render void all promotions such as Discount Sale prices, Free Shipping, etc., on their order. In such cases, the customer agrees to pay Kaviiks Accents the regular retail price and all shipping costs for their order plus all dispute resolution administrative and collection costs.

5)   Orders remaining unpaid for over 30 days after merchandise have been delivered will render void all promotions such as Discount Sale prices, Free Shipping, etc., on their order.  In such cases, the customer agrees to pay Kaviiks Accents the regular retail price and all shipping costs for their order. Customers can avoid losing promotions such as Discount Sale prices, Free Shipping, etc., on their order by making prompt and full payment on their order. 

6)   Also see section Payments, part (4), (5), (6), and (7) above.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MYGARDENGIFTS.COM FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.

 

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