Terms of Use

Terms and Conditions

Sales Policy:

We do our best "but to Err is Human" and we sometimes make a blatant pricing error (a typo)
We do apologize but it happens.

We are not responsible for typographical errors in item sku, details or pricing.
If you have any doubts or questions in regards to any items price or inventory level Please call us toll free.

We reserve the right to cancel any or all orders which may have
pricing errors or Free Shipping status if the item was incorrectly entered by one of our web technicians.

Recommendations by our staff are not guarantees. Items purchased based on these
recommendations are to be considered standard purchases  with  no special treatment including for returns.

The purchaser is  responsible for making the correct purchase for their application. 
Although our staff is highly trained, many customers often leave out or   forget important information
regarding their application hindering a  proper recommendation.

Gardenponds.com and its staff are not liable or  responsible for any recommendations unless
expressly written in paper and signed by the management.

Prices are subject to change without notice. Orders can be done via Internet, or Telephone.
We accept Visa, MC, Discover, American Express, PayPal or money orders.
No COD's Accepted.

New York Residents add 8.0%% sales tax.

**Buyer assumes all risks and responsibility associated with the use, storage, or handling of all
pond treatments that may be purchased from LaBrake’s Garden Path & Pond LLC**

Shipping Policy on Hard Goods:

All hard goods and pond supplies are generally sent by UPS or FedEx Ground shipping which is most economical.
We do not ship via the USPS ,( United States Postal Service)

Most items will be ship from our warehouse in New York or Virginia. 
Some will be shipped directly from our manufacturers to you.
Occasionally you may receive two or three packages to complete a large order.
However, this rarely happens, if it will, you will be notified of such occurrence
There will not be any additional shipping charges because of multiple deliveries.

Return Policy: Water Gardening Products:

NO RESTOCKING FEES ON WATER GARDENING PRODUCTS
within the first 30 days since delivered then: 
A 20% RESTOCKING FEE WILL BE APPLICABLE NO EXCEPTIONS.
Except special / Large orders that ship Motor Transport WHICH HAVE A 20% RESTOCKING FEE, NO EXCEPTIONS

Return Procedures

Every return requires a return authorization number (RA) from us.

For an RA number call Customer Service at 518-261-0149

All Returns require this authorization number.

Any merchandise returned to us unauthorized will be refused.

Please ship your parcel back to us freight prepaid via UPS or Fedex Ground Service "Insured".

We are not responsible for shipping cost(s) incurred on any products(s), no matter the reason for the return.

 

#1 All Water Gardening and garden pond products  items must be in new, unused, untested condition.
     Items tested in any manner are not returnable.
   

   The following items are not returnable; special orders, pond liner, liner underlay, tubing,
   books, aquatic plants, liquids, fish food and plant food.
   Every return requires a return authorization number (RA) from us.

#2 Water Gardening Products; 30 day policy enforced: refund will consist of full purchase price.
  (excluding shipping and handling charges) Important See Item #4

   a 25% restocking fee will apply  to Water Gardening items that have shipped motor freight.
   a 20% restocking fee will apply to all returns past 30 days, no exceptions.
   
#3 We will accept no product for return under any circumstance after 30 days: No exceptions.
     Please note that an RA# does not guarantee a refund. All returns are subject to inspection by us.

#4 If you are returning a product in which LaBrake's Garden Path & Pond LLC paid the shipping/handling charge
     (items marked  FREE SHIPPING and items that shipped free on the"Free shipping on all orders over $59.00)
     you will be responsible for the outbound shipping charge that we, as the shipper, incurred to have your order delivered.

 

Concrete Molds are not returnable unless damaged and we will replace.
If we do authorize a return on concrete molds their will be a 40% Restocking fee
as we custom produce molds for each and every order.

 

Rubber Lettering & Numerals and Metal lettering  are less 40%% restocking fee as of January 1, 2007.

Individual Letters and numbers of any material are not returnable.

We will accept no product for return under any circumstance after 30 days: No exceptions.

Shipping Charges are not refundable.

Purchaser must call LaBrake's Garden Path & Pond  LLC for a RMA # (Returned Merchandise Authorization)
Returned products will  be refused by our shipping & Receiving department without one.
They will be promptly sent back to you.  All items are returned at Purchasers expense.

1. Non-returnable items include chemicals, medications, water conditioners,  pond  liners, and custom cut pond tubing,

If you purchase a product of this nature and are not satisfied with its performance  we suggest you contact the manufacturer.
If you have questions and or concerns in regards to a product : inquire before you purchase, we are here to help you if we can.

Custom made Concrete mold products are also not returnable unless defective.

2. NO refund on any shipping and handling costs. Special order items, sales or special deals are also not returnable.

3. The merchandise must be in resalable UNUSED condition and returned in the original undamaged packaging. All warranty books, instructions manuals, parts and accessories must be included as well as the original box in which the item was shipped. To protect the original factory carton from any additional shipping damage, please place it inside another carton for return shipping. Returns are subject to a 25% restocking fee.

