Terms & Conditions of Sale
Payment is taken at the time of sale, not the date the order ships.
This is for both our protection and yours.
We choose not to store client payment data it is simply processed at time of sale.
***Choose a delivery address that can be delivered to all 7 days of the week.***
Places you wont be, or businesses that are not open 7 days a week for delivery void any live arrive guarantee.
UPS and Fedex both have FREE options UPS My Choice, and Fedex Delivery Manager where you can specify directions for delivery carriers on all your orders.
Cancelled orders are subject to a $6.50 Cancel fee on any day before the order ships.
We are not returned the transaction fees when an order is cancelled so this covers that cost.
Cancelling on the same day that an order ships will carry a 25% restocking/planting fee.
There are no refunds on live plants or animals. All sales are final.
Pond Megastore is not responsible for bad addresses delivery issues. Please make sure you have entered your address properly. No P.O Boxes.
Failure to open delivered boxes of live orders immediately and report any damage without images in 24 hours of delivery will result in a voided order guarantee and no refunds.
We cannot ship to P.O. Boxes.
PAYMENT AUTHORIZATION, PAYMENT REMITTANCE AND FEES:
You authorize us to follow the Payment Instructions received from you. When we receive a Payment Instruction from you, you authorize us to debit or charge your Funding Account for the amount of any Payment plus any related fees in effect at the time you initiate the Payment Instruction, and to remit funds on your behalf.
You also authorize us to credit your Funding Account, in the event that any Payments are returned to us because the processing of the Payment Instruction could not be completed.
You agree that the information you provide to facilitate a Payment, may go through a verification process.
If you dispute a Payment made from a Funding Account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your issuing debit/credit card provider or financial institution.
For any claim (excluding claims for injunctive or other equitable relief) arising out of or relating to this Agreement, the parties must resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party commencing arbitration will initiate such arbitration through the American Arbitration Association ("AAA") or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within sixty (60) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.
NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
Notwithstanding this Arbitration section, in the event you are a commercial or corporate entity, including without limitation a commercial payment aggregator, we reserve the right to bring a claim against you outside of arbitration and in any forum.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. In the event of such replacement, all other terms of this Agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement, which instead shall be brought under the Arbitration clause set forth above.
EXCLUSIONS OF WARRANTIES / LIMITATION OF LIABILITY
In no event shall we or our services providers be responsible or liable for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalized settings; any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from the Site or Service; or any third party’s inability or refusal to authorize a Payment or any other acts or omissions of third parties not controlled by us.
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SITE OR SERVICE, AND OPERATION OF THE SITE OR SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS (OR EITHER OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES) BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR TORT DAMAGES OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT, CONTRACT, OR OTHERWISE.
You agree to indemnify and hold harmless us and our affiliates, suppliers, service providers, licensors and contractors, and the officers, directors, owners, agents, employees and contractors of each of these, from and against any and all loss, damage, liability, claim, demand, fees, costs, and expenses (including attorney’s fees) arising out of your breach of this Agreement and/or your access to or use of the Site or the Service.
You may not copy, modify, translate, decompile, reverse engineer, reproduce, adapt or disassemble the Site or the Service, both of which are the sole property of the Biller’s service provider or the Biller’s service provider’s affiliates or their respective licensors. With the exception of your right to use the Site and Service in accordance with the terms hereof, which right may be revoked by us, you are not granted any rights of any kind in the Site, Service, marks, or logos, and we hereby reserve all such rights. The content accessed through the Site is the property of the applicable content owner and may be protected by applicable copyright or other law. Any downloading of material contained on the Site, or on any site linked to the Site, may be a violation of federal trademark or copyright laws.
You may not assign or transfer any rights or obligations you have under this Agreement to any other party without our prior written consent, which we may withhold in our sole discretion. We reserve the right to assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors, or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
ERRORS, QUESTIONS AND COMPLAINTS
In case of errors or questions about your transactions or Billing Statements, you should contact customer care as soon as possible.
COOKIES, BROWSER INFORMATION AND RELATED ISSUES:
When you visit the Site, we may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other such information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in "authenticating" who you are when you access the Site or Service.
We may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Services. This data may be used, among other uses, to improve the operation of the Site and the Service.
Like most websites, the Site also uses "cookies," which are small data files placed on your computer or other device by the web server when you visit the Site. Such cookies are "session" cookies that are only used for a specific period during which you are on the Site (such as when you are going through the authentication process). The Site does not use “persistent” cookies (that stay on your computer after you have logged off the Site). Cookies cannot and will not be used to deliver or run programs on your computer. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies.
With respect to personally identifiable information about an individual consumer's online activities over time and across different Web sites or online services when a consumer uses this Site, except as required by law: (1) parties other than the operator of this Site are not permitted to collect such information, and (2) the operator of this Site does not collect such information (except any such information that is reasonably necessary to process and document user transactions, such as payment history). Therefore, this Site has no need to respond and does not respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of such information.
WHAT TYPES OF PERSONAL INFORMATION WE MAY COLLECT.
In addition to the types of information described in the "Cookies " section of this Policy, we may also collect Personal Information about you. This information may include:
- name, postal address, e-mail address, telephone number, and other information that we can use to contact you, verify your identity, and manage risks, such as information maintained about you by identity verification services and consumer reporting agencies, including credit bureaus;
- Billing account information, including billing account numbers which may be used to verify that only authorized users access the Services;
- Payment and other transaction information, and history for payments through the Service; and
- Any Personal Information that you may enter on the Site.
HOW WE MAY COLLECT PERSONAL INFORMATION ABOUT YOU:
We may collect Personal Information about you from the following sources:
Your use of the Site and the Service (such as when you send a payment), and your interactions with customer care, including information you enter or speak, and information transmitted by your computer, cell phones and other devices you use to connect to or use the Site or Service.
HOW WE MAY SHARE PERSONAL INFORMATION ABOUT YOU:
No information is shared with outside sources.
HOW WE MAY USE PERSONAL INFORMATION ABOUT YOU:
We use Personal Information about you only as permitted by law, including but not limited to:
Other everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you access the Site or Service to enable Biller to authenticate you when you pay your Billing Statement, to send you information about the Service, to effect, administer and enforce transactions, to perform (and to enable Biller to perform
Affiliates: Companies related by common ownership or control.
Non-Affiliates: Companies not related by common ownership or control. They can be financial or nonfinancial companies.
Joint Marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
HOW WE PROTECT PERSONAL INFORMATION ABOUT YOU:
To protect Personal Information about you from unauthorized access and use, we maintain physical, electronic, and procedural safeguards, including but not limited to security measures that comply with applicable federal and state laws. We also require our service providers and business partners to whom we disclose the information to do the same.
PROTECTION FOR FORMER CUSTOMERS:
When you are no longer our customer or using the Site or Service, we continue to protect, use and share Personal Information about you as described in this notice and as required by law, including but not limited to for risk management, regulatory compliance, and audit purposes.
UPS is a Guaranteed Method of delivery because they back up the 1,2, or 3 day arrival time.
There are No returns on live plants or animals, once they have been shipped they are the
Dry Goods / Hard goods may be returned to the PROPER warehouse up to 20 days after delivery in a new - unused condition.