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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lowe's, Inc. DBA JadePoint Succulents. The collective work includes works that are licensed to Lowe's, Inc. DBA JadePoint Succulents. Copyright 2010, Lowe's, Inc. DBA JadePoint Succulents ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lowe's, Inc. DBA JadePoint Succulents or purchasing Lowe's, Inc. DBA JadePoint Succulents products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lowe's, Inc. DBA JadePoint Succulents or to purchase Lowe's, Inc. DBA JadePoint Succulents products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lowe's, Inc. DBA JadePoint Succulents. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Lowe's, Inc. DBA JadePoint Succulents used in the site are trademarks or registered trademarks of Lowe's, Inc. DBA JadePoint Succulents


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lowe's, Inc. DBA JadePoint Succulents disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lowe's, Inc. DBA JadePoint Succulents does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lowe's, Inc. DBA JadePoint Succulents does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.  While many item descriptions on this website may be perceived as food like or contain food referenes, Lowe's, Inc. DBA JadePoint Succulents does not advise or condone human or animal consumption as a foodstuff of any material listed on this site.


Limitation of Liability
Lowe's, Inc. DBA JadePoint Succulents shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lowe's, Inc. DBA JadePoint Succulents has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Shipping
All orders shipped by Lowe's, Inc. DBA JadePoint Succulents are sent via Untied States Priority Mail.  Lowe's, Inc. DBA JadePoint Succulents only ships items to addresses within the Continental United States.  Lowe's, Inc. DBA JadePoint Succulents will choose shipping times and dates for all orders at its sole discretion based on weather and generally will not ship any orders between October 15th and April 15th.  Lowe's, Inc. DBA JadePoint Succulents cannot ship items to FPO/APO mailing addresses.  Lowe's, Inc. DBA JadePoint Succulents accepts no responsibility for mistakes, typographical errors or intentional misrepresentations by you of your shipping address, collectively an "Undeliverable Address".  You will be charged full value for any material shipped and any shipping and handling charges for items returned to Lowe's, Inc. DBA JadePoint Succulents because of an "Undeliverable Address."  Shipping charges are NOT REFUNDABLE.

Gift Certificates
The amount of the Gift Certificate is determined by you with a minimum purchase of one (1) Certificate with a minimum value of twenty-five dollars ($25). Choose from a set list of suggested values, or name your own price on the next screen. The Gift Certificate can be sent by email electronically or via US mail to any address in the Continental United States. The recipient simply places an order then types in the gift certificate code at the bottom of the payment screen. Gift Certificates are only available in US currency.

Gift Certificates from JadePoint Succulents are the best way to allow friends and family to make their own choices of unique succulent and low-water plants.  Gift Certificates can be partially redeemed.  The balance is stored by the system for use at a later date with the same Certificate Code.  Gift Certificates can be redeemed for in stock items and shipping services.  There is no cash refund available on them.  Please note that Gift Certificates remain valid for three hundred sixty-five (365) calendar days from date of purchase.  After they are considered to be expired and can no longer be accepted as a form of payment.  You a the buyer are responsible for supplying the correct address information for delivery by US mail or via electronic delivery by email.  Supplying incorrect information may delay or invalidate the shipping of your  Gift Certificate.  This gift certificate in no way guarantees that a product seen on our website will be available for delivery at the time of redemption.  Gift Certificate purchases are non refundable if partially or fully redeemed. 

Typographical Errors
In the event that a Lowe's, Inc. DBA JadePoint Succulents product is mistakenly listed at an incorrect price, Lowe's, Inc. DBA JadePoint Succulents reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lowe's, Inc. DBA JadePoint Succulents reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lowe's, Inc. DBA JadePoint Succulents shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lowe's, Inc. DBA JadePoint Succulents without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Lowe's, Inc. DBA JadePoint Succulents may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lowe's, Inc. DBA JadePoint Succulents.

Returns, Refunds & Replacements Policy
Lowe's, Inc. DBA JadePoint Succulents shall handle all requests for Returns, Refunds and Replacements of product on an individual basis and at its sole discretion following these general guidelines:

  1. All shipments are to be opened and inspected immediately upon receipt
  2. Lowe's, Inc. DBA JadePoint Succulents assumes no liability for damages incurred during shipping, by handling of "Third Party Mail Handlers" or "Alternate Mail Receiving Locations" including but not limited to Mail Boxes Etc., or caused by your negligence including but not limited to your actions or inactions after receiving your shipment.
  3. All requests for Returns, Refunds or Replacements must be made within thirty-six (36) hours of receipt of products via telephone at 701/858-5660 or via email at mailto:sales@jadepoint.com.
  4. Lowe's, Inc. DBA JadePoint Succulents always prefers to replace products with products of a comprable type, quality and value and retains the right at its sole discretion to determine which products are of comprable type, quality and value.
  5. Lowe's, Inc. DBA JadePoint Succulents does not accept returns without prior authorization.
  6. Lowe's, Inc. DBA JadePoint Succulents does not reimburse or pay for return shipping for any products.  All returns are to be made at your own expense.
  7. Shipping and Handling expenses, including but not limited to United States Postal Service Priority Mail charges and fees, are NOT REFUNDABLE.
  8. Refunds, when issued, are made via the same method of payment as the original sale, IE credit to a credit card account or refund to a PayPal account.
  9. Refunds generally occur withing seven to ten (7-10) business days but may take longer.
  10. Lowe's, Inc. DBA JadePoint Succulents DOES NOT ISSUE CASH REFUNDS.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of North Dakota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lowe's, Inc. DBA JadePoint Succulents products) shall be in the state or federal courts located in Ward County, North Dakota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lowe's, Inc. DBA JadePoint Succulents products) must be commenced within one (1) year after the claim or cause of action arises. Lowe's, Inc. DBA JadePoint Succulents's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lowe's, Inc. DBA JadePoint Succulents may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lowe's, Inc. DBA JadePoint Succulents or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Lowe's, Inc. DBA JadePoint Succulents does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lowe's, Inc. DBA JadePoint Succulents is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lowe's, Inc. DBA JadePoint Succulents reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lowe's, Inc. DBA JadePoint Succulents in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Lowe's, Inc. DBA JadePoint Succulents, its officers, directors, employees, agents, licensors 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 or from your IP address.


Third-Party Links
In an attempt to provide increased value to our visitors, Lowe's, Inc. DBA JadePoint Succulents may link to sites operated by third parties. However, even if the third party is affiliated with Lowe's, Inc. DBA JadePoint Succulents, Lowe's, Inc. DBA JadePoint Succulents has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lowe's, Inc. DBA JadePoint Succulents. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lowe's, Inc. DBA JadePoint Succulents seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


 
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