Terms of service

^{Last updated: June 12, 2024}

1. Acceptance of Terms

1.1. The terms of use listed here after regulate the usage of the website of www.towergarden.com This website is operated by Tower Garden, LLC (hereafter called “Tower Garden”).

1.2. Please read these terms of use carefully before you use the Tower Garden website. By using the website, you agree to be bound to these terms of use. The use of this website is only admissible based on the users’ agreement with the website terms of use.

2. Types of Users

2.1. Any person using the site 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 Website with the knowledge and consent of the parent or legal guardian, who is deemed to have acknowledged and agreed to these Terms.

If the user does not agree to these Terms, the user should not access or otherwise use the website.

3. Privacy

3.1 User must have read and understand the terms of the Tower Garden Privacy Policy available here or can be accessed at the bottom of the page at towergarden.com. This policy is incorporated by reference into this agreement as if fully set forth herein.

4. Links from third-party websites

4.1. You may have reached this Tower Garden website via a link from another website. If so, we want you to know that this website is not under the control of Tower Garden, LLC. Tower Garden, LLC therefore cannot be responsible for the contents of this linking site or of any other websites it may in turn be linked to. We allow such links for your convenience only, and they do not constitute or imply endorsement by Tower Garden, LLC of the contents of any of these other linked sites.

4.2. Links of content of other providers are to be differentiated from Tower Garden owned content. If Tower Garden does not verify the content of these different links. If Tower Garden finds out or is told by third parties that the content of the third-party website or the document to which Tower Garden has provided a link, triggers a responsibility under civil or criminal law, Tower Garden will remove the link to this offer promptly.

5. Registration

5.1 Some pages of the Tower Garden website can be password protected. Access to these pages is only possible for registered users. There is no entitlement to a registration by Tower Garden. If a registration intended, the user is obligated to make truthful statements for registration and to indicate possible later modifications that are inquired during the registration immediately upon next usage.

5.2 The user is solely responsible for the safety of his password. Disclosure to third parties is not admissible. If the password has become known to unauthorized persons, the user is deemed to change his password immediately.

6. Copyright

6.1 All content of this website, especially logos, video clips, movies, photos, texts, business designations and brands are protected by copyright. Users may not reproduce, modify, duplicate, resell or use intellectual property or other content of the Tower Garden website for commercial or non-commercial purposes without the prior written agreement of Tower Garden, LLC.

7. Disclaimer

7.1 The Tower Garden, LLC prohibits the use of privately produced materials to promote the performance or characteristics of Tower Garden products. You should therefore rely only on those product descriptions contained in this website and in other official Tower Garden literature.

8. Warranty

8.1. Tower Garden, LLC does not warrant that the site or services will meet user requirements, or that site services will be uninterrupted or error-free or that defects in the site will be corrected. The content and services made available on the site are provided on an “as is” and “as available” basis.

8.2. The conditions, information and features included in the Terms are subject to change at any time without notice. By accessing or linking to these Terms (to the extent linking is permissible), the Customer represents and warrants to assume the risk that the information may be changed or removed from the last access.

8.3 Tower Garden, LLC reserves the right to modify, update, add, discontinue, remove, revise, or otherwise change any portion of the Terms, in whole or in part and at any time. For changes to these Terms to be considered material, Tower Garden will notify the Customers on the Website within a reasonable amount of time.

9. Services

9.1 Tower Garden, LLC sells on its website towergarden.com including all the relevant sub-domains (“Website”) and through Tower Garden freelance partners (independent contractors) its Tower Garden products (“Products”) to end consumers (“Customer”).

9.2 Any order (“Order”) received by Tower Garden, LLC in accordance with clause 10.1 is accepted by Tower Garden at its own exclusive discretion. The Order is accepted and the contract is finalized (“Contract) when the Customer i) receives a confirmation email from Tower Garden/ Tower Garden, LLC; and / or ii) receives the Products.

9.3 Before an Order is submitted, the Customer has the right to choose between the option of a single full payment or a 12 (twelve) monthly instalments plan. 12 (twelve) monthly installment plans are only available when the Order contains a Tower Garden Unit. The Customer represents and warrants that TOWER  may refuse an Order payment in instalments.

