Updated September 5, 2008.
Thank you for visiting bensgarden.com. We have prepared the information below to ensure that your experience on our website is one you'll want to repeat again and again. Bensgarden.com, Inc. provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site.
Copyright & Legal Information:
This website is expressly owned and operated by Bensgarden.com, Inc. The mailing address Bensgarden.com, Inc. is 95 Audrey Ave., Oyster Bay, NY 11771. Ben’s Garden, Ben’s Garden Oyster Bay, Ben’s Garden Wheelbarrow Logo, Superstrong Magnets, Greenthumb Super Food and bensgarden.com are all property of Ben’s Garden, Inc. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission Bensgarden.com, Inc. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Bensgarden.com, Inc.
Customer Information:
To place orders from our website and to receive catalogs and other information from us via mail, you must create an account on our website. During the ordering process, we obtain billing, mailing and other information to better serve you as a customer. This information is required in order to shop from our website.
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us or our shipping provider with information regarding orders they have placed on-line. At no time is our customer information shared with other companies or entities for any reason.
Security:
Orders placed on our site are encrypted using SSL technology, so you can rest assured that your transactions are protected. With SSL implemented on both the client and server, information sent via the Internet can be trusted to arrive privately and unaltered to our Server. We have appropriate security measures in place on the website and in our physical facilities to protect against the loss, misuse or alteration of any information that we have collected from you at our site. We do not store credit card numbers from online transactions
Cookies:
We do not set any cookies, rather something similar to cookies called session variables. This allows us to record which pages users’ access in order to enhance the usability of our site. No other information is collected and usage of this tracking method is in no way linked to any personal identifiable information while on our site.
Terms and Conditions:
Your use of this Web site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the bensgarden.com website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the bensgarden.com website.
Ben’s Garden reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the bensgarden.com web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web site.
Your Account:
You are responsible for maintaining the confidentiality of your account and password information, and you agree to accept responsibility for all activities that occur under your account and password. Ben’s Garden reserves the right to refuse service, terminate accounts remove or edit content or cancel orders.
By placing an order, you warrant that you are over 18 years of age, and that you are providing Ben’s Garden with accurate, truthful information and that you have the authority to place the order.
Shipping:
Our goal is to deliver your purchase as quickly as possible. All orders have a processing time of 2-3 days if the merchandise is in stock. The exact shipping cost for your order will be added and displayed at checkout. All orders are subject to availability. If an item is made-to-order please allow up to 3 weeks for shipment, you will be notified via email. We do not ship on Saturdays, Sundays, or holidays. You may track your order via the UPS website. Your tracking number will be e-mailed to you when your order has shipped.
Please note that Two Day and Overnight Delivery refer only to delivery time and not to the time needed to prepare your order. While most orders are ready for shipping within one day of ordering, some orders take additional time. Any questions regarding your shipment may be e-mailed to orders@bensgarden.com
Returns:
The original sales receipt must accompany all returns. Items returned within 7 days of purchase will be credited back in the original form of payment. Returns within 30 days of purchase will be issued merchandise credit. Merchandise must be in proper condition and in the protective wrapping. Custom orders and delivery charges are nonrefundable.
Shipping charges apply for ALL returns and exchanges. Merchandise may ONLY be returned via the website (return address is below).
Returns Instructions:
1. You must include a copy of the return slip with your package.
2. Pack and securely seal the merchandise in the original package if possible.
3. Insure the package for its contents.
4. Address the package to:
Bensgarden.com, Inc.
Attn: Web Returns
95 Audrey Ave., Oyster Bay, NY 11771 USA
Limitation of Liability:
Given the unpredictability of technology and the online environment, Bensgarden.com, Inc. does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Bensgarden.com, Inc. shall not be liable for damages of any kind related to your use of or inability to access this website.
Indemnification:
You agree to indemnify, defend, and hold harmless Ben’s Garden, its officers, directors, employees, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.