Website Disclaimer/Terms & Conditions
The use of this website or any other website owned or maintained by Basilwood Farm, a Limited Liability Corporation under the State of California (hereafter referred to as “Company”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this website signifies your acceptance of the terms and conditions set forth below. Your order placed on this website signifies your acceptance of the terms and conditions set forth below.
- Privacy & Security; Disclosure
Company’s privacy policy may be viewed at http://www.basilwoodfarm.com/Privacy-statement.html.
Company reserves the right to modify its privacy policy in its reasonable discretion from time to time.
- Payment Methods
We accept payment via ShopPay, Paypal, Amazon Pay, Google Pay, Amazon Pay, eta Pay, Apple Pay, Visa, Mastercard, American Express, Diner’s Club, and Discover.
When placing an order online, you will need:
A valid account with ShopPay, Paypal, Amazon Pay, Google Pay, Amazon Pay, eta Pay, Apple Pay, Visa, Mastercard, American Express, Diner’s Club, or Discover.
- Shipping Policies
Company ships orders within the 50 United States via USPS Priority Mail or UPS. Depending on product availability, orders usually arrive within 3 to 7 business days after ship date, depending on destination. Accurate shipping address and phone number are required. Your signature may be required for delivery. If shipping to an Amazon Locker, the words “Amazon Locker” must appear in the Address 2 section of the Shipping Address portion when the order is placed on the website. Failure to do this may result in the package being returned to sender (Company) and will result in additional shipping charges. Company is not responsible for damage resulting from the shipping carrier or theft of packages. Once the package leaves Company and is in the hands of the carrier, it is beyond our control. We will do our best to help you interface with the carrier to settle a dispute if it’s within our ability. If package is not received or lost in transit, there may be paperwork you will need to fill out in order for us to file an insurance claim to recoup the loss. Delays in shipment due to inclement weather or Acts of God are beyond our control.
- Delivery Confirmation
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature. If you believe an error has occurred in the delivery of your package, contact the shipping carrier as soon as possible to report it missing to begin the process of recovery or replacement. You may inform Company that you have not received your package as well, and we will do our best to interface with the carrier if it’s within our ability to do so. Recently, more porch thefts have occurred, especially during the holidays. Because of this, it is wise to follow your tracking information carefully to know exactly when & where your package will be delivered to reduce the likelihood of this occurring. Shipping to a work address, PO Box or secure locker may be a better option.
- Return and Cancellation Policy
If you are dissatisfied with our product, you may request a refund/return of the unused portion within 14 days from the date of delivery confirmation. To obtain a refund, your return must be approved and postmarked 21 days from the date that the product was originally shipped to you.
The following terms apply for all returned items:
To return a product for an exchange or FULL refund you will need to obtain prior approval by contacting the billing department at (559) 332-3276.
- Company cannot process or refund packages marked “Return to Sender”.
- Refunds will be issued through the account used for original purchase.
- Shipping charges and return shipping charges are not refundable in any case.
- To ensure a refund is processed for you, please send returns to the address provided by the billing department.
Returned products must be pre-approved and sent to the following address: Basilwood Farm, 15759 Morgan Canyon Road, Prather, CA 93651.
Company is not responsible for lost or stolen items. We recommend all returned items be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 3 business days to process your refund. Once a return is processed, it usually takes 2 to 3 business days for this return to be posted to your account, depending on your financial institution.
- Chargeback Policy
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on www.basilwoodfarm.com. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on www. basilwoodfarm.com, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS website. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS website MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $20 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
- Third Party Interactions
During use of the Company website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Company does not endorse any websites on the Internet that are linked through its website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such websites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
- Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.
- Product Disclaimers; Disclaimers of Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS website. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE website WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE website OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
- Limitation of Liability
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS website, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE website, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE website, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- Notice
Company may give notice by means of a general notice on the www.basilwoodfarm.com website, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 48 hours after sending (if sent by email). You may give notice to Company (such notice shall be deemed given when received by Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at the following address: Basilwood Farm, 15759 Morgan Canyon Road, Prather, CA 93651.
- Modification to Terms
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.basilwoodfarm.com website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- General
With respect to U.S. Customers, this Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state courts located in Fresno County, California or the federal court located in Fresno County, California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
- Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the www.basilwoodfarm.com website, and any materials available on the Company website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Company from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the subscription form or the date you begin purchasing products from this website; “Order Form(s)” means the form evidencing your purchase from this website and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Company” means collectively Basilwood Farm under the laws of the State of California doing business as “www.basilwoodfarm.com” and having an office at 15759 Morgan Canyon, Prather, CA 93651, together with its member(s), manager(s), employees, agents and affiliated companies.
- Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to basilwoodfarm@gmail.com.