
Security &
Privacy
Our basic policy is
very simple:
We will never
provide your private, personal information to anyone - ever.
We protect your personal
information as if it were our own.
We use the private data you
provide to us for four specific purposes only:
1. to process your
order(s),
2. to reply to your
inquiries and questions,
3. to provide our
newsletter via email and/or our catalog via ground mail, and
4. to incorporate your
feedback into improvements to our day-to-day operations and
Web site.
We will never give away,
sell, or rent your private, personal information or specific
account activity to anyone for any reason except as required by
law and when we believe that disclosure is necessary to protect
our rights and/or to comply with a judicial proceeding, court
order, or legal process served on our Web site.
Our Web Site & Shopping
Cart
Our shopping cart - administered
by Microsoft bCentral - secures your personal information from unauthorized
access, use or disclosure. bCentral secures the personally identifiable
information you provide on computer servers in a controlled, secure environment,
protected from unauthorized access, use or disclosure.
When sensitive personal information (such
as a credit card number and other financial information) is transmitted over the
Internet, it is protected through the use of state-of-the-art encryption, Secure Socket Layer (SSL)
protocol. The information is encrypted on your computer, sent through the
Internet as jumbled code, and decoded on
www.Organic-Pharmacy.com's secure server. It cannot be read
in transit.
Credit Card Fraud Protection
All
major credit card companies protect cardholders against fraud,
subject to a $50 deductible. We will protect you for this $50
portion in the highly unlikely situation that you ever encounter
an inappropriate charge involving our company.
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Sales Tax
If you live outside North Carolina, USA and your order is going to a physical address
outside of North Carolina, USA ... you will NOT be subject to Sales
Tax of any kind.
We only charge Sales Tax - IF
- a). you reside in North Carolina, USA and make a
purchase, regardless of delivery location, or b). your order is
shipped to a physical address within North Carolina AND you live
outside the state.
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Return of Products Policy
Unused Products: Should you choose to
return a product, you are entitled to a 100% refund of new, unopened,
re-saleable products ... if they are returned with 30 days of purchase.
This is does NOT apply to frozen products such as
CarTCell and
NatCell ...
these products are simply NOT returnable.
To return a product for a full refund -
assuming it is in new, unopened, re-saleable products, send it
to:
Organic Pharmacy, Inc., attn:
Returns, 3 Tingle Alley, Suite E, Asheville, NC, 28801
Please include your name,
address, original invoice number and daytime phone as well as
your reason for returning
Used Products: We can not (& do not)
accept returns on items that have been opened, used or have their
safety seals broken.
If you open it - you own it.
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Terms & Conditions of Sale
PLEASE READ THIS DOCUMENT
CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the
terms and conditions that apply to your purchase from the
Organic Pharmacy, Inc. (aka www.Organic-Pharmacy.com) the
entity named on the invoice ("Organic Pharmacy, Inc.") that
will be provided to you ("Customer") on orders for products
sold in the United States. By accepting delivery of the
products described on that invoice, Customer agrees to be
bound by and accepts these terms and conditions. THESE TERMS
AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Organic Pharmacy,
Inc., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR
(ii) UNLESS OTHER Organic Pharmacy, Inc. STANDARD TERMS
APPLY TO THE TRANSACTION. These terms and conditions are
subject to change without prior written notice at any time,
in Organic Pharmacy, Inc.'s sole discretion.
1. Other Documents:
These terms and conditions may NOT be altered, supplemented,
or amended by the use of any other document(s). Any attempt
to alter, supplement or amend this document or to enter an
order for product(s) which is subject to additional or
altered terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed by both
Customer and Organic Pharmacy, Inc.
2. Governing Law: THIS
AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders;
Quotes; Interest: Terms of payment are within Organic
Pharmacy, Inc.'s sole discretion, and unless otherwise
agreed to by Organic Pharmacy, Inc., payment must be
received by Organic Pharmacy, Inc. prior to Organic
Pharmacy, Inc.'s acceptance of an order.
Payment for the products will
be made by credit card, wire transfer, or some other
prearranged payment method unless credit terms have been
agreed to by Organic Pharmacy, Inc. Invoices are due and
payable within the time period noted on the this invoice,
measured from the date of the invoice. Organic Pharmacy,
Inc. may invoice parts of an order separately. Orders are
not binding upon Organic Pharmacy, Inc. until accepted by
Organic Pharmacy, Inc. Any cost estimate or price quotations
given by Organic Pharmacy, Inc. will be valid for the period
stated on the quotation. Customer agrees to pay interest on
all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes:
Separate charges for shipping and handling will be shown on
Organic Pharmacy, Inc.'s invoice(s). Unless Customer
provides Organic Pharmacy, Inc. with a valid and correct tax
exemption certificate applicable to the product ship-to
location prior to Organic Pharmacy, Inc. acceptance of the
order, the Customer is responsible for sales and all other
taxes associated with the order, however designated, except
for Organic Pharmacy, Inc. franchise taxes and taxes on
Organic Pharmacy, Inc.'s net income. If applicable, a
separate charge for taxes will be shown on Organic Pharmacy,
Inc.'s invoice.
