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Terms of Use

The Terms of Use is provided for your own protection and in the interest of clearly defining expectations when visiting www.PaxtonGate.com (hereafter “Site”).  Please read carefully. By using the Site you agree to the terms and conditions described herein.  If you do not agree, you should not use this Site.  Periodically, we may need to change these Terms of Use or impose new conditions on you the use of the Site, in which case we will post the revised Terms of Use on the Site. Please check the Terms of Use from time to time to inform yourself of any changes should they take place.  By continuing to use the Site, you accept the Terms of Use, as modified.  Please also read our Privacy / Security Policy.

Copyright and Trademarks

The Site may contain material which is protected by United States and international copyright, trademark and other intellectual property laws.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way our, or any third party’s, material from the Site, including but not limited to code and software underlying the Site, images, copy and graphics. You may download material from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Other products and company names mentioned on the Site may be trademarks of their respective owners.  If you require graphics, images, copy or other information for publication or other reasons please contact us at orders@PaxtonGate.com or by calling 415.824.1872.

Site Alterations & Spam

The Site forbids spamming, the use of robots and other forms of harassment or invasive marketing.  Third parties may not alter the site or any of its components and in doing so will be in violation of the Terms of Use.  Such activity will be remedied in court (see Controlling Law and Venue below) and violators will be required to pay all costs associated with remedying such incursions including but not limited to court costs, lawyer fees and other reasonable expenses incurred related to rectifying the matter.

IP & Linking Rights

If a listing directories wishes to link to the Site they are required to link only to the home page at www.PaxtonGate.com.  Additionally, such directories need written permission to do so.  Links to the Site not including specific permission are in violation of our terms of use.

Payment Policy

By making a purchase on our Site you have accepted our Terms and Conditions and warrant that (1) you are the legal cardholder and/or authorized user, (2) all credit card information you supply is true, correct, complete and free from fraudulent data to the best of your knowledge, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay the charges you have incurred at the posted prices, including any applicable taxes and shipping and handling fees (see Return Policy).

Restriction of Liability

The Site is provided “as is” and “as available,” without warranty of any kind, either expressed or implied including warranties of merchantability or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to you. Check your local laws for restrictions of limitations regarding the exclusion of implied warranties.
We shall not be responsible for any loss, damage, liability or expense that may accompany or result from use of the any link, domain name or graphic banner(s) provided on the Site, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. This does not indicate nor should it be construed in any way to represent an endorsement of any materials on a web site containing our domain name or graphic banner(s) or any other intellectual property.  If you use materials from locations outside of the United States, you are responsible for compliance with any applicable laws.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site, or from the products or services made available on the Site.  You agree to indemnify, defend and hold us harmless from and against any and all third party claims, demand, liabilities, costs or expenses, including reasonable attorneys’ fees arising from or related to any breach by you of these Terms of Use or applicable law, including those regarding intellectual property.

License to Site

By posting messages, uploading files, or otherwise providing any material to us for display on the Site, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to (1) use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and (2) sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.  The foregoing grants shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Export Control

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act - and not to transfer, by electronic transmission or otherwise, any content derived from our Site to either a foreign national or a foreign destination in violation of such laws.

Termination

We may cancel, suspend or terminate your right to use the Site or any part of the Site at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Controlling Law and Venue

It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of California, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the San Francisco Superior Court or the United States District Court for the Northern District of California.

Other

This agreement constitutes the entire agreement between you and us with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.

Return Policy

Paxton Gate guarantees your complete satisfaction.  If, for some reason, you are not satisfied with your purchase or gift, please contact us in writing by email at orders@PaxtonGate.com to receive return authorization.  The items must be unused, unwashed, in original condition and packaging, (excluding gift packaging) and original tags (if any) must be attached.  Return requests received within 14 days from the ship date may be replaced, exchanged for other merchandise/store credit, or the original purchase amount may be refunded — less shipping fees — to the original purchaser.  Return requests received 15 to 30 days from the ship date may be replaced or exchanged for other merchandise/store credit only.  We do not accept returns after 30 days.  Return shipping fees will be paid buy the purchaser unless the reason for the return is the fault of Paxton Gate or the shipping company (e.g. incorrect item shipped, broken in shipping, etc.). See International Shipping below for International Return information.

Domestic Shipping

Shipping will usually be completed through Federal Express and typically takes 2 to 3 days to process.  Paxton Gate, at our discretion, may opt to use a different carrier than requested at no additional cost to you. If express shipping is needed please make that selection at checkout and follow up with a phone call to make special arrangements (415.252.9990, ask for the stockroom).  Otherwise your Express Shipping request may not go out for a couple days.  We cannot ship to post office boxes.

Paxton Gate guarantees to meet our shipping promises in getting your package to the carrier but shipped items are considered F.O.B. and delays by the carrier or for other reasons beyond our control must be resolved between the purchaser and the carrier.

