Terms of Use - Nymph Garden
This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Nymph Garden, its affiliates, and each of their respective successors and assigns (collectively, “Nymph Garden”) governing your use of www.thenymphgarden.com, and related websites and social media sites operated by Nymph Garden (collectively the “Site”). You hereby agree implicitly and without express written consent that you have read and agree to be bound by the outlined terms and conditions. If you do not agree to abide by these Terms of Use, please refrain from using the Site.
Nymph Garden reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Site at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site after any such changes shall constitute your consent to such changes.
21 & Over Only Disclaimer
Registration and participation on this website (including Nymph Garden Twitter & Instagram pages) is restricted to those individuals who are over 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, you hereby represent that you are over 21 years of age and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 21 in all states as the Site is not intended for persons under 21. If you are under 21 years of age, [please exit and do not use the Site] . In addition, those who wish to register and participate must meet all requirements stated in the Terms of Use. Products CANNOT be purchased for those under the age of 21 in any circumstance. In order to purchase a product from Nymph Garden you MUST be over 21 years of age. No exceptions.
Since our Website is offering perishable goods we do not provide refunds or returns after the product is shipped, which you acknowledge prior to purchasing any product on the Website. Please make sure that you've carefully read product description before making a purchase.
Contacting us:
If you would like to contact us concerning any matter relating to this Refund Policy, you may do so via the contact form.
Validating Your Order
After you place an order using our shopping cart, Nymph Garden will check the information you give us for validity, by verifying your method of payment or shipping address. Nymph Garden reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If Nymph Garden rejects your order, Nymph Garden will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if Nymph Garden rejects an order, but Nymph Garden will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Nymph Garden reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, to anyone for any reason. A Nymph Garden order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, Nymph Garden reserves the right to decline an order for any reason, even after an order invoice is issued.
Taxes
You are responsible for any sales, duty or other governmental taxes or fees due with respect to your order. Nymph Garden will collect applicable sales tax if Nymph Garden determines that it has a duty to collect sales tax. Nymph Garden will present any taxes that Nymph Garden is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Order Limitations/Limited Quantities
Nymph Garden may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Nymph Garden also reserves the right to reject any order you place with us. In the event Nymph Garden makes a change to an order, Nymph Garden will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
Shipping Risks
Nymph Garden will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier.
Termination of Use
Nymph Garden may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Nymph Garden reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Collections
In the event Nymph Garden must pursue collections of any debt owed to the company resulting from a sales transaction, not limited to fraud, credit card reversals, credit accounts, etc., Nymph Garden will be entitled to actual costs associated with the collections, including, but not limited to, actual legal fees and costs, travel fees, airfare, mileage, lodging, and other necessary costs associated with the collections.
Product Updates/Errors on Site
Product information and prices displayed on the Site are subject to change without notice. Errors will be corrected where discovered, and Nymph Garden reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nymph Garden will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Pricing Policy
Prices and offers are subject to change.
Postings
Nymph Garden may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, profiles, and postings on our Site; however, Nymph Garden is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, solicitations or inaccuracy contained in any information transmitted to any such locations on our Site. Nymph Garden will cooperate with law enforcement or a court order requesting or directing Nymph Garden to disclose the identity of anyone posting any information or material prohibited by this Agreement. Nymph Garden may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nymph Garden, its clients, or the public.
Trademarks
The “Nymph Garden” name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Nymph Garden and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Nymph Garden. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Nymph Garden and may not be copied imitated or used, in whole or in part, without the express prior written permission of Nymph Garden.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, you must immediately stop using the Site.
Indemnification
You shall defend, indemnify and hold Nymph Garden harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Site or (ii) your breach or violations of this Agreement.
Effective: May 6th, 2020