5. Title; Risk of Loss:
Title to products passes from Organic Pharmacy, Inc. to
Customer on shipment from Organic Pharmacy, Inc.'s facility
and or vendor's warehouses. Loss or damage that occurs
during shipping by a carrier selected by Organic Pharmacy,
Inc. is Organic Pharmacy, Inc.'s responsibility. Loss or
damage that occurs during shipping by a carrier selected by
Customer is Customer's responsibility.
6. Warranties, Disclaimers:
Organic Pharmacy, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF'
MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In
addition to these Terms and Conditions, customer agrees to
be bound by the acceptance of contract terms contained
elsewhere in this site.
7. Return Policies:
Organic Pharmacy, Inc. products that are purchased directly
from Organic Pharmacy, Inc. by an end-user Customer may be
returned by Customer in accordance with Organic Pharmacy,
Inc.'s Return Policy.
8. Products: Organic
Pharmacy, Inc.'s policy is one of on-going product update
and revision. Organic Pharmacy, Inc. may revise and
discontinue products at any time. Organic Pharmacy, Inc.
reserves the right to limit order quantity at any time
without notice. Prices and promotions are subject to change
without notice.
9. Limitation of Liability:
Organic Pharmacy, Inc. DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS FOR ANY REASON. Organic Pharmacy, Inc. WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN.
10. Arbitration: Any
claim, dispute or controversy (whether in contract, tort, or
otherwise, whether pre-existing, present or future, and
including statutory, common law, intentional tort and
equitable claims) against Organic Pharmacy, Inc., its
agents, employees, subcontractors, vendor-partners,
successors, assigns or affiliates (collectively for purposes
of this paragraph, "Organic Pharmacy, Inc.") arising from or
relating to this Agreement, its interpretation, or the
breach, termination or validity thereof, the relationships
which result from this Agreement (including, to the full
extent permitted by applicable law, relationships with third
parties who are not signatories to this Agreement), Organic
Pharmacy, Inc.'s advertising, any related purchase,
including the validity of this arbitration clause shall be
resolved exclusively and finally by binding arbitration
administered by the National Arbitration Forum (NAF) under
its Code of Procedure then in effect (available via the
Internet at
http://www.arb-forum.com
, or via telephone at 1-800-474-2371).
The arbitration will be
conducted before a single arbitrator, and will be limited
solely to the dispute or controversy between Customer and
Organic Pharmacy, Inc. The arbitration shall be held in
Asheville, Buncombe County, North Carolina at the office of
Organic Pharmacy, Inc., by telephone, or online. Any award
of the arbitrator(s) shall be final and binding on each of
the parties, and may be entered as a judgment in any court
of competent jurisdiction. Information may be obtained and
claims may be filed at any office of the NAF or at P.O. Box
50191, Minneapolis, MN 55405.
11. Applicable Law; Not
For Resale: Customer agrees to comply with all
applicable laws and regulations of the various states and of
the United States. Customer agrees and represents that it is
buying for its own internal use only, and not for resale.
Organic Pharmacy, Inc. has separate terms and conditions
governing resales.
12. Headings: The
section headings used herein are for convenience of
reference only and do not form a part of these terms and
conditions, and no construction or inference shall be
derived therefrom.
13. Acceptance: By
ordering any product from Organic Pharmacy, Inc., whether by
clicking through over the internet, telephone, facsimile or
otherwise, the customer agrees to be bound by these Terms
and Conditions of Sale, as well as the "Acceptance of
Contract Terms" contained elsewhere in the Organic Pharmacy,
Inc. site.
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Terms of Website Use
Acceptance of Contract
Terms: The following ("Contract Terms") are terms of
a legal agreement between you ("customer") and Organic
Pharmacy, Inc. ("Organic Pharmacy, Inc.").
By accessing, browsing
and/or using this site:
http://www.organic-pharmacy.com ("Site"), you
acknowledge that you have read, understood, and agree,
to be bound by these terms and to comply with all
applicable laws and regulations, including U.S. export
and re-export control laws and regulations.
If you do not agree to
these terms, do not use this Site.
