SHIPPING AND RETURNS POLICY

SHIPPING

We offer free U.S. standard shipping on orders over $75 (before taxes).  All orders are shipped via USPS priority mail.  The flat rate shipping fee of $10 will be applied to all other orders.

Orders will be shipped within 2 days of being placed.  Orders placed after 12 noon on Friday will be processed the following Monday. Orders placed on Saturday or Sunday will be processed on the following Monday.  Overnight shipping orders must be received by 12:00pm EST for same day shipping and will be charged based on destination.

We do not currently ship outside of the United States

RETURNS

It is our goal at ORGANACHS to provide products that you will enjoy and continue to love.  We understand that there may be an occasion when you change your mind or something is not quite what you expected.

Online Sales:  We accept returns for non-sale product(s) that are unused, unopened, and in the state that they were delivered within 21 days of purchase date.  Please notify us of your return at info@organachsfarmtoskin.com or call us at 203-221-0435 EST. Upon examination of the returned product(s) we will issue a refund of 100% of the product cost, including taxes. We do not offer exchanges.  We do not offer refunds on shipping cost.  Refunds will be processed within 30 days of receipt. We regret that we are not able to offer free return shipping, unless it is for a product that you did not order or a product that is damaged or defective.  We thank you for your understanding! Please contact us Monday through Friday 11 a.m. – 5:30 p.m. if you have any questions.

How to Return a Product

Please notify us of your return via email at info@organachsfarmtoskin.com or call us, 203-221-0435 EST. Please ensure product(s) are securely packed and send the package back to us at 15 Post Road West, Westport, CT  06880. We will not issue a refund if package is received damaged due to poor packaging.

 

TERMS OF SERVICE

OVERVIEW

This website is operated by ORGANACHS Farm to Skin.  Throughout the site, the terms “we”, “us,” “our” and “ORGANACHS” refer to ORGANACHS Farm to Skin.  Visitors and users of the Service (as defined below), including you, will be referred to as “you” (or “your,” etc.) in these Terms.  ORGANACHS Farm to Skin offers this website (the “website” or the “site”), including the store, all information, tools and services available from this site (collectively, the “Service” or “Services,” as appropriate) 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 agree to be bound by these 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 Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If you violate or do not agree to these Terms of Service, your access to and use of the Services is unauthorized.

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.

Any new features or tools which are added to the current Service 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 or Service following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – AGE OF CONSENT / GENERAL TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction.

You may not use the Service or 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), transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of the 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.  See our Privacy Policy, which is incorporated by reference, for details about how we collect and use your information.

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.

Special provision for health and wellness products with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on our site, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. Our site does not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any product relating to health, medicine, wellness or fitness.

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.

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 on the site. 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. See generally Section 16.

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, true and accurate information for all purchases made through the Service. If you register for an account on our site, you agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  You agree to keep your account user name and password confidential, and to access our site from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Service. You will be responsible for all purchases made, and anything else that occurs, through your account.

Please notify us immediately of any suspected unauthorized activity on your account by sending an email to the address noted in our Contact Information below.

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

You acknowledge that your are responsible for all materials you submit to us via our site or other electronic communications (including through any part of our site administered by third parties like Facebook, Instagram, Twitter, G+, other social media platforms and the tools that allow you to interact with our site through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, concepts, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree, unless we indicate otherwise, that we may, at any time, without restriction, edit, modify, adapt, reproduce, copy, publish, distribute, display,  translate and otherwise use in any medium any Submissions. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. You grant us the right to use the name you submit in connection with such Submissions if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content of your Submissions, that such content is accurate, and that use of such content will not violate any law or these Terms of Service.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property rights or these Terms of Service.

You agree that your Submissions will not violate any right of any third party, including patent, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions 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 Submissions. 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 Service is governed by our Privacy Policy. Please view our Privacy Policy for more information.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions 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 set forth in the Terms of Service, you are prohibited from using the Service, or any part thereof: (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

THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, NOR THAT COMMUNICATIONS SENT FROM OUR SITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

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, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED FROM COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF OUR SERVICE AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF OUR SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM OUR SERVICE.

IN NO CASE SHALL ORGANACHS FARM TO SKIN, 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 ORGANACHS Farm to Skin and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from  and against any and all claims, demands, losses, liabilities, expenses, damages,  and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of our Service, any content you post or submit to us, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Service or the documents they incorporate by reference.

SECTION 15 – SEVERABILITY/ASSIGNMENT/NO WAIVER

You may not assign or otherwise transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, these Terms of Service will be binding on, inure to, and are enforceable against the parties and their respective successors and assigns. ORGANACHS Farm to Skin may assign these Terms of Service in our sole discretion. For example, we may unconditionally assign or otherwise transfer these Terms of Service to any successor in interest, such as an acquirer of ORGANACHS Farm to Skin (via merger, sale of stock, etc.) or a buyer of substantially all of our assets.

Our failure to enforce your strict performance of any provision of these Terms of Service will not constitute a waiver of our right to enforce such provision or any other provision of these Terms of Service.

