Terms & Conditions

Note: By placing an order with Gardenreet® Lighting, you are agreeing to our policies, terms and conditions.

The following terms and conditions constitute a binding agreement between you and Gardenreet® and are referred to in this Agreement as "Terms and Conditions" or "this Agreement" and Gardenreet® shall be referred to as Seller. Please read the terms and conditions of this Agreement carefully before accepting the following. Buyer's purchase of the Products is expressly conditioned upon acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by purchasing products from Seller or by shopping on any Seller website or placing an order with Seller. The following terms and conditions apply to all purchases and orders, whether made by email, verbally (by telephone) or in writing sent by Buyer to Seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by Buyer to Seller; such terms and conditions of Buyer are hereby rejected by Seller and shall not be incorporated into this Agreement. The following terms and conditions are subject to change without notice and unless otherwise agreed in writing by Buyer and Seller, the terms and conditions published at the time of Buyer's purchase or order placement shall govern.

Product Installation
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage to use Seller's products, Buyer will have a qualified, licensed electrician perform the line voltage work. Installation of the Products by someone other than a qualified, licensed electrician shall be at Buyer's sole risk and responsibility. Seller will not assume any responsibility or accept or assume liability for any line voltage work using the Products, for the electrical installation or modification of any of its Products or for injury or damage related to the foregoing. Products must be installed in compliance with all local, state and federal laws, rules, codes and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Product may result in serious injury, which may result in death or personal injury. Buyer shall consult a qualified, licensed electrician who complies with all applicable local, state and federal laws, rules, codes and regulations and accepts all responsibility for the electrical installation. Seller shall not be responsible for any injury or death resulting from the use or installation of Seller's products. The information on Seller's website regarding the installation of the Products is for demonstration/educational purposes only and is not intended for use by anyone other than a qualified licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information provided through this site is accurate, complete, reliable, useful, current or up-to-date. Seller assumes no responsibility for the accuracy or completeness of such information. seller assumes no risk or liability for buyer's use of any content provided on this site. In no event shall Seller be liable for any direct or indirect loss or damage arising out of or in connection with the use of the information on this site.

Limited Warranty
The warranty guarantees that the product will be free from defects in material and workmanship for the time period defined below when installed, operated and maintained in accordance with applicable codes and regulations, the instructions provided and under "normal use" conditions.

Warranty Period*
*The warranty period for "Residential" refers to all single-family or multi-family dwellings of 3 stories or less. All other properties are "Commercial".

All warranties are subject to the limitations and conditions set forth below.

Visit our "Warranty" page for details

Limitations and Conditions
The warranty does not apply to products that have been misused, mishandled, misapplied, neglected (including, but not limited to, improper maintenance), accident, vandalism, improper installation, improper packaging of products returned to Seller, modifications (including, but not limited to, use of unauthorized parts or accessories), or adjustments or repairs made by someone other than Seller.
The warranty does not cover damage caused by power surges, power spikes, or the application of voltages outside the acceptable voltage range specified in the product specifications. It also does not cover the use of direct current (DC) power when AC (alternating current) power is required (or vice versa), and the use of unapproved electronic transformers and dimmers.
The warranty does not cover "acts of God" such as lightning, floods, hail, tornadoes, fires, earthquakes, hurricanes and other extreme weather events.
The warranty does not cover water damage caused by submersion in water, misdirection of installation, improper assembly, or excessive contact with irrigation nozzles or drainage stream jets (not specifically sold as a submersible product).
The transformer must be installed according to the instructions provided - evidence of improper installation or wiring will void the warranty. Transformer enclosures must be protected from direct contact with salt spray when installed on waterfront properties.
Rust, oxidation and discoloration are normal for natural brass and copper finishes. It is also normal for other types of finishes (e.g. powder coatings) to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, seawater, acid rain and other sources of aggressive agents. These coatings may also be subject to physical elements that can cause damage to the coating. These changes are not covered by the warranty. The warranty does not cover normal patina or finish discoloration on fixtures, including residue buildup from external contaminants, as this is normal for natural metals and part of the true beauty of solid brass and copper in outdoor environments. For those customers with hard water stains or who do not like the natural copper green color, we can clean our solid brass and copper fixtures with a metal cleaner.
These warranties apply only to the original purchaser's ownership of the product and are void when the original purchaser ceases to own the product. These warranties are not transferable to heirs, subsequent owners or others.
These warranties do not cover the labor or other costs or expenses of removing or installing any defective, repaired or replaced product.
If a product is covered by any of the above warranties, the product will be replaced or repaired, or, at Seller's sole option, the purchase price will be refunded.
the above warranties are exclusive and in lieu of all other warranties. except as expressly provided herein, seller makes no representations or warranties of any kind. seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, modification or amendment of this limited warranty by any supplier or distributor of seller.
making claims
If Buyer suspects that a product is defective, the following steps must be followed.

