RETURN POLICY


ORDERING AND PAYMENT

Please review your order carefully, as it cannot be changed once submitted.

At the end of your order process, you will receive an order confirmation number, and a confirmation email to the email address you supplied.

We accept the following methods of payment:

We are unable to process your order if we do not receive authorization from your credit card company. Please contact your bank or credit card company if your payment method was declined.

 

PRICING POLICY

All online prices  are in US dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and we must reserve the right to restrict orders of those items.

 

SHIPPING

Motor Freight Shipping
Some of our large or heavy items are shipped via motor freight carrier. Carriers schedule deliveries Monday through Friday between 9:00 a.m. and 5:00 p.m.

Standard freight delivery policy provides only curbside delivery. It may be helpful to have assistance available when your merchandise is delivered. Additional delivery charges may be incurred if you require the driver's assistance.

The carrier will require that you accept and sign for the shipment. Please carefully inspect the packages you receive. If your order appears damaged, describe the damages on the delivery receipt. You may refuse the delivery if you discover any damage.

 

IMPORTANT NOTE: INSPECT DELIVERIES IMMEDIATELY

VISIBLE PACKAGE DAMAGE:

Customer is responsible for inspecting the delivery immediately for signs of damage.

Note all damages on ALL COPIES OF THE BILL OF LADING at the time of delivery, at time of signing.

Verify box count.

If product is damaged, retain all contents and original packaging.

Notify Shop Living Gardens within 24 hours of receipt of package, of any damages. 

CONCEALED DAMAGE (visible once opened):

Open and inspect package, and notify Shop Living Gardens within 24 hours of any product damages.

If product is damaged, retain all contents and original packaging.

Notify Shop Living Gardens within 24 hours of receipt of package, of any damages.

 

 

RETURNS

We hope that you will be completely satisfied with your purchase from Shop Living Gardens Landscape Design. We will thoughtfully consider all returns, however, Shop Living Gardens Landscape Design must approve all returns prior to shipment. Shop Living Gardens makes every effort to ensure the policies and terms are up to date, however, it is not always possible to supply the most accurate, up to date, information. Occasionally our suppliers change their return policies without notifying Shop Living Gardens, however, we are still bound to their current terms and conditions. Prior to finalizing your purchase, please read carefully all information on each product page, to ensure you understand the return terms, conditions and policies of each product.

If you would like to process a return, please email us at shop@livinggardenslandscapedesign.com for approval, be sure to include your name, order number and reason for the return. Once the return is approved, we will notify you of the next steps. All returns are at the express discretion of Shop Living Gardens Landscape Design.

All returns must be in their original packaging. 'Final Sale', 'Sale' and 'Clearance',' Non-returnable' and 'ineligible for return' items may not be returned.

To receive approval for a return, we must receive an email within 5 days requesting authorization. All products that are eligible for return must be returned within 30 days with a receipt. Items returned after 30 days will be eligible for store credit only. We cannot guarantee that we will receive an item that is returned to us or our suppliers. We recommend that you use a trackable shipping service to return your shipment to us. We do not cover any costs associated with returning an item to us or to the supplier.

Returns and exchanges may be subject to a restocking fee, according to the suppliers policy. While Shop Living Gardens makes every effort to list these fees, we are not liable or responsible for changes in the stated exceptions or absence of a policy. Please contact us if you have questions about specific return policies prior to making a purchase.

Once the items have been received, and they are deemed to be in undamaged and unused conditions, they will be approved for a credit or refund. Refunds will be applied back to the credit card or original method of payment, and will post approximately two days after the date of processing. It may take up to two billing cycles for the credit to appear on your monthly credit card statement. Credit will be applied to your Shop Living Gardens Landscape Design customer account for future use. Customers will be responsible for the original outbound shipping cost.

If you receive an item damaged, please contact us within 24 hours. Any delay in opening and inspecting the shipment will forfeit your right to be reimbursed for damages that occurred during shipping. Sop Living Gardens are not responsible for items that were damaged, and not reported, within the specified timeframe. Keep all original packaging and submit photos to shop@livinggardenslandscapedesign.com. Be sure to include your name, order number and description of the damage.We are unable to process any claims for damaged goods without submitted photos.

If you receive an item in error, or an erroneous quantity, please contact us at shop@livinggardenslandscapedesign.com, within 5 days of shipment delivery.

Gift card purchases will be refunded in the form of another gift card.

 

BACKORDERS

If an item is on backorder, you will receive email update on the status. You will not be charged until the item is available to ship.

 

INTERNATIONAL ORDERS

We are currently unable to accept international orders.

 

E-GIFT CARDS

E Gift cards may be purchased online, and will be emailed to the recipient. Gift card purchases will be refunded in the form of another gift card.

