Terms Of Use

Terms Of Use

My Spirit Garden Policies

  • Minimum wholesale order is $150.00.
  • We accept all major credit cards, except Discover.
  • All prices F.O.B San Leandro, CA.
  • All prepaid orders MUST be paid by money order or certified check to ship on day of receipt.
  • Personal checks must be cleared before shipping.
  • Net 30 days credit available upon credit reference on re-order only.
  • All returned checks will be charged a $25.00 fee.
  • All sales are final.
  • Prices are subject to change without notice.
  • We ship via FedEx Ground and Freight, National Freight or your preferred carrier.
  • Customer authorization is required prior to shipping back-ordered items.
  • Customer is liable for all cost incurred in collecting a past due account.
  • The jurisdiction of any legal dispute will be in San Leandro, CA.
  • A charge of 2% monthly finance charge will be billed on past due invoices.
  • Our items are all handcrafted and may vary slightly in color or size due to the variations of artists involved.
  • Fabrics may vary depending on availability.

My Spirit Garden Website Terms of Use

Agreement between user and http://www.myspiritgarden.com/

Welcome to http://www.myspiritgarden.com/. The http://www.myspiritgarden.com/ website (the "Site") is comprised of various web pages operated by My Spirit Garden, Inc. http://www.myspiritgarden.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.myspiritgarden.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://www.myspiritgarden.com/ is a E-commerce Site. My Spirit Garden is a wholesale importing company.

Electronic Communications

Visiting http://www.myspiritgarden.com/ or sending emails to My Spirit Garden, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that My Spirit Garden, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. My Spirit Garden, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

My Spirit Garden, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.myspiritgarden.com/ only with permission of a parent or guardian.

Cancellation/Refund Policy

You can initiate a return for most new and unopened items within 15 days of delivery for a full refund. We must receive your returned items at our processing facility within 21 days of delivery. All claims and returns must be approved and made 15 days after receipt of order. Items must be in new or unused condition with all original packing materials included with the shipment in order to receive a full refund. If you initiate a return after 15 days, My Spirit Garden may issue a partial refund depending on elapsed time and condition of merchandise. No credit will be issued for unauthorized returns. We inspect all returned items when they arrive at our facility and award a partial refund for opened and/or used products. If you return an item that has been opened and/or shows signs of wear, we will issue a partial refund. If the return is a result of our error or defective product, we will refund the full cost of the merchandise. Merchandise returns for reasons other than our error are subject to a 25% restocking fee. We will notify you via email with the details of your refund, and we issue refunds in the form of payment used to make your purchase. You can expect your refund within four weeks of shipping your package back to us. In many cases you will receive a refund sooner, but we estimate four weeks because of the time required for return shipping (up to 14 days), product inspection at our returns facility (up to 5 business days), and processing from your bank or credit card company (up to 5 business days).

Links to third party sites/Third party services

http://www.myspiritgarden.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of My Spirit Garden, Inc. and My Spirit Garden, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. My Spirit Garden, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by My Spirit Garden, Inc. of the site or any association with its operators.

Certain services made available via http://www.myspiritgarden.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.myspiritgarden.com/ domain, you hereby acknowledge and consent that My Spirit Garden, Inc. may share such information and data with any third party with whom My Spirit Garden, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.myspiritgarden.com/ users and customers.

Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To make such a request, please write to us at My Spirit Garden, Inc: 3018 Alvarado Street Suite B, San Leandro, CA 94577

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.myspiritgarden.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to My Spirit Garden, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of My Spirit Garden, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. My Spirit Garden, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of My Spirit Garden, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of My Spirit Garden, Inc. or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

My Spirit Garden, Inc. has no obligation to monitor the Communication Services. However, My Spirit Garden, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. My Spirit Garden, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

My Spirit Garden, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in My Spirit Garden, Inc.'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. My Spirit Garden, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, My Spirit Garden, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized My Spirit Garden, Inc. spokespersons, and their views do not necessarily reflect those of My Spirit Garden, Inc..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to http://www.myspiritgarden.com/ or posted on any My Spirit Garden, Inc. web page

My Spirit Garden, Inc. does not claim ownership of the materials you provide to http://www.myspiritgarden.com/ (including feedback and suggestions) or post, upload, input or submit to any My Spirit Garden, Inc. Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting My Spirit Garden, Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. My Spirit Garden, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in My Spirit Garden, Inc.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by My Spirit Garden, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the My Spirit Garden, Inc. Content accessed through http://www.myspiritgarden.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless My Spirit Garden, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. My Spirit Garden, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with My Spirit Garden, Inc. in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY SPIRIT GARDEN, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MY SPIRIT GARDEN, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MY SPIRIT GARDEN, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY SPIRIT GARDEN, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MY SPIRIT GARDEN, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

My Spirit Garden, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and My Spirit Garden, Inc. as a result of this agreement or use of the Site. My Spirit Garden, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of My Spirit Garden, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by My Spirit Garden, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and My Spirit Garden, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and My Spirit Garden, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

My Spirit Garden, Inc. reserves the right, in its sole discretion, to change the Terms under which http://www.myspiritgarden.com/ is offered. The most current version of the Terms will supersede all previous versions. My Spirit Garden, Inc. encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

My Spirit Garden, Inc. welcomes your questions or comments regarding the Terms:

My Spirit Garden, Inc.

3018 Alvarado Street Suite B San Leandro, California 94577

Email Address:

info@myspiritgarden.com

Telephone number:

1-866-456-3693

Effective as of September 18, 2012