ORGANIC MALL | THE HEALTHIEST SHOPPING ON EARTH

Organic Mall Conditions of Use

Organicmall.com and it's Advertisers provide their services to you with the following conditions. As such, please read these Conditions of Use carefully. By accessing the Organicmall.com website, you are agreeing to the terms that appear below. If you have any questions about the Shopper’s Agreement, please contact us by email.

1. Introduction and General Conditions

2. Use of Organicmall.com

3. Electronic Communications

4. Hyperlinks

5. Disclaimers

6. Privacy Policy

7. Contributing Comments, Communications, and Content

8. Changes to these Conditions of Use

9. Choice of Law and Jurisdiction; Dispute Resolution

10. Trademarks and Copyright Policy

11. Orders/Shipping/ Handling/Tracking/Returns, etc.

12. The OrganicMall.com Guarantee

1. Introduction and General Conditions. This site is owned and operated by Organic Mall, Inc., a Texas corporation (hereafter referred to as “Organic Mall”). All content on this site belongs to Organic Mall and/or its licensors and content providers as outlined in our Copyright Policy. Organic Mall reserves the right to suspend or terminate your access and use of this site at any time. We may exercise this right with or without notice. If applicable, notice will be given to your email address as notified to Organicmall.com. In this event, notice will be deemed to be served as soon as possible after transmission or posting. Views expressed on the Organicmall.com and affiliated or linked web pages are not necessarily those of Organic Mall. Our best effort is made to check accuracy of statements made, but no guarantees are expressed or implied. Organic Mall discount codes do not apply to Organic Mall's check out cart on Shipping Rates or Texas State Taxes, and our advertiser's websites.

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2. Use of Organicmall.com. We agree to use our reasonable endeavors to maintain this site in a fully operating and error free condition. As this cannot be guaranteed, we cannot accept responsibility for any defects that may occur or for any loss of profits, loss of data, costs or any consequential losses arising from your use or inability to use this site. Your participation and dealings with and interest in any form in promotions, services, offers of merchants, advisors, consultants, providers, agents and associates found on or by this site, unless explicitly stated by us, are solely between you and the person with whom you are dealing. Should any dispute arise between you and such other party, we may assist you at our discretion, but shall not be responsible for any loss, costs or damages that may arise from any such dealings. You shall at all times use this site in such a way that ensures full compliance with all applicable laws and regulations.

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3. Electronic Communications. When you visit Organicmall.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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4. Hyperlinks. This site contains hyperlinks or other references to third party websites (Also called Affiliates OR Advertisers) that Organic Mall does not own or operate. Such hyperlinks are provided for your reference only. Organic Mall makes no warranties or representations regarding the availability of, or the content located on or through third party sites and will not be a party to, or in any way responsible for, any transaction or concerning goods or services available from such third party sites. Organic Mall does not endorse, sponsor, or review the content contained at the third party sites to which hyperlinks on the Organicmall.com site is directed, nor does Organic Mall represent that such third party sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, Organic Mall does not accept any responsibility or liability for content contained at such third party sites. Likewise, the parties who own, control, or operate the third party sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this site. If you have a question about these third party sites, please contact them directly; including, but not limited to www.climatecrisis.net and www.meetup.com. OrganicMall.com takes no responsibility for the business practices of our affiliate's +/or advertiser's website. Please research each of our affiliate's +/or advertiser's website thoroughly before conducting business with them. Organic Mall discount codes do not apply to our advertiser's websites.

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5. Disclaimers.

A) General. The content on this site is only for your general information and use. Organicmall.com pages are meant strictly for information purposes to those seeking retailers, wholesalers, manufacturers, providers of or information about organic, natural, biodynamic & earth-friendly [green] products and services. The information on Organicmall.com pages is provided as a courtesy. Organicmall.com expressly disclaims any representation, or warranty, express or implied, concerning the accuracy or completeness of any information contained, or products, or services provided, herein. Persons accessing this information assume full responsibility for the use of the information and understand that Organic Mall and it’s owners are not responsible or liable for any claim arising from the use of the information. Organic Mall content does not constitute any form of advice, recommendation or arrangements, and is not intended to be relied upon by users in making or refraining from making any specific health, investment, or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on the site are at your sole risk and responsibility.

B) No Warranties. Because of the number of sources from which Organic Mall obtains content and the nature of electronic distribution via the internet, Organic Mall does not give any warranties in respect of the site, content, software or services available through the site.

