Terms of Use
Last updated: June 9, 2023
1. Acceptance of Terms
1.1. The terms of use listed here after regulate the usage of the website of www.towergarden.com This website is operated by The Juice Plus+ Company (hereafter called “Juice Plus+”).
1.2. Please read these terms of use carefully before you use the Tower Garden website. By using the website, you agree to be bound to these terms of use. The use of this website is only admissible based on the users’ agreement with the website terms of use.
2. Types of Users
2.1. Any person using the site represents and warrants to be eighteen (18) years of age or older, or if under the age of eighteen (18) to be at least the age of thirteen (13) and accessing the Website with the knowledge and consent of the parent or legal guardian, who is deemed to have acknowledged and agreed to these Terms.
If the user does not agree to these Terms, the user should not access or otherwise use the website.
3. Privacy
3.1 User must have read and understand the terms of the Tower Garden Privacy Policy available here or can be accessed at the bottom of the page at towergarden.com. This policy is incorporated by reference into this agreement as if fully set forth herein.
4. Links from third-party websites
4.1. You may have reached this Tower Garden website via a link from another website. If so, we want you to know that this website is not under the control of The Juice Plus+ Company. The Juice Plus+ Company therefore cannot be responsible for the contents of this linking site or of any other websites it may in turn be linked to. We allow such links for your convenience only, and they do not constitute or imply endorsement by The Juice Plus+ Company of the contents of any of these other linked sites.
4.2. Links of content of other providers are to be differentiated from Juice Plus+ own content. If Juice Plus+ does not verify the content of these different links. If Juice Plus+ finds out or is told by third parties that the content of the third-party website or the document to which Juice Plus+ has provided a link, triggers a responsibility under civil or criminal law, Juice Plus+ will remove the link to this offer promptly.
5. Registration
5.1 Some pages of the Tower Garden website can be password protected. Access to these pages is only possible for registered users. There is no entitlement to a registration by Juice Plus+. If a registration intended, the user is obligated to make truthful statements for registration and to indicate possible later modifications that are inquired during the registration immediately upon next usage.
5.2 The user is solely responsible for the safety of his password. Disclosure to third parties is not admissible. If the password has become known to unauthorized persons, the user is deemed to change his password immediately.
6. Copyright
6.1 All content of this website, especially logos, video clips, movies, photos, texts, business designations and brands are protected by copyright. Users may not reproduce, modify, duplicate, resell or use intellectual property or other content of the Tower Garden website for commercial or non-commercial purposes without the prior written agreement of The Juice Plus+ Company.
7. Disclaimer
7.1 The Juice Plus+ Company prohibits the use of privately produced materials to promote the performance or characteristics of Tower Garden products. You should therefore rely only on those product descriptions contained in this website and in other official Tower Garden literature.
8. Warranty
8.1. The Juice Plus+ Company does not warrant that the site or services will meet user requirements, or that site services will be uninterrupted or error-free or that defects in the site will be corrected. The content and services made available on the site are provided on an “as is” and “as available” basis.
8.2. The conditions, information and features included in the Terms are subject to change at any time without notice. By accessing or linking to these Terms (to the extent linking is permissible), the Customer represents and warrants to assume the risk that the information may be changed or removed from the last access.
8.3 The Juice Plus+ Company reserves the right to modify, update, add, discontinue, remove, revise or otherwise change any portion of the Terms, in whole or in part and at any time. For changes to these Terms to be considered material, Juice Plus+ will notify the Customers on the Website within a reasonable amount of time.
9. Services
9.1 The Juice Plus+ Company sells on its website towergarden.com including all the relevant sub-domains (“Website”) and through Juice Plus+ freelance partners (independent contractors) its Tower Garden products (“Products”) to end consumers (“Customer”).
9.2 Any order (“Order”) received by The Juice Plus+ Company in accordance with clause 10.1 is accepted by Juice Plus+ at its own exclusive discretion. The Order is accepted and the contract is finalized (“Contract) when the Customer i) receives a confirmation email from Tower Garden/ The Juice Plus+ Company; and / or ii) receives the Products.
9.3 Before an Order is submitted, the Customer has the right to choose between the option of a single full payment or a 12 (twelve) monthly instalments plan. 12 (twelve) monthly installment plans are only available when the Order contains a Tower Garden Unit. The Customer represents and warrants that The Juice Plus+ Company may refuse an Order payment in instalments.
