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Terms of service

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION

REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,

LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN

INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY VISITING OUR SITE AND/OR BY PLACING AN ORDER FOR

PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 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 OR SERVICES

FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE

NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO

FORM A BINDING CONTRACT WITH ABUNDANT NATURAL HEALTH, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

These terms and conditions (these "Terms") apply to the purchase and sale of

products and services through AbundantNaturalHealth.com (the "Site"). The Site is provided

through Shopify Inc., which provides e-commerce platforms for online stores. These Terms are subject to change by Abundant Natural Health, Inc., a Delaware corporation (referred to as "us", "we", or "our" as the context may require) 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 Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally

to the use of our Site. You should also carefully review our { ANY OTHER POLICIES} before placing an order for products or services through this Site.

 

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy,

under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept 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.

 

  1. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Site are subject to

change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. 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 and in your order confirmation email. 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.

 

(b) We may offer from time to time promotions on the Site that may affect

pricing and that are governed by terms and conditions separate from these Terms. If there is a

conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

(c) Terms of payment are within our sole discretion and payment must be

received by us before our acceptance of an order. We accept credit cards and PayPal for all

purchases. 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 on the Site at the time of your order.

 

  1. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the

individual product page for specific delivery options. You will pay all shipping and handling

charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) 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.

  1. Returns and Refunds. Except for any products designated on the Site as final sale

or non-returnable, we will accept a return of the products for a refund of your purchase price,

less the original shipping and handling costs, provided such return is made within thirty (30)

days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at

admin@abundantproduce.com to obtain a Consumer Returns Form before shipping your

product. Once you receives the Consumer Returns Form, you must complete the Consumer

Returns Form and return it along with the product within seven (7) days of receive the Consumer Returns Form. No returns of any type will be accepted without an Consumer Returns Form.

You are responsible for all shipping and handling charges on returned items,

unless otherwise specified. You bear the risk of loss during shipment.

3

Refunds are processed within approximately five (5) 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 on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS

DESIGNATED ON THIS SITE AS NON-RETURNABLE.

  1. Warranty and Disclaimers.

EXCEPT FOR THE EXPRESS WARRANTY, IF ANY, CONTAINED IN THESE

TERMS, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR

IMPLIED (INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS

FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE AND AGAINST

INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY)

CONCERNING ANY PRODUCT. ALL OTHER GUARANTEES, WARRANTIES,

CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED,

WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR

OTHERWISE, ARE EXCLUDED.

  1. Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL,

INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES

WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING

NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES

WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE

FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR

RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,

EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS

AND SERVICES SOLD HEREUNDER.

The limitation of liability set forth above shall only apply to the extent permitted by law.

  1. Indemnification. You agree to indemnify, defend and hold us harmless and our

parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service

providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach

of these Terms of Service or the documents they incorporate by reference, or your violation of

any law or the rights of a third-party.

  1. Goods Not for Resale, Export, or Illegal Use. 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 location you indicated. You may not use our products for any illegal or

unauthorized purpose nor may you violate any laws in your jurisdiction.

  1. Confidential Information. All non-public, confidential or proprietary information

of us, including but not limited to, specifications, samples, patterns, designs, plans, drawings,

documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by

us to you, whether disclosed orally or disclosed or accessed in written, electronic or other form

or media, and whether or not marked, designated, or otherwise identified as "confidential" in

connection with these Terms is confidential, solely for the use of performing these Terms and

may not be disclosed or copied unless authorized in advance by us in writing. Upon our request,

you shall promptly return all documents and other materials received from us. We shall be

entitled to injunctive relief for any violation of this Section. This Section does not apply to

information that is: (a) in the public domain; (b) known to you at the time of disclosure; or (c)

rightfully obtained by you on a non-confidential basis from a third party.

  1. Consent to Receive Electronic Communication From Us. By registering on our

Site and providing your name, email, postal or residential address, and/or phone number through

the Site, you expressly consent to receive electronic and other communications from us,

including but limited to email communications. These communications will be about our

products, new products, promotions and other matters. You may opt out of receiving email

communication at any time by following unsubscribe instructions contained in each

communication, or by contacting us at admin@abundantproduce.com.

  1. 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, epidemic, 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.

  1. Governing Law and Jurisdiction. 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

Delaware, United States of America without giving effect to any choice or conflict of law

provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause

the application of the laws of any jurisdiction other than those of the State of Delaware.

  1. Dispute Resolution and Binding Arbitration.

(a) YOU AND ABUNDANT NATURAL HEALTH, INC. ARE

AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR

BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR

REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS

THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE

UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(b) ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES OR

CONFLICTS ARISING OUT OF OR RELATING TO THESE TERMS, OR THE

BREACH OR VIOLATION OF THESE TERMS, SHALL BE SUBMITTED TO

BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION

ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE THEN EXISTING

COMMERCIAL ARBITRATION RULES OF THE AAA (THE “AAA RULES”) IN

WILMINGTON, DELAWARE. ACCORDINGLY, ANY DISPUTE AMONG THE

PARTIES REGARDING WHETHER A CLAIM OR CONTROVERSY MUST BE

ARBITRATED SHALL BE SUBMITTED TO AND DECIDED BY THE ARBITRATOR

UNDER THE AAA RULES. THE DECISION OF THE ARBITRATORS SHALL BE

FINAL AND BINDING. A JUDGMENT ON THE AWARD RENDERED BY THE

ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION

THEREOF. IN THE EVENT OF ARBITRATION, EACH PARTY SHALL PAY ITS

OWN COSTS INCURRED IN THE ARBITRATION PROCEEDINGS, INCLUDING,

BUT NOT LIMITED TO, ITS OWN ATTORNEYS’ FEES.

(c) THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO

RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR

ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY

UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE

ARBITRATION PROVISION OR THESE TERMS ARE VOID, VOIDABLE, OR

OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT

WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN

EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING

ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY

COURT OF COMPETENT JURISDICTION.

(d) You agree to an arbitration on an individual basis. In any dispute,

NEITHER YOU NOR ABUNDANT NATURAL HEALTH, INC. WILL BE ENTITLED

TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN

COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS

A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY

GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's

claims, and may not otherwise preside over any form of a representative or class proceeding. The

arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and

any challenge to the class arbitration waiver may only be raised in a court of competent

jurisdiction.

(e) If any provision of this arbitration provision is found unenforceable, the

unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your

obligations under these Terms without our prior written consent. Any purported assignment or

delegation in violation of this Section 15 is null and void. No assignment or delegation relieves

you of any of your obligations under these Terms.

  1. No Waivers. The failure by us to enforce any right or provision of these Terms

will not constitute a waiver of future enforcement of that right or provision. The waiver of any

right or provision will be effective only if in writing and signed by a duly authorized

representative of Abundant Natural Health, Inc.

  1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer

any rights or remedies upon any person other than you.

  1. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i)

sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by

email will be effective when we send the email and notices we provide by posting will be

effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as

follows: by personal delivery, overnight courier, or registered or certified mail to Abundant

Natural Health, Inc. at Unit 23, 376-380 Eastern Valley Way, Chatswood, 2067, Australia. We

may update the facsimile number or address for notices to us by posting a notice on the Site.

Notices provided by personal delivery will be effective immediately. Notices provided by

facsimile transmission or overnight courier will be effective one business day after they are sent.

Notices provided by registered or certified mail will be effective three business days after they

are sent.

  1. Severability. If any provision of these Terms is invalid, illegal, void or

unenforceable, then that provision will be deemed severed from these Terms and will not affect

the validity or enforceability of the remaining provisions of these Terms.

  1. Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.