ENJOYING EDEN, LLC
TERMS AND CONDITIONS OF SALE
Last Modified: August 2022
These terms contain VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ them CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND agree to be BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS from us if you (A) DO NOT AGREE TO THESE TERMS, (B) ARE not at least 18 YEARS OF AGE, OR (C) ARE PROHIBITED by any applicable law FROM ACCESSING or USING THE WEBSITE, OR using, obtaining or purchasing ANY OF the PRODUCTS for resale.
These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” referenced on these Terms. You should review these Terms prior to purchasing any product. Any purchases made on or after such Last Updated date will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us in writing. We may choose not to accept orders and cancel any orders, at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. No additional or different terms or conditions, including any such contained in any email, purchase order, purchase acknowledgment, invoice or other form or correspondence will be of any force or effect, and we hereby object to such additional or different terms or conditions unless otherwise agreed to by us in writing.
Prices and Payment Terms. Prices posted on this Website may be different than prices offered by us at any other locations. All prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email or receipt. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart, in your purchase order, order confirmation email or invoice. However, we will not asses taxes when provided with a valid and current exemption certificate. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there isa conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Payment is due at the time your order is placed. We accept credit card payments. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
Shipments; Delivery; Inspection; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all freight and other shipping and handling charges specified during the ordering process, unless otherwise agreed in writing. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments for any reason whatsoever or any damages to the products after we tender them to the carrier. You must inspect the product immediately upon delivery. All claims of damaged products must be made within 48 hours upon delivery by providing us written notice to firstname.lastname@example.org.
Returns and Refunds. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the shipping and handling costs, provided such return is made within ten (10) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email us at email@example.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product back to us. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise agreed to by us in writing. You bear the risk of loss during shipment. Refunds are processed within approximately seven (7) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any quality of the products offered by us. The availability of products offered by us does not indicate any affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered. However, the products offered may be covered by the manufacturer’s warranty as detailed in the product’s description on the Website or product packaging and included with the product or on the manufacturer’s website, as applicable. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS are OFFERED for sale “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU Agree THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, AND/OR otherwise IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR MAXIMUM LIABILITY to you, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU Purchased. This limitation of liability set forth above shall only apply to the extent permitted by law.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemics, including COVID-19, epidemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law; Jurisdiction; Venue. The Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal court of the United States sitting in Trion, Georgia, or the courts of the State of Georgia, in each case located in the City of Trion and County of Chattooga, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.