Terms And Conditions
NATURE’S GREENLIFE, LLC
TERMS AND CONDITIONS OF SALE
NATURE'S GREENLIFE, LLC
TERMS AND CONDITIONS OF SALE
The following are the terms of the agreement between Natuture's Greenlife, LLC ("Seller and the ("Buyer")
of goods or services offered by Seller and its owners. PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
ALL users of this site agree that access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree with these terms and conditions
please do not use this site.
1. Acceptance and General Agreement. By placing an order with Seller, Buyer agrees to the specifications, terms, and conditions specified in this document and any referenced documents. No terms and conditions other than those herein stated shall apply (whether a part of Buyer’s purchase order or other communications from Buyer) unless expressly agreed to in writing by a duly authorized representative of Seller. Notice is hereby given that Seller does object to any different or additional terms and that such different or additional terms shall not be binding upon them.
2. Payment. All sums payable by Buyer shall be paid to Seller without deduction, set off, prior notice, or demand as set forth on the invoice provided by Seller. If it becomes necessary to institute proceedings for collection, Buyer agrees to pay all costs of collection, including collection agency fees, attorneys’ fees, and expenses of suit such as court costs, expert witness fees, deposition transcript costs, and other related expenses.
3. Taxes and Other Charges: Buyer is made solely liable for all taxes, and freight charges.
4. Delivery. Delivery shall be F.O.B. place of shipment. Accordingly, Buyer shall bear the risk of loss during shipment.
5. Product Availability and Specifications. All products are subject to change in pricing and availability, without prior notice. Buyer agrees to and understands that products not currently stocked may be manufactured after the order is received and that this "made to order" merchandise may take up to one month, or longer, to ship. Buyer further acknowledges that specifications for made to order products can vary up to two percent (2%).
6. Warranties and Liability. ALL GOODS AND SERVICES PURCHASED FROM OR THROUGH SELLER ARE PROVIDED "AS-IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SELLER, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEM(S) PURCHASED.
SELLER AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, DEALERS, REPRESENTATIVES AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SELLER AND BUYER. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
THE SELLER’S PRODUCTS AND CLAIMS ABOUT SPECIFIC PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM. YOU SHOULD CONSULT WITH A HEALTHCARE PROFESSIONAL IF YOU HAVE OR SUSPECT YOU MIGHT HAVE A HEALTH PROBLEM.
7. Delays. Seller shall not be liable for delay or failure to perform due to cause beyond Seller’s reasonable control such as, but not limited to, the unavailability of goods, impediments in transportation accidents, labor disputes or work stoppages, acts of God, sabotage, fired, or civil commotion.
8. Returns. All products sales, including mattresses, furniture, bedding, and all custom orders are final.
9. Default. Without limiting Seller’s remedies as provided by law, Seller may, by written notice to Buyer, forthwith terminate this Contract and/or accelerate any installment or otherwise postpone or defer payment for shipment already made under this Contract, therefore causing it to become immediately due and payable, if Buyer fails to perform any provision of this Contract (including without limitation, the failure to pay any amount when due hereunder). Any delay by Seller in enforcing any of its rights hereunder or at law shall not be deemed a waiver of such rights nor shall a waiver by Seller of any default of Buyer be deemed a waiver of any other subsequent default.
10. Dispute Resolution. Actions against Buyer for nonpayment of the purchase price of products sold by Seller, or for redress of other breaches by Buyer of these Terms and Conditions of Sale, may be brought by Seller, at its option, before any state or federal court of competent jurisdiction in Nashville, Tennessee. At Seller’s option, disputes between Buyer and Seller, including all claims for non-performance by Seller, may be finally settled by arbitration in Nashville, Tennessee. Any dispute between the parties arising under this Agreement which is submitted to arbitration shall be governed by the then-existing rules and regulations of the American Arbitration Association. The parties shall be bound by the award of the arbitrators and judgment upon any award of the arbitrators may be entered in any court having jurisdiction.
11. Force Majeure. This Contract is made on the basic assumption that performance by Seller, any supplier of Seller (including, without limitation, any manufacturer named on the face of this Contract) or any carrier of the goods will not be prevented, hindered, delayed or otherwise made impracticable by Act of God, act of or restriction imposed by any government or instrumentality thereof or by the public enemy, fire, war, revolution, insurrection, riot or civil commotion, accident, epidemic, embargo, strike, lockout or other labor interruption, partial or total interruption, loss or shortage of transportation or loading facilities, power shortage, flood, drought or any other unforeseen supervening circumstances not within the contemplation of the parties at the date hereof. This paragraph is not intended as an exhaustive expression of the contingencies the non-occurrence of which are a basic assumption of which this Contract is made and shall not be construed to impose upon seller a greater obligation than imposed by law.
12. Indemnity. Buyer assumes all risk and liability resulting from the resale or improper use of materials purchased hereunder, whether used singularly or in combination with other materials, and Buyer hereby agrees to indemnify and hold harmless Seller, its agents and employees, from and against any and all claims, losses, damages, cause of action, suits and liabilities of any kind, including all expenses, court costs, and attorneys’ fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the materials sold by Seller hereunder. Such indemnity shall apply whether or not such injury, death, or damage results in part from the negligence of Seller.
13. Waiver. Failure of either party to insist in any one or more instances upon strict performance of any of the provisions herein or failure to take advantage of any of its rights shall not operate as continuing waiver of such right or of such provision.
14. Severability. If any term or provision of these Terms and Conditions of Sale are held to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms and Conditions of Sale will not be affected.
