Lush Garden Center – Terms and Conditions

Welcome to Lush Garden Center. By accessing, browsing, or using our website and purchasing products from us, you agree to be bound by the following Terms and Conditions. These terms govern your relationship with us and outline the rights, responsibilities, and legal obligations of both parties. We encourage you to read this document carefully before placing any order, as it contains important information regarding your use of our platform and the products we offer. If you do not agree with any part of these terms, please refrain from using our services.

These Terms and Conditions constitute a legally binding agreement between you and Lush Garden Center. We reserve the right to update, modify, or revise these terms at any time without prior notice. Any changes will be posted on this page, and your continued use of our website following such changes constitutes your acceptance of the new terms. It is your responsibility to review this page periodically to stay informed of any updates.

Use of Our Website

By using our website, you represent and warrant that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into binding contracts. You agree to use our site solely for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else’s use and enjoyment of the site. Prohibited activities include, but are not limited to, transmitting harmful code, attempting to gain unauthorized access to our systems, engaging in fraudulent transactions, or misrepresenting your identity.

All content displayed on our website—including product images, descriptions, pricing, logos, graphics, text, and design elements—is the exclusive intellectual property of Lush Garden Center or our content suppliers. This content is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, perform, or create derivative works from any material on this site without our prior written consent. You are granted a limited, revocable, non-exclusive license to access and make personal, non-commercial use of our site, provided that you do not download or copy any content for commercial purposes.

Product Information and Accuracy

We strive to provide accurate and up-to-date information regarding our products, including descriptions, specifications, pricing, and availability. However, we do not warrant that product descriptions, colors, or other content on our site are error-free, complete, or current. Colors may appear differently on various screens and devices, and actual product dimensions may vary slightly due to handcrafted nature or manufacturing tolerances. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after an order has been submitted.

Prices for our products are subject to change without notice. We make every effort to ensure that all pricing displayed on our site is accurate, but errors may occasionally occur. In the event that a product is listed at an incorrect price, we reserve the right to refuse, cancel, or adjust any orders placed for that product, whether or not the order has been confirmed. We will notify you of such changes and offer you the option to proceed with the corrected price or cancel your order.

Order Acceptance and Cancellation

When you place an order through our website, you are making an offer to purchase the products selected. Your receipt of an order confirmation does not signify our acceptance of your offer; it merely confirms that we have received your order. We reserve the right to accept or decline any order for any reason, including product availability, pricing errors, or suspected fraudulent activity. In some cases, we may require additional verification before processing an order.

We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we cancel an order after you have been charged, we will issue a full credit to your original payment method. We may also cancel any order that we believe to be in violation of these Terms and Conditions or applicable laws.

Product Availability and Substitutions

Our product inventory is dynamic and subject to seasonal availability, supplier production schedules, and natural growth cycles—particularly for live botanical items. While we make every reasonable effort to fulfill your order as placed, there may be instances where a specific item is no longer available. In such cases, we will contact you to offer a suitable replacement of equal or greater value, or provide you with the option to cancel that portion of your order. We will not substitute any live plant or hardgood without first obtaining your explicit consent.

Risk of Loss and Title

Ownership of all products purchased from Lush Garden Center transfers to you upon our dispatch of the items from our facility. Once the products are handed over to the carrier, you assume all risk of loss, damage, or theft during transit. However, we remain committed to assisting you with any transit-related issues, and our customer support team will work diligently with you and the carrier to resolve any problems that arise. Please refer to our Shipping Policy for more details on how we handle in-transit concerns.

Returns and Exchanges

Our return policy is designed to be fair and transparent. We accept returns on eligible hardgoods within the specified timeframe, provided the items are in original, unused condition with all packaging intact. For live plants, returns are subject to strict time limitations and health assessments. Detailed return procedures and conditions are set forth in our separate Return Policy, which forms an integral part of these Terms and Conditions. All returns must be initiated through our designated process and receive prior authorization before being sent back to us.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, Lush Garden Center provides its products and services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our website, the content displayed, or the products sold. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our site will be uninterrupted, error-free, or free of viruses or other harmful components. This disclaimer does not affect any statutory rights you may have as a consumer that cannot be excluded or limited.

Limitation of Liability

In no event shall Lush Garden Center, its directors, employees, affiliates, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or products, including but not limited to loss of profits, data, goodwill, or other intangible losses. Our total liability to you for any claim arising out of or relating to these Terms and Conditions or your purchase of our products shall not exceed the total amount paid by you for the specific product giving rise to the claim. This limitation of liability applies regardless of the legal theory on which the claim is based, whether contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Lush Garden Center and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with your violation of these Terms and Conditions, your misuse of our website, or your infringement of any third-party rights.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Lush Garden Center operates, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these terms or your purchase of our products shall be resolved exclusively through binding arbitration in accordance with the rules of a recognized arbitration association. The arbitration shall be conducted in the English language, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that any claim you may have against us must be brought within one year after the cause of action arises, or it will be permanently barred.

Severability and Waiver

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Lush Garden Center to enforce any right or provision of these terms shall not constitute a waiver of such right or provision, nor shall it prevent us from enforcing that right or provision in the future.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Return Policy, and Shipping Policy, constitute the entire agreement between you and Lush Garden Center regarding your use of our website and your purchase of our products. They supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

Thank You

We appreciate your interest in Lush Garden Center and your trust in our curated selection of garden products. We are committed to maintaining a fair, respectful, and legally sound relationship with every customer. If you have any questions about these Terms and Conditions, please take a moment to review our other policies or consult with a legal professional. Thank you for choosing us to help bring beauty and vitality to your outdoor living space.