TERMS AND CONDITIONS

Haven and Nature™ welcomes you to our website (Site), https://www.myhavenandnature.com. These Terms of Service are a contract between you and Haven and Nature™ (“the Company,” “we,” “our,” and “us”) (the “Agreement”).  We strongly advise you to take the time to carefully read our General Terms of Use and Conditions of Sale, disclaimers, and legal notices that are posted here and throughout this website. The Agreement governs your purchase and use of the Site, as well as any services provided to you by us.

PLEASE READ THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION INCLUDED BELOW, CAREFULLY BEFORE PROCEEDING.

1. DISCLAIMERS AND LIMITATION OF LIABILITIES

The information contained in this website is on an "AS IS" and "AS AVAILABLE" basis without any further representations or warranties of any kind. Any oral or written advice and/or information given by Haven and Nature™ nor its affiliated website https://www.myhavenandnature.com or any Haven and Nature™ partners, employees, designees, buyers, agents, vendors, suppliers, contractors (in short "Associates") does not constitute a warranty. The Agreement governs your purchase and use of the Site, as well as any services provided to you by us. 

Under no circumstances shall Haven and Nature™ nor its affiliated website is liable for any direct, indirect, incidental, special, or consequential damages that may result from your use of or inability to use the Haven and Nature™ website. This includes (but is not limited to) reliance on any information obtained from the Site which results in errors, damaged files, viruses, or failed performance. Moreover, neither the Site nor any Haven and Nature™ Associates guarantee that use of the Site will be uninterrupted or without errors.

Newsletters, Emails and Other Site Generated Content

 

All content on the Site, including archived newsletters, is for informational purposes only. Haven and Nature™ is not liable for any damages resulting from any actions taken because of its newsletter, emails, or other informational content. Haven and Nature™ nor its affiliated Site shall be responsible or liable for the accuracy, usefulness or availability of any information on the Site, newsletter and/or generated emails, and shall not be responsible or liable for any business or legal decisions based on such information. Please consult with a medical and/or health professional or seek the assistance or advice of an appropriate Professional entity as needed before purchasing any products.   

 

Website Use Outside of the United States

Most of our content is intended and governed by policies applicable and appropriate for users here in the United States. If you are a user accessing this site from a location outside the United States, you do so at your own risk. It is your responsibility to know and comply with any laws of your immediate jurisdiction.

Your Use of This Site


If you access this Site, you agree and guarantee that you are at least 18 years old or visiting the Site under the supervision of a parent or legal guardian.

 

Subject to the terms of this Agreement, we hereby grant you a limited, non-transferable, non-exclusive, revocable license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for products sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. This permission must be given in written format. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

Except as specified and permitted in the above paragraph, you may not change, copy,  translate, reproduce, display, distribute, sell, lease, transmit, undo , or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. Do not use information from this website without prior written permission from this company. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

 

Do not modify this site in any way including but not limited to, adding to, uploading, and/or taking down any information on the site. Do not put any information on the site to solicit, recommend and/or garner business for yourself and/or a third-party (this includes in the comments or feedback area). Do not upload or provide information that is malicious, threatening or could give rise to any civil or criminal liability under U.S. law; or (c) includes any bugs, viruses, etc.

 

If you are for any reason dissatisfied with the site, content, terms and conditions, disclaimers, and/or legal notices you agree that you will refrain from using the Site. Your use of https://www.myhavenandnature.com serves as your agreement and acknowledgement that you will follow our policies and agree to be bound by them.

Passwords

 

We may assign you or you may be able to create a password and account identification (e.g., username) to enable you to access and use certain portions of this Site.  If you access the website using a password and account identification you will be solely responsible for ensuring that each time it is used, you are the authorized person using these to access the site and are solely responsible for the purchases obtained through this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.  You are solely responsible for protecting the confidentiality and the security of the password and identification assigned to you or created by you.  You must immediately notify us via email (havenandnature@gmail.com)  of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

 

Terms and Conditions Subject to Change


Haven and Nature™ reserves the right to revise, change and/or update this website without notice. We also reserve the right to change this Agreement and/or any Haven and Nature Policies for future orders at any time, so please check back each time that you access this website.