9.4 Prices listed on the Website are exclusive of tax.
9.5 The Customer represents and warrants that once the Order is submitted to Juice Plus+ it is not possible to change it. For any change after the Order submission, the Customer shall contact the Juice Plus+ Service Center via email to [email protected] or by phone 1-800-668-8980.
9.6 All Products are subject to availability and Juice Plus+ reserves the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue Products without notice, even if the Customer has already placed the Order.
9.7 Orders purchased direct from Towergarden.com are allocated to local Field Partners who will be available to assist the Customer with any service needs.
9.8 For Tax Exempt customers, please email our Customer Experience Team at [email protected] to place your order and please include a photo of your Tax Exempt card. If your order is submitted in our online store, you will be subjected to pay taxes. If you have any questions, please call our Customer Experience Team at 1-800-668-8980 or email [email protected]
10. Shipping and Delivery
10.1 Any shipping delivery requests by the Customer are only binding in case it is expressly agreed and confirmed in writing by The Juice Plus+ Company. Customer acknowledges and agrees that only the dates or deliveries notified in writing by Juice Plus+ to the Customer are binding and enforceable, except if clause 10.2 applies. Juice Plus+ may choose different shipping methods at its own discretion.
10.2 Customer represents, warrants and agrees that i) The Juice Plus+ Company shall not be held liable for any delay occurred due to force majeure events or beyond the reasonable control of The Juice Plus+ Company; and ii) such delay does not free the Customer from the Contract.
10.3 You acknowledge and agree that The Juice Plus+ Company is no longer responsible for your product delivery once the product is delivered to the address you have indicated.
10.4 Our regular shipping charges are included in the product price you pay. If you request another method of shipping and we agree to it, we may need to apply additional shipping costs.
10.5 The Customer acknowledges that transfer of ownership of the Product occurs only after full payment of the Order by the Customer.
11. Payment and Other Charges
11.1 The Order can be paid (“Payment”) using the following processing options: Visa, MasterCard, American Express and Bank Draft.
11.2 Payment is processed once the Order is submitted to The Juice Plus+ Company.
11.3 If the Customer is late with the due Payments, in whole or in part, beyond sixty (60) days, the amount due will be forwarded to a third-party collection agency.
12. Return
12.1 The Juice Plus+ Company, and Tower Garden is proud of the quality of its Products and certifies that the Products meet high regulatory standards for consumer use. If the Tower Garden is not what the Customer was expecting, the Customer may return the Product within 90 days of the sale date for a refund if the Product is unused, resalable and in original boxes.
12.2 The Juice Plus+ Company will refund the Order on the same payment method that the Customer used for the purchase.
13. Commercial Communications
13.1 By submitting an Order, the Customer acknowledges and agrees to receive Juice Plus+ commercial communications in the form of electronic email, newsletters, etc. using contact details provided in accordance with the Privacy Policy.
14. Enforceability and Disputes
14.1 If individual parts of the Terms are declared wholly or partially invalid or ineffective, the other clauses shall retain their validity.
14.2 Any modification or addition to the Terms requires the written consent from Juice Plus+.
14.3 For any dispute that the Parties will not be able to resolve informally, the Parties agree that the dispute shall be submitted to the federal or provincial courts located in Ontario, Canada.
15. Liability
15.1 The Customer represents and warrants to read the instructions and Product labels before using any Product and to comply with any measure required to avoid any harmful consequence, including but not limited to cases of special health and/or physical conditions. The Customer agrees to give The Juice Plus+ Company prompt notice of claims regarding a Product and to cooperate with The Juice Plus+ Company in any investigation.
15.2 Even though the contents of this website was created with greatest diligence, Juice Plus+ assumes no responsibility for the timeliness, correctness, completeness or quality of the provided information. Liability claims towards Juice Plus+, provided that no personal injury are concerned that are caused by the usage of faulty and/or incomplete information are categorically excluded, as far as Juice Plus+ has not acted in gross negligence of intentionally.
15.3 The Juice Plus+ Company always makes an effort to keep the Juice Plus+ and Tower Garden website free of viruses, Juice Plus+ does not guarantee that this is always possible. Prior to downloading information the user will ensure adequate safety installations and virus scanners for your own protection and for the prevention of viruses on the Juice Plus+ and Tower Garden website.
Juice Plus+ is responsible as provider of the content for its “own content” that are provided for usage according to general law.