Terms of Sale 

TERMS OF SALE

THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF CHECK YOUR SEED PROJECT OR PODCAST PRODUCTS, FROM THIS WEBSITE (DEFINED BELOW) IN THE UNITED STATES. IF YOU ARE PURCHASING CHECK YOUR SEED PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES ARE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE CHECK YOUR SEED PODCAST STORE (AS DEFINED BELOW).

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE CHECK YOUR SEED PODCAST STORE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING FROM THE CHECK YOUR SEED PODCAST STORE OR PURCHASING ANY CHECK YOUR SEED PRODUCT FROM THE CHECK YOUR SEED PODCAST STORE IN THE UNITED STATES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING IN OUR RETAIL STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.

You are SUBJECT to these TERMS AND MAY PURCHASE CHECK YOUR SEED PODCAST OR PROJECT PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.

APPLICABILITY

These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, purchases, and returns via the Check Your Seed Podcast Store , and Check Your Seed owned digital stores that enable consumer purchases through checkyspodcast.org. Retail Stores and Digital Stores are collectively referred to in these Terms of Sale as “CHECK YOUR SEED PROJECT OR PODCAST Stores”. These Terms of Sale create a legally binding agreement between you and THE CHECK YOUR SEED PROJECT AND PODCAST Retail Services, Inc. (which we may refer to as “CHECK YOUR SEED PROJECT OR PODCAST,” “we,” “us,” or “our”) with its headquarters and principal place of business  may revise these Terms of Sale at any time. The current Terms of Sale will be posted at CHECKYSPODCAST.ORG. The Terms of Sale posted at the time you purchase products at a Check Your Seed Podcast Store will govern that purchase. In addition to the Terms of Sale, by shopping and/or purchasing at any The Check Your Seed Podcast Store you acknowledge and agree to by bound by Check Your Seed Podcast or Project Terms of Use and Privacy Policy, which are incorporated herein by this reference. 

NO PURCHASE FOR RESALE

The Check Your Seed Podcast Store, including any consumer rights or policies offered in CHECK YOUR SEED Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If CHECK YOUR SEED determines that a purchase or order is intended for resale, THE CHECK YOUR SEED PROJECT AND PODCAST reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any check your seed policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any Check Your Seed Project or Podcast Store, and/or suspend or close any account.

HOW TO PURCHASE– DIGITAL STORES

To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes designing customized items, adding items to your shopping bag and submitting your order.

When you submit an order, we will send a a message acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you.

OUR RIGHT TO REJECT ORDERS, CANCEL PURCHASES, BLOCK ACCOUNTS

Sale of products and fulfillment of all orders at the Check Your Seed Podcast or Project Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline, cancel, or reject any sales and orders, and/or block or close any account, for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

  • an Event Outside Our Control (as defined below);
  • the product you seek to purchase is not available or in stock;
  • your address, billing information or form of payment is incorrect or cannot be verified;
  • your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
  • there is evidence that your order (single or cumulative orders) was placed for the purpose of resale, tax evasion, or other fraudulent purpose;
  • your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
  • your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
  • your account and/or purchase history shows an excessive volume of order cancellation requests or returns;
  • there is evidence that you are not eligible to make purchases; or
  • in the event of misspelling, pricing or other errors or mistakes via the Check Your Seed Podcast Store(s) where you wish to order or purchase.

CHECK YOUR SEED will determine whether any of the above events have occurred in its sole discretion.

INDEMNIFICATION AND RELEASE

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless THE CHECK YOU SEED PODCAST/PROJECT STORE ., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “CHECK YOUR SEED Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any CHECK YOUR SEED PODCAST OR PROJECT Store or with other CHECK YOUR SEED PODCAST OR PROJECT   Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the CHECK YOUR SEED PROJECT OR PODCAST Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any CHECK YOUR SEED PODCAST OR PROJECT STORE or with other CHECK YOUR SEED STORE users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. 

LIMITATION OF LIABILITY

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF CHECK YOUR SEED PROJECT STORES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED ZERO DOLLARS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CHECK YOUR SEED PROJECT OR PODCAST WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A CHECK YOUR SEED PODCAST OR PROJECT STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A CHECK YOUR SEED OR PROJECT STORE; OR FOR THE CONDUCT OF CHECK YOUR SEED PROJECT OR PODCAST STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A CHECK YOUR SEED PODCAST OR PROJECT STORE, EVEN IF CHECK YOUR SEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO THE CHECK YOUR SEED PROJECT OR PODCAST. YOUR ONLY REMEDY AGAINST THE CHECK YOUR SEED PROJECT OR PODCAST IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE CHECK YOUR SEED PODCAST OR PROJECT STORE OR ANY CONTENT IS TO STOP USING OR ACCESSING THE CHECK YOUR SEED PROJECT OR PODCAST .

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THE CHECK YOUR SEED PROJECT OR PODCAST'S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment. DAMAGED PRODUCTS WILL NOT BE RETURNED AFTER DELIVERY.

SHIPPING RATES

DISCOUNTED SHIPPING

DISCOUNTED SHIPPING COST MAY CHANGE

RETURNS & CANCELLATIONS

CANCELLING ORDERS BEFORE SHIPMENT – DIGITAL STORE

Subject to our rights described in these Terms, you may cancel any order free of charge and without giving us any reason within thirty (30) minutes from the time the order was placed. Please note that we begin processing orders placed at our Digital Stores almost immediately.

Orders that are "Pending" or "On Hold" cannot be cancelled. If you do not cancel an order within the thirty (30) minute window, the product(s) will be delivered to you and may be returned in accordance with the return procedure set out below. 

RETURNING PRODUCTS AFTER PURCHASE/DELIVERY

ANY MATERIAL OR PRODUCT  PURCHASED FROM THE CHECK YOUR SEED PODCAST OR PROJECT STORE CANNOT BE RETURNED AFTER 10 DAYS AFTER PURCHASE DUE THE STORES LIMITED CAPACITY.  WE APOLOGIZE FOR THIS MAJOR INCONVIENCE IN ADVANCE.