Website Terms and Conditions
Welcome to the Habitat Horticulture Living Table Web site (the “Site”) which is owned and operated by Habitat Horticulture LLC. By using the Site, you agree to be bound by its Terms of Use (detailed below), Legal Notices, Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on the Site. Habitat Horticulture reserves the right to make changes to the Site and its Terms of Use and Legal Notices at any time.
Disclaimer of Warranty and Liability
THIS WEBSITE, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. HABITAT HORTICULTURE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. 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. NEITHER HABITAT HORTICULTURE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnification
You agree to defend, indemnify and hold Habitat Horticulture 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 and/or our products.
Your Account and Computer Data Safety
When and if you use the Site, it shall be your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the “Account”). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.
By accessing this Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.
Site Access
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Product Terms and Conditions
Product Pricing, Availability and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Habitat Horticulture reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
Product Display/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Lead Time
All tables are made to order in the San Francisco, Bay Area. Please allow 6-8 for fabrication and delivery from the time you place your order.
Warranty
Each table has a 1 year warranty on all materials provided that the product was used in accordance with the written instructions included with the product.
Shipping and Handling
Shipping and Handling charges are based on the weight of your order as well as the cost and time of packing the item. Habitat Horticulture will notify the Customer if there is an increase in shipping charges or your order prior to final billing and shipping. Habitat Horticulture reserves the right to ship using the carrier of their choice.
Shipment to Hawaii, Alaska and international orders outside of the continental U.S. require additional charges and delivery time. Allow 4‐10 additional business days for delivery of non‐backordered items within the continental U.S.
Sales & Tax
Sales tax is charged on California transactions which are required by law. Customers outside of California are responsible for reporting and paying use tax in their state for out‐of‐state purchases. These are not included in the cost of shipping or handling of your order. All goods remain the property of Habitat Horticulture until paid for in full. If an item is backordered, we will notify you via e‐mail or how you primarily contacted us. Back orders will be filled before new orders when the backordered item becomes available. Individual product descriptions are claims of the manufacturer and/or distributor and are not guaranteed accurate. Prices are subject to change without notice. Mistakenly posted prices on the website do not obligate us to those incorrect prices. Habitat Horticulture reserves the right to refuse to sell to anyone for any reason.
Damaged or defective goods
All sales are final. No returns or exchanges will be granted unless the item is deemed defective. We stand behind the craftsmanship of our products and will provide a full refund if the item arrives defective. If this is the case, you must send Habitat Horticulture an email within 5 days of receiving the productto hello@habitathorticulture.com. Please attach an image of the defected item for our record. We will either provide you with areplacement item within 1-8 weeks.
Copyright
All rights for the Habitat Horticulture website, products, design, graphics and content are owned by Habitat Horticulture. All reproduction is strictly prohibited.
Product Liability
Habitat Horticulture is not responsible for any loss or damage caused by use of the product. Included in your table are detailed instructions on how to maintain and care for your Living Table. Habitat Horticulture’s total liability for any claim shall directly or indirectly associated with our product will not exceed the price of the goodsprovided by Habitat Horticulture. Habitat Horticulture will also not accept any liability forfailure to comply with instructions included with the product or outlined on the website.
Cancellation Policy
Valid cancellation of any and all orders must be made within 24 hours of the primary order.
Contact Information
If you have questions or comments about these Terms of Use, please contact us via email at hello@habitathorticulture.com or phone at 415.684.8555.