Terms of service

Welcome to Pokie Garden (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Pokie Garden website (the “Site”), any related services, and the purchase of any products (including live animals) through our Site or in person. By accessing our Site or placing an order, you agree to be bound by these Terms. If you do not agree, please discontinue use of our Site and services.

Acceptance of Terms

By visiting our Site and/or purchasing something from us, you engage in our service (“Service”) and agree to be bound by the following Terms, including those additional terms and policies referenced herein (such as our Shipping Policy and Return Policy). These Terms apply to all users of the Site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to purchase live animals or other products from us.

You represent and warrant that all information you provide (including but not limited to shipping address, contact details, and payment information) is truthful and accurate.

Ordering & Payment

Order Placement: Orders can be placed through our Site. You will receive an automated email confirmation once your order is successfully placed.

Payment Methods: We accept credit card, PayPal, or other payment methods indicated at checkout. All payments must be made in full at the time of order unless otherwise agreed.

Pricing & Availability: All prices are listed in U.S. Dollars. We reserve the right to change our prices at any time without prior notice.

Shipping Policy

We strive to ensure that your tarantulas, reptiles, and amphibians arrive safe, healthy, and ready to thrive. By placing an order with Pokie Garden, you agree to the following shipping terms:

Shipping Days & Methods

  • Shipping Days: We only ship on Tuesdays and Wednesdays to mitigate carrier delays and ensure the animals’ safety.
  • Carrier & Service: All live tarantulas, reptiles, and amphibians are shipped via FedEx Priority Overnight and held for pickup at the nearest authorized FedEx Ship Center.
  • Local Pickup & Expo Delivery: We offer local meetups in Houston, Texas, and local expo pickups as alternatives to shipping. We will announce expo schedules on our Site or social media pages.

Order Confirmation & Scheduling

  • You will receive an automated email confirming your purchase.
  • Within 12 hours of placing your order (or by the next business day), we will contact you via email to coordinate a shipping date and confirm the FedEx Ship Center address for pickup.
  • We will not ship without your confirmation.

Tracking & Potential Delays

  • You will receive a tracking number on the morning of (or the evening before) your shipment day.
  • Shipping may be delayed due to weather conditions, molting, FedEx holiday schedules, or expo/meetup schedules.
  • If delayed, we will notify you and work with you to find the next best shipping date.
  • Carrier Delays: If your package arrives 1–3 days late, please still be prepared to pick it up immediately.

Live Arrival Guarantee (LAG)

FedEx Hold at Location:

  • All animals must be shipped to a FedEx Ship Center for pickup.
  • You must pick up the package within 4 hours of arrival to maintain coverage.

Timely Notification:

  • For a DOA (Dead on Arrival) claim, contact us within 1 hour of pickup.
  • Provide clear photo or video evidence of the deceased specimen.

Invalidating Factors:

  • Freebies are not covered by LAG.
  • Home delivery upon request may void or limit LAG.
  • Failure to follow pickup timelines or our extreme weather precautions voids LAG.

Refunds/Replacements:

  • If a DOA occurs and all LAG conditions are met, we will offer a replacement (if available) or store credit for the animal’s value.
  • Shipping fees are non-refundable.
  • We still honor LAG if FedEx delay does not exceed three (3) days, provided you pick up promptly once it arrives.

Local Meetups & Expo Shows

  • Local Pickup: When you receive the animal at a Houston meetup, LAG is considered fulfilled.
  • Expo Shows: If you pick up your order at an expo, LAG is fulfilled once the animal is in your possession.

Shipping Fees

  • Shipping cost is determined at checkout (based on distance and weight).
  • We only ship to the contiguous 48 states.
  • We do not currently offer 2-day or ground shipping due to animal sensitivity.

Weather & Temperature Guidelines

  • We do not ship when temperatures are below 40°F or above 90°F at any key point in transit.
  • We use heat packs or cold packs as needed.

Rescheduling & Cancellations

  • Email us at info@pokiegarden.com before the agreed shipping date if you need to cancel or reschedule.
  • Once your package is shipped, no refunds are issued for cancellations.

Unclaimed Shipments

  • If you do not pick up your order within 24 hours (and have not notified us of any emergency), we may have it shipped back for the animal’s welfare.
  • No refunds are provided in such cases.

Home Delivery (By Request Only)

LAG may be void or limited with home delivery.

You must be present for the first delivery attempt.

Timely notification is required if a DOA occurs, but compensation may be reduced or void.

For more details, please review our full Shipping Policy on our Site or contact us at info@pokiegarden.com.

Return & Refund Policy

We understand that sometimes orders need to be changed or canceled. By placing an order, you agree to the following return/refund terms:

Order Cancellations

  • Cancellation Window: You may request a cancellation for a full refund if you contact us at least 24 hours before your scheduled shipping date.
  • Less than 24 Hours Before Shipping: A full refund may not be granted. We reserve the right to issue a partial refund or store credit at our discretion.
  • Day of Shipment or After Shipment: No cancellations or refunds.

Refunds for Shipped Orders

  • Shipping charges are non-refundable once a package has been shipped.
  • Live Arrival Guarantee (LAG): If a DOA meets LAG conditions, we offer replacement or store credit (shipping fees remain non-refundable).

Returns & Exchanges

  • Live Animals: We do not accept returns of live animals for biosecurity and safety reasons.
  • Dry Goods & Non-Living Products:
    • If you receive the wrong non-living product, email us within 48 hours with a photo of the incorrect item and your packing slip. We will ship the correct item promptly.
    • If you no longer want the item or ordered incorrectly, you may return unopened, unused products within 14 days. You are responsible for return shipping; original shipping is non-refundable.

Refund Process

  • Contact us at info@pokiegarden.com with your order number and reason for cancellation or refund.
  • Once confirmed, refunds will be issued to the original payment method or via store credit, typically within 5–10 business days.

No Hidden Fees

  • We do not charge restocking fees in most cases.
  • Third-party transaction fees may be non-recoverable if a cancellation occurs beyond a certain period.

For the full policy details, please refer to our Return/Refund Policy on our Site or email info@pokiegarden.com.

Intellectual Property

All content on our Site—including text, graphics, logos, images, and software—is the property of Pokie Garden or its content suppliers and is protected by U.S. and international copyright and trademark laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Site or Service without express written permission from us.

Disclaimer of Warranties

We do our best to ensure the accuracy of information on our Site, but we do not guarantee that all content is error-free, complete, or current.

Your use of our Site and purchase of our products (including live animals) is at your sole risk. Except for our Live Arrival Guarantee as explicitly stated, the Service and all products are provided “as is” and “as available” without warranties of any kind, whether express or implied.

Limitation of Liability

To the fullest extent permitted by applicable law, Pokie Garden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses resulting from your use of or inability to use our Service or products.

Indemnification

You agree to indemnify, defend, and hold harmless Pokie Garden and our directors, officers, employees, contractors, licensors, and agents from and against all claims, damages, liabilities, costs, or expenses arising out of your breach of these Terms or your violation of any law or third-party rights.

Dispute Resolution

Any dispute arising out of these Terms or your use of our Site and Service shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in or near Houston, Texas, to resolve any dispute.

Changes to Terms

We reserve the right to update or change these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of our Site or services following the posting of any changes constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms, our Shipping Policy, or our Return & Refund Policy, please contact us:

Email: info@pokiegarden.com

Location: Houston, Texas (local meetups available)

Thank you for choosing Pokie Garden for your tarantula, reptile, and amphibian needs!

By placing an order with Pokie Garden or using our Site, you acknowledge that you have read, understand, and agree to these Terms of Service, including our Shipping Policy and Return & Refund Policy.