TERMS OF SERVICE
REFERENCE TRANSACTIONS
When you make a purchase with Paypal on our website you will be using reference transactions. Reference transactions allow faster checkout when you want to purchase more products after your first purchase using Paypal.
OVERVIEW
This website is operated by EcoSpringFarm Store (2217 Chastain Dr NE, Atlanta, GA 30342, US). Throughout the site, the terms “we”,
“us” and “our” refer to
Store. Europe offers this website,
including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By
visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and
conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors
of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any
new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of
those changes.
The following materials are not permitted at
No text or images that infringe on any intellectual
property rights including, but not limited to copyrights,
trademarks and rights of privacy/publicity.
No text or images
of obscenity, pornography or nudity that is not artistic in
nature.
No text or images that encourage or glorify drug
use/abuse. No excessive violence.
No content that is libelous
or defamatory. No content that can reasonably be viewed as
harassing, threatening, or otherwise harmful.
No hate speech.
No content that can reasonably be viewed as discriminatory based
upon race, ethnicity, national origin, sexual orientation, gender,
gender identity or disability.
No content that violates or
encourages anyone else to violate any law.
Any products that
are deemed unacceptable by the rules above, or deemed offensive or
in bad taste at the sole judgment of , will be
canceled and removed from the Marketplace with or without notice
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are
at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not
use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms
will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at
any time.
You understand that your content (not including
credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided,
without express written permission by us.
The
headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The material on
this site is provided for general information only and should not
be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on
this site is at your own risk.
This site may contain certain
historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we
have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our
site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service. After purchasing a product, we may give you the option to
buy another product from our store at extra cost, you are welcome
to accept or decline this upsell on your own discretion.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to
our Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be
accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change
at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors
in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased
per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete
and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and
other information, including your email address and credit card
numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more
detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools
”as is” and “as available” without any
warranties, representations or conditions of any kind and without
any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any
use by you of optional tools offered through the site is entirely
at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of
Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links
on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will
not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your
comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware
that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend
to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted
by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site
or in the Service that contains typographical
errors, inaccuracies oromissions that may relate to
product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or
clarify information in the Service or on any related
website, including without limitation, pricing
information, except as required by law. No specified update or
refresh date applied in the Service or on any
related website, should be taken to indicate that all
information in the Service or on any related website has been
modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We
do not warrant that the results that may be obtained from the use
of the service will be accurate or reliable.
You agree that
from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all
products and services delivered to you through the
service are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for
your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Store,
our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any
other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states
or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using
our site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any
part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting
party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time at this page.
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms
of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.