Purchase Agreement
Kushtush Organics | Eco Sleep Shop


Following are the terms of the agreement between Company ("Kushtush Organics | Eco Sleep Shop") and the buyer ("Buyer") of goods or services through the Kushtush Organics | Eco Sleep Shop' Web site http://www.kushtush.com (the "Site"), and all pages contained within the Site, or external sites owned by Kushtush Organics | Eco Sleep Shop, YurekWest LLC, and or its officers. Acceptance of the terms of this agreement is required when initiating the checkout process in order to complete your order, and constitutes legally binding agreement. We strongly encourage you to take the time to review this agreement.

BY ACCEPTING THIS AGREEMENT AND PROCEEDING TO PURCHASE, BUYER WARRANTS AND AGREES AS FOLLOWS:
  1. Introduction.

    Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Kushtush Organics | Eco Sleep Shop and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.


  2. Setup and Payment.

    Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card services provider and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes and shipping costs. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to to keep his or her password confidential and to notify Kushtush Organics | Eco Sleep Shop within 24 hours of any breach of this Contract or unauthorized use of the password. Kushtush Organics | Eco Sleep Shop does not protect Buyer from unauthorized use of Buyer's password.

    Buyer agrees that Credit Cards are charged when order is processed. Buyer agrees that 50% deposit may be charged for Made-to-Order merchandise with longer lead times of 3 to 5 weeks. Backordered items will not be charged until merchandise ships.

    Certain transactions over $500.00 may be required to complete and fax a CREDIT CARD AUTHORIZATION FORM to validate cardholder identify and card owner's pre-authorization for proposed applied charges.

    Certain suspicious transactions as defined by the financial services industry, may also trigger a requirement to complete and fax a CREDIT CARD AUTHORIZATION FORM to validate cardholder identify and card owner's pre-authorization for proposed applied charges.

    When items ship separately, Customer only pays one-time shipping. Separate parcels from the same order are NOT charged additional shipping.

    International Orders: NO CREDIT CARD ORDERS ACCEPTED FOR DELIVERIES TO NON-CANADIAN INTERNATIONAL (NON-U.S.) DESTINATIONS.


  3. Product Availability.

    All products are subject to changes in pricing and availability, without prior notice.

    Buyer agrees to and accepts, that "Made to Order" means that product is not currently stocked and will be made or manufactured after order is received. Buyer further agrees, accepts, and accepts, that "Made to Order" merchandise may take up to 4 full weeks (31 days) or slightly longer, to ship. Buyer further accepts and agrees that "Made to Order" merchandise such as mattresses and crib mattresses, organic comforters, or other batting filled items, MAY NOT BE CANCELLED once production begins, and that 50% deposit may be required prior to production.

    Buyer agrees to and accepts, that based on mutual understanding of "Made to Order" delivery, that buyer, or buyers' representatives, will not harass or threaten Kushtush Organics | Eco Sleep Shop, or its staff, officers, or representatives, via email, telephone, or any other available mode of communications, or contact or harass or threaten suppliers and vendors, in an effort to expedite delivery. Buyer agrees to and accepts that Kushtush Organics | Eco Sleep Shop is not able to modify delivery expectations set by manufacturers and suppliers, and that Kushtush Organics | Eco Sleep Shop can not, and will not, be held liable or accountable for delivery projections set forth before order was placed, or for changes and/or delays in delivery expectations.

    Buyer agrees to and accepts, that BACKORDERS MAY OCCUR UNEXPECTEDLY, as well explained on the Kushtush Organics | Eco Sleep Shop website; that organic textiles, and raw materials, are sometimes in short supply, and backorders and/or delayed delivery expectations may/will occur. Buyer further agrees and accepts that Kushtush Organics | Eco Sleep Shop will not be held liable for shortages, backorders, and/or delayed delivery expectations, which Buyer also agrees to, and accepts, are out of the control of Kushtush Organics | Eco Sleep Shop and its staff, partners, suppliers, and manufacturers.

    Buyer further agrees to and accepts, that in the event of changes in delivery expectations, Kushtush Organics | Eco Sleep Shop and its staff and partners, will not be subjected to harassment, threats, or other means of attempting to change unchangeable circumstances, by any mode of communication, communications device, or via representatives or agents. (See below.)


  4. Disclaimer.

    THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "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 Kushtush Organics | Eco Sleep Shop, 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 ITEMS PURCHASED. Kushtush Organics | Eco Sleep Shop AND ANY OF ITS AFFILIATES, DEALERS OR 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 Kushtush Organics | Eco Sleep Shop AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.


  5. Returns and Exchanges Policy. By purchasing organic merchandise from Kushtush Organics Eco Sleep Shop, buyer acknowledges and agrees to accept all terms and conditions of returns and exchanges as below, and to accept full responsibility thereto. Buyer further agrees that Kushtush Organics Eco Sleep Shop is NOT RESPONSIBLE FOR BUYER'S REFUSAL TO READ THIS PURCHASE AGREEMENT, OR REFUSAL TO UNDERSTAND AND ACCEPT THE TERMS STATED IN THIS DOCUMENT.

