Agreement between user and www.oikostreecrops.com
Welcome to www.oikostreecrops.com. The www.oikostreecrops.com website (the “Site”) is comprised of various web pages operated by Oikos Tree Crops, LLC www.oikostreecrops.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.oikostreecrops.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.oikostreecrops.com is a E-commerce Site
The purpose of the website is to make available new types of food plants for people to grow and eat. We offer plants, roots, seeds and tubers of edible and some non edible plants. Not all plants and/or seeds may be available in your state or country due to phytosanitary restrictions. Once purchased, shipped and planted you are the responsible party for said plants or seeds in your location even if that plant is considered to have some sort of undesirable characteristic. By purchasing plants and seeds from us you are the responsible party for their proper use or lack thereof. If through direct purchase or some other means, the plants or seeds you receive currently are, or are becoming or have been or will be designated as weeds, invasive species or some other governmentally regulated category based on their perceived nature of what they may or may not harbor, then this falls upon your responsibility to take those actions which you deem appropriate to your situation and environmental usage. These are your liabilities and not Oikos Tree Crops,llc. and you agree to this when you purchase plants through our website and/or catalog.
Visiting www.oikostreecrops.com or sending emails to Oikos Tree Crops,llc constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Oikos Tree Crops,llc is not responsible for third party access to your account that results from theft or misappropriation of your account. Oikos Tree Crops,llc and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Oikos Tree Crops,llc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.oikostreecrops.com only with permission of a parent or guardian.
Cancellation/Refund Policy——————See New Guarantee For Specific Details on Returns and Replacements for fall 2020 and 2021. https://oikostreecrops.com/about/plant-care-instructions-and-guarantee/
For a refund, the order has to be returned to us within 7 days of receipt. If the customer does not want the product after he/she has received it we will have UPS pick up the plants and return them to us. Once returned we will refund your order. Planting means acceptance of the order and no refunds will be given after planting. Shipping cost is always non-refundable. There is no replacements past one week. We no longer offer a 90 day growing season guarantee starting in 2020 going through May 24, 2021. Also 100 percent non refundable: seeds and international orders for seeds. All Cancellations: Orders can be cancelled and refunded fully without penalty if done 2 weeks prior to shipping. Plants are sold as is . Sizes may vary and may be slightly larger than advertised or slightly smaller. We will not refund plants you might deem smaller. We may substitute a potted plant for a field plant of the same type to finish your order in a timely fashion but we do charge additional for this. By agreeing to these terms you do not have the right to re- evaluate size discrepancies. Our nursery does make substitutions of different products. Damaged in shipping means we will automatically reship your order after a claim has been made with the shipper. The customer has to initiate this and be part of this process. If the shipper cannot verify the damage, then we cannot refund the order.
Links to third party sites/Third party services
www.oikostreecrops.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Oikos Tree Crops,llc and Oikos Tree Crops,llc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Oikos Tree Crops,llc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oikos Tree Crops,llc of the site or any association with its operators.
Certain services made available via www.oikostreecrops.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.oikostreecrops.com domain, you hereby acknowledge and consent that Oikos Tree Crops,llc may share such information and data with any third party with whom Oikos Tree Crops,llc has a contractual relationship to provide the requested product, service or functionality on behalf of www.oikostreecrops.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Oikos Tree Crops,llc or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Oikos Tree Crops,llc content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Oikos Tree Crops, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Oikos Tree Crops, LLC or our licensors except as expressly authorized by these Terms.
Oikos Tree Crops including the oak leaf logo is a registered trademark No. 4,702,112 for live plants, excluding pumpkin or squash. Registered March 17, 2015. Everything under the Oikos Tree Crops Ecos selection product line is trademarked and refers to certain seed and plant selections related to our own plant breeding using open pollination. No one can sell these plants as nursery stock or seeds under our name without written permission. To do so is unlawful and will be prosecuted under the full extent of the law.
The Service is controlled, operated and administered by Oikos Tree Crops,llc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Oikos Tree Crops, LLC Content accessed through www.oikostreecrops.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
All plants and many seeds are prohibited for international sales. Ordering them and then having a third party ship them to you or taking them physically across the border is a 100 percent illegal activity: all of which Oikos Tree Crops is not responsible for if you are apprehended and convicted of violating plant phytosanitary restrictions of your country. We are not responsible for your own negligence or ignorance on import restrictions. You agree to this when you check out using our website. We are not an enforcement agency preventing you from going around the law.
You agree to indemnify, defend and hold harmless Oikos Tree Crops,llc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Oikos Tree Crops,llc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Oikos Tree Crops,llc in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OIKOS TREE CROPS,LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. OIKOS TREE CROPS,LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
OIKOS TREE CROPS,LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
PLANTS AVAILABLE TO YOU FROM OIKOS TREE CROPS,LLC MAY NOT BE CONSUMABLE TO YOU BASED ON YOUR OWN PHYSIOLOGY OR OTHER DIETARY AND MEDICAL CONDITIONS OF WHICH WE HAVE NO CONTROL OVER. WE ARE NOT RESPONSIBLE OR LIABLE FOR UNKNOWN CONSEQUENCES OF THEIR CONSUMPTION AND MEDICAL RESPONSES.
Oikos Tree Crops,llc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oikos Tree Crops,llc as a result of this agreement or use of the Site. Oikos Tree Crops,llc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oikos Tree Crops,llc’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Oikos Tree Crops,llc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Oikos Tree Crops, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Oikos Tree Crops, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Accepting the Terms and Conditions, Your Purchase and Your Responsibility: We supply plants and seeds all of which may or may not be acceptable to the county, state or country you live in. It is your responsibility to research and finally decide on your selection and not Oikos Tree Crops when you make your purchase from our website, mail or phone. The website (catalog) provides general information but may be different for your environment, location, climate and even your own individual physiology when you consume the fruit, nut, tuber or perennial vegetable. For that we leave it up for you to judge the characteristics of the plants you now own and how to best cultivate it. This is your responsibility of which we are not liable for.
Changes to Terms
Oikos Tree Crops, LLC reserves the right, in its sole discretion, to change the Terms under which www.oikostreecrops.com is offered. The most current version of the Terms will supersede all previous versions. Oikos Tree Crops,llc encourages you to periodically review the Terms to stay informed of our updates.
Oikos Tree Crops, LLC welcomes your questions or comments regarding the Terms:
Oikos Tree Crops, LLC
PO Box 19425
Kalamazoo, Michigan 49019-0425
Email Address: email@example.com
Telephone number: 269-624-6233