Terms of Use

General

Welcome to the PrimeGrower.com website terms and conditions. Please read through them carefully before placing your order, because accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement.

PrimeGrower.com reserves the right to change this Site and these terms and conditions at any time. Changes will apply to any subsequent orders received. Once your order has been confirmed, we will not be able to make any changes.

By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below and any such changes. Please also read our Privacy Policy regarding personal information provided by you.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian.

Trademarks

All trademarks, service marks and trade names of PrimeGrower.com used in the site are trademarks or registered trademarks of PrimeGrower.com

Typographical Errors

All product prices, product images and product specifications are subject to change without notice. PrimeGrower.com does its best to be accurate, but occasionally clerical or other mistakes may occur. In the event that a PrimeGrower.com product is mistakenly listed at an incorrect price, PrimeGrower.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PrimeGrower.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PrimeGrower.com shall issue a credit to your credit card account in the amount of the incorrect price.

Copyright

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message, or any other material appearing on this site as a collective work under copyright laws and are the property of PrimeGrower.com. You are expressly prohibited from using any content without the express written consent of PrimeGrower.com. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of PrimeGrower.com, and/or the appropriate licensor. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PrimeGrower.com or to purchase PrimeGrower.com products. You may not, without PrimeGrower.com express written permission, 'mirror' any material contained on this site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications, regulations, and statutes.

Subject to the terms and conditions of this Agreement, PrimeGrower.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by PrimeGrower.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

PrimeGrower.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement and PrimeGrower.com has no obligation to investigate the source of any such access or use of the Site. 

Limitation of liability

PrimeGrower.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PrimeGrower.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

PrimeGrower.com is not liable for delays or for non-performance due to force majeure. For as long as a force majeure situation persists, PrimeGrower.com is relieved from performance of its obligations.
PrimeGrower.com's liability for any and all claims, including damages is in any circumstances, except in case of unlawful intent or gross negligence, and in addition to the above, limited to an amount equal to the price of the good purchased by the customer relating to disagreement. The aforesaid monetary limitation applies irrespective of the basis hereof and includes claims based on acts of negligence, strict liability, breach of warranties, penalties, liquidated damages and/or punitive damages.

User comments, feedback, photos and other submissions

All comments, feedback, photos, suggestions, ideas and other submissions disclosed, submitted, or offered to PrimeGrower.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, 'comments') shall be and remain PrimeGrower.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to PrimeGrower.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, PrimeGrower.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. PrimeGrower.com is and shall be under no obligation to:
(A) Maintain any comments in confidence
(B) Pay to user any compensation for any comments
(C) Respond to any user comments

You agree that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no comments submitted by you to the site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any comments you make. You agree that PrimeGrower.com may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity. By participating in site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that PrimeGrower.com may use your information for marketing and promotional purposes.

Terms and Conditions for Sale

The below terms and conditions apply to all deliveries from PrimeGrower.com to customers purchasing goods via www. PrimeGrower.com or another designated website of PrimeGrower.com online shop.

These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon PrimeGrower.com unless made in writing and signed and approved by an officer or other authorized person at PrimeGrower.com. No modification of any of these terms shall be modified by PrimeGrower.com shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.

  1. Acceptance of Orders - All orders are subject to written price verification by authorized PrimeGrower.com personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
  2. Price – The applicable price is the one stated on PrimeGrower.com online shop in respect of the relevant product on the date of placing the order.

Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of PrimeGrower.com. A price designated as firm for a specific period may be revoked by PrimeGrower.com if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by PrimeGrower.com. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.

PrimeGrower.com reserves the right to amend prices, fees and/or other costs stated on PrimeGrower.com online shop at any time e.g. due to changes in  shipping rates or other public fees and charges, increase in cost level, or as a result of the usual development in retail prices based on exchange rates.

  1. Conclusion of contracts- PrimeGrower.com reserves the right to claim that prices have been misprinted on the PrimeGrower.com online shop. A final and binding agreement between you and PrimeGrower.com has been concluded when your order has been accepted by PrimeGrower.com. PrimeGrower.com will send an order confirmation to you by email when the order has been accepted and the shipping is underway.
  2. Payment Terms - The discount if any applies only to the invoiced value of the material (not to taxes or freight charges). PrimeGrower.com reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by PrimeGrower.com. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, PrimeGrower.com may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.

Credit card authorization and address verification must be received prior to order processing and may take up to 48 hours. Please note that some banks do charge an extra overseas transaction fee. This depends on the bank's policy and the fee is not issued by PrimeGrower.com. The overseas transaction fee will not be refunded by PrimeGrower.com. For more information, please contact your bank.

