Terms & Use
TERMS AND CONDITIONS OF ONLINE SALES
1. EXCLUSION OF OTHER TERMS.
The terms and conditions stated herein may not be varied byyou, the buyer (“Buyer”), and no additional or different terms or conditions,whether stated in Buyer’s order form or elsewhere, shall be applicable to thetransaction unless specifically agreed to in a separately signed, writteninstrument by an officer of Organic Herbal Supply (“Company”). Buyer’sacceptance of delivery of all or part of the goods covered hereby or Buyerspayment therefore shall constitute such assent.
Unless otherwise stated on the website, all prices areF.O.B/Point of Departure, exclusive of freight, insurance and local deliverycharges, if any. Prices advertised do not include shipping and/or handling orapplicable taxes.
All applicable sales, use, excise, gross receipts and othertaxes (excluding only taxes on the net income of the Company) are theresponsibility of the Buyer, and Buyer shall promptly pay or reimburse theCompany for payment of any such taxes on demand. If Buyer claims an exemption fromsuch taxes, an exemption certificate must be furnished to the Company.
Terms of payment are within Company’s sole discretion,unless otherwise agreed to by Company. Payment must be received by Companyprior to Company's acceptance of an on-line order. Payment will be made bycredit card, PayPal, Stripe, and/or other payment services offered fromtime-to-time.
Any shipping date shown represents the Company’s bestestimate as of this date, but the Company shall not incur any liability of anykind whatsoever for failure to ship on any particular date, unless firmshipping date has been expressly agreed to by an officer of the Company in aseparately signed written instrument. Risk of loss shall pass to the Buyer whenthe goods are placed in the possession of a common carrier. Claims against thecarrier shall be the responsibility of the Buyer, and claims against theCompany for patent defects, errors, or shortages must be made in writing to theCompany within fifteen (15) days of receipt of the goods, or such claims shallbe deemed to have been waived.
6. WARRANTY MATTERS.
Products manufactured on behalf of the Company are warrantedto be free from defects in material and workmanship under normal use andservice for a period of thirty (30) days from the date of shipment, unlessotherwise noted in product literature. The Company will replace, at its option,Products which prove to be defective within the warranty period F.O.B. /Pointof Departure. The Company’s warranty shall be voided by any alteration ormodification by persons other then the employees of the Company, or thoseexpressly authorized by the company to make changes, and are also voided byBuyer’s abuse, misuse, or neglect of the Products, or by use not in accordancewith the Company’s published instructions. The remedies for any failure of theCompany’s Products to meet its warranty specified herein shall be limited tothese remedies stated herein and no others, and all remedies being exclusiveremedies as a condition of sales. EXCEPT AS PROVIDED IN THIS PARAGRAPH, THECOMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OFMERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. DAMAGE LIMITATION.
Under no circumstances shall the Company be liable for anylost profits or other incidental or consequential damages of any kind for anyreason whatsoever with respect to its Products, or the transaction by whichit’s Products are sold. The maximum monetary damages for any such claim broughtby a Buyer shall be limited to the amount Buyer paid for the particularproduct(s) in question that are found to be defective or otherwise harmful.
Any software identified in this on-line sale, embodiedwithin Products subject to this on-line sale, shall be governed by separatelicense agreement(s), which will be furnished to the Buyer at the time ofdelivery. Notwithstanding any other term or condition of this on-line sale,neither title to the software, nor proprietary rights associated with thesoftware, shall be transferred to the Buyer. The software comprises proprietaryinformation and technology of the Company, and the buyer may be required to adhereto certain nondisclosure obligations set forth in the aforementioned licenseagreement(s).
In no event shall the Company be liable to any loss ordamages resulting from any delay or failure in shipment or other failure toperform with the respect to the goods subject to this online sale where suchdelay, failure, loss or damage is the proximate result of any act of anygovernmental authority, revolution, riot, civil disorder or disturbance, act ofenemies, delay or default in transportation, strike, dispute among materials orfacilities from normal sources, fire flood, act of God, or any other cause notwithin the reasonable control of the Company, whether of the class of causesenumerated or otherwise. Without limiting the generality of the foregoing, theCompany may, without causing a breach or incurring liability, allocate goods,which are in short supply, irrespective of the reasons therefore, amongcustomers in any manner which the Company in its sole discretion deemsadvisable.
10. GOVERNING LAW.
The transaction with respect to the goods which are thesubject of this online sale shall be governed by and interpreted andconstructed in accordance with the laws of the State of California, and anyaction arising out of such transaction shall be brought exclusively in courtsseated in Sacramento County, or the Federal District Court located inSacramento, CA, and Buyers agreement to such exclusive jurisdiction and venueis a condition of sale.
Any controversy or claim arising out of or relating to thisonline sale, or the breach thereof, shall be settled by arbitration in theaccordance with the rules, the obtaining of the American ArbitrationAssociation and judgment upon the award rendered may be entered in the highestcourt of the Forum, State, or Federal, having jurisdiction.
12. RETURN POLICY.
Merchandise purchased on-line more than 30 days from thepurchase date may not be returned for credit. There will be a 15% restockingfee and the product must be in "stockable" condition. Returns requireprior authorization by Company and will be conveyed to the customer via an RMA(Return Authorization) number. Approval for returns of units without areplacement order must have approval by the Company Sales Manager. Any productbeing returned to Company must be marked with the RMA number and sent freightprepaid.