GROWCASE® TERMS AND CONDITIONS
These Terms of Use (“Terms”) apply to our websites, microsites, mobile versions of these websites and mobile applications (“Sites”) that expressly adopt and display or link to these Terms and that are owned, operated or controlled by GROWCASE (“GROWCASE”). We provide these Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site, you agree to accept and be bound by these Terms and Conditions, which can be altered or amended at any time. If you elect not to accept these terms and conditions, do not use the Site.
COPYRIGHT
All content included on the Sites, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws.
Additionally, you are prohibited from engaging in activities such as decompiling, reverse engineering, disassembling, renting, leasing, loaning, selling, sub-licensing, or creating derivative works from these Sites or their materials. However, GROWCASE does grant you limited permission to print pages from the Sites on a local printer for personal use or for reference by third parties in relation to specifying and/or ordering GROWCASE products, on the condition that the material remains unaltered and all copyright notices within the material are preserved.
TRADEMARKS
GROWCASE retains all rights regarding its trademarks, trade names, brand names, logos, and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to use such Marks is granted to you under these Terms and Conditions or by using this Site. Your misuse of the Marks displayed on this Site is strictly prohibited. You may not use the Marks on the Sites without the owner’s written permission.
U.S. PATENT NO. 11,304,384 – JUNE 29, 2023
Any patented technology utilized or displayed on this website is protected by applicable patent laws. You acknowledge that all rights, title, and interest in and to any patented technology used on this website belong to GROWCASE or its licensors. By using this website, you agree not to infringe on any patents related to the technology used on this site.
LICENSE AND SITE ACCESS
By accessing this Site, you are granted a limited license to use and access it for personal purposes. However, please note that no rights, title, or interest in our Materials is transferred to you. Unless expressly authorized in writing by us, you are not permitted to download (except for page caching) or modify this Site or any portion of it. This license does not include the right to engage in any resale or commercial use of this Site or its Materials, collect and use product listings, descriptions, or prices, create derivative works based on this Site or its Materials, download or copy account information for the benefit of another merchant, or utilize data mining, robots, or similar data gathering and extraction tools. Reproduction, duplication, copying, selling, reselling, visiting, publishing, displaying, or any other form of exploitation of this Site or any part of it for commercial purposes is strictly prohibited without our express written consent. All rights not expressly granted to you in this license are reserved by GROWCASE.
To access specific sections of these Sites, registration is required. By providing the requested registration information, you agree to receive periodic communications from GROWCASE. In return, we grant you permission to download certain intellectual property, including product specifications, grow recipes, marketing literature, and technical documents. You have the option to opt out of these communications at any time while retaining access to the register-only sections of the Sites. Rest assured that any information obtained through registration will be securely stored on a server not accessible via the Internet. It is your responsibility to restrict access to your computer and accept accountabilities for all activities conducted under your account and password. GROWCASE reserves the right to terminate accounts or decline orders at its sole discretion.
GROWCASE and our affiliated partners use technologies such as cookies or similar tools to analyze trends, manage the website, monitor user activity on it, and collect demographic data about our user base. Users have the ability to control cookie usage at the browser level. GROWCASE does not sell, rent, or trade your personal information to third parties. However, in certain situations, GROWCASE may share your information with select GROWCASE affiliates who provide services on our behalf.
The content presented on the Sites is provided “as is.” While GROWCASE makes every effort to ensure the accuracy of the Sites, the descriptions of products and services contained herein do not establish a warranty or guarantee regarding those products and services. GROWCASE does not make any express or implied representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the Sites or the information, products, services, or related graphics contained within them for any specific purpose. Therefore, any reliance on such information is entirely at your own risk.
GROWCASE has taken extensive measures to ensure the accuracy of all the information provided on the Sites. However, we reserve the right to correct any inadvertent or typographical errors, inaccuracies, or omissions that may occur and to modify or update the information without prior notice. Additionally, please note that the descriptions and specifications featured on these Sites were accurate at the time of creation and may undergo periodic revisions.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GROWCASE, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.
