Terms & Conditions

The Gloeckner Company is extremely interested in continuously improving the functionality and utility of this site. If you have any suggestions or requests to help us make this site more convenient and useful for your business objectives, please use the contact form to advise us.

It's Safe to Buy Online from fredgloeckner.com with your Credit Card!

Every online credit card transaction with fredgloeckner.com is backed by Gloeckner's Safe Purchase Guarantee. Regarding any purchase you make from fredgloeckner.com, you pay nothing if fraudulent use is made of your credit card account as the direct result of your use of the account for a purchase from fredgloeckner.com. To date, no Gloeckner customer has reported fraudulent use of a credit card, or any unauthorized charges, because of an online purchase from us. Gloeckner's secure server software (SSL) is today's gold standard in secure e-commerce transactions. The information you enter (including your credit card number, expiration date and shipping/contact information) is encrypted so that it cannot be intercepted over the Internet. Under the Fair Credit Billing Act, your issuing bank cannot hold you liable for more than $50.00 in fraudulent charges. If your bank does hold you liable for any of this $50.00 amount, fredgloeckner.com will reimburse you for this liability, up to the maximum $50.00. This reimbursement will only be made if fraudulent use of your credit card occurred through no fault of your own because of purchases from fredgloeckner.com while using our secure server. In such event, you must notify your credit card provider in accordance with its specific reporting rules and procedures.

Use of your credit card with fredgloeckner.com does not place you on any list that is for sale or rent to any third party. We do not sell or rent our list of customers to anyone. Please see our Privacy Statement.

If, in spite of our guarantee, you prefer not to order online with your credit card, please call us toll-free at 1-800-345-3787 for instructions.

Credit Card Transaction Policy

Upon submission of a credit card order via the Internet, fredgloeckner.com will seek an approval code from the customer's credit card issuer, and charge the account for the full order amount at the time of shipment.

Online payments may be made with worry-free security via the 3 major bank credit/debit cards (MasterCard, Visa, and Discover) -- by check via TeleCheck -- or you may establish an account and submit Purchase Orders.

All orders, regardless of origin or payment method, are payable in U.S. dollars.

Shipping

Regarding shipments to destinations in the 48 contiguous states and the District of Columbia, for all supply products currently available for purchase online, the Gloeckner shopping cart automatically adds 10% of the purchase price for shipping via UPS Ground or "Best Way." For faster or special shipping arrangements, please call 1-800-345-3787, ext. 125, or contact us by e-mail.

Regarding shipment of orders to ALL OTHER destinations, shipping charges are F.O.B. shipping point, automatically charged to the credit/debit card, checking account or Gloeckner house account that you have specified for payment / processing of your order.

Acceptance of Terms

These terms and conditions shall govern all orders for seeds, bulbs, plants, supplies and other materials ("merchandise") placed with Seller online. All negotiations with salesmen or other agents of Seller are merged herein. Purchaser acknowledges that it has not relied on any representation not contained herein. No modification of these terms and conditions shall be effective unless in writing signed by Seller. Placement of the order shall constitute Purchaser's offer to purchase the merchandise on these terms and conditions. All orders and contracts are subject to acceptance or rejection by Seller at its offices in Harrison, New York and shall be deemed accepted upon shipment by Seller.

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Limitation of Warranty

Seller warrants, to the extent required by law, that merchandise conforms to the description appearing in Seller's catalog and on container labels, within recognized tolerances. SELLER MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Certain merchandise may be separately warranted by the manufacturer. Seller does not adopt or ratify any manufacturer warranties, express or implied, and Seller shall have no liability there under. Seller does not adopt or ratify any warranties, express or implied, made by Purchaser upon resale of the merchandise, and Seller shall have no liability there under. Purchaser agrees to defend, indemnify and hold Seller harmless from and against any liability of any kind to any person arising out of any warranty, express or implied, made by Purchaser upon resale of the merchandise. Seller shall have no liability for breach of warranty unless notice of any breach is given within a reasonable time, not to exceed thirty (30) days, after such breach is or should have been discovered. Any action for breach of warranty must be commenced within one year after the cause of action has accrued.

