This agreement applies as between you and VA Harvest, LLC of 6407 Mallory Dr, Richmond, VA 23226 USA, www.va-harvest.com (hereinafter “VA Harvest”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services.
Intellectual Property
All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of VA Harvest, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by VA Harvest.
Basis of Order and Acknowledgement
The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).
Minimum order quantities and/or values may apply at our discretion.
You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.
A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.
Products Descriptions and Prices
We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
Cancellation of Orders
VA Harvest reserves the right to cancel, at any time before delivery and for whatever reason, an
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Order that it has previously accepted. VA Harvest may do this for example, but without limitation, where:
VA Harvest’s suppliers are unable to supply Products that they have previously promised to supply;
an event beyond VA Harvest’s control, such as storm, fire, flood or failure of computer systems, means that VA Harvest is unable to supply the Products within a reasonable time;
Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
you ask VA Harvest to cancel your Order; or
You may cancel your Order where VA Harvest:
has breached a material term of this Agreement;
is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside VA Harvest’s control.
Where VA Harvest cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
In the event of VA Harvest or you are cancelling your Order after payment has been processed, VA Harvest will refund any money paid in respect of that Order.
Except to the extent otherwise required by law or as expressly set out in these terms and conditions, VA Harvest will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Availability of Products
As VA Harvest is dependent upon its Suppliers to provide stock, VA Harvest cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. VA Harvest reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, VA Harvest will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Passing of Risk and Title
The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.
Delay in availability or delivery of Goods
You agree and acknowledge that:
VA Harvest does not guarantee the dispatch or delivery or availability of Goods within the time frames set out, estimated delivery times listed for your Order or any other time frames otherwise specified by VA Harvest;
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stock availability and events outside VA Harvest’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;
delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
except to the extent expressly set out in these Terms and Conditions or otherwise required by law , neither VA Harvest nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Refunds of your money
Where VA Harvest is obliged to refund your payment pursuant to these Terms and Conditions, VA Harvest aims to initiate your refund within 14 working days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
Except to the extent otherwise required by law, VA Harvest will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Damaged or Faulty Items
In the unlikely event that you have received a damaged item, please e-mail us including as much information as possible about the fault you have discovered so we can thoroughly investigate the issue for you. As part of this process, we may ask for a photo of the fault or damage so we can assess the best course of action. We may offer exchange for your faulty item(s), refunds for faulty items will be given at our discretion.
Please note that we do not cover damage or faults caused by neglect, misuse, or normal wear and tear. However, if you do damage one of your items, we may be able to suggest a solution, so please do not hesitate to get in touch with us.
Chargebacks
You agree to contact VA Harvest prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through VA Harvest, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
Warranty
We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.
We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, wilful or accidental damage; (iv) the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.
Minor deviations from specifications which do not affect performance of the Product shall not be
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deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
Exclusion and Limitation of Liability
These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product.
We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.
You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Privacy
For the purposes of applicable data protection legislation, VA Harvest will process any personal data you have provided to it in accordance Privacy Policy available on the VA Harvest website or on request from VA Harvest.
You agree that, if you have provided VA Harvest with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to VA Harvest and (ii) that you have brought to the attention of any such third party the Privacy Notice available on the VA Harvest website or otherwise provided a copy of it to the third party. You agree to indemnify VA Harvest in relation to all and any liabilities,
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penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
VA Harvest makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and VA Harvest shall be governed by and construed in accordance with the Law of Virginia and VA Harvest and you agree to submit to the exclusive jurisdiction of the Courts of Richmond.