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, except as explained in the relevant provision of the “Class Action Waiver” section, 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, and immediately cease using, 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/LAW/FORUM

These Terms of Service, including all documents incorporated herein, 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.

The laws of the State of Connecticut apply to these Terms of Service, their enforcement and interpretation, and to the relationship between you and us, including, but not limited to, all interactions and transactions between or involving you and us, the Services, and/or sales made thereon. Without any intended limitation, any and all disputes, claims and controversies arising out of or relating to the Services, including the sale of products, content, services, or technology, on or used through the Services, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Connecticut applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

You and ORGANACHS agree that any and all disputes shall be litigated exclusively in the U.S. District Court for the District of Connecticut to the extent it has subject matter jurisdiction or, as the sole alternative (in the event it does not have subject matter jurisdiction) in any court of the State of Connecticut sitting in Fairfield County.  You agree that such forum would not be inconvenient and agree not to challenge forum in any proceeding or litigation.

SECTION 18 – ADDITIONAL RESTRICTIONS ON ACCESS/USE

When accessing and using the Services, you agree:

• You shall not:

• Violate any law, rule, regulation, or these Terms of Service;
• Engage in conduct that is fraudulent or otherwise harmful to us, our partners, or any other user;
• Display to others, mirror, or frame the Services, or any component of the Services;
• Access the Services if we have prohibited you from such access;
• Circumvent any rules or terms set forth on the Services;
• Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of us or our providers;
• Probe, scan, or test the vulnerability of any Services or breach any security or authentication measures;
• Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Services;
• Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Services;
• Collect any personally identifiable information from users of the Services or use any such information found on the Services;
• Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
• Use the Services to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

• You shall not use the Services or our name, logo, brand or identity to:

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing our trademark, logo, URL, or product name without our express written consent;

• You shall not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Service.

You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates activities prohibited by these Terms of Service or applicable law.

If you are accessing the Services as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the Services as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

SECTION 19 – CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this section 19, the term “Dispute” shall mean and include any dispute, claim, or controversy arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), our website/Service, your (or anybody else’s) access to and/or use of our website/Service, and/or the provision of content, products, services, and/or technology on or through our website/Service. ORGANACHS Farm to Skin and you agree that any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. ORGANACHS Farm to Skin and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court of competent jurisdiction above determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that it can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies must be litigated in the U.S. District Court for the District of Connecticut, or, if there would be no subject matter jurisdiction, the courts of the State of Connecticut.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of ORGANACHS, or any employee, officer, director, or investor of ORGANACHS, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

SECTION 20 – 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.

SECTION 21 – COPYRIGHT AND TRADEMARK

All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by ORGANACHS Farm to Skin, other content providers (such as our partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. We, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. We neither warrant nor represent that your use of materials on the Services will not infringe rights of third parties.

You may access the Services only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

Any other use of the material on the Services, including, but not limited to, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Services, or use of the Services for purposes competitive with ORGANACHS Farm to Skin, or for other commercial or unauthorized purposes, is expressly prohibited. You further agree to abide by all additional restrictions that may appear on the Services.

ORGANACHS Farm to Skin™ is used by us as our trademark and the marks used on the Services constitute the trade dress of ORGANACHS Farm to Skin and may not be used for any product or service that is not related to ORGANACHS Farm to Skin, causes customer confusion, or disparages or discredits ORGANACHS Farm to Skin.  All other trademarks not owned by ORGANACHS Farm to Skin that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ORGANACHS Farm to Skin.

SECTION 22 – COMMUNICATIONS DECENCY ACT NOTICE

The Services are neither designed nor intended to collect personal information from children under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. We do not use such information, and will take reasonable measures to delete it if we discover that it is has been provided. The Services are not child-directed sites in whole or in part. The Service does not target children under the age of 13 as a primary or secondary audience. If you are under 13, do not give us any personal data. If you have reason to believe that a child under 13 has provided personal data to us, please contact us immediately.

Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. There are numerous providers of such protections. We cannot and do not endorse any particular provider. Your use of these tools on the Services, if any, is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the Services.

SECTION 23 – INCORPORATED POLICIES/DOCUMENTS

These Terms of Service incorporate the other policies and agreements posted on the Services, including our Privacy Policy and Shipping and Returns Policy

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@organachsfarmtoskin.com.

 

PRIVACY POLICY

Effective January 1, 2018

This Privacy Policy, which is incorporated into our Terms of Service, describes how we will use the information we collect or that you provide to us through the Services and via electronic communications.

SECTION 1 – WHAT WE COLLECT AND WHAT DO WE DO WITH YOUR INFORMATION?

Information You Provide to the Company

When you purchase something on or via the Services, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our Services, we also automatically receive certain information, including your computer’s internet protocol (IP) address, in order to provide us with information that helps us learn about your location, browser and operating system. With your permission, we may send you emails about our Services, new products and other updates.