 

TERMS OF SERVICE

TERMS OF SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws.) 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (NOT including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us. 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You agree to indemnify, defend, and hold harmless Shop Living Gardens Landscape Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Both you and Shop Living Gardens Landscape Design agree that any controversy, claim, action, or dispute in any way related to your use of any Shop Living Gardens Landscape Design website, any purchase from Shop Living Gardens Landscape Design, or to any products or services sold or distributed by Shop Living Gardens Landscape Design (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution. Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Shop Living Gardens Landscape Design at: 638 Camino De Los Mares H130-326, San Clemente, CA 92673 , or

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Shop Living Gardens Landscape Design agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Scope of Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Shop Living Gardens Landscape Design agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Shop Living Gardens Landscape Design expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Right to Bring Small Claims in Court. Instead of arbitration, either you or Shop Living Gardens Landscape Design may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Shop Living Gardens Landscape Design will reimburse those fees in an amount up to $10,000. Shop Living Gardens Landscape Design also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Shop Living Gardens Landscape Design agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Shop Living Gardens Landscape Design hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Shop Living Gardens Landscape Design and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

CALIFORNIA PROPOSITION 65

Galvanized metal products; ceramic tableware; wallets and purses; planters; tools; jewelry; beauty products; brass hardware and household products; upholstered items; painted glass products; and accessories may expose you to lead and / or other substances that are known to the State of California to cause cancer, birth defects and other reproductive harm.

 

PRIVACY POLICY

PRIVACY POLICY

Thank you for shopping with Shop Living Gardens Landscape Design.

Shop Living Gardens and Living Gardens Landscape Design (the "Company") is committed to protecting your privacy. This privacy policy discloses the types of information the Company gathers and how the Company uses this information. These privacy practices apply to this Site only. The primary goal in collecting personal information is to provide you with a more personalized experience by providing you with the best and most useful content and services.  We collect personal information such as your name, financial information, telephone number, e-mail and postal address (“Personal Information”) that you provide to us when you make a purchase, save your information on our site, or when you participate in a sweepstakes, promotion or survey. Once you register with the Site you are no longer anonymous to the Company. 

Your Internet browser has a feature called "cookies" which stores small amounts of data on your computer about your visit to this Site. You do not need to have cookies turned on to visit most of this Site, although active participation in certain areas of this Site may require cookies. Cookies alone tell the Company nothing about who you are unless you specifically give the Company personally identifiable information when, in which case the Company may use the information to enhance your services in the ways described below. You may elect not to allow cookies to be collected by adjusting your settings on your browser. The Company may use technologies, including electronic images known as Web bugs--sometimes called transparent GIFs, clear GIFs, or beacons--that allow the Company to track general user traffic patterns. The Company also automatically receives and records information from servers and from your browser, including your IP address, the time of your visit to pages on this Site, and information about pages you visited. Unless you have registered for one of the Company's services, the information the Company gathers through the use of tracking technologies cannot be matched with any personally identifiable information about you unless you have specifically given the Company personally identifiable information, in which case the Company may use the information to enhance your services in the ways described below. The Company uses cookies and tracking technologies in a variety of ways, including: Keeping count of return visits to our site or our advertisers' or partners' sites Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Site and advertisement usage Determining which features the overall user population likes best.

The Company uses the information collected about you to improve the design and layout of this Site, to occasionally notify you about important functionality changes to this Site, to notify you about new services and special offers we think you will find valuable. The Company does not sell, trade or otherwise transmit your personal information to non-affiliated third parties, unless the Company believes, in good faith, it would be necessary to (i) comply with applicable law, (ii) enforce the terms of this User Agreement, (iii) protect the rights, property or safety of the Company, its users or others. By using this Site, you consent to the collection and use of your personal information as described above. If the Company changes its privacy policy, it will post those changes on this page so that you are always aware of what information is being collected, how it is being used, and under what circumstances it will be disclosed.

Users who would rather not provide any of the user data requested by this Site's registration process, if such process exists, do not need to register with the Site. You can still view much of the content and use many of the services offered by our site without registering. Users may also opt out of receiving notices and special offers, or the sharing of their personal information to third parties, by sending an email to info@livinggardenslandscapedesign.com and specifying the information to be withheld or the notices or special offers they wish to decline.

ACCEPTANCE

Your use of Shop Living Gardens and Living Gardens Landscape Design constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Shop Living Gardens and Living Gardens Landscape Design or by third party content providers in connection with third-party content, software or services available on, through or in connection with Shop Living Gardens and Living Gardens Landscape Design.

 

SECURITY

Sensitive personal information contained in orders placed on the Website is encrypted using 128-bit secure sockets layer (SSL) technology.* In order for SSL security to work, you must use an SSL enabled browser. *Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.


Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect you Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

We reserve the right to update our policies at any time. By visiting our website you agree to accept any changes made to this policy.

Email Newsletter

We offer those who sign up for our email list advanced notice of sales, new merchandise, store openings and other Shop Living Garden and Living Gardens Landscape Design news. If you would like to unsubscribe from our email list, please contact us at info@livinggardenslandscapedesign.com. We will remove your name from our email list within a few days. Please understand that you may receive another email before we are able to remove you.