Terms & Conditions
1. HOME DELIVERY SERVICE.
All orders are subject to acceptance by us, at our discretion.
We are a subscription delivery service. You must register with our website to be able to make purchases from our online store. You are signing up for delivery of food items from our website on a recurring basis or one time basis. After you confirm your first order, you will then begin receiving deliveries as per your selected schedule. Your subscription and deliveries continue until you notify us to stop. Payment is due the same day as your delivery. We will automatically charge the credit/debit card or checking account on the day of each delivery as per billing information. We try to fulfill 100% of each order, but from time to time products may be unavailable and we reserve the right to limit quantities. You will only be charged for the items shipped.
Please remember to leave a cooler box outside on the porch on your assigned delivery day. Leaving the fermented foods outside for too long may affect the flavor and could also be damaged by animals. Because we care about the quality of the products you receive, your driver cannot leave a delivery if this box is not available for him to use.
Deliveries will be delivered to your delivery box on the assigned day. Deliveries will generally be between 6.00am and 6:00pm. Simply leave your cooler box on the porch and the driver will drop off the items in the delivery box. You do not need to be home to accept the deliveries. Please note that if the delivery box is not there our driver cannot make the deliveries and the driver will generally leave a note. Without limitation, we are not liable for any loss or damage as a result of you failing to leave the cooler box .
If delivery access is restricted, you need to make arrangements for us to be able to deliver your order to your door. We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order.
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item you will not be charged for the item that is out of stock, and if we charged your card, we will issue a credit to your account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Change An Order
Once an order is processed, you cannot cancel it. But you may change or add items to the next order or any other upcoming deliveries. We cannot entertain any changes to orders which may fall within a day from your next scheduled delivery. All of your changes to orders must be received by 12:00 noon atleast one day prior to your scheduled delivery.
It is your responsibility to ensure you place your order correctly and to update your schedule before deadline. If a delivery is made, but you do not want it, you will still be responsible for payment unless you make changes by 12:00 noon the day prior to your scheduled delivery day. You understand that you are signing up for a subscription service of recurring orders and you must take action to stop deliveries.
Prices can change at any time without notice, but the prices for your order will lock in at your cut-off (12:00 noon the day before your delivery). If you do not notify us to stop deliveries, you accept our new pricing or pricing structure for future deliveries. If you do not notify us to stop deliveries, you accept our new pricing or pricing structure for future deliveries.
There is no delivery charges.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card or Checking Account on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by all major credit cards. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us nor have access to any credit card details.
Your eBilling payment receipt will include an itemized statement of each product ordered, shipping and handling, other charges and credits, tax, and any prior balance. You can see your statement when you log in to your account.
Amendments and Notices
Namasthefresh,com may give notice to you of a change in this Agreement, a change in the Namasthefresh pricing or pricing structure, and any other matter by email to your contact address contained in our customer records. The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error. Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. Product price does not include applicable taxes, delivery charges and other charges. Payment for all Products and Services must be by credit or debit card or ACH debit for each delivery until after the deactivation deadline for such delivery.
Limitation of Liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to USD $5.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
2. OWNERSHIP, COPYRIGHT AND PERMITTED USE OF THE WEBSITE
The Website and its contents is the property of Namasthefresh.com and its content suppliers and licensors and is protected by US copyright, trademark and other laws. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Namasthefresh.com. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement. Namasthefresh.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Namasthefresh.com