Information We Collect by Automated Means

When you use the Services, we and other parties may collect certain information by automated means, using technologies such as cookies, web server logs, web beacons, JavaScript, and app tools, functions and components. This information may connect you to other personal information about you that we have collected or will collect from other sources or that you have provided or will provide to us, consistent with this Privacy Policy

How We Use Your Information

We may use the Information for various purposes, including to:

• Evaluate, handle, respond to, or process your requests and inquiries;
• Create an account for you, and administer that account;
• Communicate with you about your account;
• Improve the Services;
• Provide you with details of our products and services or those of our partners, affiliates, or advertisers;
• Display relevant advertising to you on the Services and elsewhere;
• Assess, improve and implement features related to our products and services;
• Perform market research, data analytics, and take other steps to enhance our sites and data, measure business effectiveness, and perform accounting, auditing, billing, reconciliation, and collection activities;
• Verify your identity and protect against fraud, unauthorized transactions, claims, and other unauthorized conduct or liability related to any of the above;
• Comply with applicable laws, regulations and standards and enforce the Company’s rights under our Terms of Service, contracts, policies, and applicable law; and
• Notify you about changes to the Services, this Privacy Policy, our Terms of Service and/or other policies.

We may use Google Analytics and/or other third-party analytic services, to help us analyze how the Services are being visited and used. These third-party services may use cookies and other automated technologies to collect information about you when you use the Services.  Visit Google for details of how Google Analytics works.

We may use third-party advertising services to collect information, which may track your online activities over time and across the internet. If we use a third party to collect this information, those third parties may use this information to show you advertisements for us or other companies that are tailored to your individual interests or characteristics and/or based on prior visits to our sites or Service. We and third-party vendors may use information (1) to facilitate advertising, and (2) to report on ad impressions/services, and user interactions (including any relation to visits to the Services). There are ways to opt-out of online interest-based advertising.  We make no representation as to the effectiveness of those options, and encourage you to research this issue independently.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting information and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@organachsfarmtoskin.com..  Keep in mind, however, that certain information is collected automatically as a result of your using the Services.  To prevent the collection of additional information, you must cease using the Services.

SECTION 3 – DISCLOSURE

Subject to applicable law, we may disclose your personal information:

• if we are required or requested to do so by law, regulation, court order or appropriate legal process;
• in response to governmental or regulatory requests;
• when, in our sole discretion, disclosure is appropriate to aid in the prevention of physical, financial, or other harm, injury, or loss;
• in connection with any investigation of unlawful activity;
• to aid in the detection or prevention of fraud;
• to avoid or mitigate our own liability arising out of or related to any alleged conduct, act, or omission by you; and/or
• to enforce any of our rights related to you, your account, or your transactions related to Services; and/or
• if you violate our Terms of Service.

We may transfer personal information we have about you to an acquirer or other successor in interest to ORGANACHS, including in the event we sell or transfer all or a portion of our business, stock/ownership, or assets (including, but not limited to, any merger, acquisition, reorganization, bankruptcy, dissolution, or liquidation), or to a prospective acquirer/successor in anticipation of such a transaction.

Note – as noted below, third parties may collect personal information about you and your online activities over time and across different websites when you use the Services. These may include, but are not limited to, social network plug-ins, etc., in which third parties may collect personal information directly from you related to your interaction with such content and/or tools. The collection, receipt, disclosure and/or use of any information by third parties is subject to privacy policies of those third parties.  We recommend that you review all such policies yourself. We are not responsible for the privacy practices of any such third parties, and those practices are not covered by this Privacy Policy.  Please see also Section 5, below.

SECTION 4 – SHOPKEEP

Our Service uses a direct payment gateway provided by ShopKeep to complete your purchase.  Credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Service and its service providers.

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us and/or to you. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located, or as agreed to by the parties. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our website or are redirected to a third-party website or application, you are no longer governed exclusively by this Privacy Policy or our Terms of Service.

Links:
When you click on links on the Service, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 – COOKIES

Cookies are files that websites download, deliver or send to your computer or other internet-connected device(s) to identify your browser and/or store information or settings on your device(s).  Your computer, browser, or device may allow you to disable cookies.  However, if cookies are disabled, certain aspects or features of the Service may be non-functional or may function differently.  You are responsible for the consequences of disabling cookies on your device(s).

The Services may use HTTP cookies, HTML5 cookies, Flash cookies, and other types of local storage (such as browser-based or plugin-based local storage).   Again, your browser or device may provide for notifications related to the receipt of certain types of cookies and may provide tools to restrict or disable certain cookies. You also may also have options with respect to Flash cookies; refer to Adobe’s website and instructions on this.

SECTION 8 – INFORMATION SECURITY

We take steps to protect your information, but no security measures will eliminate all risks. Accordingly, when you provide or allow us to collect information, you do so at your own risk.

Notwithstanding the above, we encourage you to help us protect your information.  Among other things, you should:

• Use a unique password for the Services;
• Keep your login information confidential – do not share or give your username or password to anyone, anywhere, anytime;
• Access the Services only from trusted devices that have up-to-date operating systems and up-to-date security software; and

Contact Us  to notify us of any suspected unauthorized activity.

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will provide notification that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If ORGANACHS is acquired or merged with another company, your information may be transferred to the new owners so that we or the successor may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@organachsfarmtoskin.com.