The sale of products by Ohneka Farms LLC (“Seller”, “we” or “us”) to the party ordering the products (“Buyer” or “you”) shall be governed by these terms (these “Terms of Sale”). By placing an order through www.growwithroot.com (the “Website”) you are offering to purchase a product on and subject to these Terms of Sale. All orders are subject to availability and confirmation of the order price.
Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. Such e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the products which you ordered have been dispatched to you. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
Delivery costs will be charged to you; such additional charges are clearly displayed where applicable and included in the Total Cost. Prices do not include sales, excise, use or other taxes now in effect or hereafter levied by reason of this transaction. You will pay and indemnify and hold us harmless from all such taxes.
Title, Risk Of Loss, Insurance
Title to each shipment of the products sold hereunder and risk of loss thereon shall pass to you when we or our agent tenders such shipment to the carrier, but such shipment shall remain subject to our rights of stoppage in transit and of reclamation.
We warrant to you that for a period of sixty (60) days from the date of shipment of the products that such products will materially conform to our published specifications in effect as of the date of shipment and will be free from material defects in material and workmanship.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
We shall not be liable for a breach of the warranty set forth above unless: (i) you give written notice of the defect, reasonably described, to us within fifteen days of the time when you discover or ought to have discovered the defect; (ii) we are given a reasonable opportunity after receiving the notice to examine such product and you (if requested to do so by us) returns such product to us at our cost for purposes of our examination; and (iii) we reasonably verify your claim that the product is defective.
If we find the product to be defective, we shall, in our sole discretion, either: (i) repair or replace such product (or the defective part) or (ii) credit or refund the price of such product.
THE REMEDIES SET FORTH IN ABOVE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH ABOVE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY US OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, 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 OF SALE, 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 PRODUCTS SOLD HEREUNDER.
Compliance with Law
You agree to comply with all applicable laws, regulations and ordinances. By purchasing any products from us, you certify that any products purchased will only be used for lawful purposes and acknowledge and agree that use of any of our products is entirely at the risk and discretion of the user and we will not be responsible for any use or misuse of the products sold herein.
Governing Law and Jurisdiction
All matters relating to these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in Philadelphia, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.
These Terms of Sale constitute the sole and entire agreement between you and us with respect to the purchase of products through the Website.