9.4 Prices listed on the Website are exclusive of tax.

9.5 The Customer represents and warrants that once the Order is submitted to Tower Garden it is not possible to change it. For any change after the Order submission, the Customer shall contact the Tower Garden Service Center via email to [email protected] or by phone 1-866-235-0414.

9.6 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 Products without notice, even if the Customer has already placed the Order.

9.7 Orders purchased direct from Towergarden.com are allocated to local Field Partners who will be available to assist the Customer with any service needs.

9.8 For Tax Exempt customers, please email our Customer Experience Team at [email protected] to place your order and please include a photo of your Tax Exempt card. If your order is submitted in our online store, you will be subjected to pay taxes. If you have any questions, please call our Customer Experience Team at 1-866-235-0414 or [email protected] .

10. Shipping and Delivery

10.1 Any shipping delivery requests by the Customer are only binding in case it is expressly agreed and confirmed in writing by Tower Garden, LLC. 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 10.2 applies. Tower Garden may choose different shipping methods at its own discretion.

10.2 Customer represents, warrants and agrees that i) Tower Garden, LLC shall not be held liable for any delay occurred due to force majeure events or beyond the reasonable control of Tower Garden, LLC; and ii) such delay does not free the Customer from the Contract.

10.3 You acknowledge and agree that Tower Garden, LLC is no longer responsible for your product delivery once the product is delivered to the address you have indicated.

10.4 Freight Fee will be added at checkout when applicable. Tower Garden products shipping to Alaska, Hawaii or Puerto Rico will have an additional freight charge per unit. There will be an additional freight charge for Community Gardens. The additional freight for Community Gardens may vary from state to state. If you request another method of shipping and we agree to it, we may need to apply additional shipping costs.

10.5 The Customer acknowledges that transfer of ownership of the Product occurs only after full payment of the Order by the Customer.

10.6 Tower Garden, LLC is not responsible or liable for any product that has been confirmed as delivered to your address and is subsequently lost or stolen. It is the Customer's responsibility to ensure the safe receipt of the product once it has been delivered.

11. Payment and Other Charges

11.1 The Order can be paid (“Payment”) using the following processing options: Visa, MasterCard, American Express, Discover and Shop Pay.

11.2 Payment is processed once the Order is submitted to Tower Garden, LLC.

11.3 If the Customer is late with the due Payments, in whole or in part, beyond sixty (60) days, the amount due will be forwarded to a third-party collection agency.

12. Return

12.1 Tower Garden, LLC, is proud of the quality of its Products and certifies that the Products meet high regulatory standards for consumer use. If the Tower Garden is not what the Customer was expecting, the Customer may return the Product within 90 days of the sale date for a refund if the Product is unused, resalable and in original boxes.

12.2 Tower Garden, LLC will refund the Order on the same payment method that the Customer used for the purchase.

13. Commercial Communications

13.1 By submitting an Order, the Customer acknowledges and agrees to receive Tower Garden commercial communications in the form of electronic email, newsletters, etc. using contact details provided in accordance with the Privacy Policy.

14. Enforceability and Disputes

14.1 If individual parts of the Terms are declared wholly or partially invalid or ineffective, the other clauses shall retain their validity.

14.2 Any modification or addition to the Terms requires the written consent from Tower Garden.

14.3 For any dispute that the Parties will not be able to resolve informally, the Parties agree that the dispute shall be submitted to the federal or state courts located in the United States of America.

15. Liability

15.1 The Customer represents and warrants to read the instructions and Product labels before using any Product 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, LLC prompt notice of claims regarding a Product and to cooperate with Tower Garden, LLC in any investigation.

15.2 Even though the contents of this website were created with greatest diligence, Tower Garden assumes no responsibility for the timeliness, correctness, completeness or quality of the provided information. Liability claims towards Tower Garden, provided that no personal injury are concerned that are caused by the usage of faulty and/or incomplete information are categorically excluded, as far as Tower Garden has not acted in gross negligence of intentionally.

15.3 Tower Garden, LLC always makes an effort to keep the Tower Garden website free of viruses, Tower Garden does not guarantee that this is always possible. Prior to downloading information, the user will ensure adequate safety installations and virus scanners for your own protection and for the prevention of viruses on the Tower Garden website.

Tower Garden is responsible as provider of the content for its “own content” that are provided for usage according to general law.