Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the www.harvest-pack.com website (the “Service”,"Website") operated by Harvest Pack Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
If you wish to purchase any product or service made available through the Service (“Purchase”, "Order"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Charges are billed to your credit card after an order is submitted online. You will be charged for the total order at the time of checkout, even if your items will be shipped at several different times.
By placing an order through the Service, you represent and warrant that: (i) you are at least 18 years old and are legally capable of entering into binding contracts; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; that (iii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Harvest Pack Inc. will make reasonable efforts to process all orders and will always replace faulty product free of charge; and we reserve the right to refuse or cancel any order at any time for certain reasons including but not limited to: inventory or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel any order if fraud or an unauthorized or illegal transaction is suspected. We will not be liable to you or any other third party by reason of our withdrawing any product from the Service, whether it has been sold or not, removing or editing any materials or contents on the Website, or for refusing to process or accept an order after we have send you an email with the product order confirmation.
AVAILABILITY,ERRORS, AND INACCURACIES
All Orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, you will be notified by email or phone within 48 hours of the order. We reserve the right to offer substitute products of an equal or higher quality and value. Alternatively, we can provide you with an estimated wait time for the next available stock. We will do everything reasonably possible to fulfill every order and to maintain sufficient inventory. If you do not wish to order such substitute products or wait for the product to be in stock, we will refund the amount that you might have paid.
You may contact customer support before placing an Order to check item availability. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be miss-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Orders are processed and shipped Monday through Friday. Products which are readily available in our warehouses can ship the same day/business day if the order is completed prior to the deadlines listed below:
- 11:00 AM PST
Our business is closed on Saturday and Sunday, as well as major holidays. Occasionally, an item may have to ship directly from our supplier. If this is the case, we will contact you and give you a shipping time frame.
We offer 3-5 business day shipping with UPS (Ground) and USPS (Priority) as our standard shipping option for all orders within the continental US. You may choose alternative delivery options at the time of check-out on our website. However, due to COVID-19, orders may experience carrier delays. Estimated arrival dates are not guaranteed. Standard business day shipping is FREE on orders $99 and over. For Orders less than $99, there is a Standard Day shipping fee based on the carrier available. Depending on the carrier, your order may arrive on a weekend.
ORDER MODIFICATIONS/ CANCEL
Once your order is placed, we cannot guarantee that it can be modified or cancelled. A order may only be modify or cancelled if the order is still being processed (and has not gone to the warehouse). The order amount will then be refunded to your original form of payment. Otherwise, you must return the product(s) in accordance with our Returns policy and may subject to a restocking fee. The following products in an order may not be cancelled or returned:
- Customized products and wholesale products with deposits can not be cancelled or returned.
To submit a return, contact us by telephone 1 (888) 727-7225 or email us at email@example.com. Returns are accepted within 30 days after delivery. Product must be in new condition and may be subjected up to a 30% restocking fee not including the cost of returning the product to us. Returned products are reviewed within 1-2 business days after arrival. We monitor return activity for abuse and reserves the right to limit returns or exchanges of Products. After reviewing the return product, we will let you know whether or not you have a right to a refund based on our Returns policy. We will process your refund as soon as possible and in any case; within 30 days of the date the returned products have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit or check as dictated by the circumstances as concluded by the company. Merchandise credits do not expire.
Products purchased and returned to us outside of the 30 days return window, not in new condition, will not be accepted nor refunded. The cost of any expedited shipping to you for the original order (if applicable) is not subject to refund. Harvest Pack Inc reserve the right to refuse returns of any Service that does not meet the Return Policy in our sole discretion.
In circumstances where you consider that the product does not conform to your order, you should contact us withing 3 business day of receipt. We may request of pictures to help with this process. If any defect exists, defective products will be refunded in full, including a refund of the delivery charges (if any) and any reasonable costs incurred by you in returning the product. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit or check as dictated by the circumstances as concluded by the company. Merchandise credits do not expire.
Upon receiving your order, please inspect the product(s) for any damaged, lost, or missing items. If any part of your order is missing or damaged, please keep the items and packaging and contact us within 3 business days of receipt so we can find a solution for you. We may request pictures of the damage to show our supplier or shipping carrier.
There are rare occasions where our carriers may lose a shipment. In these situations, it’s our highest priority to find your items and we will work with the carrier to do so. Traces with ground carriers take approximately 1-3 business days to complete. If your shipment is found, we will continue the delivery to your location. If it is deemed lost, we will work with you to provide a satisfactory resolution.
If any item or packaging is damaged or missing, or if you have any doubt about possible damage, you MUST do the following:
- Note it clearly on the delivery receipt before signing
- Keep your copy of the delivery receipt
- Contact us within 3 business day
- Keep the damaged packing materials for inspection
- Take pictures of the damaged items and packaging
Though our warehouses give great attention to packaging every order for shipment, damage can occur in transit. In the case of damage we must go to the carrier company to receive reimbursement for these damages. By signing the delivery receipt you are taking responsibility and ownership for the shipment in the condition noted. If part or all of your shipment is damaged and you did not note this in any way on the delivery receipt, we CANNOT guarantee any compensation for damages. Signing the delivery receipt without noting any damage means that you have received your shipment in acceptable condition.
SALES AND COUPONS
Harvest Pack Inc will occasionally provide sales and coupon codes to receive further discounts off the original price of the item. Individual Coupon codes and Coupon codes for items on our site will have an expiration date associated with them. Coupons and discounts will only be honored on orders that are placed while the coupon/discount is valid and when correctly entered at checkout. Discounts do not apply to already discounted products and cannot be used in conjunction with other offers. Our website is regularly updated to ensure accurate, real-time pricing. Prices and coupon codes that are not valid will not be honored at checkout. Please note that excessive abuse or misuse of promotions and codes may result in order or item cancellation.
Harvest Pack Inc. collects and remits sales tax for the state of CA. If you're purchasing our products for use in CA, they may be exempt from sales tax. A copy of your resale certificate will be required before checkout. We can modify your Harvest Pack Inc. account so that you won't be charged sales tax at checkout. Please contact us prior to your order to ensure your purchases at Harvest Pack Inc. are exempt from sales tax.
RESOLUTION OF DISPUTES
By using this website, you agree that any dispute or claim relating in any way to the Harvest Pack Inc, or to any products or services sold through our website, will be resolved through binding arbitration instead of in court. An exception is that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in Harvest Packs’ conditions of use just like a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
To begin an arbitration proceeding, you must file a Demand for Arbitration with the AAA, according to the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any of our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws in the state of CA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and our website.
VOID WHERE PROHIBITED
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Harvest Pack Inc. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
These Terms shall be governed and construed in accordance with the laws in the sate of CA, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In the event of litigation both parties agree that the Law of the State of business registration of Harvest Pack Inc. shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
OUR RIGHT TO MODIFY THESE TERMS
We reserve the right, at our sole discretion, to modify or amend these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The Terms and Conditions constitute the entire agreement between you and Harvest Pack Inc. with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Harvest Pack Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Harvest Pack Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
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