TERMS AND CONDITIONS OF SALE
Last Updated: May 1, 2020
PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM MOUNTAIN MOMMA ORGANICS (MMO). THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, AND IN MMO’S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS.
- Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
- Pricing and Availability
All prices for products (and the associated costs of shipping) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that shipping may be adjusted from the amount shown on the payment screen if expedited shipping is requested or other reasonable factors impact the shipping cost. We currently ship to locations in the continental United States only. Please feel free to contact us to discuss purchasing options if you reside outside of that territory. Coupons and coupon codes only apply to shipment within the contiguous US.
- Payment Terms
MMO currently accepts PayPal, COD, and all major credit cards. Other payment options may be available by calling us. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including shipping, handling, and taxes as applicable) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order will be cancelled by us. Call us to discuss other options if required. Gift Cards may also be used toward the Cart Total, but they cannot be used toward shipping.
- Sales Tax
We automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within West Virginia. Each customer is solely responsible for all sales taxes or other taxes on orders shipped to any other location.
- Shipping Terms and Policies
We endeavor to ship all orders for in-stock items within three to five business days. Standard shipping is typically via USPS and you should allow three to six business days for standard delivery once an order has been shipped. If expedited shipping is required, please contact us by phone prior to placing your order to discuss options. At this time we ship to all 50 states, however free shipping offers do not apply to locations outside the continental United States. Shipping charges are your responsibility, unless waived by MMO. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point, which means ownership of the products passes from MMO to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped. In most instances, USPS parcels that we ship include up to $50 in free insurance coverage and UPS shipments include up to $100. Additional shipping insurance may be purchased on your behalf if you notify us when placing your order of the additional insurance amount you wish to have on the shipment, which typically costs only a few dollars. Please contact the carrier and MMO immediately if your items were damaged during shipment. Larger parcels usually ship via UPS. Please note that UPS does not deliver to PO boxes.
- Back Orders
If for some reason an item on your order is temporarily out of stock, we will contact you and usually hold your order until all items are ready to ship. Please be aware that our herb infused honeys are made in very limited quantities and delays of several weeks are not atypical. Please call us to discuss special needs.
- Return Policy
When you shop with us, we want you to be completely satisfied. If for any reason you are not satisfied with your purchase, you may return the product within fifteen business days for a replacement or refund of the purchase price (not including shipping). Please contact us by phone or email for return instructions. Return shipping charges are borne by the purchaser unless waived by MMO. If your order is incomplete, incorrect, or damaged, please contact us immediately via email or call us at (304) 477-4100.
Thank You: Kim and Keith Finger
Mountain Momma Organics
827 MacFarlan Creek, MacFarlan, WV 26148-9600
Telephone: (304) 477-4100
Email: [email protected]
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the internet site or other places is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by MMO is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund the amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
- Ownership and use of website material
All of the content you see on the Website, including all of the page headers, images, illustrations, graphics and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Mountain Momma Organics or by third parties who have licensed their materials to MMO. The content of the Website is intended solely for personal, noncommercial use by the users of the site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way or delete or change any copyright or trademark notice. Mountain Momma Organics reserves complete title and full intellectual property rights in any content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content without first obtaining written permission from MMO.
- Limitation of Liability
MMO WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, MMO’s LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MMO products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM MMO RELATING TO THE PRODUCTS YOU PURCHASE. MMO MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY MMO “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
- Governing Law; Venue
These Terms and your purchase of products from MMO’s through the Site shall be governed and construed in accordance with the laws of the State of West Virginia, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located within West Virginia and nearest to Ritchie County, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
WE SINCERELY THANK YOU FOR YOUR INTEREST IN OUR PRODUCTS AND INVITE YOU TO CONTACT US DIRECTLY IF YOU HAVE FURTHER QUESTIONS, COMMENTS, OR CONCERNS.