Terms and Conditions of Sale
1.0 Agreement
The "offer" for sale to the public by Organo of any product or service, whether on this on-line platform or elsewhere, is subject to, or specifically conditioned upon the following "Terms and Conditions of Sale" (or alternatively simply the "Terms").
By completing a purchase of such goods or services from Organo, the individual completing such purchase is hereby understood to be accepting (agreeing to) these Terms in their entirety. As such, these Terms form the basis of any "Agreement" between the individual "Purchaser" and "Organo".
2.0 Parties
For clarity, "Organo" (or "ORGANO USA") should be understood as: STIC Holdings SPV, LLC.
For all intents and purposes, any sale of goods effected through the Organo on-line platform or elsewhere directly from Organo, shall be understood to have been consummated as between Organo (the "Vendor") and the specific individual whose credit is used to complete the transaction (the "Purchaser"). To be clear, if a credit card, debit-card, pay-pal account or other form of credit facility is used to pay for the goods or services purchased, the Purchaser will be deemed to be the individual in whose name the credit card or other credit facility account appears, regardless of the actual recipient of the product(s) in question.
Any rights or obligations conferred on the Purchaser herein are thus attributed specifically to the individual deemed to be the Purchaser according to these Terms.
Purchasers warrant and represent that they are at least 18 years old and otherwise of full capacity to freely enter into the Agreement contemplated by these Terms, and to comprehend the significance of making the purchase in question.
If the goods or services purchased on-line are subsequently transferred by the Purchaser (or his delegate) to another individual, that third party is NOT the Purchaser as defined in these Terms, and thus does NOT share in the rights and/or obligations of the aforementioned Purchaser. These Terms do NOT apply to that subsequent transfer or sale. More importantly, any warranties, return policies, or statutory remedies applicable to the original sale of goods and available to the original Purchaser may no longer be of any force or effect thereafter.
3.0 Warranties and Representations by Organo
Organo warrants and represents that any goods or services sold via the Organo on-line platform or otherwise by Organo directly, will ONLY be fit for the express purpose for which they are sold; and, warrants that the fitness of such products or services will extend ONLY for the use or enjoyment of same by the Purchaser, provided that such use and/or enjoyment conforms to the suggested use or enjoyment of the specific product or service specifically marketed or advertised by Organo on-line at the time of sale.
Organo hereby expressly disclaims to the full extent permitted at law, fitness for any other attributed purpose, or, for any other potential user, regardless of the source of such representation.
To be clear, Organo only assumes responsibility for the specific representations made by Organo in writing on the Organo on-line platform. Any other representations, including testimonials, external links, representations of Organo's Authorized independent Distribution Partners, third-party vendors, or others claiming to act on the authority of Organo (whether such authority is legitimate or not) are hereby expressly DISCLAIMED.
Organo is NOT responsible for claims or other representations made by others. When in doubt, prospective Purchasers should correspond directly with Organo to ensure such warranties and representations heard or received from third parties are in fact valid.
Absent written confirmation by Organo to the contrary, Purchasers are wholly responsible for any use or enjoyment of the products purchased outside the scope of recommended use.
4.0 Buyer's Right to Cancel Purchase (for Retail Customers)
The Purchaser may cancel this transaction, without any penalty or obligation, within THREE (3) business days from the transaction date on the order (the "Purchase Date"). Subject to the return of any products purchased, any payments made by the Purchaser will be refunded within TEN (10) business days following receipt of the cancellation Notice.
Cancellation "Notice" can be delivered to Organo by email at [email protected], citing both the Purchaser's full name and contact information along with the specific Purchase Order number. Alternatively, the Purchaser can contact Organo Customer Service by telephone in accordance with the Product Return Procedure outlined below, advising the responsible agent of their intention to "Cancel" the specific Purchase Order in question. Purchasers will need to be able to confirm their identity, manner of purchase (including where applicable the credit card or other financial facility account number), and Purchase Order number, in order to effect the said cancellation Notice.
If any products have been received by the Purchaser prior to cancellation, or if any products have been shipped by Organo but not yet received by the Purchaser as at the time of cancellation, the Purchaser must return the said products to Organo. Products must be returned in substantially as good condition as the products were delivered. Organo reserves the right to withhold any refund of the purchase price until such goods are received in return, and, where applicable, to set-off against the purchase price (refund amount) any pro-rata amount attributable to products already used, or, (alternatively) not received in a re-saleable condition.
Further, unless Organo has specifically represented that shipping charges are waived, Organo reserves the right to off-set the costs of shipping (both original and return shipping) as against any available refund.
To be clear, should the Purchaser fail to return the products in question, or should the products not be returned in substantially the same condition as they were delivered to the Purchaser, Organo reserves the right to hold the Purchaser liable for any or all liability under these Terms of sale.
