Terms and Conditions of Service
Last updated: October 9, 2019
All microgreens and other products made available through the Website will be referred to, collectively, as the “Products.” Please read these Terms and Conditions carefully before ordering any products from us or subscribing to one of our services. You should print a copy of these Terms and Conditions for future reference. When using the Website, you will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms and Conditions. We may also offer other websites that are governed by different terms and conditions.
These Terms and Conditions may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of the Terms and Conditions. By continuing to use the Website subsequent to us making available an amended version of the Terms and Conditions, you thereby acknowledge, agree to, and consent to such amendment. You cannot create an account, buy our Products or subscribe to our services without agreeing to these Terms and Conditions.
Our Website is intended for use only by people residing in the state of Florida within the United States of America. We do not accept orders from individuals outside this specific region.
By placing an order through our Website, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are a resident of Florida, USA.
- You are accessing our Website from the United States.
Without in any way limiting the foregoing, you may not download or export any software or technical data from this Website, or purchase any Products or services from this Website, if you are in or a national or resident of: Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Waiver of Jury Trial
As discussed further below, both you and Vitality Farms Company agree, with the limited exceptions noted below, to resolve all disputes between you and Vitality Farms Company through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Consent to Electronic Record Keeping
YOU CONSENT TO ENTERING THESE TERMS AND CONDITIONS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS AND CONDITIONS IN ELECTRONIC FORM.
Accessing the Website
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at email@example.com If you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the Website will be accurate.
Product Shipping, Subscription, Guarantee and Return Policies
Please refer to our Terms and Conditions for Purchases/Subscriptions at the bottom of this page for more information on our rates, refund policies, and other policies and procedures, all of which are incorporated herein by reference. The Terms and Conditions for Purchases/Subscriptions include separate provisions regarding warranty disclaimers and liability limitations.
Our Intellectual Property
Vitality Farms Company and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use the Website to:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, hateful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Post or otherwise submit to us any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, intimidating, violent, encouraging of violence, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Home Chef’s reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis.
- Post or otherwise submit to us any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
- Post or otherwise submit to us any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
- Post or otherwise submit to us any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
- Post or otherwise submit to us any User Content for which you have not obtained all necessary written permissions and releases;
- Misrepresent any fact (including without limitation your identity);
- Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Website, please contact us at firstname.lastname@example.org. Where appropriate, we will work to prevent unlawful activity from taking place on or through the Website.
You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that we have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
- DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
- MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
- IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
- THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
- ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver
ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE WEBSITE, INCLUDING ANY SALES OR SUBSCRIPTIONS MADE THROUGH THIS WEBSITE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Both you and Vitality Farms Company agree, with the limited exceptions noted below, to resolve all disputes between you and Vitality Farms Company through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Any dispute submitted to arbitration under these Terms and Conditions will be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Jurisdiction and venue for any dispute will be in Lakeland, Florida. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision of these Terms and Conditions unenforceable, then jurisdiction and venue will instead be in your home county of residence.
The arbitration will take place in Lakeland, Florida, in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Those rules are available at: http://www.adr.org.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award will be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Both you and Vitality Farms Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Consumer Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure will be null and void.
Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following. Within 15 days of creating your Vitality Farms Company account, you must send a letter to Vitality Farms Company, Attn: Legal Department, 331 S Florida Ave (Basement), Lakeland, Fl 33801 that specifies (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms and Conditions shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable only if you can prove that the request was postmarked within the applicable 15-day deadline.
Termination of Service
You agree that Vitality Farms Company may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms and Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Home Chef believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in Home Chef’s sole discretion and that Home Chef shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.
These Terms and Conditions constitute the entire agreement between you and Vitality Farms Company, and govern your use of the Website and purchases and subscriptions made thereon.
These Terms and Conditions supersede any prior agreements between you and us with respect to the Website and purchases made thereon.
We each acknowledge that, in entering into these Terms and Conditions, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
These Terms and Conditions and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, will be deemed the drafter of these Terms and Conditions for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms and Conditions, there will be no third-party beneficiaries to these Terms and Conditions. For the purpose of clarity, Vitality Farms Company representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of Florida, without regard to the principles of conflicts of laws, will govern these Terms and Conditions, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us. You also agree that the Website will be deemed solely based in Florida.