Visit our "Warranty" page for details.

FOB Price
Sold at Gardenreet® Warehouse, where the customer purchased the item at our location. You can pick up your order at our warehouse in Lutz, Florida or choose to have us forward your shipment to you. If you wish to have your shipment shipped to you, we are only responsible for the shipment until it leaves our warehouse and your shipper picks it up. The customer pays the freight and pays us to ship the shipment via your preferred shipper (we usually use UPS by default). Any questions regarding delivery should be directed to your shipper. If we have a tracking number, we will provide it to you to help you communicate with the shipper.

California Proposition 65
WARNING: Products sold here may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Wash your hands after use.

Limitation of Liability
the above limited warranty provides buyer with the sole and exclusive remedy with respect to seller's products. in no event shall seller be liable for (a) any special, indirect, incidental, punitive, or consequential damages, including, but not limited to, lost profits, lost business income or savings, promotional and/or manufacturing expenses, overhead, reputational damage, and/or loss of customers, notwithstanding the failure of any remedy provided herein to achieve the essential purpose, even if seller has been advised of the possibility of such damages or such damages are foreseeable and whether or not premised on a breach of contract, warranty, negligence, strict liability or other theory of liability against any such liability; (B) any claim, demand or action by any third party against Buyer; (C) any loss or claim arising out of the use or installation of Seller's Products, including claims for personal injury or death; (D) any loss or claim arising out of Buyer's performance of Seller's products based on, resulting from, arising out of or in connection with any advice, recommendation or instruction given by Buyer based on, resulting from or otherwise relating to the Products; (D) any loss or claim arising out of or in connection with

RETURNS
Products may be returned only with Seller's prior written consent and authorization, which Seller may refuse to do for any reason. Buyer must call Seller's customer service department to obtain a return authorization number. All returned products must receive a return authorization number from Seller prior to return. Product returns must be received by Seller within 30 days of the product shipment date to avoid incurring restocking fees. Products may be returned only if they are unmarked, unopened, in their original sealed packaging and in all respects resalable. Seller reserves the right to refuse any product returned more than 30 days after the invoice date. Buyer will be responsible for return shipping costs. Buyer is responsible for any lost shipping costs or damage during the return period.

Printing Errors
Seller reserves the right to refuse or cancel any orders placed for products listed at an incorrect price if any of Seller's products are mistakenly listed at an incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.

Governing Law and Jurisdiction
The validity, interpretation, construction and enforcement of this Agreement shall be governed by the laws of the State of Florida, excluding the laws of that jurisdiction relating to the resolution of other conflicts of laws with other jurisdictions. Buyer consents to personal jurisdiction in the state and federal courts having jurisdiction over Hillsborough County, Florida, agrees and consents that the proper, exclusive and convenient venue for each legal proceeding arising out of this Agreement is Hillsborough County, Florida, and waives any defense, whether asserted by motion or pleading, that Hillsborough County, Florida is an improper or inconvenient venue.

Completion Agreement
This Agreement records the final, complete and exclusive understanding of the parties with respect to the matters addressed herein and supersedes any prior or contemporaneous agreements, representations or understandings, oral or written, between any of the parties, including any instruction manuals or other terms and conditions on the written Seller's website.

Term & Termination
These terms and conditions apply to you upon your visit to the Site and/or completion of the registration or shopping process. www.gardenreet.com may terminate these terms and conditions, or any part thereof, at any time and for any reason without notice. Provisions relating to copyright, trademarks, disclaimers, limitations of liability, indemnification and miscellaneous shall survive any termination.

NOTICE
www.gardenreet.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.gardenreet.com.

Miscellaneous
Your use of the Site will be governed in all respects by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.gardenreet.com products) shall be in the state or federal courts located in Hillsborough County, Florida. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of www.gardenreet.com products) must be commenced within one (1) year after the claim or cause of action arises. www.gardenreet.com' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice between the parties shall modify any of these terms and conditions. www.gardenreet.com may assign its rights and obligations under this Agreement to any party at any time without notice.