 

2. PRODUCT INFORMATION

Pricing and Packaging

All items are sold as advertised on the website, and on a ‘As-Is’ and ‘As Available’ basis. Once purchased, all sales and purchases are final unless otherwise specified.  Prices of all purchased items, once submitted at check-out, are locked in for that particular purchase. However, Haven and Nature™ reserves the right to make changes to the selling prices at any time without prior notice.

Item Display/Description/Colors

Haven and Nature™ strives to present and describe each item as accurately as possible. However, because computer displays and monitor configuration may be different, we cannot guarantee that the color you see will match the actual product's color. In addition, pictures, which often come from the manufacturer, may slightly differ from the product title and/or description. Please read the product title and description fully, prior to purchase as this is the most accurate information relative to the product. We are not liable for slight differences found in the picture and the title and/or description of the product.

 

Typographical Errors

While Haven and Nature™ strives to provide product information as accurately as possible, typographical errors may occur. Haven and Nature™ reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions after an order has been submitted; regardless of whether or not the order has been confirmed and your credit card charged.

UPC Codes

Most of our items come with a UPC codes; however, we do not guarantee that all carry one. We will not be held liable for not providing UPC codes, misprinted codes or those that cannot be read by optical equipment.

Stock Supply

There is no guarantee that all items in your shopping cart will be available upon shipment of the order, as our stock is limited to what we have on hand. You order at your own risk, Please read the website clearly as postings may change to include statements such as “limited supply” or “out of stock” and be sure to read the quantity available in stock, prior to check-out. (Note: Out of Stock may also be indicated with a ‘0’ under number available).

3. PAYMENTS, CREDIT, AND REFUNDS

Payment Terms
 

· Payment Methods for U.S. Customers


We accept major credit cards (PayPal Credit card, Visa, MasterCard, Discover or American Express).

 

· Credit Card Payments


If you elect to pay online using a credit card, an immediate hold may be put on your credit card for the full amount of the order. Once your order is ready to be shipped, all credit card charges will go into effect. Please make sure your credit limit is sufficient to cover all payments. We are not responsible for any charges billed by your credit card company.

If your credit card is declined for any charge, your order will not be processed, and someone from Haven and Nature™ may contact you. If you have any questions regarding this, contact us at havenandnature@gmail.com.

Refunds and Returns

Please see our Shipping and Returns Policy, available at https://www.myhavenandnature.com.

Shipping Methods, Charges, Processing and Timeframes

We are in Oak Park, California. We ship Monday - Friday via USPS first class and priority mail.

We strongly recommend that you place your order online at https://www.myhavenandnature.com. However, if this is not possible, please contact us at and request assistance at https://www.myhavenandnature.com and we will see if we can assist you with the placement of an order.

 

For additional information, please see our Shipping and Return Policy, available at https://www.myhavenandnature.com.
 

Out of Stock


Haven and Nature™ tries to keep enough of every item in stock and update the Haven and Nature™ Site regularly. However, due to unpredictable order patterns, we may run out of some items from time to time. Out of Stock items may be indicated by a label and may also be indicated with a ‘0’ under number available).

Items that are labeled "Low Inventory" are at risk of not being available after ordering, as there are few items left and there might be orders pending. A representative of Haven and Nature™ may notify you of any backorders and may give you the option such as the substitution of items (in which case customers must submit a written request of changes before processing the order).

Please contact us at havenandnature.com to discuss options related to prepaid orders where items are out of stock and/or back ordered to discuss potential alternatives.

 

Order Changes and Cancellations

Please see our Shipping and Return Policy, available at https://www.myhavenandnature.com.

Order Tracking

Please see our Shipping and Return Policy, available at https://www.myhavenandnature.com.

Order Delays

Shipment of orders may be delayed if:


- We do not have complete and correct address information and/or proper delivery instructions.
- We do not have complete payment.
- Unforeseen emergencies or natural disasters occur.
- The order is submitted during peak or holiday seasons.

- Please see additional information regarding delays on our Shipping and Return Policy, available at https://www.myhavenandnature.com.