Plants by their nature are difficult to ship and on occasion breakage and leaf drop happens.  Minor damage to your plant, although distressing, will not kill it and is not reason for a return.  After unpacking your plant, clip off any leaves that are damaged beyond repair and water it.  If it's a high light plant you should slowly acclimate it to bright light over the period of a few days.  Having been in the dark for a few days it could burn if placed immediately in direct light.  We will advise as to whether a different shipping method and possibly additional fees are required for plants that you have selected. As always, please call us if you have any questions. In an effort to be minimize waste Paxton Gate uses biodegradable packing materials and/or reuses shipping materials whenever possible.

International Shipping

Please read Domestic Shipping as well as our Return Policy above as those policies also apply to International Shipping. Additionally, please note that all fees associated with International Shipping are your responsibility and are not to be paid by Paxton Gate. If Paxton Gate incurs additional fees such as, but not limited to tariffs, import/export fees, customs fees, those fees will be charged to your credit card. Delays, returns, quarantines, etc. caused by Customs and related agencies, whether domestic or outside the United States, do not constitute a viable reason for return and the same Return Policy noted above applies. If the original purchaser, Customs or related agencies, whether domestic or outside the United States, return the shipment in good order (as noted in Return Policy above) within 30 days of the ship date it may be exchanged for other merchandise, store credit, or the original purchase amount may be refunded — less shipping and other fees — to the original purchaser. Items returned after 30 days from the ship date may be replaced or exchanged for other merchandise/store credit only. There are no refunds after 30 days. Certain restrictions apply to the sale and export of plants, animal parts, and other items available on the Site that vary by destination. We will ship only items allowed by your particular country’s import laws. This will be determined after you place your order and is not part of the checkout process. If you do not want a partial shipment please notify us in the notes section at checkout. In general, we do not recommend shipping plants to other countries and recommend that you research this before placing the order.

Shipping

Shipping will usually be completed through Federal Express and typically takes 2 to 3 days to process.  Paxton Gate, at our discretion, may opt to use a different carrier than you request at no additional cost to you. If express shipping is needed please make that selection in checkout and follow up with a phone call to make special arrangements (415.824.1872).  Otherwise your Express Shipping request may not go out for a couple days.  We cannot ship to post office boxes.

Paxton Gate guarantees to meet our shipping promises in getting your package to the carrier but shipped items are considered F.O.B. and delays by the carrier or for other reasons beyond our control must be resolved between the purchaser and the carrier.

Plants by their nature are difficult to ship and on occasion breakage and leaf drop happens.  Minor damage to your plant, although distressing, will not kill it and is not reason for a return.  After unpacking your plant, clip off any leaves that are damaged beyond repair and water it.  If it's a high light plant you should slowly acclimate it to bright light over the period of a few days.  Having been in the dark for a few days it could burn if placed immediately in direct light.  As always, please call us if you have any questions.

In an effort to be minimize waste Paxton Gate uses biodegradable packing materials and/or reuses shipping materials whenever possible.

Taxes

Purchases shipped to California residents will be charged state sales tax (currently 7.25%).  You may be responsible for additional Use Taxes in your area.

Business Opportunities and Marketing Calls

If you are a vendor or service provider and wish to contact us regarding a business or marketing proposal, feel free to e-mail us at retail@PaxtonGate.com.  We are always interested in new products and sales information.  Please do not call the store directly as email is the easiest way for us to handle these inquiries.  Construction and Design inquiries can be sent to design@PaxtonGate.com.

Customer Service

Paxton Gate’s goal to provide unique, educational, bizarre, eclectic treasures and oddities inspired by the garden and the natural sciences.  We endeavor to provide the best products with the most value to our customers.  We continually add new products to our store and website and encourage your feedback and ideas. If there is something you would like to see us carry, feel free to contact us at orders@PaxtonGate.com.

If you would like to visit us or pick up your purchase (Will Call) it is best to select your item(s) for purchase on line by adding them to your shopping basket.  When you are ready, call us and we will pull your order from stock and take your credit card information over the phone.  Then CANCEL your transaction.   DO NOT COMPLETE THIS TRANSACTION.  There are no shipping or handling fees for Will Call items but sales tax applies.

If you want to place your order on-line to be shipped but are not comfortable with including financial data in that manner, we can accept phone orders 12 PM – 7 PM, M - F or fax orders 24 hours/day.  To do this process an order on-line and select the phone/fax option during checkout.  We will then call you for your credit card information (we may call the next business day).  If you prefer to place your order entirely offline you may fax your order to 415.824.1871 or call us at 415.824.1872.  Please have the following information ready for speedy processing:

  • Shipping Name, Address and Phone Number
  • Billing Name, Address and Phone Number
  • E-mail Address or Fax Number
  • Desired Shipping Method
  • Payment Information*

*You can also email all but the payment information to us and we’ll follow up with a phone call saving you the toll (U.S. only at this time).

Thank you.
Sincerely,
Sean Quigley, President and Founder