Organic & Natural Products

Conditions of Use

LEGAL INFORMATION FOR DOWNRIGHTNATURAL.COM

COPYRIGHT, SERVICE MARKS AND TRADEMARKS
Expressions "the company", "we", "us", "seller", "downrightnatural.com" refer to Downright Natural. The expressions "purchaser(s)", "customer(s)" refer to persons, firms, or companies contracting with the company for the purchase of its products. Prices are in US dollars ($) and are based upon prevailing costs. We reserve the right to change prices without notice. Prices are for number of seeds unless otherwise stated, any applicable sales tax will be applied at the prevailing rate where appropriate. Shipping and Handling charges will be applied. These may vary according to size of order and the location of the customer.
Individual charges will be applied to wholesale orders. All of the content on this site that includes text, graphics, sketches, logos, images, and data is the property of Downright Natural. The copyright, service marks, and trademarks are of Downright Natural; all rights are reserved and protected under U.S. Copyright law. All information contained on this site may not be reproduced, transmitted, displayed, distributed, published, or otherwise commercially exploited without the written consent of Downright Natural. All other trademarks, product names and company names and logos appearing on the site are the property of their respective owners.

ELECTRONIC COMMUNICATIONS
When you visit or send E-mails to www.downrightnatural.com, you are communicating with us and consenting to receive communications from us electronically. As this will be via E-mail, downrightnatural.com shall not be liable for any actions taken or not acted upon as a result of any E-mail messages that you send to www.downrightnatural.com, Downright Natural, its officers, managers, members, or staff.

TITLE RECEIVING AND ACCEPTANCE
Stock is perishable. All shipments should be immediately and carefully unpacked and inspected on arrival and then placed in proper storage. Any problems with the condition or quality or quantity of goods received should be brought to our attention immediately

TITLE AND RISK
Until paid for in full, all goods supplied by us shall remain our property; Risk passes to the buyer upon shipment of the goods. Any dispute which may arise to be settled by arbitration in accordance with the laws of the State of New Jersey, County of Burlington, United States of America. Buyers agree to binding arbitration prior to pursuing any legal action.
As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

PAYMENT
The US Dollar ($) is the only denomination of payment accepted. Faxed orders will require payment by Credit or debit Card which shall be debited on receipt of order to reserve the seed. Orders by mail, FAX, or email may be accompanied by credit or debit card details or a check made payable to Downright Natural. All customers should make checks payable to Downright Natural. We will accept International Money Orders drawn only in US Funds, only, and payable in such.

INTERNATIONAL ORDERS
Payment for any order originating, being shipped to, or consigning outside of the United States must be pre-paid, in full, with US Funds. Credit card orders are not taken for international orders; all international orders must be paid as stated above with International Money Orders drawn payable in United States Dollars.

SEVERABILITY
In the event that any part of these terms and conditions of sale is held to be illegal or unenforceable in any jurisdiction, the other parts shall nonetheless remain in full force and effect. These terms and conditions of sale may not be changed or amended except by written agreement signed by an officer of Downrightnatural.com By acceptance of the seed stock, the buyer acknowledges that the limitations and disclaimers herein described are the conditions of sale and that they constitute the entire agreement between buyer and seller.

CLAIMS
Claims for any cause must be made in writing within 5 business days after arrival of goods, which period of time is expressly agreed to be reasonable. If buyer does not give such notice, Buyer agrees to have irrevocably and unconditionally accepted the goods. Downrightnatural.com furthermore will not consider any claim after seed stock has been processed, stored, planted, or otherwise treated, modified or used in any way; additionally, this applies to all seed resold, consigned, or otherwise transferred to other parties. Claims for losses while goods are in transit must be filed directly with the carrier.

ACCEPTANCE OF TERMS
The giving or a sending of an order to us constitutes an acceptance of these terms by the purchaser. If the purchaser does not accept these terms, the goods must be returned forthwith. These Terms and Conditions are governed by the laws of The United States, State of New Jersey, and County of Camden.

NON-GUARANTEE
HEAT PACKS
Heat packs, socks, over/under-lays, and other heat or cold producing products must be used in the manner indicated on the product labeling, Downright Natural makes all attempts to provide sensible, accurate, and concise information for the end user; however, it is the responsibility of the end user to use the product in a safe and consistent manner. Downright Natural makes no warranty, assurance, guarantee implied or in writing as to the efficacy, benefits, health improvements, promise, or assurance that any benefit may be benefited from the use of these products.
All heat packs and associated products are sold “as is”, Downright Natural will repair or replace any item that is deemed defective in manufacturing or other workmanship. Downright Natural is not responsible for normal use, wear and tear, misuse, or other willful noncompliance in the use of our manufactured products.
As with all handmade products, items will vary in size, weight, color, print, scent, content by weight or other discrepancies and/or other variables are inherent in the fabrication of these products.
Downright Natural cannot guarantee the lifelong stability of: fabrics, fillers, scents, colors, seams, heat/cold retention properties, and other variables in these products.
SEEDS
As is customary in the seed trade, stock is sold “as is” without warranty, express or implied, as to quality, variety, description, productiveness, merchantability or results secured in planting or transplanting. All seed stock is sold "as is", and no warranty or grantee is provided. By purchasing seed from Downright Natural, you agree to these terms. All stock is offered for sale subject to crop yield and prior sale.
OTHER ITEMS
Other items sold by Downright Natural will have individual limitations and express warranties associated with them, please contact us for full details.

