This site is operated by Organic Pharmer LLC, (hereafter “Organic Pharmer”) or other Organic Pharmer companies throughout the world. Throughout this site, the terms “Organic Pharmer”, “we”, “our” and “us” refer to Organic Pharmer and its related Organic Pharmer companies. These Terms of Use and Conditions of Purchase and any amendments or supplements to it, (the “Agreement”) form a legally binding agreement between you and Organic Pharmer. This Agreement governs your access to and use of the Website, any order you place through the Website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”). When you use this site, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of this site.
Organic Pharmer reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Disclaimer
This site offers general information such as health, nutrition and fitness information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
Use of Material on This Site
This site (including all its contents) is the property of Organic Pharmer and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display, or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast, or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available online.
Organic Pharmer is not responsible if information that Organic Pharmer makes available on this site is not accurate, complete or current. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.
Trademarks
This site features logos and other trademarks and service marks that are the property of, or are licensed to Organic Pharmer. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Account Protection
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
Indemnification
You agree to indemnify, hold harmless, and defend Organic Pharmer, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ORGANIC PHARMER, ITS SUBSIDIARIES, REPRESENTATIVES, SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
Your Liability
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Other Important Terms
Organic Pharmer may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Organic Pharmer. No delay by Organic Pharmer in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Organic Pharmer’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Organic Pharmer in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Purchasing Items from Organic Pharmer
Product Representations. Organic Pharmer reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Organic Pharmer takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Organic Pharmer does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. Organic Pharmer’s descriptions of, or references to, products not owned by Organic Pharmer do not imply endorsement of that product, or constitute a warranty by Organic Pharmer.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Organic Pharmer reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Organic Pharmer prior to Organic Pharmer’s acceptance of the order. Organic Pharmer may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Organic Pharmer maintains the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). Your order is expressly conditioned on acceptance of this Agreement. All items are subject to availability, and if not available, we may offer you alternative product(s) of equal quality and value.
Shipping and Risk of Loss. Organic Pharmer will add applicable shipping and handling fees to your order. Unless otherwise noted, Organic Pharmer will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Organic Pharmer may provide delivery or shipment timeframes or dates, you understand that those are Organic Pharmer’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Organic Pharmer may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Organic Pharmer is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Organic Pharmer is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Organic Pharmer shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Organic Pharmer, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Subscription Program Terms. If you are placing an order online or by telephone as part of our Subscription Program, your membership in the program will remain in effect until it is cancelled or the subscription time period ends. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CONTACT US or by calling 831-574-1920 in the United States.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under CONTACT US or by calling 831-574-1920 in the United States. If you are participating in our Subscription Program using a credit card and your credit card fails to process for a subsequent shipment, your membership in our Subscription Program may be terminated and your account may be sent for collection.
Return/Refund Policy. For orders placed on or before 9:00 AM CST, all sales are final at 11:00 AM CST on the day of order, for orders placed after 9:01 AM CST all sales are final at 11:59 PM CST on the day of the order, and expedited orders cannot be cancelled. At Organic Pharmer we strive to provide our customers with the highest level of quality products. Therefore, all products and programs cannot be returned or exchanged. This is because from a food safety and customer protection perspective, we cannot accept or reuse food items after they have left our chain of custody. Your satisfaction is our number one priority. Please tell us how we are doing and how we can improve.
You may cancel your order in accordance with the Return Policy or, if you are uncertain about your right to cancel your order, you may also call Customer Service at 831-574-1920.