Terms of Sale

1.1 The seller of Products (hereinafter “Seller”) is Root Sciences, LLC with headquarters in Suite A – 151 NE State Route 300, Belfair, WA 98528 United States, email info@rootsciences.com. United States Business Registry no. EIN 81-2255778.

1.2 These Online Conditions govern the purchase of products on www.app.rootsciences.com (hereinafter the “Site”) and do not, however, regulate the sale of products or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links. The Seller is not responsible for the supply of goods or services by third parties.

1.3 The Customer will be identified using the data provided in the Order. Customers shall not provide false and/or made up information: the Seller is exempt from any responsibility in this regard.

1.4 The offers of Products on the Site are directed at Customers of legal age. By placing an order through the Site, you guarantee that you are over 18 and have the legal capacity to enter into binding contracts.

2. METHOD OF CONTRACT COMPLETION

2.1 The information referred to in these Online Conditions and the details contained on the Site do not constitute an offer to the public, but a simple invitation to formulate an Order. After placing an Order, the Customer will receive an e-mail confirmation of receipt (hereinafter “Confirmation of Order Receipt”). This email does not constitute an acceptance of the Order, which is considered accepted only when the Customer receives an additional email confirmation that the Order has been completed and that the Products are being shipped (hereinafter “Completed Order Confirmation”). The Customer will be charged once Products are shipped. Thus, no contract exists between the Customer and the Seller until the Order is explicitly accepted by the Seller by sending the Completed Order Confirmation.

The online purchase contract (hereinafter the “Contract“) will therefore only be considered entered into when the Customer receives the Completed Order Confirmation (“Contract Conclusion Date”): from this moment forward the Order will be simply defined as “Order”.

2.2 Before transmitting an Order, the Customer will be asked to confirm that the Online Conditions have been read and accepted, including the clauses that determine unfavorable conditions for the Customer (for example limitations of liability, right to terminate the contract, exceptions to the jurisdiction of the judicial authority, etc.).

2.3 Upon conclusion of a contract, the Customer will receive the Completed Order Confirmation by email, containing:

-a reference to the Online Conditions, already read and accepted by the Customer when the Customer had sent the Order and a recap of the Order
-information of each product and their corresponding prices;
-the method of payment selected;
-the location and means of delivery and the costs relating to shipment;
-a link to the conditions for returning Products;

2.4 The Seller reserves the right to request further information relating to the Order via e-mail or telephone before sending the Completed Order Confirmation.

2.5 The Seller reserves the right to reject Orders in whole or in part, from a Customer for any reason. In these cases, we will inform the Customer via email or telephone that the Order has been rejected. In such cases, the amount placed on hold against the chosen payment method will be released. The Seller shall not be liable to the Customer or any other third party for refusing to process or accept an Order. If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer.

2.6 The Seller agrees to deliver the ordered Products as soon as possible (taking into account the method of shipment selected by the Customer) and in any case, no later than 30 (thirty) days from the Contract Conclusion Date.

2.7 Although the Seller constantly adopts measures to ensure that the photographs shown on the Site are faithful representations of the Products, some variations are always possible due to the technical characteristics and color resolution features of the computer used. Consequently, the Seller is not responsible for any inadequacy of the graphic representations of Products shown on the Site due to the aforementioned technical reasons, as such representations are merely illustrative.

3. SALES PRICES

3.1 The legal guarantee for non-conforming products, provided in article 8 below remain fully applicable. “Price/s”) and the shipping costs (hereinafter “Shipping Costs” ) are those indicated on the Site and at the time of the transmission of the Order.
Prices and Shipping Costs are not to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order). State taxes are calculated at the time of checkout, and vary state by state. In the event of Product returns, the Shipping Costs already paid by the Customer shall not be refunded.

3.2 In the event that any items on the Site are mispriced, and the Price listed on the Site is lower than the correct sales price of the Product, the Customer will be contacted to verify if he wishes to buy the Product at the correct price. In the event that you do not wish to proceed with the purchase, the Order will be canceled. If the price indicated on the Site is higher than the correct sales price of the Product, the Seller may unilaterally adjust the Price and the lower price will be charged.

4. PAYMENT METHOD

4.1 Payment can be made in one of the ways listed in the “Payment Method” section on the Site.

4.2 Major credit cards, checks, and ACH are accepted. Payment with credit card will not incur any additional charges. The Customer making the payment confirms that they are the holder of the credit card used. In the absence of these conditions, it will not be possible to proceed with the Order.
At the time the Order is sent, the amount corresponding to the total in the Order will only be held on the card, but not charged: the actual charge will only be made at the time of Completed Order Confirmation. In the event that it is not possible to clear the payment for the amount charged, the Order will automatically be cancelled. Please note that the Seller will not receive or store Customer’s credit card, which is managed directly by the third party who administers the payment. The Seller will be able to have access only to the partial information that the Client decides to save (by way of example; type of credit card, expiry date, card holder); those information are insufficient to identify the credit card but useful for Client’s next purchases. Therefore, under no circumstances the Seller can be responsible for fraudulent use of the credit cards and prepaid cards by third parties.

5. DELIVERY AND SHIPPING

5.1 Each shipment contains:
-Products ordered and any giveaways, if applicable to the Order;
-accompanying documentation required in the dispatch country;
-information and marketing materials.

5.2 The commercial document/purchase invoice relating to the Order will be made available on the Site, in the Customer section, and in any case it will also be in the Completed Order Confirmation.

5.3 The Products will be delivered by a courier identified by the Seller. It is possible to consult the “Shipping” section on the Site at any time for additional information on costs, times and shipping methods. Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer. Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.
Products may be delivered in the following ways:
– delivery to the address as indicated by the Customer;
– picked up at headquarters.