RESTRICTION OF SALE ON SEED STOCKS
Downrightnatural.com is a limited seed broker. Seed stock is offered for sale to gardeners, growers, hobbyist, knowledgeable professionals, and businesses. Buyer certifies that all goods are purchased for use or consumption in connection with intended and normal uses. Buyer also certifies that no genetic manipulation or genetic modification will be performed on stock sold by Downrightnatural.com And that if there any modifications, genetic, zonal, hybridizing, or otherwise, the name Downrightnatural.com will be removed from all references and indicators referring to lot, stock, origin, sales, and all other instances that may have relative cause. Additionally, buyer agreed to release Downrightnatural.com from any future claims, actions, or other proceedings arising from the manipulation, in any manner or means, of stock obtained from Downrightnatural.com.

PASS ON SALE, FUTURE SALE, MERCHANDISE LIABILITY
Downrightnatural.com does not sell seed for the propagation of pants for future sale. Buyers/growers that purchase seed for this purpose agree to indemnify and hold Downrightnatural.com, its owners, managers, employees and contractors non-liable for failure to grow, not to name, crop loss, infestation or other issues that may arise and are not listed in this section.

DISCLAIMERS AND LIMITATION OF LIABILITY
This site is provided by Downright Natural on an "As Is" and "As Available" basis. Downright Natural makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You agree that your use of this site is at your own risk. To the full extent permissible by applicable law, Downright Natural disclaims all warranties, express, or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. Downright Natural and its affiliates will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. We reserve the right to make changes to the site. Downright Natural and its affiliates are not liable for any harm caused by the transmission, through accessing the services or information on this site, of a computer virus, or other computer code or programming damages of any kind arising from the use of this site. This site is designed to provide information regarding the subjects covered and with the understanding that Downright Natural, the advisors, the consultants, and affiliates are not rendering legal, medical, therapeutic, or other professional advice, services, or information. The information should not be construed as a substitute for professional advice. Please seek out qualified professional individuals for the appropriate guidance and information. The data is provided as an overview of services and products that Downright Natural provides.
No liability is assumed with respect to the use of the information contained herein. While every precaution has been taken, Downright Natural and its affiliates assume no responsibility for errors and omissions and shall have neither responsibility nor liability to any person or entity with respect to any damage or loss caused or presumed to have been caused directly or indirectly in any way, as a result from the use of the information contained herein. It is the responsibility of the reader (Buyer/User) of the site to evaluate the information, opinions, and advice. The views expressed by businesses, individuals, agencies and other organizations are not necessarily those of Downright Natural. Efforts have been made to make the contents as current as possible, but Downright Natural cannot guarantee the total accuracy and complete correctness of the content. Neither Downright Natural nor its owners, managers, personnel, operators, hosting service, third parties, affiliates, management, advisors or employees will be liable for any kind of loss or damage that you incur in the event of a failure, interruption, or inability to access the site.
Downright Natural, its owners, managers, employees, contractors, associated individuals and companies will not be held liable for any direct, indirect, special incidental or consequential damages arising out of the use any items bought from this site.

LIMITATIONS OF LIABILITY
a. The company believes that the description and characteristics of the seeds appearing in its catalog (Electronic, print, transmitted, and orally related), are materially correct. However, all information whether contained in our catalog or website or given by our staff relating to characteristics, periods of maturity or fitness for any particular purpose or otherwise relating to the performance of the seeds is given for general guidance only. Purchasers are advised that any such information given to them does not constitute a representation by the company as to these matters and should not be relied upon by the purchaser. Purchasers should satisfy themselves that any seeds which they order are of a variety and performance satisfactory for their requirements and order such seeds at their own risk.
b. In the event that any seeds supplied do not comply with the terms of contract of sale or any seeds prove defective, whether as regards purity or germination or otherwise, the company will, [subject to the purchaser providing at his own expense proof that the seed grown and alleged not to have performed satisfactorily were in fact the seeds supplied by us and that they were sown on suitably prepared ground, treated carefully and correctly throughout and subject only to conditions as were likely to produce a favorable crop], at its option replace the seeds free of charge to the purchaser or will refund payments made to us by the purchaser in respect of the defective seeds and this will be the limit and complete extent of the company's obligation. No claims regarding germination can be accepted if made later than 60 days after delivery or 30 days from expected germination date [whichever is later].
c. Seeds, which we provide, are intended only for export to countries where their cultivation is permitted. It is the sole responsibility of the purchaser to ascertain and obey ail laws, which apply to the possession and cultivation of any items listed in our catalogs or website, this includes plant irritation and toxicity Please consult local, provisional and federal laws (including pertinent laws applied to your country) before placing an order. Downright Natural and Downright Natural, will assume no any responsibility if customs or similar agencies confiscate seeds. The risk of shipping falls on the customer.
d. For the avoidance of doubt, all liability whatsoever is excluded for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any seeds supplied by the company whether due to any failure in the performance of or any defect in any such seeds or otherwise save for the liability to replace or refund in b above. The price of all goods sold by us is based upon the foregoing limitations on our liability and would be much greater if a more extensive liability were required to be undertaken by us.

Questions
For more information about any of the policies described above or about our website in general, please email us at info@downrightnatural.com
Orcontactusbymail:

DownrightNatural
Attn: K. Foster
1208 Chapel Avenue West
Cherry Hill, NJ 08002
USA
(856) 431-GROW [4769] 

rev 04/17

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