15. Applicable Law. These Terms and Conditions of Sale are made under and will be construed in accordance with the laws of the State ofTennessee without giving effect to any state's choice-of-law rules.
16. Entire Agreement. This Contract constitutes the entire agreement between the parties with respect to the goods covered hereby and supersedes all prior or contemporaneous communications, representations or agreements with regard to the subject matter hereof. This Contract may not be modified or terminated nor may any right be waived except by a writing signed by the duly authorized representative of the party against whom enforcement of such modifications, termination or waiver is sought.
17. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
18. 18. RETURNS AND CANCELATION POLICY
WE ONLY ACCEPT RETURNS FOR CLOTHING MERCHANDISE WITHIN 14 DAYS FROM RECEIVING YOUR ORDER FOR STORE CREDIT ONLY. ITEMS MUST BE UNUSED, UNWORN, IN ORIGINAL CONDITION WITH TAGS ATTACHED, AND IN THEIR ORIGINAL SEALED PACKAGING. ALL OTHER MERCHANDISE, INCLUDING BUT NOT LIMITED TO MATTRESSES, FURNITURE, BODY CARE, ETC. IS NOT-RETURNABLE, FINAL SALE, AND CANNOT BE CANCELED AT ANY TIME ONCE AN ORDER IS PLACED. BY PROVIDING YOUR CREDIT CARD INFORMATION EITHER VIA THE WEB OR BY TELEPHONE AFTER ACCESSING THIS SITE YOU ARE AGREEING TO SUCH TERMS AND CONDITIONS, AND THAT YOU FURTHER AGREE TO PROVIDE PAYMENT IN FULL. NOTE THAT NO SIGNATURE IS REQUIRED BY LAW TO BIND YOU TO THIS CONTRACTUAL AGREEMENT. BY PROVIDING YOUR CREDIT CART INFORMATION AUTHORIZING US TO PROCESS THIS TRANSACTION YOU HAVE FORMED A VALID, BINDING CONTRACT UNDER TENNESSEE LAW.
19. RETURNS
RETURNS MUST MEET CERTAIN REQUIREMENTS DEPENDING ON THE ITEM, AND MAY BE SUBJECT TO A RESTOCKING FEE, IMPOSED ON US BY SOME OF OUR MANUFACTURERS. WHEN RETURNING AN ITEM, THE PURCHASER MUST FIRST GET A RETURN AUTHORIZATION BY CONTACTING CUSTOMER SERVICE AT 615-891-2203. THE PURCHASER PAYS THE RETURN SHIPPING CHARGES AND THE ORIGINAL SHIPPING CHARGES ARE NON-REFUNDABLE.
20. DAMAGED SHIPMENTS AND SHIPPING CLAIMS
In the event your order arrives damaged then you must contact Nature’s Greenlife, LLC immediately at 615-891-2203, so that a proper damage claim can be filed with the shipping agent. The customer must retain the original shipping boxes and all packaging materials in order for the shipping agent to do a proper inspection. If the customer disposes of any of the shipping boxes and any of the packaging materials before an inspection can be made then they waive their right to file a damage claim.
21. Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nature’s Greenlife, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nature’s Greenlife, LLC does not make any warrantees or representations regarding the use of the materials in this site in term of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. If Nature’s Greenlife, LLC makes an error on the pricing on the website then Nature’s Greenlife, LLC has the right to cancel the transaction and refund the customer.
22. TERM TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/ or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nature’s Greenlilfe, LLC without notice at any time, for any reason. The provisions relating to Copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
23. COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nature’s Greenlife, LLC. Copyright Pending, Naturesgreenlife.com ALL RIGHTS RESERVED. Permission is granted to electronically copy for the sole purpose of placing an order with naturesgreenlife.com or purchasing naturesgreenlife.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by naturesgreenlife.com. You further agree not to change or delete any proprietary notices from materials downloaded form the site.
24. Trademarks
All trademarks, service marks and trade names of naturesgreenlife.com used in the site are trademarks or registered trademarks of naturesgreenlife.com
25. Limitation of Liability
naturesgreenlife.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if naturesgreenlife.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
26. Typographical Errors
In the event that a naturesgreenlife.com product is mistakenly listed at an incorrect price, naturesgreenlife.com reserves the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, naturesgreenlife.com shall issue a credit to your credit card account in the amount of the incorrect price.
27. Notice
naturesgreenlife.com may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to naturesgreenlife.com
28. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Tennessee, USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of naturesgreenlife.com products) must to commenced within one (1) year after the claim or cause of action arises. naturesgreenlife.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these term and conditions. naturesgreenlife.com may assign its right and duties under this Agreement to any party at any time without notice to you
29. Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a naturesgreenlife.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
30. Participation Disclaimer
Naturesgreenlife.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, naturesgreenlife.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, naturesgreenlife.com reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, or obscene, fraudulent, deceptive, or misleading. In violation of a copyright, trademark or other intellectual property right of another. Offensive or other wise unacceptable to naturesgreenlife.com in its sole discretion.
31. Indemnification
You agree to indemnify, defend, and hold harmless naturesgreenlife.com, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
32. Third Party Links
In an attempt to provide increased value to our visitors, naturesgreenlife.com may link to sites operated by third parties. However, even if the third part is affiliated with naturesgreenlife.com, naturesgreenlife.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of naturesgreenlife.com. These linked sited are only for your convenience and therefore you access them at your own risk. Nonetheless, naturesgreenlife.com seeks to protect the integrity of is web site and the links place upon it and therefore requests any feedback on not only its own site, but the sites it links to as well, including any and all links that does not work.