The Garden Club (“we,” “us,” or “the Club”) operates a New York State licensed adult-use cannabis retail dispensary at 227 Smith Street, Brooklyn, NY 11231. These Terms of Service govern your use of our website at thegardenclubbk.com (the “Site”) and any orders you place for in-store pickup. By using the Site you agree to these Terms. If you do not agree, do not use the Site.
1. Eligibility & Age verification
The Site is intended only for adults aged twenty-one (21) or older. You may not access the Site, create an account, or place an order unless you meet that age requirement and are physically located in New York State at the time you place the order. Government-issued photo identification is required at pickup; orders cannot be released to anyone unable to verify identity and age. If we cannot verify your age and identity at pickup, we will cancel the order and any payment will be refunded.
2. Licensed retail only — no delivery via this Site
All sales placed through this Site are completed as in-store pickup transactions at our licensed Brooklyn premises. We do not ship or mail cannabis or cannabis products. We do not transport cannabis or cannabis products across state lines. Federal law continues to classify cannabis as a Schedule I controlled substance, and interstate transport of cannabis is illegal regardless of state law.
3. New York Office of Cannabis Management notice
Cannabis products sold by The Garden Club have been laboratory-tested and verified in accordance with New York State Office of Cannabis Management (“OCM”) and Cannabis Control Board (“CCB”) regulations. Cannabis use carries health risks. The New York State Department of Health advises that cannabis use during pregnancy or breastfeeding may be harmful, that cannabis can impair concentration, coordination, and reaction time, and that you should not drive or operate machinery under the influence. Keep cannabis products out of the reach of children and pets. Effects may be delayed for up to two (2) hours, particularly with edibles. Start low, go slow.
4. Your account
Some features of the Site (loyalty rewards, order history, saved-for-pickup) require an account. You agree to provide accurate information, keep it current, and to notify us promptly if you suspect your account has been compromised. You are responsible for all activity under your account. You may not transfer your account, share verification codes, or allow another person to use your account.
5. Orders, pricing, and inventory
All product listings are descriptions, not offers. We reserve the right to refuse or cancel any order, correct pricing or descriptive errors, and limit quantities. Inventory is updated continuously but may be unavailable at the moment of pickup. If a specific item is out of stock when you arrive we will, where possible, offer a comparable substitute or a refund. Reservation of an item via the Site does not guarantee availability until the order is paid for and released in store.
6. Payment
Cannabis transactions cannot be settled with credit cards under federal banking rules. Payment is taken in cash at pickup. We may add or change accepted payment methods at any time; the methods available will be shown at checkout. Sales tax and any applicable New York State and local cannabis excise taxes will be added at the register.
7. Returns & refunds
Once a cannabis product has been released to the purchaser, it cannot be returned to inventory under New York State regulations. If a product is unopened and you suspect a quality defect, contact us at info@thegardenclubbk.com within 24 hours of pickup. Refunds and store credit are issued at our discretion and in accordance with OCM guidance.
8. Loyalty & promotions
Loyalty points, member rewards, and promotional codes are offered as a courtesy and have no cash value. They may be expired, capped, or revoked at any time, including for fraud, abuse, or violation of these Terms. Points may not be sold or transferred. Promotional pricing displayed on the Site is subject to OCM rules limiting how cannabis products may be marketed and discounted in New York.
9. Acceptable use
You agree not to (a) use the Site to facilitate the resale, redistribution, or interstate transport of cannabis; (b) misrepresent your age, identity, or location; (c) interfere with the Site, attempt to access another user’s account, scrape product data at scale, or upload anything illegal or infringing; (d) use the Site if you are under 21; (e) place an order on behalf of someone under 21.
10. Intellectual property
The Site, including its branding, photography, written content, and product descriptions, is owned by The Garden Club or its licensors and is protected by copyright and trademark law. You may view and print pages for your personal, non-commercial use. Any other use requires our prior written permission.
11. Disclaimers
The Site is provided “as is” without warranty of any kind. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components. Product descriptions are provided for informational purposes and are not medical advice. Cannabis affects each person differently. Consult a licensed healthcare provider before using cannabis if you are pregnant, nursing, on medication, or managing a medical condition.
12. Limitation of liability
To the fullest extent permitted by law, The Garden Club, its owners, employees, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of your use of the Site or any product purchased through the Site. Our total liability for any claim arising from a transaction shall not exceed the amount you paid for that transaction.
13. Indemnification
You agree to indemnify and hold harmless The Garden Club from any claim, loss, or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.
14. Governing law & venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute will be resolved exclusively in the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction there.
15. Changes
We may update these Terms from time to time. Material changes will be posted on this page with a new “Last updated” date. Continued use of the Site after a change constitutes acceptance of the revised Terms.
16. Contact
The Garden Club · 227 Smith Street, Brooklyn, NY 11231 · info@thegardenclubbk.com · NY OCM Adult-Use Retail License [License # on file].