Use of the Website
Harassment in any manner or form, including by e-mail, chat, or use of obscene or abusive language on the site is strictly prohibited. Impersonation of others, including a www.gardenreet.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload, distribute or otherwise publish through the Site anything that could constitute or encourage a criminal offense, violate the rights of any party or that could give rise to liability or violate any law.

Participation disclaimer
www.gardenreet.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.gardenreet.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.gardenreet.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, and (c) in violation of a copyright, trademark, or

Protection
You agree to indemnify, defend, and hold harmless the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or improper conduct) by you or any other person accessing the Site using your Internet account.

Third Party Links
In an attempt to provide increased value to our visitors, www.gardenreet.com may link to sites operated by third parties. However, even if the third party is affiliated with www.gardenreet.com, www.gardenreet.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.gardenreet.com. These linked sites are for your convenience only, so your access to them is at your own You access them at your own risk. Nonetheless, www.gardenreet.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests access to not only its own web site, but for sites it links to as well (including if a specific link does not work).

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.gardenreet.com. The collective work includes works that are licensed to www.gardenreet.com. Copyright 2003, 2011 www.gardenreet.com, all rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.gardenreet.com or purchasing www.gardenreet.com products. You may display and observe any expressly stated restrictions or limitations relating to specific materials and download or print portions of the materials from the different areas of the site solely for your own non-commercial use or to place an order with www.gardenreet. com or to purchase www.gardenreet.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.gardenreet.com. You further agree not to alter or remove any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of www.gardenreet.com used on this site are trademarks or registered trademarks of www.gardenreet.com, including Gardenreet®

Email opt-in
The primary means of communication between Gardenreet® Lighting (gardenreet.com) a.k.a. "The Seller" and the Buyer will be electronically via email. Buyers opt-in to receive future communications from the seller regarding purchased products, service changes, new product news and important information that may affect the buyer's future use of existing products and/or services. You may unsubscribe at any time through the unsubscribe link in each automated email sent by Gardenreet®.

For a complete list of all warranty terms, please visit our Warranty page.

SMS/MMS Mobile Messaging Program Terms and Conditions
Gardenreet® Lighting ("us", "we", "our") offers a mobile messaging program ( the "Programs") and you agree to use and participate in them in accordance with these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By choosing to join or participate in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any dispute with us through binding, individual-only arbitration, as described in the "Dispute Resolution" section. This agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policies that may otherwise govern your relationship with us.

User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based registration forms. Regardless of the method you use to opt-in to the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the telephone number associated with your opt-in, and you understand that consent is not required to make any purchases from us. While you consent to receive messages sent using an autodialer, the foregoing should not be construed to imply or suggest that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Messaging and data rates may apply.

User Opt-Out: If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to opt out of the Program by replying STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any mobile message from us. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the above option is the only reasonable way to opt out. You also understand and agree that any other method of opting out, including but not limited to texting or verbally requesting one of our employees to remove you from our list other than as described above, is not a reasonable method of opting out.

Notice and Indemnification Obligations: If at any time you intend to stop using the cell phone number that you have used to subscribe to the Plan, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the subscriber opt-out process described above before ending your use of the cell phone number. You understand and agree that your consent is an essential part of these terms and conditions. You further agree that if you stop using your cell phone number without notifying us of such changes, you agree that you will be responsible for all costs (including attorney's fees) and liabilities incurred by us or any party assisting you with the transmission of mobile messages due to claims filed by individuals who are subsequently assigned that cell phone number. This obligation and agreement will survive your cancellation or termination of your agreement to participate in any of our programs.

You agree that you shall indemnify, defend and hold us harmless from any claim or liability arising out of your failure to notify us of a change in the information you provided, including any claim or liability under the Telephone Consumer Protection Act 47 USC § 227 et seq. or similar state and federal laws, and any regulations resulting from our attempts to contact you at the mobile phone number you provided.

Program Description: Without limiting the scope of the Program, subscribers who opt in to the Program can expect to receive news about the marketing and sale of landscape lighting, LED bulbs, plant grow lights and accessories.

Cost and Frequency: Messaging and data rates may apply. The program involves recurring mobile messages and additional mobile messages may be sent periodically based on your interactions with us.

Support Instructions: For support regarding this program, please send Help to the message number you received or send an email to customersupport@gardenreet.com. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures described above.

MMS Disclosure: If your mobile device does not support MMS messaging, the program will send an SMS TM (termination message).