Returns

 
Please see our Shipping and Return Policy, available at https://www.myhavenandnature.com.

 

Lost, Damaged and/or Defected Merchandise

The customer is responsible for inspecting and counting the merchandise at the time of delivery. For additional information, please see our Shipping and Return Policy, available at https://www.myhavenandnature.com.

 

6. GENERAL CUSTOMER INFORMATION AND LIMITATION OF PRODUCT LIABILITY

· Legal Disclaimer

 

Content provided on this site is solely for informational purposes. Our goal is to show you accurate product information. Suppliers, manufacturers, and others provide what you see here, and we have not verified it. See our disclaimer.

 

Legal Disclaimer

Product packaging and material may contain different and/or more information from the website, including the product description, country of origin, ingredient, allergen, nutrition, and other information. Always read and follow labels, directions, and warnings, and other information provided with the product before using or consuming a product. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to prevent, diagnose, treat, or cure, any disease or health condition. Electronic devices may be subject to the Federal Communications Commission’s testing, equipment authorization, and device marking and labeling requirements. For additional information about a product, please contact the manufacturer.

 

·  California Prop 65 Cancer and Reproductive Health Warning


The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as “Proposition 65,” requires entities doing business in California to provide warnings to consumers about significant exposures to chemicals that have been identified by the state to cause cancer, birth defects or reproductive harm. In 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) promulgated new consumer warning regulations that take effect on Aug. 30, 2018 (27 Cal. Code Reg. Section 25600 et seq.).

For more information, go to: www.p65warnings.ca.gov/

· Flammability/Combustibility Warning

 

Clothes, furniture, and other things stained with items containing certain ingredients purchased on this site (for example, essential oils, perfumes/colognes, deodorant sprays) may be flammable and washing may not remove all residues. Please read all manufacturer ingredients, instructions, and warnings prior to use. The CPSC recommends washing clothing, rags or other material saturated with any substance found on this site more than once and then hanging to dry to avoid spontaneous combustion in a dryer.  Haven and Nature™ is not responsible for fires or fire-related damages caused by use of our products!

 

· Your Privacy Rights


Privacy Statement

All customer information is exchanged and stored in a secure location. Haven and Nature™ does not sell or disclose shared online information to third parties.

 

For additional information, please see the Privacy Policy located at https://myhavenandnature.com.

 

· Uncompleted Order Follow-up Emails


If you leave items in your cart without purchasing or deleting them, Haven and Nature ™ reserves the right to send you weekly or bi-weekly reminder emails for a period of up to 30 days. Items left in the cart unpurchased may be removed as early as three days and up to 30 days.  

 

· Mandatory Arbitration

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY:  This Section impacts how legal claims arising under this Agreement are resolved. Under the terms of this provision (the “Arbitration Provision”), and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with this provision if you or we elect it.  If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person.

 

Definitions

  • The terms “Company,” “we,” “us” and “our,” solely as used in this Arbitration Provision and in addition to the meaning set forth above, also refer to our employees or affiliated persons and assigns.

  • “Claim” means any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement or your purchasing of products from the Site, whether related to the product(s)’ quality, representations about the product(s), information you entered into the Site, or otherwise.  The term Claim is intended to be interpreted as broadly as permitted under applicable law.  

Agreement to Arbitrate Claims:  Except if you opt out as provided below, both you and the Company may elect to arbitrate any Claim.  This means that by agreeing to this Agreement, you waive your right to sue us in Court, except if you opt out as provided below.

Electing Arbitration:  If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”).  Your Notice to us shall be sent to via mail (please contact us to get the address, via email at havenandnature@gmail.com. Notice to you shall be sent to the most recent address for you in our files, or to the email address we have on file for you.  If you purchased the products for resale, any arbitration will take place in an area designated by the Company, unless you and the Company agree otherwise.  If you purchased the products as a consumer (i.e., as an end-user of the products), any arbitration will take place in any venue in which a federal court would have jurisdiction over your Claims, unless you and the Company agree otherwise.   If a party files a lawsuit in court asserting a Claim and the other party elects arbitration, such Notice may be asserted in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiff in a lawsuit filed in court).  After arbitration is compelled by a court, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator specified in this section.

