Terms and Conditions
Nos Vigeo Inc. dba Vigeo Gardens
Effective Date: February 24, 2025
Last Updated: February 24, 2025
Welcome to Nos Vigeo Inc., doing business as Vigeo Gardens ("Vigeo Gardens," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website (www.vigeogardens.com), products, services, and communications, including SMS messaging. By accessing our website, purchasing products, engaging our services, or opting into our communications, you agree to be bound by these Terms. If you do not agree, please do not use our website, products, or services.
1. General Provisions
1.1 Eligibility
To use our website, products, or services, you must be at least 18 years of age or the age of majority in your jurisdiction and have the legal capacity to enter into binding agreements. By using our services, you represent and warrant that you meet these requirements.
1.2 Modifications to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective upon posting to our website (www.vigeogardens.com) with an updated "Last Updated" date. Your continued use of our website, products, or services after changes are posted constitutes acceptance of the revised Terms.
1.3 Contact Information
For questions, concerns, or support, please contact us at:
Nos Vigeo Inc. dba Vigeo Gardens
526 S Main St Suite 312, Akron, OH 44311
Email: info@vigeogardens.com
Phone: 330-362-8308
2. SMS Terms & Conditions
2.1 SMS Consent and Communication
By opting into our SMS messaging program, you consent to receive text messages from Vigeo Gardens. Phone numbers provided during the SMS consent process will not be shared with third parties for marketing purposes, except as required by law or with your explicit consent.
2.2 Types of SMS Communications
If you opt in, you may receive SMS messages related to:
Appointment reminders
Follow-up messages
Billing inquiries
Product orders
Example: "Hello, this is a friendly reminder of your upcoming weekly order at Vigeo Gardens on Thursday. You can reply STOP to opt out of SMS messaging from Vigeo Gardens at any time."
2.3 Message Frequency
Message frequency varies based on the type of communication. You may receive up to 5 SMS messages per week related to appointments, orders, or account status.
Example: "Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status."
2.4 Potential Fees for SMS Messaging
Standard message and data rates may apply, depending on your mobile carrier’s pricing plan. These fees may vary for domestic or international messages. Vigeo Gardens is not responsible for any charges incurred from your carrier.
2.5 Opt-In Method
You may opt into our SMS messaging program by:
Providing verbal consent during a conversation with our team
Submitting an online form on our website
Completing a paper form provided by Vigeo Gardens
2.6 Opt-Out Method
You may opt out of SMS messaging at any time by replying "STOP" to any SMS message received. Alternatively, you can contact us directly at info@vigeogardens.com or 330-362-8308 to request removal from our messaging list.
2.7 Help and Support
For assistance with SMS messaging, reply "HELP" to any message or visit www.vigeogardens.com. You can also contact us directly at the address, email, or phone number listed in Section 1.3.
2.8 Standard Messaging Disclosures
Message and data rates may apply.
Opt out at any time by texting "STOP."
For assistance, text "HELP" or visit our Privacy Policy and Terms and Conditions pages.
Message frequency may vary.
Questions or issues? Contact us at the details provided in Section 1.3.
2.9 Non-Participation
If you prefer not to receive SMS messages, you may choose not to check the SMS consent box on our online or paper forms.
3. Use of Website and Services
3.1 Website Access
Our website (www.vigeogardens.com) is provided for your personal and non-commercial use, unless otherwise agreed in writing. You may not use the website for any unlawful purpose or in any way that violates these Terms.
3.2 Account Creation
To access certain features, such as placing orders or managing appointments, you may need to create an account. You agree to:
Provide accurate, current, and complete information during registration.
Maintain the security of your account credentials.
Notify us immediately of any unauthorized use of your account.
Vigeo Gardens is not liable for any loss or damage arising from your failure to secure your account.
3.3 Intellectual Property
All content on our website, including text, images, logos, and designs, is owned by or licensed to Vigeo Gardens and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or modify any content without our prior written consent.
3.4 Prohibited Activities
You agree not to:
Use the website or services to engage in fraudulent, illegal, or harmful activities.
Attempt to gain unauthorized access to our systems or networks.
Interfere with the website’s functionality or security.
Use automated tools (e.g., bots, scrapers) to access or collect data from the website.