4. Acceptance of merchandise is final only after inspection.

5. If you are returning a product in which LaBrake's Garden Path & Pond LLC paid the shipping/handling charge
(items marked  FREE SHIPPING and items that shipped free on the"Free shipping on all orders over $59.00)
you will be responsible for the outbound shipping charge that we, as the shipper, incurred to have your order delivered.

6. Customer is responsible for return freight to us as well as the original freight costs except for defective and items shipped in error by LaBrake’s Garden Path & Pond LLC.

Freight Policy:

• Customer is responsible for unloading the item(s) from the truck. Truck drivers are not responsible for getting over-sized items off the truck. Shipping charges do not include a Lift gate, UNLESS SPECIFIED ON THE {PRODUCT DESCRIPTION!
If you require lift gate service to unload your equipment, please call or email us.

• IMPORTANT - Inspect Freight BEFORE YOU SIGN. Note on the freight bill any obvious damage at the time of delivery. Failure to do so will result in you or your company being liable for the damaged merchandise. Notify the carrier immediately upon delivery of any noticeable damage. We cannot assist you in working out a settlement with the carrier unless they are immediately notified of the damage. If you suspect internal damage OPEN IMMEDIATELY! Even if no damaged goods are suspected, open the carton within 24 hours and make a thorough inspection. Hold all damaged goods and their packaging materials for inspection by the carrier. Please make sure you retain a signed copy of the Bill of Lading or shipping paperwork for your records.

• Once you are contacted for delivery by the carrier, it is your responsibility to accept delivery unless other arrangements are made. Any storage fees incurred due to failure to accept delivery will be the customers responsibility.

• In the event a customer refuses shipment after shipping from the factory, the customer will be responsible for all freight charges to and from the shipping location and a restocking fee.

• In the event a customer requests to pick up a shipment at a local freight company terminal and the customer does not pick up the shipment, the customer is responsible for the cost of shipping both to and from the freight terminal and a restocking fee.

Note: If the customer returns the item(s) for any reason except that it is defective, customer is responsible for outgoing freight as well as return freight.

UPS / FedEx Policy:

 Note on the delivery receipt any obvious damage or notify the driver if present at the time of delivery. Failure to do so will result in you being liable for the damaged merchandise. Call UPS immediately at 1-518-261-0149 to file a damage claim upon delivery of any noticeable damage. We cannot assist you in working out a settlement with UPS unless they are immediately notified of the damage...and we are unable to accept responsibility for damage if the goods have been signed for and accepted in "Good Condition". If you suspect internal damage OPEN IMMEDIATELY! Even if no damaged goods are suspected, open the carton(s) within 24 hours and make a thorough inspection. Hold all damaged goods and their packaging materials for inspection by UPS and call them at 1-877-909-5459 to file a damage claim.

• In the event a customer refuses delivery after the merchandise has shipped from the factory, the customer will be responsible for all UPS charges to and from the shipping location and a restocking fee.

 

• In the event a customer does not specify the correct delivery address and  the merchandise is returned to us by the carrier as
undeliverable the customer will be responsible for all UPS charges to and from the shipping location and a 20%% restocking fee. No exceptions.

• In the event a customer cancels an order after the merchandise has shipped from the factory, the customer will be responsible for all UPS charges to and from the shipping location and a restocking fee.

Note: If the customer returns the item(s) for any reason except that it is defective, customer is responsible for outgoing UPS charges as well as return UPS charges.

Warranty Claims:

LaBrake’s Garden Path & Pond LLC  does not warranty any product sold in this online catalog. All warranties are provided by the original manufacturer. Products returned for warranty consideration must be sent to manufacturer for their evaluation and final disposition.

Warranty

Each non-perishable product comes complete with a warranty from the manufacturer.

The manufacturers' warranty covers repair or replacement of defective parts, subject to the conditions set forth.

All warranties are held by the manufacturer's and not by us.

If you have any questions regarding warranties, please either call 518-261-0149 or email.

If during the warranty period your product requires service, please contact the manufacturer as per the warranty instructions.
For your convenience most manufacturer's customer service telephone numbers are listed below.
If you have misplaced your sales receipt, simply email or call customer service and we will email you a copy of your receipt.

Alpine 877-710-0162
Atlantic Water Gardens (Please call us at 877-909-5459)
Aqua Ultraviolet 800-454-2725
Aquascape 866-877-6637
Beckett Pumps 866-466-4319
Calpump (Please call us at 877-909-5459 )
Danner Mfg. (Pondmaster) 800-458-5876
Firestone 800-428-4442
Little Giant (Please call us at 877-909-5459)
Oase 800-365-3880
Savio 888-333-2356
Sequence 719-634-8202
Tetra 800-526-0650

 

Waiver:

LaBrake’s Garden Path & Pond LLC  shall not be responsible for any damage caused by shipping delays, use of products, errors in shipping, or damage to personnel, lost income and damage caused by the installation of said products.