LEGAL INTENDED USE OF PRODUCT
ShopGrowCase.com is designed to assist consumers in starting their journey with the cultivation of legal plants and herbs, including cannabis in states where such cultivation is permitted by law.
Rest assured that all products offered by GROWCASE products are to be used for lawful purposes only. GROWCASE can be legally obtained and used in any state or location within the United States. However, it is crucial to bear in mind that the legal environment is subject to constant changes, and GROWCASE does not provide any legal advice concerning the specific legality of how you choose to utilize the purchased products. Therefore, it is the responsibility of you as the purchaser to know and abide by all laws.
Consequently, when acquiring products from GROWCASE, you hereby acknowledge and agree that you will utilize these items exclusively for lawful purposes. GROWCASE will not be held liable for any unlawful state or federal activity arising out of the post-sale use of our products. By agreeing to the terms and conditions, you are the purchaser are attesting to the lawful use of our products and are thereby solely responsible for acting in conformance with all application regulations.
GENERAL
All sales by GROWCASE shall be governed by any attached purchase order and these terms and conditions. The agreement between GROWCASE and the buyer identified on the face of an order (“customer,” “you” or “your”) with respect to the sale of products described thereon shall consist only of that order and these terms and conditions. GROWCASE objects to and shall not be bound by any additional or different terms in any subsequent communication from Customer to GROWCASE. No action by GROWCASE, including delivery of products or the commencement of work for Customer, will be deemed an acceptance by GROWCASE of any purchase order from Customer with terms which are different than or additional to those contained in the attached order or these terms and conditions.
HOW TO ORDER
Orders may be placed by authorized GROWCASE dealers, or through our GROWCASE website. GROWCASE does not assume responsibility for errors on orders.
GROWCASE RETURN, REFUND, AND ORDER CANCELLATION POLICY
We honor a 30-day money back guarantee provided the below conditions are met and followed.
CANCELLATIONS
When a new order is placed and payment (deposits included) has been secured, GROWCASE team immediately expends time, energy, and care toward the completion of the ordered system(s) and/or product(s). Due to this, any orders canceled prior to shipping from our facility are subject to a 6% restocking fee, which covers the costs incurred associated with processing and manufacturing new orders. If an order is requested to be canceled after the product has been shipped from our warehouse, the customer is subject to a 30% restocking fee and all shipping fees.
GROWCASE’s REFUNDS AND RETURN POLICY
Unfortunately, we cannot refund outbound shipping charges including:
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- The free shipping cost incurred by the GROWCASE will be deducted from the refund amount.
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- Upgraded shipping charges (for expedited, express, etc. shipping).
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- However, if your item arrives damaged or defective to you, these exceptions do not apply. In those cases, we will work with you to find the best solution. If you receive the wrong item or it arrives damaged, do not accept the delivery. Tell your delivery representative(s) and contact us so we can arrange for a replacement.
To be eligible for a refund or return, the product must be returned unused, in like-new condition, and in its original packaging, including all documentation and manuals. If the product is used or damaged upon receipt by GROWCASE, the customer will not receive a refund.
RETURN MERCHANDISE AUTHORIZATION (RMA) PROCESS
1. Securely pack the item in its original packaging, ensuring you do not discard any packing materials. If possible, enclose a copy of the invoice that came with the item(s).
2. For a refund to be considered, all products must be returned in like-new, unused condition, with original boxes, and accompanied by all paperwork, parts, and accessories.
3. Contact GROWCASE at info@shopgrowcase.com to obtain the correct shipping address. A customer service agent will provide you with a “Returned Merchandise Authorization Number” (RMA Number), which should be written on the return packaging.
4. Please note that any shipping costs incurred will not be refunded.
5. Retain the Return Tracking Number from the package you are returning to ensure successful delivery to the warehouse.
Refunds will typically be processed within 5-10 business days after GROWCASE receives the returned product and will be issued in the same form of payment used for the original purchase. Please be aware that incomplete or used returns may experience delays in processing. In the case of an approved refund, a restocking fee of 30% and all shipping costs incurred by GROWCASE will be deducted from the refund amount.