This site is provided by Organic Mall, Inc. on an "As Is" and "As Available" basis. Organic Mall, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. We appreciate being advised by users if they find errors or problems with the site, so we can promptly correct them.

You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Organic Mall, Inc. disclaims all warranties, express or implies, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Organic Mall, Inc. does not warrant that this site, its servers, or email sent from Organic Mall, Inc. or OrganicMall.com, or its advertisers are free of viruses or other harmful components.

Organic Mall, Inc. cannot, and does not make any warranty of any kind concerning the quality or suitability of merchandise and services advertised in third party advertiser, merchant or manufacturer websites, as it has no control over the content on these websites or the availabitity of merchandise or services ordered by the user. You are, however, entitled to certain warranty and customer service rights under federal and many state laws, which make the third party merchant or manufacturer liable to you for warranty claims. In case of a warranty claim, please contact the third party merchant or manufacturer directly at its address shown on its website.

C) Limitation on Damages; Exclusive Remedy. To the full extent allowed by applicable law, you agree that Organic Mall, Inc. will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of the terms by Organic Mall, even if Organic Mall has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability. In the event Organic Mall is found liable to you for damages, you agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at Organic Mall’s election: 1) first a refund of the amount you paid if any in total during the month in which the damage is first incurred, less any reasonable allowance for complying services; or, 2) correction or replacement of the service. All limitations will apply to all legal and equitable theories.

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6. Privacy Policy. Organic Mall takes the privacy of its users seriously. It is committed to safeguarding your privacy. We collect information automatically about your visit to our site. The information obtained includes demographic data and browsing patterns, and is used in aggregate form to: a) build up marketing profiles;`b) aid strategic development; c) manage our relationship with advertisers; and, 4) audit usage of the site. Any information collected will be for the internal use for stats purpose only. It will never be given, lent, rented, bartered, or sold to any third party outside of Organicmall.com and its advertisers, except that we may disclose personal information when required by law or in the good-faith belief that we must disclose such information in order to conform to the law or comply with a subpoena or other formal request. Organic Mall may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third parties, but these statistics will NOT include any personal identifying information.

A) Cookies. Cookies are small pieces of information that are stored by your browser on your computers hard drive. We may use cookies to store visitor preferences, record session information, record user specific information on what pages and departments and sections user access or visit. We do not make use of HTTP cookies. However, once you register on our site, your personal information will be stored in these cookies.

B) Consent and Notification of Changes. By using Organic Mall's website you consent to the collection and the use of this information. If we decide to change our Privacy Policy, we will post those changes on the collection of information to this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. If we decide to change our Privacy Policy, we will post these changes on the site. Organicmall.com reserves the right to change or modify this Privacy Policy at any time without notice to you.

C) Links – Other Privacy Policies. This site contains links to other sites. Organicmall.com is not responsible for the privacy practices or the content of such websites. If you have a question about the privacy policy of those websites, please contact them directly; including, but not limited to www.climatecrisis.net and www.meetup.com. OrganicMall.com takes no responsibility for the business practices of our affiliate's +/or advertiser's websites. Please research each of our affiliate's or advertiser's websites thoroughly before conducting business with them. Organic Mall discount codes do not apply to our affiliate's or advertiser's websites.

D) Tell A Friend. We request contact information like the name and email address of our users’ referrals, friends, or family members whom they think would be interested in receiving the Organicmall.com information. The persons referred to us receive an Organicmall.com email only. There is no membership involved.

E) Contact Us. If you have any questions about our Privacy Policy or our site practices please contact us by email.

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7. Contributing Comments, Communications, and other Content. Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Organic Mall reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant Organic Mall and its affiliates [advertisers] a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Organic Mall and its advertiser's websites and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Organic Mall or its affiliates [advertisers] for all claims resulting from content you supply. Organic Mall takes no responsibility and assumes no liability for any content posted by you or any third party.

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8. Changes to these Conditions of Use: Organic Mall reserves the right to change or modify these Conditions of Use at any time without notice to you. Please read these conditions carefully, as you are bound to comply with the provisions herein.

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9. Choice of Law and Jurisdiction; Dispute Resolution.

A) Law. Texas law shall govern all use of this site, regardless of the location or citizenship of the user. By using this site, the user consents to the exclusive jurisdiction and venue of the appropriate state court in Travis County, Texas or the federal jurisdiction for Austin, Travis County, Texas for federal issues, such as copyright, patent and trademark infringement claims. The user agrees that it will not institute legal actions against Organic Mall, Inc., in any other court or administrative body, without the express prior written permission of Organic Mall, Inc., and that if the user violates this provision, the user shall be liable for all legal fees and costs incurred by Organic Mall, Inc., in removing the case to an agreed Court.

