These Terms and Conditions ("Terms") govern your access to and use of the DuMarked Garden Services website and services. Please read these Terms carefully before using our website or services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
DuMarked Garden Services ("DuMarked," "we," "our," or "us") provides garden design, plant breeding, maintenance, and consultation services, as well as related products, through our website, physical locations, and direct service delivery.
These Terms constitute a legally binding agreement between you and DuMarked regarding your access to and use of our Services. By accessing or using our Services, you confirm that you are at least 18 years old and that you understand and agree to be bound by these Terms.
In these Terms, the following definitions apply:
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
We strive to provide accurate descriptions of our services and products. However, we do not warrant that service descriptions or other content on the website are accurate, complete, reliable, current, or error-free.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability. We will make reasonable efforts to inform you of any significant changes to services you have already purchased.
Living plants are natural products subject to variations in appearance, growth habits, and performance based on environmental conditions. While we provide care guidelines, we cannot guarantee specific outcomes or garden performance, as results depend on proper care, local conditions, and other factors beyond our control.
Our garden services are available in specific geographic regions. Availability of particular services may vary by location. We reserve the right to decline service requests outside our service areas.
By placing an order, you make an offer to purchase the services or products specified in your order. All orders are subject to acceptance by us. We reserve the right to accept or decline any order for any reason.
All prices listed on our website are in the specified currency and are subject to change. For garden design and maintenance services, final pricing may require an on-site assessment. We will provide a detailed quote before commencing any billable work.
Payment terms vary by service type:
Prices do not include applicable taxes unless stated otherwise. You are responsible for paying all applicable taxes associated with your purchase.
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by DuMarked, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Many plant varieties we offer are protected by plant breeder's rights or patents. Purchase of these plants does not convey any right to propagate them for commercial purposes or for distribution without explicit permission from the rights holder.
Garden designs created by our designers remain the intellectual property of DuMarked. When you purchase a design, you receive a license to implement that design on your specified property. Designs may not be reproduced, published, or implemented at other locations without our express permission.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:
You agree not to use our Services to:
To the maximum extent permitted by law, in no event shall DuMarked, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Our total liability to you for all claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us for services or products during the twelve (12) months preceding the event giving rise to the liability.
We warrant that our services will be performed in a professional manner consistent with industry standards. For garden maintenance services, we offer a satisfaction guarantee as detailed in our Service Agreements.
Live plants are warranted to be true to name and healthy upon delivery. Specific warranty periods for plant survival vary by plant type and are detailed in our plant catalog or purchase documentation.
Except as expressly provided in these Terms, our Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that our Services will meet your requirements, that our Services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of our Services will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations.
You agree to defend, indemnify, and hold harmless DuMarked, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or our Services shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR). If mediation is unsuccessful, the dispute shall be resolved by arbitration in accordance with the rules of the London Court of International Arbitration.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between you and DuMarked regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.
If you have any questions about these Terms, please contact us at:
DuMarked Garden Services