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Terms and Conditions
Welcome to
Kushtush
Organics | Eco Sleep Shop. We hope you will visit us often. There are certain rules which apply to the usage of our website and retail delivery services.
By accessing and using this website and purchasing merchandise, you indicate your agreement to be governed by these rules. If you do not agree to abide by and uphold the terms and conditions outlined below, please exit this web site immediately, and do not attempt to purchase any products.
Kushtush Organics | Eco Sleep Shop reserves the right to modify these rules as required.
All of the images, illustrations, designs, icons, photographs and written materials that appear on our web site are owned by, controlled by, or displayed with explicit permissions granted to,
Kushtush Organics | Eco Sleep Shop. These materials are subject to copyright, trademark and trade dress laws, and the unauthorized use or reproduction of these materials is a violation of law.
You may not reproduce, publish, transmit or make any commercial use of the material on this site. The comments, ideas or suggestions that you submit through our web site or otherwise disclose to us shall be and remain the property of
Kustush Organics.
Kushtush Organics | Eco Sleep Shop will be under no obligation to pay you or any other person a fee or any other compensation for the use of those comments or the ideas contained therein.
LIMITS OF LIABILITY:
Any liabilities of Kushtush Organics | Eco Sleep Shop to you, and to any third parties, are limited to the price paid by you to Kushtush Organics | Eco Sleep Shop for the product sold through this Site. Under no circumstances shall Kushtush Organics | Eco Sleep Shop be liable for any lost profits, or special, incidental or consequential damages, however arising. In no event shall Kushtush Organics | Eco Sleep Shop be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, all arising out of or in connection with the use, copying, or display of the contents of this site. In an effort to provide our customers with the most current information, Kushtush Organics | Eco Sleep Shop will, from time to time, make changes in the contents and in the products or services described on this Site.
Prices are subject to change from time to time, without prior notice. In the event that a product is listed at an incorrect price due to typographical error or error in pricing information received from others, Kushtush Organics | Eco Sleep Shop shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
Kushtush Organics | Eco Sleep Shop is not responsible for typographical or photographic errors, and is not liable for any fees, claims, or any other compensation arising from pricing errors, pricing that has changed without prior notification, or for photographic errors and/or inaccuracies.
INDEMNIFICATION
You agree to indemnify, defend and hold Kushtush Organics | Eco Sleep Shop and its parent, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
DISCLAIMER
Kushtush Organics | Eco Sleep Shop MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY LAW,
Kushtush Organics | Eco Sleep Shop DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Kushtush Organics | Eco Sleep Shop reserves the right to request payment in other forms of currency if the goods are shipped outside of the United States or its possessions.
Our products are selected for verification of organic quality, style, appearance, and customer preferences. However, the exact appearance of each catalog product will depend upon the quality of your video display terminal (VDT). For this reason, we cannot guarantee that the appearance of the product and packaging will be exactly as you see it on your VDT.
VISITORS ARE RESPONSIBLE... for reading and understanding RETURNS AND EXCHANGES policy, and for honoring those guidelines in the event there appears to be a problem with delivered product.
Kushtush Organics | Eco Sleep Shop RESERVES TO RIGHT TO REFUSE RETURNS at manufacturers' discretion ...
under terms and conditions outlined in the RETURNS AND EXCHANGES policy located on our web page www.kushtush.com/customerservice.htm.
LEGAL CONTROL This site is created and controlled by
Kushtush Organics | Eco Sleep Shop, a YurekWest LLC company, USA. As such, the laws of the State of Arizona will govern these disclaimers, terms and conditions, without giving effect to any principles or conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions, at any time.
Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Securities Laws
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@kushtush.com.
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
If you encounter an error remember it is a MISTAKE (not FRAUD for heaven's sake!! ). Simply let us know at customerservice@kushtush.com, so that necessary corrections can be made.
We really don't like this part, but sadly, a person or two have made it necessary ...
ABUSE OF CUSTOMER SERVICES:
We at Kushtush Organics | Eco Sleep Shop treat our customers with well mannered respect, and expect the same in return; and reserve the right to refuse service under certain (thankfully rare!) circumstances.
We enjoy the majority of our organic customers, who tend to be more sophisticated, easily engaged, and understanding. However, if our staff feels a customer's email or phone behavior is deteriorating into bullying, threatening, demeaning or communications inappropriate in any way, service may be refused and order cancelled, at the discretion of Kushtush Organics | Eco Sleep Shop management. In some cases, Customer Service will cease immediately and all received emails retained for future use.
Kushtush Organics | Eco Sleep Shop firmly practices Zero Tolerance for abusive behavior. Abusive email communications violate terms of service of most email providers; and violates our Terms of Service and Purchase Agreement; and will be reported to your email provider.
We work hard to make our customers happy. But occasionally mistakes and problems may occur, and we will follow through with you to make corrections until you are satisfied, within reason.
If you are disappointed or get mad, think before you write. Remember any angry, threatening email communications become the property of Kushtush Organics | Eco Sleep Shop. Those emails are retained for future use. Under no circumstances will Kushtush Organics | Eco Sleep Shop, or YurekWest LLC, serve any customer known to have seriously threatened or accused our company or partners.
CHARGEBACKS: After the FIRST chargeback initiated against Kushtush Organics | Eco Sleep Shop, CREDIT CARD PRIVILEGES WITH Kushtush Organics | Eco Sleep Shop WILL BE SUSPENDED. Future orders will require POSTAL MONEY ORDER only.
We work with our customers until they are satisfied, within reason. Therefore, chargebacks are not tolerated.
If any questionable activity is detected that suggests attempted fraud, such as suspicious chargeback activity, persistent product returns, or other customer-initiated difficult issues, that activity will be monitored, and you could potentially be placed on a retail industry list for possible denial of future services.
After the FIRST chargeback initiated against Kushtush Organics | Eco Sleep Shop, CREDIT CARD PRIVILEGES WITH Kushtush Organics | Eco Sleep Shop WILL BE SUSPENDED. Future orders will require POSTAL MONEY ORDER only.
We work with our customers until they are satisfied, within reason. Therefore, chargebacks are not tolerated.
REMINDER: Refusal to pay for delivered product will be treated and charged as retail theft.
If any questionable activity is detected that suggests attempted fraud, such as suspicious chargeback activity, persistent product returns, or other customer-initiated difficult issues, that activity will be monitored, and you could potentially be placed on a retail industry list for possible denial of future services.
Kushtush Organics | Eco Sleep Shop, Phoenix, Arizona 85044, .
Kushtush Organics | Eco Sleep Shop Terms and Conditions.
Last updated: 07/09/2007. This notice will be reviewed periodically
to reflect current federal law, and/or any changes in the business structure of
Kushtush Organics | Eco Sleep Shop.
More stuff you need to know:
Most of the items on our web site are made to order. Items made to order cannot be canceled once the factory begins making your item(s). All furniture, mattresses, most of the bedding, etc., are made to order. Please allow 2-4 weeks for made to order organic bedding to ship.
You will be notified if an item is not in stock. We ship UPS Ground or USPS 1st Class.
So please ... make sure you want the items before ordering.
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