B) Dispute Resolution. Any dispute relating in any way to your visit to Organicmall.com or any other the Organic Mall Site(s) shall be submitted to confidential mediation in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate Organic Mall’s intellectual property rights, Organic Mall may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. In the event mediation is unsuccessful, then such dispute shall be arbitrated in Travis County, Texas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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10. Trademarks and Copyright Policy.

A) Trademarks. The Organic Mall word mark, the sun and mountain design, and other Organic Mall graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Organic Mall, Inc., Organicmall.com, or its affiliate's +/or advertiser's websites in the U.S. and/or other countries. Organic Mall’s trademarks and trade dress may not be used in connection with any product or service that is not Organic Mall, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Organic Mall services. All other trademarks not owned by Organic Mall or its affiliate's +/or advertiser's websites that appear on this site, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Organic Mall, Inc. or its affiliate's +/or advertiser's websites.

B) Copyright Policy. All content on the site is the property of Organic Mall, Inc and/or its licensors and content providers and is protected by applicable domestic and international copyright laws. You may retrieve and display content from the site on a computer screen and print individual pages on paper for your personal, non-commercial use. Unless expressly permitted elsewhere in the site by Organic Mall, you may not reproduce, modify or in any way commercially exploit any of the content. Any rights not expressly granted to your herein are reserved.

C) Making Claims of Copyright or Intellectual Property Infringement. OrganicMall.com requires respect of all intellectual material on our website from our affiliates, advertisers and our customers. We reserve the right at any time to terminate the accounts of users that violate this guideline. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide OrganicMall.com with the following information:

1. A signature of the person authorized to act on behalf of the owner of the copyright.

2. A description of the copyrighted work subject to the infringement.

3. A description of where the infringed upon material is located on the website.

4. Your address, telephone number and e-mail address.

5. A written statement by you expressing why the disputed use is not authorized.

6. A statement by you, made under penalty of perjury, that the information included in your correspondence is true and correct and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Please send all information complete and signed to the following address:

By Mail:

Organic Mall, Inc.

P.O. Box 201747

Austin, TX 78720-1747

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11. Placing An Order / Credit Card Safety / Delivery Date & Time / Holiday Schedule / Shipping & Handling Cost / Tracking An Order / Out Of Stock & Backordered Products / Returns & Exchanges / Cancel An Order / Texas Sales Tax

"We will do whatever it takes to satisfy every customer, everyday, every visit!"

A) Placing An Order. OrganicMall.com is a distributor for a company who offers us over 5000 organic, natural & green products to sell at retail or sometimes below manufacturer's suggested retail price. Once we receive your order we will send it over to this company's warehouse where they will pack your order within 3 business days and have the mail carrier pick it up Monday-Friday excluding weekends & holidays.

We only ship to the 48 contiguous United States by Standard Ground using UPS. At this time, we do NOT ship internationally due to the international documents that are required per the United States' laws. For Alaska, Hawaii & US territories or military installations, packages will arrive by Priority Mail using United States Postal Service (USPS). For packages delivered from USPS, we are unable to give you your shipping cost at time of checkout but if you would like to know your shipping cost before confirming your order, you can visit USPS.com. After your products are packaged and shipped your credit card will be billed separately for USPS shipping cost.

Instructions to calculate your postage at USPS.com:

1. Click on 'Calculate Postage'. Located at the top in the red bar on their homepage.

2. Click on 'Calculate Domestic Postage'.

3. Select a Shape. Click on 'Package'.

4. Enter the total weight of your products.

5. Enter 'From Zip Code' 97021 / To Zip Code

6. Click on 'Parcel Post', Additional Postage May Apply.

7. Click on 'Add Extra Services'

8. Protection in Transit - Click on 'Insurance'. The Amount of Insurance is the total cost of your products. Click on 'Add'.

