Returns, Terms & Policies

 

Molbak's Return Policy

At Molbak’s, we want your shopping experience to be as positive as possible. That’s why we offer a 30-day return policy on all purchases with a valid receipt. If you’re not happy with a purchase, just bring your original receipt and your item to return within 30 days of the date of purchase, and we’ll give you a complete refund. Refunds are made in the same tender as that used for the original purchase. (Note: All clearance sales are final.)

Molbak’s Tree & Shrub Guarantee

Molbak's also offer a one-year guarantee on all Outdoor trees and shrubs. If you're not completely satisfied with your plant purchase, simply bring the entire plant and your original sales receipt to Molbak's during the guarantee period. Molbak's will be happy to offer a replacement of the same item or, if that particular tree or shrub is not available, we will exchange your plant for a Molbak's Merchandise Card equal to the original price paid.

We’re here to help.

Should you ever have a question or concern about your plants, please call (425) 483-5000, email contact_us@molbaks.com, or visit our plant Information Booth in the garden center. Our horticulture experts will help you find the answers you need to make your garden thrive.

 

Terms of Use

Last Revised: April 9, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Molbak's, LLC (collectively, “Molbak’s” or the “Sites”).  This agreement contains disclaimers and other provisions that limit our liability to you.Molbak’s reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion.  Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications.  

Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13.  If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  

In order to participate in certain areas of our Sites, you will need to register for an account.  You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Molbak’s if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

PRIVACY

Please read the Privacy Policy to understand how Molbak’s collects, uses and discloses personally identifiable information from its users.

Site Disclaimer

The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Molbak’s disclaims all other warranties, express or implied, to the Sites and the information, content and materials contained therein.

Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Molbak’s logo and all designs, text, graphics, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Molbak’s or its licensors or users and are protected by U.S. and international copyright laws.You are granted a limited license to access and use the Sites and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include:  (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of Molbak’s, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Restrictions on Use

The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content").  By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

a. Unless specifically requested by Molbak’s, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, financial information, other information concerning political opinions, religious beliefs, racial or ethnic origin, or other sensitive matters);

b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; 

c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;

e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;  

f. Viruses, spy ware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and

g. User Content that, in the sole judgment of Molbak’s, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Molbak’s, other users or third parties.

Molbak’s does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party.  The interactive areas are generally designed as open and public community areas for connecting and sharing with other people.  When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly.  You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an email to contact_us@molbaks.com.  Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances.

License to User Content

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Molbak’s that you grant herein.  Molbak’s claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement.  However, by submitting or posting User Content on the Sites, you grant Molbak’s and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content.  By posting User Content, you hereby release Molbak’s and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

Submission of Ideas

Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Molbak’s, our Sites and our products (collectively, "Ideas").  Ideas, whether posted to the Sites or provided to Molbak’s by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.  Molbak’s shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

Links

Molbak’s makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites.  Such sites are not under the control of Molbak’s and Molbak’s is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  Molbak’s and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Molbak’s of any site or any information contained therein.  When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

Third Party Content

Molbak’s may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  You acknowledge and agree that Molbak’s is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

Advertisements and Promotions; Third-Party Products and Services

Molbak’s may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Molbak’s is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Molbak’s advertisers or third party information on the Sites.

Indemnification

You agree to defend, indemnify and hold harmless Molbak’s, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

Modifications to the Sites

Molbak’s reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.  You agree that Molbak’s will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Jurisdiction and Compliance with Laws

Access to and use of the Sites and these Terms of Use are governed by U. S. federal law and/or the laws of the State of Washington, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in a state or federal court located in King County, Washington. You and Molbak’s agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Termination

Notwithstanding any of these Terms of Use, Molbak’s reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

How to Contact Us

If you would like to contact us for any reason regarding our terms of use and practices, simply email us at contact_us@molbaks.com, call us at (425) 483-5000, or write us at 13625 NE 175th St, Woodinville, WA 98072, Attn: Web Management Team.

 

Privacy Policy

Last Revised: April 9, 2012

At Molbak's, LLC ("Molbak's", "we", or "us"), we are committed to ensuring the privacy of our customers. This Privacy Policy (this "Policy") describes how personal information is collected from users of the Molbak's websites at www.molbaks.com and www.mymolbaks.com (the "Sites"), and how that information is used and disclosed. By using our Sites, you consent to the terms of this Policy.This Privacy Policy supersedes any and all prior Privacy Policies, statements, or representations relating to the collection, retention, or sharing of information. Molbak's reserves the right to change, modify or amend this policy at any time. Please check back often for updates.

