TERMS & CONDITIONS
Welcome to hildegardseattle.com!
These Terms and Conditions (“Terms”) govern the Hildegard Ferments & Botanicals (“we,” “us” or “Company”) web site, hildegardseattle.com (the “Site”) on any device.
The Site is provided as a service to our customers. These Terms govern your use of the Site. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
Online Store Terms
By agreeing to these Terms you represent that you are at least 21 years of age. Persons under 21 years of age are prohibited from purchasing alcohol on this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and picking up alcoholic beverages from us is over the age of 21 and that pick up orders containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site.
If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington, United States. The courts of general jurisdiction will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and/or the Site or in which these Terms and Conditions and/or the Site are a material fact.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Terms Modification
We may modify this Terms and Conditions at any time by publishing a revised version on the Site. We reserve the right to update or modify these Terms at any time without prior notice. We encourage you to review the Terms whenever you use or access the Site.
By continuing to use the Site after the effective date of any modifications to Terms and Conditions, you agree to be bound by the modified terms.
On-site Information Accuracy
We do our best to ensure that information on the Site is complete, accurate, and current. However, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
No Shipping, Pick Up In-Person only
When an order is placed, it is put together for you for pick up from our Hildegard Ferments & Botanicals business location: 1150 NW 46th Street, Seattle, WA 98107. We do not ship any orders. Please note that we are open limited hours. We will hold your order for 2 months after you place your order.
Important: If you plan to have someone else pick up your order, you must list their name in the notes section of your order. If you do not list the name of the person who will pick up your order, we will have to turn them away.
All sales are final, no refunds. If you have an emergency and cannot pick up your order, please send us an email and we will figure it out.
Email Communication
By purchasing on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with Hildegard Ferments & Botanicals. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Order Confirmation
When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order.
We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We also may require verification of information prior to the acceptance and/or shipment of any order.
Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience. Your access to these third party websites is at your own risk, and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
Prohibited Uses of Site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products, or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts, and Passwords
You are responsible for the personal protection and security of any password or username you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.
Disclaimer of Warranty & Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. 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.
Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
Disputes
Considering the high cost of legal dispute, not only in dollars but also in time and energy, both you and Hildegard Ferments & Botanicals agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute, the party asserting the dispute shall first try to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 business days from the date of mailing to respond to the dispute. Notice shall be sent to: 1150 NW 46th Street, Seattle, WA 98107.
Unless you indicate otherwise in your notice, Hildegard Ferments & Botanicals shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
If parties are unable to resolve the dispute, it should be processed in accordance to the Jurisdiction section of the Terms.
Privacy
We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.
Contact Us
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us at hildegardseattle “at” gmail.com