Molbak's Garden + Home Return Policy
We want your shopping experience to be as positive and easy as possible.
For Purchases Made in our Retail Store: We offer a 30-day return policy on all purchases with proof of a valid receipt. Just bring your original receipt and your item to the store within 30 days of the date of purchase. We will issue a complete refund. Refunds are made in the same tender as that used for the original purchase. All clearance items sales are final and cannot be returned.
For Purchases Made On-Line: We also offer a 30-day return policy on all purchases on-line. Returns on- line for items that were damaged during delivery must have a photo proof. Photo’s should be emailed to firstname.lastname@example.org with a copy of the original receipt.
Items returned for any other reason than damage will need to be shipped back to Molbak’s On-Line Order office at the customers expense, or can be returned at our retail store. Shipping instructions for returns are located on the packing slip sent with your items. Once received, Molbak’s will refund your item in the same tender as that used for original purchase. All clearance item sales are final and cannot be returned.
Molbak’s Tree and Shrub Guarantee – In-Store or On-Line
Molbak’s also offers a one-year guarantee on all outdoor trees and shrubs. If you are not completely satisfied with your plant purchase, simply bring the entire plant and your original sales receipt to the store during the guarantee period. Molbak’s will be happy to offer a replacement of the same item or a store credit for an item that is no longer available or out of season. Merchandise Card will be issued equal to the original price paid.
Terms and Conditions
Welcome to Molbak’s Garden+Home (Molbak’s) Web Site. Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site. Your use of our Web Site constitutes your agreement to follow these Terms and Conditions and to be bound by them.
These Terms and Conditions May Change
Molbak’s reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Web Site, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
You must be at least 13 years old to use the website. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the website with permission from your parent or legal guardian.
Shipping and Processing and In-Store Pick-Up
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
Our store offers in-store pick up options. We will hold your order in the store for 14 days. After 14 days, we will return your item to the store floor or warehouse, as applicable. If you paid for your item by credit card, we will credit the amount of your purchase back to your credit card. If you paid for your purchase by cash or check, we will, at our option, provide you with a check or a store credit for the amount of your purchase.
We welcome your comments about our website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our website shall be and remain the exclusive property of Molbak’s Garden + Home. Molbak’s Garden + Home will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You are responsible for your use of the website and for any use of the website using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the website, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the website;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the website;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the website; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The website allows you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, send, or receive User Content to or through the website, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the website), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the website, to develop new products and services, and for other Molbak’s Garden + Home marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Molbak’s Garden + Home or the website. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the website.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the website for any reason.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Molbak’s Garden + Home
13625 NE 175th Street
Woodinville, WA 98072
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Hyperlinks to other Websites
To the extent our website contains hyperlinks to outside services and resources, the availability and content of which Molbak’s Garden + Home does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE, AS APPLICABLE, THAT YOUR USE 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, AND THAT MOLBAK’S GARDEN + HOME AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOLBAK’S GARDEN + HOME AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEB, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOLBAK’S GARDEN + HOME AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOLBAK’S GARDEN + HOME OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Molbak’s Garden + Home reserves 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 do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Molbak’s Garden + Home and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Arbitration Agreement & Waiver of Certain Rights
You and Molbak’s Garden + Home agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Molbak’s Garden + Home hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Molbak’s Garden + Home relating to these Terms and Conditions or the website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Molbak’s Garden + Home will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Molbak’s Garden + Home from seeking action by federal, state, or local government agencies. You and Molbak’s Garden + Home also have the right to bring qualifying claims in small claims court. In addition, you and Molbak’s Garden + Home retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Molbak’s Garden + Home may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Molbak’s Garden + Home’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Molbak’s Garden + Home
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MOLBAK’S GARDEN + HOME WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Any action relating to the use of the website, or any transaction with Molbak’s Garden + Home must be brought in the state or federal courts located in the County of King County, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Last Updated: September 2019
We strive to make our website content accessible and user-friendly. If you are having difficulty viewing the content on this website or navigating the site, please call our Customer Service Team toll-free at 1-855-242-7121 or email our team at email@example.com and we will be happy to assist you.
As a part of our commitment to your privacy, Molbak’s Garden + Home supports and adhere to the guidelines and practices adopted by the Direct Marketing Association’s Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers’ requests not to receive mail, telephone, or other solicitations from Molbak’s Garden + Home.
Collecting Information About You
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may collect information about your physical location. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our website. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our site. We may analyze this data for preferences, trends, site usage statistics and to recognize you. We may also receive usage data from your mobile phone or other device you use to access our web site including location data, which we may also combine with other information.
Using Information About You
We use your contact information to provide you with the services you request as well as for analytical and marketing purposes, such as:
- confirming, sending, and tracking your order, subscription, or registration;
- communicating with you about your order, subscription, or registration;
- analyzing preferences, trends, and statistics;
- informing you of our new products, services, and offers; and
- providing you with other information from and about Molbak’s Garden + Home Brands, including personalized marketing communications.
We contact you only in ways compatible with your communications choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
Our Service Providers
We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Advertising and Online Tracking
Opting Out of Marketing And Transfers; Updating and Deleting Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us, or if you would like to opt out of certain types of marketing messages, please let us know. You can opt out send us an email at firstname.lastname@example.org. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:
- I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
- I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
- I prefer not to have my contact information provided to third parties for their marketing purposes.
You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.
Please note that any requests to remove or update your contact information may take up to five days for your email request and 6–8 weeks to process your postal mail request.
We use Google Analytics on our web sites to collect usage data, to analyze how users use the web sites and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our websites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
Molbak’s Garden + Home takes special care to protect the safety and privacy of children. Our websites are general audience sites. We do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13.
Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet.
California users under the age of 18 may request the removal of their content or information publicly posted on our website by sending us an email. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.
Links to Third Party Web Sites