Ripen Company Terms of Service
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE (THE “PRODUCTS”), YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE (COLLECTIVELY, THE “TERMS” OR THESE “TERMS”).
The Terms apply to the purchase and sale of Products through www.ripencompany.com (the “Site”). These Terms are subject to change by Ripen Company (referred to as “Ripen Company,” “us,” “we” or “our” as the context may require) without prior written notice at any time and from time to time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation.
- You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the applicable Products to you. We may choose not to accept any orders in our sole discretion and for any reason or no reason. After having received your order, if we accept your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Ripen Company and you will not take place unless and until you have received the applicable order confirmation email, if any.
- You have the option to cancel your order at any time before 12:01 a.m. Pacific Time on your scheduled delivery date by emailing Ripen Company at firstname.lastname@example.org, provided that you will only be entitled to a 50% refund for cancellations made not more than one week prior to 12:01 a.m. Pacific Time on your scheduled delivery date. Cancellations made after 12:01 a.m. Pacific Time on your delivery date will not receive a refund. Cancellations made prior to one week in advance will receive a full refund, minus a 10% processing fee.
- In the event that (a) a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers or (b) you have chosen an incorrect delivery option based on the delivery address and do not wish to accept an increase in delivery fee, we shall have the right to decline or cancel your order, whether or not the order has been confirmed and/or your credit card charged. If your credit card has been charged for the order and we cancel your order, we shall immediately issue a refund to your credit card. You agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that we (i) issue a refund to your credit card in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (ii) not charge your credit card for the cancelled portion of the order.
- Prices and Payment Terms.
- For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order, the delivery fees for the delivery service you select, and any applicable taxes, and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. All payments are non-refundable except as expressly set forth in this Section 3. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
- All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery. All such taxes and charges will be added to your order total and will be itemized in at checkout and in your order confirmation email.
- Terms of payment are within our sole discretion. We accept all major credit cards for all purchases. By submitting an order and attempting to pay for it with a credit card, you represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for delivery of the Products to you. Please check the Delivery and Availability page for specific delivery options. You will pay all delivery charges specified during the ordering process. You are responsible for choosing the appropriate delivery option based on your address. Should you select an incorrect delivery option based on your address, Ripen Company may, in its sole discretion, either (i) cancel your order upon providing you with notice thereof at the email address you provided or (ii) contact you to correct the delivery option, provided that you agree to pay the difference between the correct deliver option and the option selected.
- Title and risk of loss pass to you upon our transfer of the Products to the delivery address specified by you. If no one is home or at the office to accept the delivery during the requested delivery window, we will return the Product to our kitchen, located at 1750 Cesar Chavez, Unit E, SF CA. In such case, you will be responsible for either (i) arranging with Ripen Company in advance to pick up the Product at our kitchen or (ii) rescheduling delivery for a $50 fee.
- We will do our best to deliver the Products on your selected delivery date. However, delivery dates are estimates only and cannot be guaranteed, and we are not liable for any delays in shipments.
- If we are unable to deliver your arrangement on the day that you requested, or have any delivery issues, Ripen Company will contact you to reschedule your delivery for a date when the recipient will be able to receive the arrangement.
- Returns or Refunds.
- You may cancel your order and receive a full refund up to one week prior to 12:01 a.m. Pacific Time on your scheduled delivery date. Cancellations thereafter shall entitled you to receive only a 50% refund. Once your order has been delivered, your purchase is final and nonrefundable. No Product may be returned or refunded except as outlined in Section 5(b) below.
- If, upon Ripen Company’s receipt of a photograph showing damage to the Product from you within 3 days of delivery, Ripen Company determines that the Product was delivered damaged (the “Damaged Product”) and that notice thereof was properly delivered, Ripen Company may, at its sole discretion, provide a full or partial refund to you. You agree that such refund shall be your sole and exclusive remedy for a Damaged Product. To the extent you elect to return the Product to Ripen Company, you may deliver the items to 1750 Cesar Chavez, Unit E, SF CA. We do not guarantee that we will accept the return of any item.
- Governing Law and Jurisdiction. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Ripen Company agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within San Francisco County, California, for the purpose of litigating all such disputes.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 8 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ripen Company.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of god, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us by electronic mail transmission to email@example.com. We may update the electronic mail address for notices to us by posting a notice on the Site. Notice shall be deemed effective upon receipt if receipt is confirmed during Ripen Company’s normal business hours (or, if received after normal business hours, then the next business day).
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Last Updated: [02/10/2020]