PLEASE KEEP IN MIND
The original shipping costs to your location will not be refunded. This includes the actual shipping costs, not the discounted price offered to customers at the time of purchase, even for purchases with “free shipping.”
PAYMENT TERMS
We are pleased to offer you the convenience of using credit cards as the primary method of payment for your purchases. Please carefully read and understand the following payment terms before proceeding with any transactions:
1. Credit Card Payments: We accept major credit cards, including Visa, MasterCard, American Express, and Discover, for all online purchases. You can securely enter your credit card information during the checkout process.
2. Secure Payment Gateway: Your credit card transactions are processed through a secure payment gateway to ensure the safety of your personal and financial information. We do not store any credit card details on our servers.
3. Authorization: By providing your credit card information, you authorize us to charge the total amount of your purchase, including any applicable taxes, shipping, and handling fees, to your credit card.
4. Payment Confirmation: Upon successful completion of your payment, you will receive an email confirmation with details of your transaction and order details.
5. Payment Processing Time: Credit card payments are typically processed in real time. In case of issues or discrepancies, our customer service team will promptly contact you to resolve the matter.
6. Refunds and Cancellations: Refunds or cancellations for eligible purchases will be processed in accordance with our return policy. Please refer to our return policy for more details.
7. Fraud Prevention: To prevent fraud, we may conduct random security checks on certain transactions. If required, our team may reach out to you for additional verification before processing the payment.
IMPORTANT NOTICE: CREDIT CARD INFORMATION
At GROWCASE, your security and privacy are of utmost importance to us. We want to assure you that we do not keep or store any credit card information on file. When you make a credit card payment through our online platform, your transaction is securely processed through a trusted payment gateway.
We understand the significance of safeguarding sensitive financial data, and as a result, we have implemented robust measures to ensure the protection of your personal and payment information. Rest assured that every credit card transaction you make with us is encrypted and conducted in a secure environment.
By adhering to these stringent security practices, we aim to provide you with a worry-free and seamless shopping experience. Should you have any further questions or concerns regarding payment security, please call our customer service team at info@shopgrowcase.com.
DAMAGED SHIPMENTS
Responsibility-Delivery to the carrier shall constitute delivery to the customer. GROWCASE’ liability ends upon delivery of products to the carrier. Goods are shipped at the customer’s risk. All claims for product lost or damage in transit shall be made by the customer. If a customer fails to give written notice of any damage or other nonconformity within five days of receipt, the customer shall be deemed to have accepted the products.
Visible Damage – Should be noted on the freight bill and acknowledged by the driver’s signature.
Concealed Damage – Notify the freight agent if concealed damage is found within 15 days of delivery. Request an inspection. An inspection by GROWCASE (or its designee) is necessary prior to filing a claim.
PRICES
Prices are subject to change without notice.
GROWCASE reserves the right to discontinue any item on the GROWCASE website without notice. GROWCASE reserves the right to change material and design specifications at any time, and without obligation to make corresponding changes in products manufactured previously.
TAXES
Any manufacturer’s sales or excise tax, or any other tax or government charge now or hereafter levied upon the product or the sale, use or shipment thereof shall, at GROWCASE option, be charged to the customer.
ALL CHARGEBACKS WILL BE DISPUTED
This guarantee does not apply to any product which has been subject to misuse, negligence, or accident; has been damaged in shipment, storage, or installation; has been misapplied or has been modified or repaired by unauthorized persons or with non-standard GROWCASE replacement parts. This guarantee is exclusive, and exists in lieu of all other guarantees, either expressed or implied. EXCEPT FOR THE EXPRESS GUARANTEE HEREIN, GROWCASE MAKES NO OTHER GUARANTEES OR REPRESENTATIONS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
MISCELLANEOUS
The purchase order and these terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Michigan, exclusive of any conflict of laws principles. GROWCASE will not be liable for any delay in delivery of products when the delay is caused directly or indirectly by fire, flood, disease, pandemic, quarantine, accident, riot, acts of God, war, terrorism, governmental interference, strikes or other labor, difficulties, shortage of labor, fuel, power, raw materials or supplies, transportation delays, or any other cause or causes whatsoever beyond its control.