THE WHOLENESS TERMS AND CONDITIONS OF SALE
- EXCLUSION OF OTHER TERMS. The terms and conditions stated herein may not be varied by Buyer, and no additional or different terms or conditions, whether stated in Buyer’s purchase order form or elsewhere, shall be applicable to the transaction unless specifically agreed to in a separately signed, written instrument by an officer of the Company. Buyer’s acceptance of delivery of all or part of the goods covered hereby or Buyers payment therefore shall constitute such assent.
- PRICES. Unless otherwise stated on the website, price of Crystal seed, and if any, plus shipping and handling which includes insurance.
- PAYMENT. Payment is to be made by credit card or check. Terms of payment are within Company’s sole discretion, unless otherwise agreed to by Company in writing. Payment must be received by Company prior to acceptance of Buyer’s order.
- SHIPMENT. Any shipping date shown represents the Company’s best estimate as of this date, but the Company shall not incur any liability of any kind whatsoever for failure to ship on any particular date, unless firm shipping date has been expressly agreed to by an officer of the Company in a separately signed written instrument. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims against the Company for patent defects, errors, or shortages must be made in writing to the Company within fifteen (15) days of receipt of the goods, or such claims shall be deemed to have been waived.
- WARRANTY MATTERS. Products manufactured by the Company are warranted to be free from defects in workmanship under normal use and service for a period of three (3) months from the date of shipment. The Company will repair or replace, at its option, Products which prove to be defective as a result of defective workmanship within the warranty period from the Point of Departure. The Company’s warranty shall be voided by any repair, alteration or modification by persons other than those contracted by the Company, or those expressly authorized by the company to make repairs, and by any abuse, misuse, or neglect of the Products, or by use not in accordance with the Company’s published instructions. All warranty claims against the Company must be made in writing to the Company within the warranty period, or such claims shall be deemed to have been waived. The remedies for any failure of the Company’s Products to meet its warranty specified herein shall be these remedies stated herein and no others, there remedies being exclusive remedies as a condition of sales. EXCEPT AS PROVIDED IN THIS PARAGRAPH, THE COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- DISCLAIMER. Products sold by Company are supportive in nature and they are intended exclusively to educate, inform, instruct, provide reflection and inspire you and your personal journey toward more harmony, optimal health, more peace and joy in your life. No specific outcome or results are suggested, specified nor guaranteed. Products are not intended to diagnose, or provide medical advice of any nature or form, including treatment to replace an existing condition. They are not to be used as a substitute in any shape or form for professional medical, financial or legal advice. The Company accepts no liability from the misuse of the Products.
- DAMAGE LIMITATION. Under no circumstances shall the Company be liable for any lost profits or other incidental or consequential damages of any kind for any reason whatsoever with respect to its Products, or the transaction by which its Products are sold.
- GOVERNING LAW. The transaction with respect to the goods which are the subject of this online sale shall be governed by and interpreted and constructed in accordance with the laws of the State of New Mexico, and any action arising out of such transaction shall be brought exclusively in Santa Fe County, New Mexico, and Buyers agreement to such exclusive jurisdiction and venue is a condition of sale.
- ARBITRATION. Any controversy or claim arising out of or relating to this online sale, or the breach thereof, shall be settled by arbitration in the accordance with the rules, the obtaining of the American Arbitration Association and judgment upon the award rendered may be entered in the highest court of the Forum, Sate, or Federal, having jurisdiction.
- RETURN POLICY. Products are unique, irreplaceable and custom in nature. Regardless, if products do not meet Buyer’s expectations, they may be returned within fifteen (15) days of receipt if unused, in good shape and within its original shipping materials. There will be a 15% restocking fee and the product must be in “stockable” condition. Buyer is responsible for shipping and liability from damage in the course of returning Product. After fifteen (15) days of receipt, Products MAY NOT be returned for any credit or refund.
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