Last Updated: June 15, 2024
Welcome to GardenPro Tools. These Terms and Conditions ("Terms") govern your use of the GardenPro Tools website (the "Website") located at gardenpro-tools.com and your purchase and use of our products. These Terms constitute a legally binding agreement between you and GardenPro Tools ("Company", "we", "us", or "our").
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any of our products or services.
You must be at least 18 years of age to use this Website or purchase products. By using this Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
To access certain features of the Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and password, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.
You agree not to engage in any of the following prohibited activities:
We strive to provide accurate product descriptions, specifications, and images. However, we do not warrant that product descriptions, specifications, pricing, or any other content on the Website is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
All prices listed on the Website are in US Dollars unless otherwise specified. Prices are subject to change without notice. We reserve the right to discontinue any products at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not guarantee the availability of any product. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price.
When you place an order through our Website, you are making an offer to purchase the products in your order. We may send you an order confirmation email acknowledging receipt of your order, but this does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, errors in pricing or product information, or problems identified by our fraud detection procedures.
Once we accept your order, we will send you a shipping confirmation email. At this point, a contract is formed between you and GardenPro Tools for the purchase of the products.
We accept various payment methods, which are displayed on the checkout page. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.
Payment processing services for GardenPro Tools are provided by trusted third-party payment processors. You agree to comply with the terms and conditions of our payment processors. Your payment information is processed through secure payment gateways and stored according to the highest security standards.
Sales tax will be added to the price of purchases as deemed required by us. We may collect such taxes and apply them as required by local law. You are responsible for any taxes, duties, or other governmental assessments that may apply to your purchase.
We offer various shipping options, which will be presented to you during checkout. Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays that are beyond our reasonable control, including but not limited to delays due to customs processing, severe weather conditions, or carrier delays.
Shipping costs are calculated based on the weight, dimensions, and destination of your order. These costs will be displayed during the checkout process before you confirm your order.
We ship internationally to most countries. For international orders, you are responsible for all customs duties, taxes, and any other import charges that may apply. These charges are not included in the purchase price or shipping costs and are your responsibility to pay directly to the relevant authorities.
The risk of loss and title for items purchased passes to you upon delivery of the items to the carrier. It is your responsibility to file any claims with carriers for damaged and/or lost shipments.
Our Return and Refund Policy is detailed in our separate Refund Policy document. By using our Website and purchasing our products, you agree to be bound by the terms of our Refund Policy.
GardenPro Tools provides a warranty for all products. The duration and terms of the warranty vary by product and are specified on the product page or included in the product packaging. Our standard warranty covers defects in materials and workmanship under normal use during the warranty period.
The warranty does not cover damage resulting from improper use, accidents, modifications, or unauthorized repairs. Normal wear and tear are also excluded from the warranty coverage.
To make a warranty claim, please contact our customer service with your order number, a description of the defect, and photos or videos documenting the issue. If approved, we will either repair or replace the defective product at our discretion, or provide a refund as detailed in our Refund Policy.
The content on our Website, including without limitation, the text, graphics, photos, designs, logos, trademarks, service marks, and other content (collectively, "Content"), is owned by GardenPro Tools or its licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for your personal, non-commercial use. This license does not include:
"GardenPro Tools" and all related logos, product and service names, designs, and slogans are trademarks of GardenPro Tools or its affiliates or licensors. You must not use such marks without our prior written permission.
Our Website may allow you to post reviews, comments, and other content. By posting any content on the Website, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You agree not to post content that:
We reserve the right, but not the obligation, to monitor, edit, or remove any content posted on the Website. We may remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GARDENPRO TOOLS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO GARDENPRO TOOLS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless GardenPro Tools, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
These Terms and any disputes or claims arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Japan.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of Mie Prefecture, Japan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any dispute arising from or relating to the subject matter of these Terms shall first be attempted to be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, the dispute shall be finally settled by arbitration in Mie Prefecture, Japan, using the Japanese Arbitration Association rules.
The arbitration shall be conducted in English by a single arbitrator with expertise in the subject matter of the dispute. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by GardenPro Tools of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GardenPro Tools to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, our Privacy Policy, and our Refund Policy constitute the entire agreement between you and GardenPro Tools regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and GardenPro Tools.
We may revise these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms, please contact us at:
GardenPro Tools
8-3-10 Miyazawa, Yoshida-cho, Nishi-ku
Nishinosono City, Mie Prefecture, 8018052
Japan
Phone: +6835523883
Email: [email protected]