  1. Packing - Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
  2. Delivery – PrimeGrower.com reserves the right to exclude persons from purchasing via PrimeGrower.com Online shop. Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. PrimeGrower.com has a clear shipping policy where is described the time of delivery, which is different for every state /or country for the international orders/ calculated as from the time of dispatching the order confirmation. Orders with Out of Stock item(s), may take an additional to the processing time 5 to 6 business days to process and ship. The time of delivery is only estimated time of delivery given by the shipping carrier. PrimeGrower.com does not guarantee delivery on or before a certain date. Tracking number will be provided for each order. In events where the order is not delivered within the estimated shipping time and the tracking number PrimeGrower.com has provided shows that the parcel is in transit, the order is considered delayed and not lost. In either case, PrimeGrower.com shall not be liable for any delays, loss of packages during transportation or excessive transportation charges resulting from its selection. PrimeGrower.com will not be responsible for items in the event that you are out of town and there is valid proof of delivery. PrimeGrower.com will not be responsible for items returned back to us due to not acceptance of the parcel (s) or abandoned parcel (s). Furthermore, PrimeGrower.com has no obligation to deliver goods which are out of stock. Payments for goods out of stock will be refunded.
  3. Taxes and Import/Export Licenses - Prices do not include taxes. Taxes are paid by Buyer upon invoice from PrimeGrower.com unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless PrimeGrower.com is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
  4. Title and Risk Of Loss - Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against PrimeGrower.com for shortage or damage occurring prior to such delivery to carrier must be made within three (3) days after receipt of the goods /and immediately for all FREIGHT deliveries/ and accompanied by original transportation bill signed by carrier noting that carrier received the goods from PrimeGrower.com in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with PrimeGrower.com until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys' fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in PrimeGrower.com.
  5. Force Majeure – PrimeGrower.com shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond PrimeGrower.com reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. PrimeGrower.com may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which PrimeGrower.com deems fair and reasonable. In no event shall PrimeGrower.com be liable for special or consequential damages for any delay for any cause.
  6. Reasonable Attorney’s Fees - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to PrimeGrower.com, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
  7. Liability – PrimeGrower.com shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within thirty (30) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from PrimeGrower.com in the condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by PrimeGrower.com, PrimeGrower.com may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at PrimeGrower.com 's option, crediting Buyer with the invoice price of the deficiency.
  8. Warranty - All goods sold by PrimeGrower.com are warranted to Buyer to be free from defects in material and workmanship and manufactured in accordance with industry standards. The foregoing warranty is nonassign able and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of PrimeGrower.com has any authority to bind PrimeGrower.com to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to PrimeGrower.com in writing within thirty (30) days from the date the goods are received by Buyer.

PrimeGrower.com shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. PrimeGrower.com disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.

  1. Remedies and Limitation of Liability – PrimeGrower.com shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. PrimeGrower.com liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at PrimeGrower.com option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If PrimeGrower.com requests the return of the goods, the goods will be redelivered to PrimeGrower.com in accordance with PrimeGrower.com instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against PrimeGrower.com for breach of any of PrimeGrower.com obligations, whether of warranty or otherwise. As long as PrimeGrower.com makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
  2. Selection - Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on PrimeGrower.com skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless PrimeGrower.com, its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed PrimeGrower.com for any alleged violation of any federal, state or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.

Right of withdrawal
You have right to withdraw from the contract entered into pursuant to legislation on distance contracts. 

Conditions for withdrawal from the contract
Condition one - the Buyer has to return the goods back to us within 30 days after receipt. Condition two – PrimeGrower.com has to be notified about the return and our stuff has to approve it according to our return policy. Condition three - all parcels returned back to us should have a tracking number, which could be tracked online. Condition four -no refunds will be made before the tracking number clearly shows that the return parcel has arrived at our return office and we have a chance to inspect the parcel within a reasonable time after arrival, which is a 2-3 business day period. Condition five - all items should be new and in their original condition and still fitted with all security tags and labels. In case of a loss of the parcel during transportation, and/ or missing item/s, missing part/s from the item/s, used/damaged items and if all conditions are not met, the Buyer assumes all responsibility and no refund will be given. For more information please read our Shipping and Refund policy.


Notification in case of non-conformity of goods
Any errors or defects in the goods received must be claimed within reasonable time after such errors or defects were or should have been ascertained. In all cases, you must provide notice of any lack of conformity of purchase no later than 30 calendar days from the purchase date.

DISCLAIMER
THIS SITE AND ALL CONTENTS INSIDE IT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT PrimeGrower.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Inaccuracy Disclaimer 
From time to time there may be information on PrimeGrower.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your purchase from PrimeGrower.com, you may return it with your invoice by mail. Please see our Return Policy for details. While PrimeGrower.com strives to provide accurate product and pricing information, in the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, PrimeGrower.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is wrongly priced, PrimeGrower.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Pricing in Different Currencies
Pricing of products sold by PrimeGrower.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to PrimeGrower.com, excluding shipping.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that PrimeGrower.com is not responsible for the operation of or content located on or through any such site.

Indemnification 
You agree to defend, indemnify and hold PrimeGrower.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Termination
This Agreement is effective unless and until terminated by either you or PrimeGrower.com. Both you and PrimeGrower.com may terminate this Agreement at any time; PrimeGrower.com may do so immediately without notice, and accordingly, deny you access to the site, if in PrimeGrower.com sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or PrimeGrower.com, you must promptly destroy all materials, downloaded or otherwise, obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

By accepting these Terms of Use through your use of the Site, you also agree with our Shipping/handling/refund/return policy.