Terms of Service

Welcome to The Secret Garden of Chicago. The terms "we," "us," and "our" refer to The Secret Garden of Chicago. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). The Services are powered by Shopify.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be the same as depicted in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction.

For live plant orders, each plant is a living organism. Slight variations in color, size, shape, and growth pattern are natural and do not constitute a defect. Product images are representative, but the plant you receive may differ slightly in appearance.

Section 3 – Orders

When you place an order, you are making an offer to purchase. The Secret Garden of Chicago reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Order Cancellation

You may cancel your order within 24 hours of placing it, provided the order has not yet been processed or shipped. To request a cancellation, please contact us at info@thesecretgardenofchicago.com with your order number as soon as possible.

Once an order has been processed or shipped, it cannot be cancelled. In such cases, you may return or exchange the item(s) in accordance with our Refund Policy.

We reserve the right to cancel orders that appear fraudulent, unauthorized, or otherwise suspicious. If your order is cancelled by us, you will be notified and a full refund will be issued to your original payment method.

Section 5 – Order Processing

We process orders 1 to 2 business days after they are placed. Orders received before 3:00 PM Central Time on a business day are typically processed the same day. Orders received after 3:00 PM Central Time or on weekends and holidays will be processed on the next business day.

You will receive a confirmation email once your order has been processed and shipped, including tracking information where applicable.

Section 6 – Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, customs, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or in online stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes.

Section 7 – Shipping and Delivery

We currently ship only within the United States. We do not ship to P.O. boxes, APO/FPO addresses, or international destinations at this time.

Free shipping is provided on all orders. Standard delivery takes 3 to 5 business days after your order has been processed. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you.

For live plant orders, please note that plants are sensitive to temperature and weather conditions. We may delay shipping during extreme heat (above 95°F) or cold (below 35°F) to protect plant health. Customers in cold climates are encouraged to add insulation to their orders. Heat packs and insulation may be included during colder months at no additional charge.

Plants are typically shipped Monday through Wednesday to avoid weekend delays in transit.

Section 8 – Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Secret Garden of Chicago, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

The Secret Garden of Chicago's names, logos, product and service names, designs, and slogans are trademarks of The Secret Garden of Chicago or its affiliates or licensors. You must not use such trademarks without prior written permission. All other names, logos, and product and service names on the Services are the trademarks of their respective owners.

Section 9 – Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion.

Section 10 – Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party's policies and practices before engaging in any transaction.

Section 11 – Relationship with Shopify

The Services are powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Secret Garden of Chicago. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Secret Garden of Chicago, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Secret Garden of Chicago.

Section 12 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 13 – Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback will comply with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

Section 14 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 15 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  • (a) for any unlawful or malicious purpose;
  • (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
  • (e) to transmit false or misleading information;
  • (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letter," "spam," or any other similar solicitation;
  • (h) to impersonate or attempt to impersonate any other person or entity; or
  • (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm The Secret Garden of Chicago, Shopify, or users of the Services, or expose them to liability.

You agree not to:

  • (a) upload or transmit viruses or any other type of malicious code;
  • (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
  • (c) collect or track the personal information of others;
  • (d) spam, phish, pharm, or pretext the services;
  • (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools, or automated or manual means to access the Services; or
  • (f) interfere with, bypass, or circumvent the security or authorization features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 16 – Agents

16.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.

16.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements below. No Agent may access the Services if we have requested that the Agent refrain from doing so.

16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit, modify, or control Agent access to the Services.

Section 17 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 18 – Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

except as expressly stated by The Secret Garden of Chicago, the services and all products offered through the services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. we do not guarantee that your use of the services will be uninterrupted, timely, secure, or error-free. some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

Section 19 – Limitation of Liability

To the fullest extent provided by law, in no case shall The Secret Garden of Chicago, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

Section 20 – Indemnification

You agree to indemnify, defend, and hold harmless The Secret Garden of Chicago, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of:

  • (1) your breach of these Terms of Service or the documents they incorporate by reference;
  • (2) your violation of any law or the rights of a third party; or
  • (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims.

Section 21 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 22 – Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 23 – Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 24 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state courts in the jurisdiction where The Secret Garden of Chicago is headquartered. You and The Secret Garden of Chicago consent to venue and personal jurisdiction in such courts.

Section 25 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 26 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 27 – Contact Information

Please contact us if you have any questions regarding the Terms of Service.

The Secret Garden of Chicago
Address: 662 N Dearborn St, Chicago, IL 60654, United States
Email: info@thesecretgardenofchicago.com
Phone: 773-827-4560
Business Hours: Monday – Friday 9:00 AM – 6:00 PM, Saturday 10:00 AM – 4:00 PM (Central Time)