TERMS & CONDITIONS

Last updated December 9, 2009

Welcome to the Eve's Garden Wholesale website. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow and be bound by the agreement. If you do not agree to these terms, please do not use the evesgardenwholesale.com website.

Terms and Conditions May Change

Eve's Garden, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

Wholesale Requirements

To qualify for a wholesale account at Eve's Garden, Inc. you must be able to provide a copy of your Sales Tax Certificate (Resale Certificate) and/or your Business License upon request.

Copyright Notice

All of the Content you see and hear on the evesgardenwholesale.com website, including, for example, all page headers, images, graphics, and text, are subject to trademark, copyright and/or intellectual property rights or licenses held by Eve's Garden, Inc, one of its affiliates, or by third parties who have licensed their materials to Eve's Garden, Inc. The Eve's Garden, Inc. logo and certain other affiliate's logos are trademarks of Eve's Garden, Inc. The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, noncommercial use, (2) do not copy of post the Content on any network computer or broadcast the Content publicly, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transfer, or create derivate works from this website's Content unless you have first obtained written permission from Eve's Garden, Inc.

Hyperlinks to other Web Sites

To the extent our website contains hyperlinks to outside services and resources, the availability and content of which Eve's Garden, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer

This website and all Content available on this website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or materials you use in connection with your use of this website, and that Eve's Garden, Inc. shall not be liable for any damages of any kind related to your use of this website.

Product Information

Most products displayed on our website or in our catalog are available to wholesale buyers only. In some cases, merchandise displayed on our website may not be available to wholesale buyers at this time.

Pricing

Our prices are subject to change without notice. Any discounts or special prices are valid only if they are paid for in full according to our agreed upon policies.

Return Policy

If you are dissatisfied with your order for any reason, we will gladly replace your purchase with a similar product or refund the purchase price on claims made within 48 hours of your receiving the product. Returns are subject to a 15% restocking fee. The original shipping/handling charges, return shipping charges, and restocking fees are not refundable. Refunds are made in the same form of payment originally used for purchase within 7 days of our receiving your return. In the event of a shortage or damage, you must notify us immediately and keep the damaged merchandise for inspection by the delivery carrier. All claims must be reported to Eve's Garden, Inc. via email within 48 hours from your receipt of the merchandise.

Because we are dealing with LIVE, PERISHABLE PLANTS please remove the plants from the package immediately and provide with fresh water and protection from excessive temperatures.

Inaccuracy Disclaimer

The information in this document may contain typographical errors or inaccuracies. Eve's Garden, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We have done our best to display and describe the products as accurately as possible. However, we do not warrant that product descriptions or other content, including product images, are accurate, complete, reliable, current, or error-free.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on this website. We cannot guarantee that your computer monitor's display of any color will be accurate.

Information You Give Us

We receive and may store any information you enter on our website or give to our website in any other way. For example, we collect information you provide when you send us an email or call us. This information may include:

your name
your mailing address
your e-mail address
your phone number

It may also include other personal or preferential information you provide to us.

It may also include information you submit about other people; for example, the name and address of a gift recipient.

We will never request your password, user name, credit card information, or other personal information through email. This practice, called "phishing", is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond.

Information from Other Sources

We may receive information about you from other sources. This may help improve the personalization of our service to you by providing better products or special offers which we think will interest you.

Protecting Children

Eve's Garden, Inc. takes special care to protect the safety and privacy of children. Our web sites are general audience sites. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

Links to Third Party Sites

Our website may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.

Policy Changes

If we decide to change our terms and conditions in whole or in part, we will inform you by posting a notice on our web site. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our web site and will replace any prior policies that are inconsistent.

User Comments & Feedback

We welcome your comments about our website; however, any comments, feedback notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our website shall be and remain the exclusive property of Eve's Garden, Inc. Your submission of any such Comments shall constitute an assignment to Eve's Garden, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Eve's Garden, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensation to you. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

We are here as your marketing partner to make both of us successful so please contact with us with any questions. To help us improve our policies and practices, please give us your feedback. Please contact us.

©2009 Eve's Garden, Inc. Reproduction, republication or redistribution of Eve's Garden, Inc. content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Eve's Garden, Inc. Eve's Garden, Inc. Eve's Garden Gifts, Eve's Garden Wholesale, the Eve's Garden, Inc. logo and the subsidiaries of Eve's Garden, Inc. and their logos and icons are trademarks of Eve's Garden, Inc.