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Barlean's Standard Terms and Conditions

These Standard Terms and Conditions (“Terms”) govern the purchase and sale of all merchandise (“Product”) sold by the seller, Barlean’s Organic Oils, LLC (“Barlean’s”), to any purchaser (“Customer” or “You”).

  1. Acceptance. Customer accepts these Terms upon purchasing any Product from Barlean’s as indicated by the completion of any online or in-store transaction, including through Barlean’s website. If these Terms conflict with Barlean’s invoice or any other document, these Terms shall prevail.
  2. Delivery. Delivery is complete when Customer takes possession of the Product or the Product arrives at the destination requested by Customer, whichever is sooner. Upon delivery, title, risk of loss, and the duty to insure the Product passes from Barlean’s to Customer.
  3. Inspection; Returns. The Customer shall immediately inspect the Product and report any damage, defect, discrepancy, or nonconformity to Barlean’s within 14 calendar days of taking possession or receiving Product at Customer’s destination address, whichever is sooner. If Customer does not notify Barlean’s of any Product damage, defect, discrepancy, or nonconformity within 14 days, Customer waives the right to return said Product. Provided, however, that for any nonobvious or latent or hidden damage, defect, discrepancy, or nonconformity that could not have been revealed via a reasonable inspection, Customer shall report the same to Barlean’s within 14 calendar days of either discovering such damage, defect, discrepancy, or nonconformity, or within 14 days of when the same could have been discovered by a reasonable inspection, whether actually discovered or not.
  4. Statute of Limitations; Statute of Repose. The Statute of Limitations for any claim relating to Product shall be one year from the date of alleged injury. The Statute of Repose for any Product shall be one year from the date the Customer takes possession of the Product or receives the Product at the Customer’s destination, whichever is sooner.
  5. Venue; Choice of Law. Regardless of any contrary choice of law provisions, this agreement is made under and shall be construed solely in accordance with the laws of the State of Washington and the federal courts therein. Venue shall only be proper in Whatcom County, Washington, and any applicable federal districts. Customer waives all defenses of lack of personal jurisdiction and forum non conveniens. The prevailing party in any action under this agreement shall be entitled to recover reasonable attorneys’ fees and costs.
  6. Entire Agreement. This agreement constitutes the entire agreement and understanding between the parties concerning the subject matter and merges and replaces any previous agreements, understandings, and representations.
  7. Warranties; Disclaimers. Barlean’s makes no warranties except as expressly stated in these Terms. Barlean’s warrants that it is the lawful owner of the Product before customer,that it may sell the same, and that the Product is free of any lien or encumbrance. The Product is sold “as is” with customer having a full opportunity to inspect before purchase or upon receipt. Barlean’s makes no other warranty, representation, or guarantee, express or implied, regarding the product. Barlean’s expressly disclaims any implied warranty of fitness for a particular purpose.
  8. Purchase; Payment terms. Customer shall pay the purchase price on the invoice in the currency stated on the invoice. Payment shall be due as the Parties agree and without discount for early payment. Unless expressly stated otherwise, all prices include shipping and taxes. Overdue amounts are subject to a finance charge of 1.5% per month or the maximum amount by law, whichever is lower, until paid in full. Customer shall be responsible for all costs and attorneys’ fees regarding any collection activity necessitated by Customer’s late- or non-payment.
  9. Privacy Policy. To process purchases, including online transactions, Barlean’s collects the following information about You from the following sources: information we receive fromYou on applications and other forms, including invoices; information about Your transactions with us, our affiliates or others; and information we receive from a consumer-reporting agency. Barlean’s may disclose the above information we collect about You to our affiliates, consumer reporting agencies, or companies that perform marketing services on our behalf or to other financial institutions with whom we have marketing agreements. Barlean’s website may use technologies like cookies and pixel tags to improve functionality, maintain security, personalize content, and improve service. These technologies provide Barlean’s information about Your IP address, location, browser type and version, and pages visited. If You access the Website via a mobile device, we may collect specific device information in Your mobile device’s “device identifier,” including information such as the type of device you are using, its operating system, mobile network information, physical location, and mobile phone number. Barlean’s uses commercially reasonable and industry-standard data safeguards to protect any information we collect. If You have questions about the security of information we collect, please contact us.
  10. Dispute Resolution. In case of a dispute regarding a purchase under this agreement, the party initiating the dispute must provide the other with written notice of the specific nature of the dispute and the relief requested. The receiving party shall have 30 days to review and respond to the Notice of Dispute. If the parties are unable to informally resolve the matter, their sole and exclusive means of dispute resolution shall be binding arbitration according to the rules of the Federal Arbitration Act (FAA). Both parties waive the right to a trial, by either a jury or judge. If sent to Barlean’s, any Notice of Dispute shall be mailed by certified mail to: “In-House Counsel at Barlean’s 3660 Slater Road Ferndale, WA 98248”.
  11. Return Policy. Customer may not return Product based on shelf life. Customer may only return Product due to damage or defectiveness or where there is a discrepancy or nonconformance with the invoice, per Section 3. The sole and exclusive remedy for returned Product shall be the replacement of the purchased Product with the same Product plus a store credit for any shipping costs borne by the Customer in timely returning damaged or defective Product. Barlean’s does not accept Product exchanges. Barlean’s will not accept returns for Product purchased on sale.
  12. How to Contact Us. If You have questions or comments, please contact customer service at 800-445-3529.
  13. Limitation of Liability. If Barlean’s breaches this agreement, Customer’s sole and exclusive remedy shall be the total amount of Product purchased that gives rise to the dispute. Customer waives any recovery for other damages including without limitation and whether foreseeable or not, any damages for indirect, consequential, special, or incidental damages, lost profits; or punitive damages.
  14. Change to Terms. Barlean’s reserves the right, in its sole discretion, to modify these Terms at any time by posting the modified or revised terms on its website at www.barleans.com without further notice to Customer. Because Barlean’s may change these Terms without notice to You, periodically check for modified Terms.

 

Rev. 11/18/15