We reserve the right to suspend or terminate your access for violating these Terms.
4. Products and Services
4.1 Product Orders
Vigeo Gardens offers garden-related products and services, including but not limited to plants, gardening supplies, and subscription-based orders. All orders are subject to availability and acceptance by Vigeo Gardens.
4.2 Pricing and Payment
Prices are listed in U.S. dollars and exclude taxes, shipping, or handling fees unless otherwise stated.
Payment is due at the time of order placement, via accepted methods (e.g., credit card, electronic payment).
We reserve the right to change prices at any time, but changes will not affect orders already confirmed.
4.3 Shipping and Delivery
Shipping times and costs vary based on location and order size. Estimated delivery times will be provided at checkout.
Vigeo Gardens is not responsible for delays caused by third-party carriers, weather, or other factors beyond our control.
Risk of loss transfers to you upon delivery to the carrier.
4.4 Returns and Refunds
Returns are accepted for defective or incorrect products within 14 days of delivery, subject to our Return Policy (available at www.vigeogardens.com).
Refunds will be issued to the original payment method within 10 business days of return approval.
Non-defective products may not be eligible for return unless specified in the Return Policy.
4.5 Subscriptions
If you subscribe to recurring orders (e.g., weekly plant deliveries), you agree to:
Automatic billing for each subscription cycle.
Notify us at least 7 days before the next billing cycle to cancel or modify your subscription.
Subscription terms, including pricing and frequency, are detailed at checkout and in your account.
5. Privacy and Data Protection
5.1 Privacy Policy
Your use of our website, products, and services is subject to our Privacy Policy, available at www.vigeogardens.com. The Privacy Policy details how we collect, use, and protect your personal information, including phone numbers provided for SMS messaging.
5.2 Data Security
We implement reasonable security measures to protect your data, but no system is completely secure. You acknowledge the risks of providing personal information online and agree to take precautions to protect your data.
6. Limitation of Liability
6.1 Disclaimer of Warranties
To the fullest extent permitted by law, Vigeo Gardens provides its website, products, and services on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 Limitation of Liability
Vigeo Gardens, its affiliates, officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website, products, or services, even if advised of the possibility of such damages. Our total liability for any claim will not exceed the amount you paid for the specific product or service giving rise to the claim.
6.3 Force Majeure
Vigeo Gardens is not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, pandemics, government actions, or supply chain disruptions.
7. Indemnification
You agree to indemnify, defend, and hold harmless Vigeo Gardens, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, misuse of our website or services, or infringement of any third-party rights.
8. Dispute Resolution
8.1 Governing Law
These Terms are governed by and construed under the laws of the State of Ohio, without regard to its conflict of laws principles.
8.2 Jurisdiction and Venue
Any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in Summit County, Ohio. You consent to the jurisdiction and venue of these courts.
8.3 Informal Resolution
Before initiating formal legal action, you agree to attempt to resolve disputes informally by contacting us at info@vigeogardens.com. We will respond within 30 days to work toward a resolution.
8.4 Arbitration
At our sole discretion, we may require disputes to be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted in Summit County, Ohio, and you waive any right to a jury trial.
9. Miscellaneous
9.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Vigeo Gardens regarding the subject matter.
9.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
9.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
9.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. Vigeo Gardens may assign its rights and obligations at any time.
9.5 Notices
All notices must be in writing and sent to the contact information in Section 1.3. Notices are deemed received upon personal delivery, confirmed email during business hours, or one business day after deposit with a nationally recognized overnight courier.
9.6 Third-Party Beneficiaries
These Terms do not confer any rights or benefits to third parties, except as expressly stated.
10. SMS-Specific Compliance
Vigeo Gardens complies with applicable laws governing SMS communications, including the Telephone Consumer Protection Act (TCPA). By opting into our SMS program, you acknowledge that you are providing prior express written consent to receive automated text messages. We will maintain records of your consent and honor opt-out requests promptly.
Acceptance of Terms
By using our website, products, services, or opting into our SMS program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions, please contact us at the details provided in Section 1.3.
Nos Vigeo Inc. dba Vigeo Gardens
526 S Main St Suite 312, Akron, OH 44311
Email: info@vigeogardens.com
Phone: 330-362-8308
Website: www.vigeogardens.com