Arbitration Costs:  We will pay the filing, administrative and/or arbitrator’s fees (“Arbitration Fees”) that we are required to pay pursuant to the arbitrator’s rules or the law.  With respect to Arbitration Fees that you are required to pay under the arbitrator’s rules in connection with an individual arbitration you have commenced against us or that is compelled by a court, you are responsible for said fees.

Arbitration Administrator and Rules:  The party electing arbitration must choose between one of two administrators: (1) the American Arbitration Association (“AAA”), or (2) JAMS.  The rules or codes of procedures in effect at the time the arbitrator is elected that apply to the claims (for example, the AAA or JAMS consumer rules will apply to your claim if you are a consumer) will apply to the arbitration, and these rules are incorporated into this Agreement to the extent they are consistent with this Agreement.  You may obtain a copy of the rules/codes, and more information about initiating an arbitration, by (1) contacting AAA at 1-800-778-7879 or visiting www.adr.org, or (2) contacting JAMS at 1-800-352-5267 or visiting www.jamsadr.com.  The arbitrator is bound by the terms of this Agreement.  If neither AAA nor JAMS can serve, the parties may agree on another administrator, or a court may appoint one.

What Law the Arbitrator Will Apply:  The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings.  The arbitrator will, however, apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.  In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act (FAA), that would apply if the matter had been brought in court.  The law of the presiding State applies to this Agreement, and will be applied by the arbitrator, as set forth above in the Choice of Law section above.

The Arbitrator’s Decision and Award:  At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision.  The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court.

Effect of Arbitration Award; Appeal:  The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act.

Federal Arbitration Act:  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

Class Action Waiver: If either you or the Company elect to arbitrate a Claim, neither you nor the Company will have the right:  (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually.  The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any Claims and is non-severable from this Arbitration Provision.  If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.  The Arbitration Provision, however, shall remain valid with respect to all other Claims.  The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Conflicts; Severability; Survival:  This Arbitration Provision is intended to be broadly interpreted. In the event of a conflict between the provisions of this Arbitration Provision and the AAA or JAMS rules, or any other terms of the Agreement, the provisions of this Arbitration Provision shall control.  If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver.  This Arbitration Provision shall survive the termination of any relationship between us, including the termination of the Agreement.

Right To Opt Out of This Arbitration Provision:  This Arbitration Provision will apply to you and the Company and to all Claims as of the date you become bound under this Agreement, unless you opt out by providing proper and timely notice.  To opt out, you must send us a written notice including your name, the purchase or invoice order number of the purchase that this Agreement governs, and a statement that you do not wish to be governed by the Arbitration Provision in this Agreement (the “Opt Out Notice”).  To be effective, your written Opt Out Notice must be (1) sent to us by first class mail please contact us and receive our response via email (havenandnature@gmail.com) prior to submitting your written notification by mail for correct address; (2) include the information set forth above; and 3) be signed by you.  We must receive your Opt Out Notice within ten (10) days after the date of the purchase that this Agreement governs.  Your decision to opt out will not affect any other provision of this Agreement.

Limitation of Claims : You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.  This provision only applies if you purchased products from the Site for resale to others (that is, it does not apply to consumer transactions). Proof that the purchase was obtained for resale purposes will need to be provided in order to utilize this provision.

Severability: If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

7. SITE USE
 

· Haven and Nature ™ is not liable for the conduct, whether online or offline, of any user of the Site.

Haven and Nature ™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of email or media players on account of technical problems or traffic congestion on the Internet or at the website, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site.

 

· User Agreement & Acknowledgement


By accessing and using the Haven and Nature ™ website, you agree that your access and use of this website is subject to these terms and conditions, as well as all laws that apply, as governed and interpreted pursuant to the laws of the state of California, United States of America.

 

In order for you to complete the submission of an order, you will be required at checkout to click the box stating that you agree to all policies and terms and conditions related to this Site.  

 

 

Last Updated- September 2020

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