Limitation of Remedy

PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE. SELLER'S LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE. UNDER NO CIR-CUMSTANCES SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

Confirmation and Governing Law

The law of the State of New York shall govern the rights, duties and obligations of the parties. Purchaser hereby submits to the jurisdiction of the courts of that State as to any dispute arising out of the contract between the parties and agrees that any litigation between the parties shall be brought in the Supreme Court of New York located in Westchester County, New York. In the event of litigation, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other award.

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Pricing

All prices are subject to change without notice. The price in effect at time of shipment will prevail. Prices do not include installation; Seller takes no responsibility, and shall have no liability for installation.

Payment

Payment is due in accordance with terms specified on invoice. All payments shall be made in U.S. funds. In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Seller, SELLER SHALL BE ENTITLED TO COLLECT A LATE CHARGE OF 1.5% PER MONTH (18% PER YEAR) OR THE MAXIMUM RATE ALLOWED BY LAW, WHICHEVER IS LESS, ON ALL AMOUNTS PAST DUE FROM THE DATE DUE UNTIL THE DATE PAID.

Inspection and Return Policy

Purchaser should inspect merchandise upon receipt. Seller shall have no liability for any defect unless notice is given promptly, not to exceed thirty (30) days after such defect is or should have been discovered. In cases of loss or damage due to transportation, Purchaser should obtain and forward an inspection report to Seller's Traffic Department within fifteen (15) days of delivery. No merchandise conforming to the Purchaser's order may be returned without Seller's prior written authorization. Requests to return merchandise and any complaints or claims not arising under the Seller's warranty must be made within thirty (30) days after delivery. All returns must be in accordance with Seller's shipping instructions with freight paid by Purchaser. Returns of conforming merchandise are subject to a 10% restocking charge.

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Delays, Shortages and Substitutions

Seller shall not be responsible for delays in delivery or for losses resulting from such delays due to unforeseen, supervening circumstances. Seller reserves the right to make partial shipment if full shipment is commercially impracticable. In the event of shortages, Seller may substitute such other, similar merchandise as is available.

Survival

If any provision of the terms and conditions of sale stated herein and on the face hereof shall for any reason be held prohibited by or invalid under applicable law, in whole or in part, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions hereof.

Protected Varieties

Varieties listed with the symbols PP# (Plant Patent Number), USPP or PAP (U.S. Patent Pending), PVPA (Plant Variety Protection Act Certificate issued), PVPAP (Plant Variety Protection Act Pending), BR (Breeder's Rights certificate issued) or BRP (Breeder's Rights Protection Pending) are protected by U.S. or foreign plant patents or plant variety protection laws. These varieties may not be reproduced without authorization. The breeder (or authorized representative) has the right to inspect customers' nurseries during normal business hours to assess compliance with the restrictions on use of protected varieties.

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Return of Merchandise

Complaints or reports of shortages of any type must be made within 10 days of receipt of merchandise. Please do not return or refuse any merchandise without first obtaining authorization and shipping instructions from our office. A restocking fee may be charged on some returned items when applicable.

ALL SHIPMENTS ARE MADE F.O.B. SHIPPING POINT

Upon receipt of merchandise before signing the carrier's bill of lading do the following:

Shortages or any apparent damage:
If there is a box missing or any apparent damage to the shipment, note the details on both copies of the freight bill and have the airline or delivering carrier sign for the shortage or damage before you sign the delivery receipt. The carrier will keep one copy of the receipt and you should keep one to file with your claim.

Concealed damage or loss:
If the damage is not discovered until the boxes are received and unpacked at your greenhouse, contact the carrier immediately and request an inspection. Phone requests are best confirmed by mail.

If your request is refused or inspection is waived by the agent or carrier:
Take down the full name of the person you spoke with and note the date and time of your request.

File a claim:
File a claim promptly with the carrier. Claim forms can be obtained from the carrier. Standard forms are also available and are acceptable. Include the following with your claim:

• Bill of lading copy
• Paid freight bill copy
• Invoice copy
• Copy of carrier's delivery receipt with notations
• Inspection report, if available. Waived inspection-note details on the claim form

IN ALL CASES, ACCEPT THE SHIPMENT REGARDLESS OF CONDITION. NO CLAIM CAN BE FILED UNLESS YOU DO.

If you refuse a shipment and fail to file a claim, we cannot accept any responsibility for the loss. Please feel free to contact us with any questions or problems. We will be happy to assist you in every possible manner.

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