5.0 Product Returns Pursuant to Warranties of Sale
In addition to the Purchaser's Right to Cancel outlined above, Purchasers may be entitled to a product "Refund" or "Exchange" pursuant to the Warranties described above, provided that:
a.) The products are returned within 30 days from the Purchase Date (or as soon as possible thereafter, provided Organo has been Notified within the required 30-day period of the Purchaser's intention to return the product); and
b.) The products are returned to Organo in substantially as good condition as the products were delivered to the Purchaser — preferably in an unused, un-opened, and/or otherwise re-sellable condition.
Purchasers should note that any Refund or Exchange is wholly at the discretion of Organo. Organo will generally endeavour to process any such "Request" as expeditiously as possible, and to credit the Purchaser for any unused portion of returned products; however, Organo reserves the right to deny any such Request made in bad faith or for otherwise illegitimate purposes, and/or to withhold from any such Request any portion of the purchase price it deems attributable to the used or unmarketable products returned.
In addition, Organo reserves the right to:
a.) Withhold from any Refunded amount, any costs of shipping associated to the Refund or Exchange; and
b.) Require that any Refunded amount be credited to the Purchaser in the same manner, and on the same account as the Purchase was made (that is to say as a refund to the credit card, debit card, or other monetary facility, used to make the Purchase).
Finally, in order to process a Request for a Refund or Exchange, the Purchaser must:
a.) Contact Customer Service either by phone at 1 (877) 674-2661, or email at [email protected] and specifically request an "RMA" so as to be able to return any product.
b.) Pack and seal your return merchandise with the original invoice in the original package.
c.) Mail the package to: Lawrence 467, 2400 Kresge Road, Lawrence, KS, 66049, USA.
When returning products for a Refund or Exchange, please allow 2–3 weeks from the return shipped date for your account to be credited, and 1–2 billing cycles for the credit to appear on your statement.
No Requests for Refund or Exchange will be processed unless or until the purchased products have been returned and inspected by Organo.
6.0 Additional Conditions Applicable to Organo's Authorized Independent Distribution Partners Only
Organo's Authorized independent Distribution Partners should be aware that any and all purchases made via the secure portion of the Organo on-line platform (i.e. their respective "Back Office") or otherwise by Organo directly, are still subject to these Terms as well as any other applicable provisions in their respective IDPA (independent Distribution Partner Agreement), including the Buy Back Policy.
In any conflict between the two agreements relative to the sale of Organo products, these Terms will be deemed to apply. For all other matters, the terms of the respective IDPA shall be understood to govern.
That said, Authorized independent Distribution Partners should be aware that Organo reserves the right to claw-back any remuneration or other benefits received by the Authorized independent Distribution Partner, upon any Purchase Order Cancellation Notice, product Return, or Request for Refund.
More importantly, Authorized independent Distribution Partners are reminded that any and all purchases made by them from Organo are presumed to be for re-sale purposes. To that end, Authorized independent Distribution Partners are encouraged to review the above provisions related to both:
a.) Representations made by them to third-parties [Section 3.0 above]; and
b.) Impact of any subsequent sale of goods (between themselves as vendor and a third party purchaser) relative to this Agreement [Section 2.0 above].
7.0 Governance
For all intents and purposes, any sale of goods or services by Organo and the Purchaser, whether it is consummated via the Organo on-line platform or otherwise, shall be deemed to have occurred within the State of Delaware, U.S.A., as if the parties were both physically present within the State when the transaction was completed.
The substantive law applicable to any consummated purchase of Organo products is that applicable in the State of Delaware, U.S.A. The Purchaser agrees to be bound by such law irrespective of the location of their residence or domicile, and irrespective of their citizenship or nationality. Organo reserves the right to oblige the Purchaser to pursue any disputes arising as a consequence of the transaction within the venues of first instance located within the State of Delaware, U.S.A. The Purchaser hereby acknowledges this pre-emptive right of Organo to select the forum of any dispute, and agrees to submit to the exclusive jurisdiction of the forum selected by Organo, to resolve any matters arising as a consequence of the purchase.
Any required or contemplated "Notice" or other communications to or with Organo herein can be forwarded care of:
ORGANO USA, Customer Service Email: [email protected] Toll Free: 1 (877) 674-2661 Mail: ORGANO USA, Customer Service, 2390 Peace Portal Dr #270, Blaine, WA 98230, USA
8.0 Delivery Estimation
Shipping time in transit:
a.) Mainland: 3 to 7 business days (includes orders with PO boxes and rural areas)
b.) Territories: Puerto Rico: 7 to 12 business days; Virgin Islands: 10 to 12 business days; Alaska: 10 to 13 business days; Hawaii: 9 to 12 business days
c.) Military addresses: Organo cannot determine transit shipping time due to location complexity.
9.0 Currency of Terms
These Terms may be modified from time to time by Organo. Any changes to the Terms take effect upon publication by Organo. A current version of these Terms is always available on the Organo on-line platform. That said, a Purchaser should understand that the specific Terms and Conditions of Sale governing their specific purchase are those that were in effect as at the date the purchase is made. A copy of the Terms applicable to a given purchase can be downloaded or printed prior to, or upon, completion of any purchase.
These Terms are current to: September 4th, 2024, the date of the last modification.
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