Terms of service

GARDENS TO GO™ by PLANZAR™ — TERMS OF SERVICE

OVERVIEW
Welcome to GARDENS TO GO™ by PLANZAR™! The terms “we”, “us” and “our” refer to Van Heuten LLC, doing business as GARDENS TO GO™ by PLANZAR™. Van Heuten LLC operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). GARDENS TO GO™ by PLANZAR™ is powered by Shopify, which enables us to provide the Services to you.

The below 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 of Service 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.

GARDENS TO GO™ by PLANZAR™ is a trademark of Van Heuten LLC.

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 in our stores 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, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered 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 that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3A – ORDERS

When you place an order, you are making an offer to purchase. GARDENS TO GO™ by PLANZAR™ reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GARDENS TO GO™ by PLANZAR™ confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as GARDENS TO GO™ by PLANZAR™ 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 e‑mail, billing address, and/or phone number provided at the time the order was made.

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 3B – REFUNDS FOR DIGITAL PRODUCTS

Refunds for digital Plan Sets are available only if the files have not been downloaded. Once any file associated with your purchase has been accessed, opened, or downloaded, the sale becomes final and non‑refundable.

Because digital products cannot be “returned,” you acknowledge that downloading any file constitutes acceptance of the product and completion of the transaction.

This policy is consistent with industry standards for digital goods and is designed to protect the intellectual property of Van Heuten LLC.

SECTION 4 – 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, shipping, handling, customs or import charges.

We may offer promotions from time to time that may affect pricing and that are governed by separate terms.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.

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 by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

All landscape plan sets, drawings, diagrams, files, and other downloadable materials offered through the Services (collectively, “Plan Sets”) are protected by U.S. and international copyright law and remain the exclusive intellectual property of Van Heuten LLC, doing business as GARDENS TO GO™ by PLANZAR™.

When you purchase a Plan Set, you are purchasing a limited, non‑exclusive, non‑transferable license to use that Plan Set for a single installation at one (1) residential property owned or occupied by you (the “Licensed Property”).

You agree that:

Single‑use license: Each Plan Set may be used for one installation at one Licensed Property only. Any use at another property, or for an additional installation, requires the purchase of an additional license.
No resale, sharing, or redistribution: You may not sell, gift, license, share, upload, publish, or otherwise transfer the Plan Set (or any adaptation of it) to any other person, including neighbors, friends, contractors, designers, or third parties, for their own use or installation.
Contractor use limited to your project: You may provide the Plan Set to your contractor or installer solely for the purpose of installing the design at your Licensed Property. Your contractor may not reuse, resell, or adapt the Plan Set for any other client or property.
Site‑specific adaptations allowed, IP retained: Reasonable, site‑specific adjustments or adaptations made by you or your contractor to accommodate grading, utilities, local codes, or other on‑site conditions are permitted only for installation at the Licensed Property. Any such adaptations are considered derivative of our original design, and all intellectual property rights in the underlying design and any adaptations remain with Van Heuten LLC.
No derivative works for reuse: You may not create modified versions of the Plan Set for reuse, resale, or distribution.

All rights not expressly granted to you are reserved by Van Heuten LLC. Any unauthorized use of a Plan Set, including reuse at additional properties, resale, or sharing with others, constitutes copyright infringement and a violation of these Terms.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools offered by third parties. You acknowledge that such tools are provided “as is” and “as available” without warranties of any kind.

SECTION 8 – THIRD-PARTY LINKS

We are not responsible for examining or evaluating the content or accuracy of any third‑party materials or websites you choose to access.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

GARDENS TO GO™ by PLANZAR™ is powered by Shopify. Shopify is not responsible for any aspect of sales between you and GARDENS TO GO™ by PLANZAR™.

SECTION 10 – PRIVACY POLICY

All personal information we collect is subject to our Privacy Policy and Shopify’s Privacy Policy.

SECTION 11 – FEEDBACK

If you submit Feedback, you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use it for any purpose.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors or inaccuracies and to change or update information at any time without notice.

SECTION 13 – PROHIBITED USES

You may not use the Services for unlawful purposes or in ways that violate these Terms.

SECTION 14 – TERMINATION

We may terminate your access to the Services at any time without notice.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” without warranties of any kind.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, GARDENS TO GO™ by PLANZAR™ shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless GARDENS TO GO™ by PLANZAR™ and Shopify from any claims arising out of your breach of these Terms.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remainder shall continue in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us.

SECTION 20 – ASSIGNMENT

You may not assign your rights under these Terms without our consent.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where GARDENS TO GO™ by PLANZAR™ is headquartered.

SECTION 22 – HEADINGS

Headings are for convenience only.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We may update or change these Terms at any time by posting updates to our website.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent via our Contact Page.