Terms and Conditions

When placing an order with us, there is a tick box at the checkout that is required to be ticked to complete your order, please ensure you read and fully understand the terms and conditions before proceeding, by clicking yes to our terms and conditions and completing your order you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of providing to the Client in the most appropriate manner, the Company’s stated products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © MoxyGarden 2019 All Rights Reserved

Firstly, by accepting our Terms & Conditions You are agreeing to & Stating that any purchase from MoxyGarden, equipment and grow boxes will not be used for illegal activities in any way shape or form, we will not condone, informably sell to, or give advice on any subject that we deem may be or feel might be for illegal purposes.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

In any case where you provide personal information, we will only use it to deliver the services you have requested. We do not pass or sell your personal information to anyone outside of the MoxyGarden business apart from the necessary details obviously required to process credit/debit card payments.

MoxyGarden may occasionally inform you of new services and products related to those you have ordered or registered for and of changes and activities within the site. You have the right to opt-out of receiving this information, for more information contact info@moxygarden.com

MoxyGarden does not automatically capture or store personal information, other than the required details to process orders and transactions. We do not pass or sell any of your information or details to other companies under any circumstances

Confidentiality

As under the Data Protection Act 1998, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client Records are regarded as confidential and therefore will not be divulged to any third party, other than our courier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our products. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:

exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards, and Paypal are at the moment the acceptable methods of payment. Our Terms are payment in full upon purchase. No matter how your payment is sent or by what method you choose, no items will be sent out, nor production started until it is 100% clear that payment has been made in full and has been cleared.

Cancellation of Orders

Orders can be cancelled but they must be cancelled within 24 hours, or a charge for the cost of labour (construction in cases of grow cabinets) and administration of the purchased unit will incur,(this cost will vary) as each unit is built to order, so the unit may not be resalable so please bare this in mind before purchasing! Cancelled orders within 48 hours will be refunded minus our import shipping costs and costs of cancelling the order with our supplier, bare in mind more expensive and heavy goods do incur much higher shipping costs and charges that we add to our initial sale prices

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of that area and ease of use for those people visiting.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which may be linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website [and buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Delivery

Grow rooms/cabinets are dispatched within 14-28 days, delivery on these items take 1-3 days so please allow 15-30 days for your cabinet to arrive after payment has been cleared. Customers in shortlisted EU countries will be asked to pay a fee depending on total package weight. Deliveries outside our EU shortlist will be charged on a case-by-case basis for shipping, any and all further charges, ie import/customs taxes are to be settled by the Client.

All our orders are sent in secure and discrete plain packaging. Please always check the items before accepting it from the courier, if it is not signed for as damaged, we are unable to cover this item under the insurance due to not knowing if the damage was done while in transit or after delivery was accepted.

Due to the possibility of fraudulent transactions, additional identification and proof of payment authorisation and ownership may be required. The information will then be passed on to our bank and fraud screening department for authorisation.

Security

We follow strict rules to ensure industry standards are met to protect the personal information submitted to us and to ensure we have the most secure transactions possible, both during transmission and once we receive it.

Damaged Items

On arrival of receiving your unit, you must check the goods for any damages or breakages BEFORE signing for it! If you do not do this and then find out something is broken, we can not be held liable and you will not be covered by the insurance for any after delivery damages. This is not our rules but the rules of the insurance company. If your unit does arrive damaged please state when signing that the items or item is damaged, contact us and we will immediately start an insurance claim on your behalf! All broken or missing items must be reported to us within 24 hours for it to be valid for an insurance claim, as we have only 48 hours to communicate to the courier. Any reporting later than those 24 hours will be considered on a case-by-case basis.

Broken Items

Broken items must be reported within 24 hours of arrival to enable us to ensure this is genuine, once the Damaged item is returned and inspected you will be issued with a brand new replacement

Returns

All returns must be received within 7 days, and must be returned to us via recorded delivery with tracking numbers so we can confirm it has in fact been sent to us, It is your duty to return the item and cover transport costs. You must also contact us beforehand to make us aware of the problem and to confirm that you are in fact returning the item or items. Please be aware there is also a £10 restocking fee on equipment if you wish to cancel the order after dispatch. If the order is required to be returned from another country outside the uk, please bare in mind there may additional export charges required for the return of the item. Please note the cost of postage will deducted from the total amount refunded.

PLEASE BE AWARE WE DO NOT ACCEPT GOODS BACK FOR A REFUND IF THEY HAVE BEEN OPENED OR USED OR DAMAGED AFTER DELIVERY!

If you wish to return goods you have a duty to keep them in your possession and to take excellent care of them until you return them. Please contact us if you would like to return your order, and we will send you the required information and details. Goods must be returned in their original condition, be unused and include all immediate packaging, or we have the right to refuse the refund or may deduct the cost of the damages.

Under the consumer law we do not accept returns after 30 days of you receiving the goods, If an item is faulty we will accept the item back for testing and will replace or fix this for you. Opened or Used items cannot be returned for a refund as they can not be resold

When signing for the unit on arrival you are accepting delivery of the unit and deeming that it meets the requirements of your purchase, we can not be held liable for any damage, misuse of the cabinets, or wrong assembly.

All Faulty items MUST be reported to us as soon as possible, You MUST return the faulty item to us and we will then return the item to the manufacture for testing and they will either replace the faulty item or fix it. PLEASE NOTE WE DO NOT REPLACE FAULTY ITEMS. If the item is found not faulty and it is due to a customer fault you will have to pay the postage cost for the item to be returned to yourself.

Returns

Insurance

Once the unit leaves us we have little control over the delivery and carriage of the unit, however if your unit arrives damaged in any way then please contact us within 48 hours and we will start an insurance claim for you. All grow boxes come with a standard loss and damage insurance but premium insurance is available on request.

All items are sent via recorded delivery and are very well packaged. they are covered by standard insurance and are using the safest and most respectful delivery companies, so we do not take responsibility for any type of loss, damages or theft incurred, that for whatever reason may not be included in the insurance policy, please contact us if you wish to purchase premium insurance that covers unlikely events