Terms of Use - Organo Gold

Legal

Welcome to OrganoGold.com

Organo Gold and/or its affiliates (“Organo Gold” or “OG”)* provide website features to you subject to the following Conditions of Use (the “Conditions”). If you visit or shop at OrganoGold.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Organo Gold service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

Privacy

Please review our Privacy Policy, which also governs your visit to OrganoGold.com, to understand our practices.

Electronic Communications

When you visit OrganoGold.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Our communication with you is protected by United States, Canada and International Laws, including Copyright Laws.

Trademarks

trademark_disclaimer™ and ORGANO GOLD™ are trademarks of Organo Gold Holdings, Limited, registered in the U.S. and other countries.

OGPromo.com, OGMerchandise.com, OrganoGoldPromo, OrganoGold.com, OG Business Tools, ogbusinesstools.com and other OGPromo.com/OrganoGold.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of OrganoGold in the U.S., Canada and/or other countries. Organo Gold’s trademarks and trade dress may not be used in connection with any product or service that is not Organo Gold’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Organo Gold and its suppliers. All other trademarks not owned by Organo Gold that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Organo Gold.

License & Website Access

Organo Gold grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Organo Gold. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Organo Gold. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Organo Gold without express written consent. You may not use any meta tags or any other “hidden text” utilizing Organo Gold’s name or trademarks without the express written consent of Organo Gold. Any unauthorized use terminates the permission or license granted by Organo Gold. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of OrganoGold.com so long as the link does not portray Organo Gold, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Organo Gold logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Organo Gold does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 years of age, you may use OrganoGold.com (i.e. the website) only under supervision of a parent or guardian. Organo Gold reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, & Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Organo Gold reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Organo Gold a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Organo Gold and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Organo Gold for all claims resulting from content you supply. Organo Gold has the right but not the obligation to monitor and edit or remove any activity or content. Organo Gold takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Organo Gold respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at [email protected].

Risk Of Loss

All items purchased from Organo Gold are delivered pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Organo Gold attempts to be as accurate as possible. However, Organo Gold does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Organo Gold itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Prices listed on this website reflect the current prices of the products in the USA. Currency for all products on OrganoGold.com is in United States Dollars (USD). Except where noted otherwise, the List Price displayed for products on our website represents the wholesale price for Independent Distributors or, if you are a Retail Customer, the retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by Organo Gold, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Organo Gold. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

Shipping Policy

All products are considered to be “In Stock”. All orders containing only “In Stock” products are to be processed and shipped out within two business days. Flat rate shipping within North America takes 7 – 10 business days. All other forms of shipping are via UPS (United Parcel Service Inc.) and vary according to client selection.

Return/Refund-Buy Back Policy

The goal of Organo Gold is to ensure that Customers are completely satisfied with their purchases. Upon receipt of any package, it should be examined closely prior to opening the factory-sealed products’ packaging. If the order is not in satisfactory, it may be returned provided that the following guidelines are observed:

· Returns for “refund” are accepted by the Company only if submitted within 30 days from the order shipment date. Returns of product for the purposes of “exchange” for other product, are accepted by the Company if submitted within 45 days from the order shipment date. Returns submitted to Organo Gold after 45 days will only be processed at the discretion of the Company. If there is any concern about return timelines, the Customer is encouraged to contact the Company directly as soon as possible.

· All products returned (other than for determination of Defects, as outlined below), must be returned unused, unopened and in resalable condition.

Defective Products: Organo Gold strives for completely satisfaction of everything offered. This begins from the website all the way to the product selected. That said, “product defects” are carefully scrutinized by Organo Gold. Any product which is suspected to be “defective” should be immediately returned to Organo Gold (Please, refer to section B for return procedures) so that Quality Control can examine the product to verify the nature of the defect and recall similar products from similar lot or batch numbers. When a product determined by Organo Gold to be defective, or otherwise not consistent with Quality Control standards, the Company will immediately replace the product or refund the purchase price. Please DO NOT use the product. Any used or partially used product automatically voids any potential product return.

NOTE: Any products returned that do not conform to these guidelines will be sent back to the Customer at their sole expense. Remember, all returns must be submitted within the timelines established above. Returns submitted beyond these timelines will only be processed at the discretion of Organo Gold.

A) Distributor Repurchases (Buy Back) for distributors only:

1. Upon cancellation or termination of the Distributor Agreement, Distributors may return for refund products and sales aids (marketing tools) that he or she personally purchased from OrganoGold that are in resalable condition and were purchased within 1 year from the date of the receipt of merchandise first ordered (no time limit in MA, GA, LA, and WY) at 90% of the Distributor’s net cost, less appropriate setoffs and legal claims. Any items that have been clearly identified at the time of sale as non-returnable, discontinued, or as seasonal items shall not be considered resalable.

2. Upon acceptance of resalable products and sales aids (marketing tools), after our quality control department examine it and if they are considered resalable through Organo Gold standards, the Distributor will be reimbursed 90% of net cost of the original purchase price(s) in the same form as the original payment was submitted. Shipping charges incurred at the time of purchase will not be refunded.

3. Montana Residents Only: Montana residents may cancel their Distributor Agreement and return their Business Kit for a full refund of all consideration paid within 15 days from the date of enrollment.

B) Procedures for Returns

To Return a product, you must:

1. Contact Distributor Support at 1-877-674-2661 or [email protected]

2. Provide them with the original invoice number.

3. Notify them of the product(s) being returned.

4. Receive a Return Merchandise Authorization (RMA) number, and clearly print the RMA number in indelible ink on the outside of the box. Packages without visible RMA numbers will not accepted by Organo Gold.

5. You are responsible for pre-paying all shipping costs related to the returned items to be sent. The Company does not accept shipping-collect packages.

6. You are encouraged to add a pre-paid tracking or delivery confirmation service to all return packages. If returned product is not received by Organo Gold, it is your responsibility trace the shipment.

Applicable Law

By visiting OrganoGold.com, you agree that the laws of the State of Washington, United Sates of America, without regard to principles of conflict of laws, will govern any dispute specifically regarding these Conditions of Use, other than Distributor rights on cancellation returns that might arise between you and Organo Gold.

Website Policies, Modifications & Severability

Please review our other policies, such as our privacy policy and exchange policy posted on this website. These policies also govern your visit to OrganoGold.com. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY ORGANO GOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ORGANO GOLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ORGANO GOLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORGANO GOLD DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM ORGANO GOLD; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORGANO GOLD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OUR ADDRESS
Organo Gold Int’l, Inc.
5505 Hovander Rd, Ferndale
Washington WA 98248
U.S.A.

* Organo Gold is a Group of Companies operating under trade name “Organo Gold” and “Coffee Connoisseur”.