5.4 Upon receipt of the Products, it is the Customer’s responsibility to verify the integrity of the Products and check for any immediately evident damage to the packaging (for example: wet or damaged box, etc.). In the event of anomalies, the Customer will be required to identify them within 24 (twenty-four) hours of receipt of the Products and refuse delivery. Otherwise, the Customer will forfeit the right to exercise their rights in this regard. The statutory warranty for defective products provided for in paragraph 8 remains in full force and effect.

5.5 The Seller shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with the Seller related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

6. PRODUCT RETURN

6.1 The Customer may return Products purchased on the Site, without any penalty and without specifying any reason.
The Customer must inform the Seller, in the manner referred to in paragraph 6.2, of his/her desire to return Products purchased within the term of 10 days, starting from the day on which the Customer or a delegated person (other than the courier) acquired possession of the Products.

If the Customer made an Order containing more than one Product, Products may be returned at different times, in any case, within and not later than 10 days.

6.2 To return Products, the Customer has to contact headquarters by calling (206) 452-1130 and inform the Seller which purchased items he/she would like to return.

6.3 The return of Products is subject to the following conditions:
– within 10 (ten) days after informing the Seller, the Customer shall return the Products to Seller using one of the following options:
(1) send the Products appropriately packaged to the Seller, choosing one of the following:
a) deliver the Products to headquarters;
or
b) deliver the Products to the courier chosen by the Customer;
or
c) delivers the Products to the courier appointed by the Seller.

The Returned Products bought in the same Order could be returned even in different time, within the 10 (ten) days after informing the Seller;
– the Products returned (hereinafter the “Returned Products“) must be returned in their entirety, excluding the possibility of returning only certain parts or components of these products (even in the case of sets);
– the Returned Products must not have been used;
– Returned Products must be returned packaged exactly as they were shipped;

6.4 In the event a Customer returns a Product, the Seller will reimburse the Customer all payments made for the purchase of the Returned Products, except for the following expenses which, if applicable, will be charged to the Customer:
– the extra costs relating to the Order shipping (already paid by the Client when the purchase has been executed), in case the Client would have selected a courier and/or shipping method other from the standard shipping method proposed by the Vendor. The mentioned extra costs will be refunded to the Client only in case the Products should be damaged during the transportation or in case the Products are defective;
– any processing fees incurred when the order was placed;

6.5 After informing the Seller [and receipt of the Products by the Seller], the Customer will receive an e-mail confirming the return entry (hereinafter “Confirmation of Return Entry“) and the Seller will inspect the Products. After Seller’s verification of compliance with all the procedures required by paragraph 6, the Customer will receive an e-mail of approval of the return made (hereinafter “Return Approval”).
The Seller will reimburse the Customer the sum paid for the purchase, net of expenses referred to in paragraph 6.4, of the Returned Products no later than 14 days from Seller’s receipt of the Returned Products. The Seller will mail a check or assign a store credit to the Customers account.

6.6 Product returns that do not comply with the procedures described in paragraph 6 will not be processed. Within 10 days of having been informed that the return was rejected, by responding to the same e-mail, the Customer can choose to have the Products shipped back to him/her, at the Customer’s cost, in the condition in which they were received by the Seller. If the Customer does not request the return of the Products within said time period, the Customer authorizes the Seller, and any of its affiliates or agents, to retain the Products and the price paid, and to dispose of such Products as it sees fit.

7. LEGAL GUARANTEE FOR NON-CONFORMING PRODUCTS

7.1 The Seller is responsible for any Product defects and non-conformity from the Order, existing at the delivery. Seller shall determine in its discretion whether a Product is defective.

7.2 The warranty period for defective Products is 10 (ten) days from the time of delivery of the goods. This warranty is valid under the following conditions:
a) the defect occurs within 10 (ten) days from the date of delivery of the Products;
b) the Customer submits a formal complaint to the Seller regarding the defects within a maximum of 2 (two) days from the date on which the defect was first discovered;
c) the Customer presents the commercial document/purchase invoice.

7.3 In the event that the Seller determines a Product is defective, the Customer will have the right to obtain without additional costs:
-a refund of the amount paid for the purchase of the Products. The refund will be made through the same payment method used by the Customer for the initial purchase

7.4 All costs of returning products that are recognized as defective are borne by the Seller.

7.5 The seller makes no representations or warranties of any kind, express or implied, as to the products, and, to the fullest extent permissible by applicable law, the seller disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement, and there are no warranties, express or implied, which extend beyond the description of the products contained on the order confirmation.

Notwithstanding anything to the contrary contained herein, to the fullest extent permissible by applicable law, in no event will the seller be liable for any loss, damage or claim for any indirect, special, incidental, punitive or consequential damages, loss of profits, revenue, opportunity or data, or delay, whether based on contract, tort, negligence, strict liability or any other legal theory.

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. Notwithstanding the foregoing, in the event that the seller is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with any product, the seller’s liability shall be strictly limited to the price of that product.

8. CONTACTS

For any further information, please contact the following:
Root Sciences Customer Service
151 NE State Route 300, Suite A
Belfair, WA 98528
shop@rootsciences.com
Tel. (206) 452-1130

9. PRIVACY

Please familiarize yourself with the Privacy Policy published on the Site to obtain all information on how we manage your personal data.

10. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND JURISDICTION

11.1 These Online Conditions and their interpretation shall be governed by the laws of the State of Washington without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of Washington, County of Mason. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

11. MODIFICATIONS AND UPDATES

These Online Conditions may be modified at any time. The Customer will be required to accept the Online Conditions in force at the time of purchase. New versions of the Online Conditions will be effective from the date of publication on the Site and in relation to Orders submitted after that date.

Version updated on 06/06/2023