“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
All notices given by you to us must be given to Vitality Farms Company at email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Terms and Conditions for Purchases/Subscriptions
YOU ACKNOWLEDGE AND AGREE THAT, WHEN YOU SIGN UP FOR A SUBSCRIPTION PLAN, YOU WILL BE CHARGED INITIALLY AND THEREAFTER ON A PERIODIC RECURRING BASIS (E.G., MONTHLY) AT THE THEN-CURRENT NON-PROMOTIONAL SUBSCRIPTION RATE FOR THE PRODUCTS TO BE OR ALREADY RECEIVED BY YOU. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
You may modify your subscription (e.g., the number of containers per week or variety of microgreens), pause your subscription, skip a bi-week delivery, change your payment method or cancel your account at any time online (while logged into your account) or by sending a request by email to firstname.lastname@example.org Such requests will not affect charges submitted before Vitality Farms Company could reasonably act on such requests. If you pause your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Your order is considered final by 12:00 p.m. Central Standard Time on the Friday before the following week’s delivery (the “Deadline”), and therefore you must pause, skip or cancel prior to the Deadline in order to not be charged for such order. You can resume or re-subscribe at any time after you pause your subscription or cancel your account, respectively, but we reserve the right not to permit re-subscription where we have previously elected to terminate your subscription.
We reserve the right in our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
After placing your first order through our standard order form on this Website, you will see in your online account profile how much you were charged for such order. You will be charged for subsequent orders at the Deadline for each such order, at which time each such order will be considered final. If you elect to skip a week or weeks, that does not permanently pause or cancel your subscription. If you do not return to the Website to skip additional weeks or take additional action, you will receive and be billed for the first week you have not skipped at 12:00 p.m. Central Standard Time on Friday before the following week’s delivery. Your order will cover only the Products whose dispatch we have confirmed in your account. We will not be obligated to supply any other Products that may have been part of your order unless the dispatch of such Products has been confirmed in a separate confirmation.
Vouchers and Gift Cards
We may offer gift cards, discount promotions, referral credits and other types of vouchers (“Voucher”) which must be activated by online application in order for the holder to commence delivery of Products through a service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these Terms and Conditions will become applicable as between us and the holder of the Voucher (“Holder”) when the Holder redeems the Voucher by applying for a service to commence.
A Voucher may be used only once by its Holder and may not be copied, reproduced, distributed, transferred, sold, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
There is no cash value to any discount or referral credit received through a promotional offer. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may be redeemed only through our Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
Vouchers are subject to the terms and conditions thereon. Unless otherwise explicitly stated, all promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one per household address.
Risk and Title
Once the Products are delivered to you, ownership and the risk of loss passes to you. Following delivery, you, and not Vitality Farms Company, are solely responsible for the proper and safe washing, preparation, storage and cooking of the Products. By ordering any of our Products, you agree to use our Products at your own risk.
Price and Payment
The prices for our Products and delivery, if any, will be as quoted on this Website from time to time, except in cases of obvious error, and include applicable taxes. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Website.
Payments must be made by credit or debit card. We accept American Express, Discover, Visa and MasterCard. We reserve the right to change the available payment methods at any time. When you sign up for a new subscription, we will immediately charge your credit or debit card. Thereafter, we will not charge your credit or debit card for a bi-weekly delivery until after the cancellation deadline for that particular delivery.
Although we make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Website is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, we have the right, in our sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
Our Refund Policy
After you accept delivery of a Product from us, if you are not 100% satisfied with the Product (because it is defective or otherwise), you may request a Vitality Farms Company credit redeemable through your account for the future purchase of a Product of equal value thereto (a “Credit”) or a refund therefor within seven days of delivery by sending an email to email@example.com If part of a Product is defective, we reserve the right to decide in our discretion whether we will provide you with (A) a Credit or a refund in an amount equal to the value of the defective portion(s) or (B) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than $100 and we reserve the right to reject requests deemed to be fraudulent.
If you refuse delivery of a Product from us because you skipped, paused or canceled the order prior to the Deadline for that order, and you are able to provide documentary evidence of such skip, pause or cancelation (for instance, a time-stamped email), we will process a Credit or a full refund (including any applicable delivery charges) as soon as practicable and, in any case, within 30 days of your cancelation request.
If you refuse delivery of a Product from us for any other reason, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount) by phone or e-mail. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.
We usually provide refunds using the same method that you used to pay for your purchase.
Limited Product Warranty; Product Disclaimers And Liability Limitation
We warrant to you that any Product purchased from us through this Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that we have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights. Nothing herein excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. The warranty disclaimers and liability limitations of this section do not apply to New Jersey subscribers.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.
Availability and Delivery
Your order will be fulfilled by the delivery date provided in the confirmation or, if no delivery date is stated, then within 30 days of the date of the confirmation, absent the occurrence of a Force Majeure Event. If there is a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
Food Safety Considerations
You are responsible for the safe handling of all Products made available through Vitality Farms Company websites upon delivery. We recommend immediately inspecting all Products you receive from us for any damage or other issues, and to determine freshness upon delivery.
To maintain the quality and safety of the Products, we recommend that you immediately, upon delivery, refrigerate all perishable Products upon delivery and follow all U.S. Department of Agriculture’s (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling. We also recommend that you wash all fresh produce under running water prior to using. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.