The material provided on
this Site is protected by law, including, but not
limited to, United States Copyright Law and
international treaties. This Site is controlled and
operated by Organic Pharmacy, Inc. from its offices
within the United States. Organic Pharmacy, Inc. makes
no representation that materials in the Site are
appropriate or available for use in other locations, and
access to them from territories where their contents are
illegal is prohibited. Those who choose to access this
Site from other locations do so on their own initiative
and are responsible for compliance with applicable local
laws.
Any claim relating to,
and the use of, this Site and the materials contained
herein is governed by the laws of the State of North
Carolina.
YOU SHOULD ALWAYS
SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY
DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT.
Organic Pharmacy, Inc. does not warrant and shall have
no liability for information provided in this site
regarding recommendations concerning supplements for any
and all health purposes. This information is provided
solely as a guideline to be used when discussing a
program with a healthcare professional. The claims made
about specific nutrients or products have not been
evaluated by the Food and Drug Administration. Dietary
supplements are not intended to diagnose, treat, cure or
prevent disease. Please consult with a healthcare
professional before starting any diet, exercise or
supplementation program. Organic Pharmacy, Inc. makes no
guarantee or warranty, express or implied, with respect
to any products or services sold, including any warranty
of merchantability or fitness for a particular purpose.
The information contained
in this online site (the "Service") is presented in
summary form only and intended to provide broad consumer
understanding and knowledge of health care topics. The
information should not be considered complete and should
not be used in place of a visit, call, consultation or
advice of your physician or other health care provider.
The Service does not recommend the self-management of
health problems. Information obtained by using the
Service is not exhaustive and does not cover all
diseases, ailments, physical conditions or their
treatment. Should you have any health care-related
questions, please call or see your physician or other
health care provider promptly. You should never
disregard medical advice or delay in seeking it because
of something you have read here.
The information is
compiled from a variety of sources ("Information
Providers"). Neither Organic Pharmacy, Inc., nor any
Information Provider shall be responsible for
information provided herein under any theory of
liability or indemnity. Liability of Organic Pharmacy,
Inc. or Information Providers, if any, for damages
(including, without limitation, liability arising out of
contract, negligence, strict liability, tort or patent
or copyright infringement) shall not exceed the fees
paid by the user for the particular information or
service provided. In no event shall Organic Pharmacy,
Inc. or any Information Provider be liable for any
damages other than the amount referred to above, and all
other damages, direct or indirect, special, incidental,
consequential or punitive, are hereby excluded even if
Organic Pharmacy, Inc. or Information Provider has been
advised of the possibility of such damages.
Information accessed
through this online site is provided "AS IS" and without
warranty, express or implied. All implied warranties of
merchantability and fitness for a particular use or
purpose are hereby excluded. Organic Pharmacy, Inc. and
Information Providers make no warranty as to the
reliability, accuracy, timeliness, usefulness or
completeness of the information. Organic Pharmacy, Inc.
and Information Providers cannot and do not warrant
against human and machine errors, omissions, delays,
interruptions or losses, including loss of data. Organic
Pharmacy, Inc. is not responsible for updating
information contained here, which may be rendered
obsolete based upon subsequent medical developments.
The information contained
in this online site (the "Service") is presented in
summary form only and intended to provide broad consumer
understanding and knowledge of health care topics. The
information should not be considered complete and should
not be used in place of a visit, call, consultation or
advice of your physician or other health care provider.
The Service does not recommend the self-management of
health problems. Information obtained by using the
Service is not exhaustive and does not cover all
diseases, ailments, physical conditions or their
treatment. Should you have any health care-related
questions, please call or see your physician or other
health care provider promptly. You should never
disregard medical advice or delay in seeking it because
of something you have read here. If you are under
medical care or taking prescriptions, you should consult
with your physician as to the impact of Organic
Pharmacy, Inc. products on your health.
The Service is an online
information and communications service provided by
Organic Pharmacy, Inc., subject to your compliance with
the terms and conditions set forth below, including all
exhibits hereto and the other information which is
available in the registration process and on the Service
("Information") and incorporated by reference in this
Agreement. This Agreement consists of the Disclaimer set
forth above and the terms and conditions set forth
below, including all exhibits hereto and the
Information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING
THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND
CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING
TO BE BOUND BY THESE TERMS AND CONDITIONS AND
DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE.
Organic Pharmacy, Inc. MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED
AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Software License. By
this Agreement, Organic Pharmacy, Inc. grants to you,
subject to the terms of this Agreement, a
non-transferable and non-exclusive license to use for
your personal use only any software and documentation,
together with all updates, enhancements, modifications,
and fixes thereto, which are owned by Organic Pharmacy,
Inc. and/or its Licensors. Organic Pharmacy, Inc. has no
obligation to update or modify any of the foregoing.