B) Credit Card Safety. At Organicmall.com your personal & financial information is very protected with RapidSSL. OrganicMall.com utilizes the most technologically advanced interfacing software to protect your personal & financial information. We feel that this company is the very best available at this time. As technology advances for security so will Organicmall.com. This ensures that our shopping cart and our checkout process is safe & secure for everyone shopping at all times including OrganicMall.com's staff. All sensitive information will be kept private; such as account and payment information. Your CVV number & information on your credit card is deleted instantly from our database and is sent directly to our bank's gateway which is very protected with them too. (PLease see Credit Card Protection & Privacy below for more information)

C) Delivery Date & Time. Please do not place an order if you need your products sooner than stated in these terms. Orders will arrive within 5-7 business days from day of departure. Please allow up to 14 days excluding weekends & holidays for us to process, pack and ship your order. If you do not receive your order within this time frame please contact us and the Organic Mall Team will be happy to personally track it for you. We do not ship overnight or 1-3 day air. When you place your order and request your package to arrive on a certain day or time it is up to the mail carrier when they will deliver your package to your shipping address. You may make a request but OrganicMall.com can not guarantee an exact delivery day or time. OrganicMall.com will be unable to give you a refund regarding delivery day & time requests. OrganicMall.com, and you agree that OrganicMall.com will not be liable for any damages arising from delivery delay. By accepting these terms, you acknowledge OrganicMall.com will not be held accountable for delivery delays occasioned by uncontrollable circumstances.

D) Holiday Schedule: 'Our Store' will be closed on the following dates. You may place an order but it will be packaged and shipped when we return.

New Year: Jan. 1 & 2
Spring Inventory: Second week in April
Memorial Day: May 26
Independence Day Vacation: First week in July
Labor Day: Sept. 1
Fall Vacation: First week in October
Thanksgiving: Nov. 27
Winter Holiday Vacation: Last week in December

E) Shipping & Handling Cost is based on UPS rates and due to different packaging materials & weight we have to charge an additional $3 to each order to cover these costs. If the cost is more and not exceeding 10% of your product order OrganicMall.com will absorb the extra cost.

F) Tracking An Order. Please contact us if you have not received your products after 14 business days from placing your order excluding weekends & holidays. (Please see above for Holiday Schedule) We will personally track your order for you so every customer, everyday, every visit is satisfied! If there are questions or concerns about your order, please contact us your name AND Order Number. We will process it right away, usually within 48 business hours Monday-Friday 9-5 CST/ Austin, Texas. We do not track by first and last name, we MUST have your Order Number that is given to you on your invoice at checkout.

G) Out Of Stock & Backordered Items. We are sorry but you must place your order for these products again at a later date. If we know that the manufacturer will be sending us more product we may contact you by eithor phone or email to ask you if you would like your order to be held until we can fulfill your entire order. If we do not hear back from you within 48 business hours of contacting you, we will ship your products that we do have in stock and refund your credit card for the cost of the these items including shipping cost at 50 cents per ounce of each item.

H) Returns & Exchanges. No returns on opened products, clothing that has been worn or houshold items that have been used. You must contact OrganicMall.com within 7 days of your original purchase date of your order. If your product(s) are damaged or defective, you have received the wrong item or are missing an item, contact OrganicMall.com with your Order Number to directly resolve the problem. You may need an RMA# (Return Merchandise Authorization) to return your product(s). You will aquire this number from OrganicMall.com and after receiving it, this number is good for you to use within 14 days. After 14 days you will be unable to return product(s). Once OrganicMall.com has received your concern, OrganicMall.com will personally call you to explain how to proceed. Shipping Cost may not be refunded. Due to the perishable nature of many of our items, we do not offer refunds unless it is an extreme case. These are the terms of the warehouse not of OrganicMall.com.

I) Cancel an Order. You have 6 hours from original purchase date & time to cancel your order. However, we will do everything we can to correct the situation with you. Refused orders will be credited less 30% restocking fee, freight, shipping & handling charges. To cancel an order, please contact OrganicMall.com at 512-809-8170 with your Order Number that is given to you at checkout.

J) Sales Tax Charges. Sales tax is required by law to collect all applicable sales tax for the state, counties and cities of Texas.

12. Personal Fraudulent Guarantee. "OrganicMall.com stands by you!" If a Shopper uses a stolen credit card to make purchases at OrganicMall.com and the there have been fraudulent charges posted to your credit card through OrganicMall.com you should contact your credit card company to file a formal dispute. Federal law states that the you will not be held responsible for more than $50 of fraudulent charges. If you are still unable to settle the dispute and you are liable for $50 or less of fraudulent charges and they have used an authorized OrganicMall.com payment method, OrganicMall.com will credit your credit card up to $50 with documented proof of theft from their credit card company and proof of actual payment of the amount up to $50. OrganicMall.com will assist authorities with any information that may lead to the conviction of the violator(s). This is extra protection for you!

"Conditions of Use" was last updated on March 2010
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