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Terms & Conditions

Terms and Conditions for the Online Sale

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH APG INC., AN ILLINOIS CORPORATION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products through WW. (the "Webite"). These Terms are subject to change by APG Inc., an Illinois corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Our Privacy Policy (available at: https://aplaceinthegarden.com/pages/privacy-policy the “Policy”) constitutes a part of these Terms and is incorporated herein by reference. You should also carefully review our Privacy Policy before placing an order for products through this Website (see Section 9).

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between APG USA, Inc. and you will not take place unless and until you have received your order confirmation email.
  2. Prices and Payment Terms.
    1. All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
    2. All prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you. You shall be responsible for all such charges, costs, and taxes; provided that, you shall not be responsible for any taxes imposed on, or with respect to, our income, revenues, gross receipts, personnel, or real or personal property or other assets.
    3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept American Express, Apple Pay, VISA, Mastercard, Diners Club, Discover, Google Pay, Meta Pay, Paypal, Shop Pay, Venmo for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  3. Shipments; Delivery; Shipping Terms; Title and Risk of Loss.
    1. Products will be delivered within a reasonable time after the receipt of your purchase order, subject to availability of finished products. We shall not be liable for any delays, loss, or damage in transit. You shall pay all shipping and handling charges specified during the ordering process.
    2. Unless otherwise agreed in writing by the parties, we shall deliver the products to the location you specify during the ordering process (the "Delivery Point") using our standard methods for packaging and shipping such products, unless you have requested, and we agreed to perform upon an additional cost, white glove delivery. You shall take delivery of the products within _14_ days of a written notice that the products have been delivered to the Delivery Point. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the products at the Delivery Point.
    3. If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to the notice that the products have been delivered at the Delivery Point, or if we are unable to deliver the products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the products shall pass to you; (ii) the products shall be deemed to have been delivered; and (iii) we, at our option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage, and insurance).
    4. We may, in our sole discretion, without liability or penalty, make partial shipments of products to you. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your purchase order.
    5. Title and risk of loss pass to you upon delivery of the products at the Delivery Point. As collateral security for the payment of the purchase price of the products, you hereby grant to us a lien on and security interest in and to all of the right, title, your interest in, to, and under the products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Illinois Uniform Commercial Code.
  4. Inspection and Rejection of Nonconforming Products.  
    1. You shall inspect the products within seven (7) days of receipt (the "Inspection Period"). You will be deemed to have accepted the products unless you notify us in writing of any Nonconforming Goods (as defined below) during the Inspection Period and furnish such written evidence or other documentation as we reasonably require. "Nonconforming Goods" means only the following: (i) product shipped is different than identified in the purchase order, provided that you acknowledge and agree that products are hand-made and thus, items may not be identical; or (ii) product's label or packaging incorrectly identifies its contents.
    2. If you timely notify us of any Nonconforming Goods, we shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming products, or (ii) credit or refund the price for such Nonconforming Goods, together with any reasonable shipping and handling expenses you have incurred in connection therewith. Unless parties agree otherwise, you shall ship, at your expense and risk of loss, the Nonconforming Goods to our facility located at New Wave International Cargo LLC, 6800 Santa Fe Dr suite B-2, Hodgkins, IL 60525 USA, If we exercises its option to replace Nonconforming Goods, we shall, after receiving your shipment of Nonconforming Goods, ship to you, at our expense and risk of loss, the replaced products to the Delivery Point.
    3. You acknowledge and agree that the remedies set forth in Section 5(b) are your exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5(b), all sales of products are made on a one-way basis and you have no right to return products purchased under this Agreement to us.
  5. LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

THIS LIMITED WARRANTY (the “Limited Warranty”) CAN ALSO BE FOUND AT THE WEBSITE, AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    1. Who May Use This Warranty?

This Limited Warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

    1. What Does This Warranty Cover?

This Limited Warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.

    1. What Does This Warranty Not Cover?

This Limited Warranty does not cover any damages due to:

      1. transportation;
      2. storage;
      3. improper use (all products are designed to be installed and used outside, and any inside installation and/or use shall be deemed to be improper, and excluded from the scope of this Limited Warranty); 
      4. failure to follow the product instructions or to perform any preventive maintenance;
      5. modifications;
      6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;
      7. unauthorized repair;
      8. improper care (including, but not limited to using caustic chemicals to treat or clean the products);
      9. normal wear and tear (including, but not limited to: change of color, which shall be expected for all products, and in particular Zinc Products (as defined below));
      10. installation without engagement of a qualified specialist, if the instruction requires so; or
      11. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
    1. What Is the Period of Coverage?

This Limited Warranty starts on the date of your purchase and lasts for  twenty four (24) months for all products, except for products, which are made from galvanised Steel, which is then hot dipped into molten zinc (the “Zink Products”), for which this Limited Warranty shall last for five (5) years (collectively, the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.

    1. What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

    1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.
  2. Intellectual Property Use and Ownership. You acknowledge and agree that A Place In The Garden Limited, A Place In The Garden Worldwide Limited and APG USA Inc. are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.
  3. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy available at: www.aplaceinthegarden.com/pages/privacy-policy governs the processing of all personal data collected from you in connection with your purchase of products through the Website.
  4. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's (the "Impacted Party") reasonable control, including, without limitation, the following force majeure events (the "Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) pandemics and epidemics and (j) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 14 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 14 consecutive days following written notice given by it under this Section 10, the either party may thereafter terminate this Agreement upon 14 days' written notice.
  5. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
  6. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case located in the City of Chicago and Cook County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
  7. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  8. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the products’ manufacturer. 
  9. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  10. Notices.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at: sales@aplaceinthegarden.com ; or (ii) by personal delivery, overnight courier or registered or certified mail to APG USA Inc., 2010 E. Algonquin Rd., Ste 208

Schaumburg, IL 60173 . We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Entire Agreement. The order confirmation, these Terms, our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.