    First, it is Buyer's responsibility to review Buyer's order before finalizing the purchase, to ensure the right size, style, and type of product are selected; and to ensure Buyer really wants the product.
    Buyer accepts and agrees as follows:   Federal law prohibits the resale of used, worn, washed, damaged or soiled organic bedding and apparel.
    • Returns and Exchanges must be Pre-Authorized!

    • AUTHORIZED RETURNS: Product must be returned within 30 days of receipt. Buyer understands and warrants, that Merchandise in Buyer's possession 30 days or longer is not refundable under any circumstances, and will be refused.

    • "You sleep on it or in it, you own it." Used bedding and apparel are NOT eligible for refund or rebate, and will absolutely be refused.

    • "You wash it, you own it."

    • "You wear it, you own it."

    • "You're allergic, don't buy it!" BUYER AGREES AND WARRANTS THAT KUSHTUSH ORGANICS ECO SLEEP SHOP IS NOT RESPONSIBLE FOR CUSTOMER ALLERGIES TO ANY MATERIALS SOLD ON ITS SITE, and no claims of previously unknown allergies will be refunded or acknowledged. Customer understands and accepts that no merchant is responsible for prior knowledge of personal health conditions of its customers. PERIOD.

    • Sorry, organic cotton and silk clothing and robes are not returnable when removed from packaging and tried on.


    • All Merchandise must be UNUSED, UNWASHED, UNDAMAGED, UNOPENED, AND IN ORIGINAL PACKAGING ... (no fragrance, cigarette smoke, dirt, rips or tears, household or toiletry odors, stains, etc.).


    • RESTOCKING FEES OF 25% will be charged for returns of ALL non-defective hand made-to-order organic merchandise, AND any product that has been opened and removed from packaging, plus originally free shipping to customer.

    • Defective or wrong product corrections are not charged restocking.

    • Customer is responsible for return shipping; unless merchandise is clearly defective.

    • BUYER AGREES that no refunds will be issued without prior written notification of return by customer, and Return Authorization given to customer in writing by Kushtush Organics | Eco Sleep Shop. MERCHANDISE RETURNED WITHOUT OUR PRIOR KNOWLEDGE AND PRE-AUTHORIZATION WILL NOT BE REFUNDED. PRODUCT WILL BE RETURNED TO CUSTOMER AS A ONE TIME COURTESY. NO EXCEPTIONS.

    • Buyer may return ELIGIBLE MERCHANDISE without an invoice/packing slip. Please email customerservice@kushtush.com within 14 days and include the following information:
      1. Name, and address under which the order was placed.
      2. Items you are returning.
      3. Item price.
      4. Form of payment.
      5. Reason for return.
      6. What you would like us to do (exchange, credit your account or refund your payment).
    • Approved refunds will appear on your next credit card billing cycle.
    • Exchanges for items of equal value are arranged at NO CHARGE, but customer is responsible for return shipping, unless merchandise is defective or if wrong product is shipped.


    • Please wait to verify return shipping address. Sometimes merchandise must be returned to address supplied by Manufacturer or Supplier. In most cases, returns may be shipped to:
      Kushtush Organics | Eco Sleep Shop
      ATTN: Merchandise Returns
      13625 S. 48th St., #1123
      Phoenix, AZ 85044


    BUYER AGREES AND WARRANTS that Refund Credits are issued only within original payment method OR VIA STORE CREDIT! NO COMPANY CHECKS ARE ISSUED TO ANYONE, UNDER ANY CIRCUMSTANCES.
    Important Information  Please always contact us for authorization!
    CANCELLATIONS: Change your mind on Hand Made or Made to Order Items?

    Please contact Kushtush Organics | Eco Sleep Shop within 24 hours after ordering, so we can try to stop the order before production begins! We appreciate your understanding as Kushtush Organics | Eco Sleep Shop can NOT stop costly production lines.

    REFUSED SHIPMENTS

    By accepting this agreement Buyer agrees that Refused Shipments will be charged shipping costs for delivering product to customer, plus 25% restocking (administrative) fees, plus the cost of shipping back to suppliers or to Kushtush Organics Eco Sleep Shop. Those fees will be deducted from any refund. No exceptions. Buyer accepts those fees and understands those fees will be deducted from any presumed refund.

    Product returned "out of the blue", and used merchandise, sent to us without authorization in an attempt to force a refund, will be returned to customer as a courtesy, and customer may be charged additional shipping.

    CREDIT CARD CHARGEBACKS:

    BUYER AGREES TO, AND ACCEPTS THE FOLLOWING POLICY WITH REGARD TO CHARGEBACK ABUSE:
    CHARGEBACK FRAUD IS A CRIME...ZERO TOLERANCE.