Commitment to Security

Molbak's values you as a customer and respects your privacy. Please read the following to understand how your personal information will be treated as you make full use of our many offerings at the Molbak's websites. We are committed to responsible information handling practices that safeguard your personal information in compliance with all applicable Federal and State of Washington privacy laws. Your use of the Molbak's websites constitutes acceptance of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the sites immediately.

This Privacy Policy does not apply to third party websites that are accessible through the Molbak's websites. We encourage you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information.

Molbak’s will not knowingly or intentionally collect personal information online from children under the age 13. We are committed to protecting the privacy of children.

The Information We Collect

Molbak's collects certain information from you that allows us to customize and enhance your shopping experience and to communicate with you about our products, services, promotions, and other online marketing information.

You can visit our web sites or locations without telling us who you are or revealing any other personal information about yourself. We may track the Internet domain address from which you visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless and until you identify yourself to us.

Molbak's collects personally identifiable information from you when you sign-in to our websites; register for online shopping; place an order; register online for any marketing email program; participate in a survey, contest, or sweepstakes on the site; or contact us by email for any reason. Information we might collect may include your name, mailing addresses, e-mail addresses, phone numbers, credit card numbers, gender, occupation, personal interests and your date of birth. We also collect personal information from you if you submit a job application or resume to us via email or the websites. We may also keep a record of your product interests and purchases online and in our stores, and automatically receive and record information on our server logs from your browser.

When you visit our websites, some information is automatically collected, such as your computer's operating system and browser type and the time and date of your visit and any purchases that you make. This information is collected through the use of "Cookies". Cookies are small computer files we transfer to your computer's hard drive that give you unique identification. We use cookies on our websites to keep track of your purchases, keep you logged in, and to keep track of your shopping cart. "Cookies" also allow us to analyze general statistical trends on our websites. We treat automatically collected information as personal information if we combine it with, or link it to, any of the personally identifying information mentioned above. Otherwise it is used in aggregate only.

When you purchase certain products or services on the website, we allow you the opportunity to speed future purchases by saving some of your billing and other personal information online through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the websites by any person using your password. Please contact us immediately if you believe your password has been misused or otherwise misappropriated.

Policy on Information Sharing

Molbak’s does not sell or rent your personal information to any third parties.

We treat our data as an asset that must be protected against loss and unauthorized access. We employ information security techniques (e.g., firewalls) to appropriately protect confidential information from unauthorized access by users. Access to our database is only made available to those employees who require access to fulfill their work.
Based on information you provide to us, we will communicate with you, primarily by email, for marketing purposes. Emails sent to you might include information on sales events, special order products, in-store seminars, services, and other services of general interest. We will provide instructions in each email on how to unsubscribe in the event you do not wish to receive future emails. Please note, however, that if you elect not to receive future email communications, you will not receive the full benefit of our marketing communications.

Molbak’s may need to share your personal information with certain third parties such as our agents, service providers and other representatives acting on our behalf for limited purposes. We may share personal information with third parties to perform services such as order and subscription fulfillment, sending marketing emails, maintaining the Molbak's Rewards program, and processing credit card payments.

The third parties with whom we conduct business are only authorized to use your information to perform the service for which they were hired. As part of our agreement with them, they are required to follow the privacy guidelines we provide them and to take responsible measures to ensure your personal information is secure.
Information about our customers, including personally identifying information, may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership on which personally identifiable information could be transferred to third parties as one of our business assets.

Choice

If you would like to opt-out of receiving communications from us, or to correct, update or delete your personal information, you may sign-in to your online account at www.molbaks.com.  If you would rather, simply email us at contact_us@molbaks.com, call us at (425) 483-5000, or write us at 13625 NE 175th St, Woodinville, WA 98072, Attn: Web Management Team. You may also follow the instructions contained in the communication you received from us.

How to Contact Us

If you would like to contact us for any reason regarding our privacy policy and practices, simply email us at contact_us@molbaks.com, call us at (425) 483-5000, or write us at 13625 NE 175th St, Woodinville, WA 98072, Attn: Web Management Team.