Our disclaimer: The Program is provided "as is" and may not always be available in all areas and may not continue to work with carriers in the event of product, software, coverage or other changes to your wireless device. We are not responsible for any delays or failures in receiving any mobile messages in connection with this program. Delivery of Mobile Messages is dependent on efficient transmission by your wireless service provider/network carrier and is beyond our control. t-mobile is not responsible for delayed or undelivered Mobile Messages.

Participant Requirements: You must have your own wireless device, be able to send messages in both directions, use a participating wireless carrier, and be a subscriber to a wireless service with text messaging service. Not all cellular providers offer the services required for participation. Check your cellular phone's features for specific text messaging instructions.

Age Restrictions: If you are under the age of thirteen (13), you may not use to interact with the Platform. If you use or participate in the Platform and are between the ages of thirteen (13) and eighteen (18), you must obtain permission from a parent or legal guardian. By using or interacting with the Platform, you acknowledge and agree that you are under the age of thirteen (13), between the ages of thirteen (13) and eighteen (18), and have permission from your parent or legal guardian to use or interact with the Platform, or are of age in your jurisdiction. By using or participating in the Platform, you also acknowledge and agree that the applicable laws of your jurisdiction permit you to use and/or participate in the Platform.

Prohibited Content: You acknowledge and agree not to send any Prohibited Content on the Platform. Prohibited Content includes.

Any fraudulent, defamatory, libelous, scandalous, threatening, harassing or stalking activity.

Offensive content, including profanity, obscenity, lewdness, violence, bigotry, hatred and discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

Pirated computer programs, viruses, worms, Trojan horses or other harmful code.

Any product, service or promotion that is unlawful at the time of receipt of such product, service or promotion.

Any implication and/or reference to personal health information protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Excellence Act ("HITEC" Act); and

Any other content that is prohibited by the applicable laws of the jurisdiction in which the message is sent.

Dispute Resolution: If a dispute, claim or controversy arises between you and us, or between you and 317 LABS, INC. or any other third party service provider who transmits Mobile Messages on our behalf within the Scope, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or its breach, termination, enforcement, interpretation or validity, including determining the scope or applicability of arbitration under this Agreement and that such dispute, claim or controversy will be decided by arbitration before a single arbitrator in Lutz, Florida, to the fullest extent permitted by law.

The parties agree to submit the dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Unless otherwise specified herein, the arbitrator shall apply the substantive law of the Federal Judicial Circuit in which Gardenreet® Lighting has its principal place of business, without regard to its conflict of law rules. Within ten (10) calendar days after service of the demand for arbitration on a party, the parties must jointly select an arbitrator with at least five (5) years of experience in the position and knowledge and experience in the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may request the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall determine the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties further agree that the AAA rules governing emergency protective measures shall apply in lieu of seeking emergency injunctive relief from the courts. The decision of the arbitrator shall be final and binding, with no right of appeal by either party except as provided in Section 10 of the FAA. Each party shall bear its share of the arbitrator's fees and costs of administering the arbitration; provided, however, that the arbitrator shall have the right to order a party to pay all or any portion of such fees as part of a reasoned award. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by law or contract. The arbitrator shall have no authority to award punitive damages, and the parties hereby waive any right to seek or recover punitive damages in connection with any dispute resolved by arbitration. The parties agree to arbitrate on an individual basis only, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as required by law, neither party nor the arbitrator shall disclose the existence, content, or outcome of any arbitration without the prior written consent of both parties, except to protect or pursue legal rights. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or render such term or provision invalid or unenforceable in any other jurisdiction. If for any reason the dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. If you cancel or terminate your agreement to participate in any of our programs, this arbitration provision will remain in effect.

MISCELLANEOUS: You warrant and represent to us that you have all necessary rights, powers and authority to agree to these Terms and to perform your obligations under this Agreement, and that nothing in this Agreement or the performance of such obligations will cause you to breach any other contract or obligation. The failure of either party to exercise any of its rights under this Agreement in any respect will not be deemed a waiver of any further rights under this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to keep this Agreement otherwise fully valid and enforceable. Unless otherwise expressly stated in writing, any new features, changes, updates or improvements to the Program will be governed by this Agreement. We reserve the right to change this Agreement from time to time. You shall be notified of any updates to this Agreement. You acknowledge that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. Continued participation in the Program following any such changes constitutes your acceptance of this Agreement (as modified).