    We work with our customers until they are satisfied, within reason. Kushtush Organics | Eco Sleep Shop issues refunds or store credit as deemed qualified (see Returns and Exchange Policy). Therefore, any customer initiated chargeback is inexcusable and considered flagrant fraud.

    1. All chargebacks issued against merchandise already shipped will be contested with full documentation.


    2. We will submit all proof of delivery, customer personal information, and supporting documentation to:

      (a) Payment processor and card issuer;
      (b) Public Chargeback Reports Database online; and
      (c) FBI/NW3C Internet Crime Complaint center.


    3. Additionally, ALL CHARGEBACK ACTIVITY WILL BE REPORTED TO THREE CONSUMER CREDIT REPORTING AGENCIES AS INCOMPLETE COLLECTIONS ISSUES THAT WILL REMAIN ON YOUR CREDIT REPORT FOR NOT LESS THAN 7 YEARS!


    First chargeback will result in immediate and permanent suspension of credit card purchase privileges with Kushtush Organics | Eco Sleep Shop. We prefer to not do business with chargeback offenders at all, but if we MUST, any future orders would require POSTAL MONEY ORDER or CASH only.


    WHAT IS NOT RETURNABLE?   Buyer warrants, agrees to and accepts as follows: Per Manufacturer, and U.S. federal health and safety guidelines, Kushtush Organics | Eco Sleep Shop and its suppliers and manufacturers, CAN NOT accept items that have been removed from packaging, washed, worn, or soiled in any way for return or exchange. Sheets and blankets that have been removed from original packaging, and ALL pillows, comforters, futons, mattresses, crib bumpers, mattress pads and toppers, plus ALL organic bath and apparel products, are NOT RETURNABLE ... because these items are Made-to-Order and/or are not suitable for resale per federal law. All other items will be assessed on a case by case basis. Buyer agrees to contact customerservice@kushtush.com right away so Buyers questions and situation can be properly assessed.

    Buyer warrants and agrees, that Authorized returns must be examined and approved by Manufacturer or Kushtush Organics | Eco Sleep Shop for credit; and Buyer further agrees to allow up to 45 days for credit to be issued; and that refund credits are issued only within original payment method. Buyer understands and agrees that product returned in a condition that is not 100% resaleable and recoverable will not be refunded (see below). BUYER accepts AND WARRANTS THAT NO COMPANY CHECKS ARE ISSUED TO ANYONE, UNDER ANY CIRCUMSTANCES.

    BUYER ACCEPTS AND WARRANTS,   that Manufacturer may refuse returns if the condition of product does not meet above requirements. If product is in unused, original condition, in original packaging. 20-40% restocking fees usually apply.


  6. Right to Refuse.

    Kushtush Organics | Eco Sleep Shop reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.


  7. Kushtush Organics | Eco Sleep Shop PRACTICES ZERO TOLERANCE FOR ABUSIVE BEHAVIOUR.
    Buyer agrees to and accepts, that while email channels are always open, Kushtush Organics | Eco Sleep Shop reserves the right to block any communications that are deemed excessive, or threatening, hateful, or hostile. Buyer agrees to and accepts that any and all email communications may be retained by Kushtush Organics | Eco Sleep Shop and/or its staff and partners, and can be used as evidence against buyer(s) and/or buyers representatives, in the event legal action or legal defense is warranted. Buyer agrees to and accepts that all communications delivered to Kushtush Organics | Eco Sleep Shop and/or its staff and partners, will be fair and respectful; and subject to inspection and perusal by external legal entities and/or law enforcement authorities.

    Buyer understands and agrees that threats made to phone order people will be taken seriously and may result in charges being filed. Reported threats will result in immediate denial of services.

  8. Indemnification.

    Buyer agrees to indemnify, defend and hold Kushtush Organics | Eco Sleep Shop and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.


  9. Copyright.

    The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.


  10. Editing, Deleting, and Modification.

    Kushtush Organics | Eco Sleep Shop reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Kushtush Organics | Eco Sleep Shop may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.


  11. Non-Transferable.

    Buyer's right to use the Service is not transferable and is subject to any limits established by Kushtush Organics | Eco Sleep Shop or by Buyer's credit card service provider, subject to any applicable law.


  12. Use of Information.

    Kushtush Organics | Eco Sleep Shop reserves the right, and Buyer authorizes Kushtush Organics | Eco Sleep Shop, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.


  13. Miscellaneous.

    This Contract shall be treated as though it were executed and performed in LAKE COUNTY, ILLINOIS, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of __ILLINOIS_(without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in _LAKE COUNTY, ILLINOIS___, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Kushtush Organics | Eco Sleep Shop is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Kushtush Organics | Eco Sleep Shop to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NOTE: You must click on "I Agree", to complete your transaction.