Product Terms and Conditions are established to protect both the Seller (Dockery Lane Gardens) and the Customer (you!). These are the rules that govern the relationship between you and Dockery Lane Gardens and also the way you use our products. The legalese can be intimidating and scary, but it is the rules that we both play by.
Dockery Lane Gardens places integrity and purity above all else. We developed the products that we sell to nourish and provide for our own family and pets. We use our own products! Therefore, we will not intentionally mislead you or provide a product less than as perfect as possible. However, in this world, there are those that seek to get something for nothing or to just cause trouble. If this is you (doubtful 'cuz only the conscientious read the Terms!), kindly take your nefariousness elsewhere. However, the legalese still needs to predate your purchase so here it comes.
The nutshell of the Product Terms and Conditions is:
we do not accept returns
we want to work with you to right any upset
we’ve tried our best
we love scaly, feathered, smooth skinned critters and want the best for them.
Terms and Conditions
Mealworms are sold as a feed supplement to herpetology, ornithology, and ichthyology enthusiasts. Mealworm Chow and Earthworm Chow are sold as feed supplements for all life cycles of the Darkling Beetle and Earthworms, respectively. Earthworm Blankets and other physical, non-food products are sold for the specific uses as listed in the product name. These are the Terms and Conditions related to the sale and purchase of product (“Product”) from Dockery Lane Gardens (“Seller”).
1. No Warranty. The mealworms are provided “AS IS”. Dockery Lane Gardens makes no warranties of any kind. Any representative of Dockery Lane Gardens that sells the product are not authorized to enter into agreements outside these Terms or to make any warranties or representations of any kind with respect to the Product.
2. Limits of Liability – Seller and Customer waive all claims against each other (and against each other’s affiliates, contractors, consultants, agents and vendors) for any consequential, incidental, indirect, special, exemplary or punitive damages (including but not limited to, loss of actual or anticipated profits, revenues or product; or loss of use). In no event, regardless of the form of the claim or cause of action, Seller’s cumulative liability to the Customer shall not exceed the price for the product that gave rise to the claim or cause of action.
3. Information contained on the labeling, packaging, additional marketing, and the Dockery Lane Gardens website is provided only for educational and informative purposes. Dockery Lane Gardens is not offering medical or veterinary or nutritional advice to humans or animals. Please consult with your own medical professionals when making a nutritional change.
4. Returns – Returns not accepted. Dockery Lane Gardens is a one-way business in which returns are not accepted. Our mealworm husbandry is a closed colony that is pure, disease-free, and parasite-free. Feel confident in your purchase that the mealies have only traveled between Dockery Lane Gardens and you. However, if an issue arises, please contact us directly as we want to make things right. Email us directly at: proprietor@dockerylaneagrdens.com
5. Copyright Infringement – All labels, marketing materials, and website are fully copyrighted under USA Copyright law.
6. Privacy Policy – Dockery Lane Gardens respects your privacy and what information that you share with us. Dockery Lane Gardens will only use your information to reply to any communications that you initiate. This information may be shared with the corresponding retail store if appropriate. If you wish to be added to our email newsletter, please do so through the website and read through the Terms and Conditions and Privacy Notice that pertain to the newsletter.
7. Governing Law – Any dispute or controversy relating to any interpretation or breach of these Terms and Conditions will be settled by final and binding arbitration. You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. Before submitting a dispute to mediation, both parties will work promptly and in good faith to find a resolution to the dispute. No dispute will immediately go to mediation without both parties collaborating.
You agree to submit to jurisdiction under the laws of the United States of America and the State laws for the state in which Dockery Lane Gardens resides without regard to conflict of law principles or where the parties are located at the time of the dispute. A single arbitrator in the city, state, and jurisdiction where Dockery Lane Gardens currently resides will settle any dispute. The arbitration will be in accordance with the American Arbitration Association national rules for resolution. Any such dispute or controversy shall be resolved individually with no form of class action. You also agree to service of process by certified mail. All notices shall be deemed received on the date of delivery or first attempted delivery. Any claim under these Terms and Conditions must be made within thirty (30) days after the cause of action arises. No recovery may be sought or received for damages other except that the prevailing party will be entitled to costs and attorney’s fees.
8. Assignment. Neither Seller nor Customer may assign, convey or transfer the Terms and Conditions.
9. Severability. If any provision in these Terms and Conditions are deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, then such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect. The remainder of this Agreement is modified to any extent necessary to give such force and effect to the remaining provisions.
10. Indemnification. Customer agrees to indemnify, defend, and hold harmless Dockery Lane Gardens against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees that result from any violation of these terms and conditions, or any negligent or wrongful conduct when using this website or our products.
You agree to indemnify and hold the Dockery Lane Gardens and/or its officers, employees, successors, shareholders, joint venture partners, retailers, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you. You agree to hold harmless Dockery Lane Gardens from anu issue arising, in whole or in part, from actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives. You agree to hold harmless Dockery Lane Gardens from all your actions and use of the website including purchasing products. You agree to hold harmless Dockery Lane Gardens from violation of any laws, rules, regulations or ordinances by you. You agree to hold Dockery Lane Gardens harmless from any violation of any terms and conditions of this website by you or anyone related to you. You agree to hold Dockery Lane Gardens harmless from any infringement by you or any other user of your account of any intellectual property or other rights of anyone. Dockery Lane Gardens will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims
11. Modification. Notwithstanding anything contained herein, these Terms may be modified or changed at any time by Dockery Lane Gardens. All changes apply to future purchases.
12. See Also: Please also refer to www.DockeryLaneGardens.com that contain the Website Terms and Conditions along with the Privacy Policy, Disclaimer, and all Legal Pages.
The Product Terms and Conditions Policy was last updated on January 5, 2024.
copyright 2024 Dockery Lane Gardens, LLC
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