2. Equipment. You must
provide, at your own cost, all telephone and other
equipment and services (including where necessary,
telephone service and internet access service) necessary
to access the Service.
3. Copyright, Licenses,
Use Restrictions and Idea Submissions. The copyright in
all material provided on this Site is held by Organic
Pharmacy, Inc. or by the original creator of the
material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of
Organic Pharmacy, Inc. or the copyright owner.
Permission is granted to display, copy, distribute and
download the materials on this Site for personal,
non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other
proprietary notices contained in the materials. This
permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must
immediately destroy any downloaded and printed
materials. You also may not, without Organic Pharmacy,
Inc.'s permission, "mirror" any material contained on
this Site on any other server. Any unauthorized use of
any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
You agree to grant to
Organic Pharmacy, Inc. a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new or
improved products or services) you submit to public
areas of the Service (such as bulletin boards, forums
and chat rooms) by all means and in any media now known
or hereafter developed. You agree that you shall have no
recourse against Organic Pharmacy, Inc. for any alleged
or actual infringement or misappropriation of any
proprietary right in your communication to us.
4. Review. Organic
Pharmacy, Inc. DOES NOT AND CANNOT REVIEW ALL
COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE
SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE
COMMUNICATIONS AND MATERIALS. HOWEVER, Organic Pharmacy,
Inc. RESERVES THE RIGHT TO BLOCK OR REMOVE
COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A)
ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT,
DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A
COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY
RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE
UNACCEPTABLE TO Organic Pharmacy, Inc. AT ITS SOLE
DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER
INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT
BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
5. Indemnification. You
agree to indemnify, defend and hold harmless Organic
Pharmacy, Inc., its officers, directors, employees,
agents, licensors, suppliers and Licensors (collectively
the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of this
Agreement or any activity related to your account
(including negligent or wrongful conduct) by you or any
other person accessing the Service using your Service
account.
6. Third Party Rights.
The provisions of paragraph 5 (Indemnification) are for
the benefit of Organic Pharmacy, Inc. and its officers,
directors, employees, agents, licensors, suppliers, and
Licensors. Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
7. Term; Termination.
This Agreement shall commence upon your accessing the
Service and/or completing the registration process. This
Agreement may be terminated by Organic Pharmacy, Inc.
without notice at any time for any reason and may be
terminated by you upon notice to Organic Pharmacy, Inc.
at any time for any reason. The provisions of paragraphs
3 (Copyright, License, Use Restrictions and Idea
Submission), 5 (Indemnification), 6 (Third Party Rights)
and 8 (Miscellaneous) shall survive any termination of
this Agreement.
8. Miscellaneous. This
Agreement shall be governed by and construed in
accordance with the laws of the State of North CArolina.
You agree that any legal action or proceeding between
Organic Pharmacy, Inc. and you for any purpose
concerning this Agreement or the parties’ obligations
hereunder shall be brought exclusively in a court of
competent jurisdiction sitting in Sangamon County,
Illinois. You hereby waive your right to a jury trial in
any action with respect to the subject matter of this
Agreement. Any cause of action or claim you may have
with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises.
Organic Pharmacy, Inc.’s failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of this Agreement. Organic
Pharmacy, Inc. may assign its rights and duties under
this Agreement to any party at any time without notice
to you.
Trademarks and service
marks appearing on the Service may be owned by Organic
Pharmacy, Inc. or by other parties including third
parties not affiliated with Organic Pharmacy, Inc..
9. Notice. Organic
Pharmacy, Inc. may deliver notice to you under this
Agreement by means of electronic mail, a general notice
on the Service, or by written communication delivered by
first class U.S. mail to your address on record in
Organic Pharmacy, Inc.’s account information. You may
give notice to Organic Pharmacy, Inc. at any time by
letter delivered by certified first class postage
prepaid U.S. mail or overnight courier to the following
address:
Organic Pharmacy, Inc. P. O. Box 2291
Asheville, NC 28801
USA Attn: Customer Service
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Superior, Organic Quality Homeopathics, Nutritional Supplements,
Phytonutrients and Natural Medicines
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* Statements contained herein have not been
evaluated by the Food and Drug Administration. These
products are not intended to diagnose, treat and
cure or prevent disease. Always consult with your
professional health care provider before changing
any medication.
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Toll-Free in USA: (800) 819-6742 Organic Pharmacy, P. O. Box 2291, Asheville, NC, 28802
customerservice@organic-pharmacy.com
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