TERMS AND CONDITIONS OF PRE-ORDER AND SALE

 

THESE TERMS AND CONDITIONS OF PRE-ORDER AND SALE (“AGREEMENT”) SET FORTH THE TERMS UPON WHICH LIVIN FARMS (HK) LTD SELLS, AND YOU PRE-ORDER AND PURCHASE, DIFFERENT VERSIONS OF THE LIVIN FARMS PRODUCTS OFFERED BY LIVIN FARMS THROUGH ITS WEBSITE AT WWW.LIVINFARMS.COM (THE “WEBSITE”) (EACH, A “PRODUCT”). BY PURCHASING A PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. DO NOT PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE PRE-ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.

  1. Orders. Any orders for Products placed through the Website are binding. All order quantities are firm, and you may not cancel or modify any order, except as set forth in this Agreement.

  2. Pricing and Payment. You agree to pay the price for the particular Product you are purchasing listed on the LIvin farms website by credit card in accordance with the payment procedures described on the Website.

  3. Transfer of Risk and Title; Refunds. Risk in the Product passes to you on LIVIN farms delivery of the Product to the carrier, and you are responsible for any loss or damage to Products from that point. Title to the Product passes to you upon LIVIN farms receipt of payment for the Product.

  4. Personal Use Only; Restrictions. You shall use the Product only for personal purposes and are not purchasing the Product with the intention to resell the Product in manner whatsoever. You shall not reverse engineer any Product or use the Product to create a competitive product.

  5. Replacement of Faulty Product. If you believe any Product shipped to you is faulty, contact LIVIN farms at contact@livinfarms.com to trouble shoot the Product and if necessary request a return. LIVIN farms may, in its discretion, accept returns for goods that are defective or damaged provided that notice of such damage is given to LIVIN farms within 15 days of your receipt of such goods. No returns will be accepted by LIVIN farms thereafter. You will comply with LIVIN farms returns procedures when returning products. LIVIN farms is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after shipment by LIVIN farms. LIVIN farms will ship a replacement Product to you only after receipt of the allegedly faulty Product by LIVIN farms.

  6. Intellectual Property. LIVIN farms and its licensors own all intellectual property rights in the Products. You shall acquire no interest or rights in LIVIN farms intellectual property by virtue of this Agreement.

  7. Warranties. EXCEPT TO THE EXTENT THAT WARRANTIES ARE REQUIRED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS. LIVIN FARMS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY PATENTS, OR FITNESS FOR A PARTICULAR PURPOSE.

  8. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVIN FARMSBE LIABLE FOR ANY COLLATERAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE PRODUCTS, EVEN IF LIVIN FARMS SHALL HAVE BEEN ADVISED OF SUCH POTENTIAL DAMAGES.

  9. TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL LIVIN FARMS LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH ANY PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY YOU. THESE LIMITATIONS WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE OR OTHERWISE. Any legal proceedings against LIVIN farms relating to this Agreement shall be filed within one (1) year after shipment of the applicable Product to you. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

  10. LIVIN farms does not take any responsibility or liability for starter kit damages caused by shipping. LIVIN farms expressively advises against the direct consumption of any worm material supplied in the starter kit. The consumption of any product grown or "harvested" from or in the Hive™ is at your own risk. LIVIN farms does not take any responsibility or liability for the product grown or "harvested" from or in the Hive™. PEOPLE WITH SHELLFISH ALLERGY MIGHT BE SENSITIVE TO INSECTS TOO.

  11. Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless LIVIN farms and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.

  12. Force Majeure. LIVIN farms shall not be liable for any breach of this Agreement to the extent arising from any factor outside LIVIN farms reasonable control.

  13. Entire Agreement. This Agreement represents the entire agreement governing LIVIN farms Product supply relationship with you. This Agreement incorporates LIVIN farms Privacy Policy, which is available here: www.livinfarms.com/privacy-policy/. Any prior discussions and agreements between you and LIVIN farms and any general purchase conditions or other document issued by you relating to the purchase of LIVIN farms products will not apply, unless LIVIN farms expressly agrees otherwise in writing signed by an authorized representative of LIVIN farms. You may not assign or transfer this Agreement to any third party.

  14. Applicable Law and Jurisdiction; Compliance. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

  15. Miscellaneous. If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. 

  16. We may change the Terms and Conditions at any time. You can review the most current version of the Terms and Conditions by clicking on the Site's "Terms & Conditions" link. If you continue to use this site after we make changes to the Terms, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.