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Terms & Conditions


Use of this website inherently implies agreement to the following Terms and Conditions:


 

Terms & Conditions

All sales made by Naturally Advanced Technologies Inc., DBA HTnaturals ("Seller") to

you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise

indicated by Seller in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE

PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU

UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE

BY THEM. SELLER RESERVES THE RIGHT TO AMEND OR MODIFY

THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE

DISCRETION.

Sale is Contingent on Customer’s Acceptance of Terms and Conditions.

Seller shall not accept Customer’s purchase orders unless and until Customer consents to

these Terms and Conditions of Sale. These Terms and Conditions of Sale supersede the

terms and conditions of Customer's purchase order(s) and will govern all transactions

between Customer and Seller. These Terms and Conditions of Sale also apply to all

future transactions unless modified in writing signed by Seller and Customer.

Payment Terms / Placing an Order

Seller ships orders Prepaid, or accepts cash/cashier’s check, Visa/Mastercard. Company checks will be

accepted only with pre-approved credit. Net terms will be accepted with pre-approved credit upon credit

terms determined by Seller. Customer will be charged a $25 service charge for any returned check. Custom

orders require different payment terms, as specified below. Pre-paid orders will be charged in full upon first

shipment, even if multiple shipments may occur. Credit card orders in excess of $2,000 will be charged

before shipment. COD orders are not possible to the United States. Credit card payments require

completion of the Credit Card Authorization form.

Orders will be accepted from Customer via email, fax, and phone from an Authorized Representative of

Customers Company. Authorized Representatives must be listed on Seller’s Wholesale Account

Application.

Shipping

Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs' brokerage

for international orders is Customer’s sole responsibility. Orders received prior to 12:00 Noon (Pacific

Standard Time) will be shipped same day, subject to availability. Inventory will fluctuate on seasonal

items. Orders are normally shipped by UPS or Federal Express, Greyhound or Canada Post. Seller will ship

using a carrier designated by Customer upon request. Seller will not be responsible for shipping delays

caused by a carrier. Shipping charges may be billed separately on credit card orders. Seller will not be

responsible for non-delivery, loss, or damage during shipment.

Default

It is understood that should Customer become delinquent in payment, no further credit will be extended.

Seller may, at its sole discretion charge Customer interest on all overdue amounts at the rate of 1½% per

month (18% per annum), or the maximum amount allowed by law, whichever is lesser. Customer will also

be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed

and reasonable attorneys’ fees in the amount of 15% of the balance owed, and all other costs and expenses

which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale. If Customer's

account is insured and Customer's account is turned over to a receivable insurance company for a claim,

Seller can also charge Customer an additional 30% of the past due balance. Customer acknowledges that

these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages

Seller is likely to suffer if Customer defaults in its payment obligations.

Notice of Defects

Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in

writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for

damages resulting from late delivery or any defect in the merchandise discovered by Customer, including,

without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for

shortages when shipments are directed to a third party other than Customer. UNDER NO

CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH

HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED,

RELABELED OR THE LIKE). Seller shall not be responsible for fallout or loss which occurs during the

garment dye process. Seller urges Customer to periodically test the merchandise for dyability, printability

and other decoration techniques.

Returns and Cancellations

Authorized returns and exchanges must be made within 7 days after Customer’s receipt of merchandise.

Seller’s written authorization must accompany all returned merchandise. No order can be cancelled once it

has been entered into production. Customer will be responsible for all freight and shipping charges on items

returned that are not the result of Seller’s error and charged a 20% restocking fee. All sales are final on

discontinued, overstock, and/or discounted items; Seller will not accept returns on these items under any circumstance.

Obtaining Return Authorization

Please contact Seller to obtain a Return Authorization number. No return will be accepted with a valid

RA#.

Customer Acceptance of Late or Defective Merchandise

Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale,

shall constitute a waiver of any claim Customer may have for damages resulting from such defects,

including late delivery.

Prices, Quantities, Styles, Colors

Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the

time of shipping. Seller reserves the right, at its sole discretion, to change or discontinue styles, colors,

sizes or fabrics. All orders are subject to availability.

Promotional Codes, Coupons, Discounts

Discounts can not be combined with any other promotional offer at time of redemption, nor can they be

applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or

similar processing charges. Original discount amount will be deducted from the value of all returned items

purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

DISCLAIMER OF WARRANTIES

SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION

OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED

WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES

ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS

BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD

BY SELLER.

LIMITATION ON LIABILITY

CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR

OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF

THE SELLER’S MERCHANDISE.

No Liability for Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby

waives any right to assert any claim against Seller for work performed by any other third party or vendor,

including but not limited to claims for negligent referral, agency, or respondent superior.

Customer's Credit Worsens

Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend

further deliveries of other shipments in the event Customer fails to pay for any shipment when the same

becomes due. Should Customer's financial condition become unsatisfactory to Seller, in Seller’s sole

discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to

shipment of merchandise.

Special Terms Applicable to Custom Orders

The following terms and conditions shall apply to custom orders. All custom orders require a 50% deposit

prior to commencing production, with the balance to be paid upon terms assigned by Seller. No changes

will be accepted once merchandise has entered production. All orders ship within +/- 5% of the total

quantity ordered. Customer will be billed for actual quantity shipped. All shipping costs are the

responsibility of Customer, FOB Location specified on order confirmation. All custom order sales are final,

based on approval of pre-production sample. No returns of custom merchandise are allowed. Buyer shall

assert claims for shortages or defective merchandise in accordance with these Terms and Conditions of

Sale. Shipment and receipt dates quoted to Buyer will be approximate and are not guaranteed. Seller will

not be liable for delays resulting from customs inspection or clearance. Seller adheres to industry-wide

standards on PFD tolerances on critical measurements: +/- 8% in width and +/- 10% in length. Seller also

adheres to industry-wide standards on piece dye tolerances. All custom dye colors will be within industrywide

standard tolerance of +/- 15% Seller’s shade band standard.

Jurisdiction/Governing Law

Seller is headquartered in the Province of British Columbia, Canada. These Terms and Conditions of Sale

shall be governed by and interpreted under the laws of the Province of British Columbia (without regard to

its conflicts of laws principles) and the federal laws of Canada. If any provision of these Terms and

Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such

provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall

remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to

these Terms and Conditions of Sale, resides in the courts of the Province of British Columbia and you

further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the Province of

British Columbia in connection with any such dispute including any claim involving the merchandise or

Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure

Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder

caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes,

civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control,

making it impossible, illegal, or commercially impracticable for one or both parties to perform its

obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON SELLERS WEBSITE AND

PRINTED MATERIAL:

COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on this website (including but not limited to articles, photographs, images,

illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by

Seller or the party credited as the provider of the material. The entire contents of sellers Website and

printed material are also copyrighted and the selection, coordination, arrangement and enhancement of such

content are protected by copyright. You shall abide by all copyright notices and other restrictions contained

in any material accessed through the website. No material from this website or any website owned,

operated, licensed, or controlled by Seller may be copied, reproduced, republished, uploaded, posted,

transmitted, or distributed in any way, except that you may download one copy of the materials on any

single computer for your personal, noncommercial home use, and may print one hard copy of the material

on this website for your personal, noncommercial use, provided you keep intact all copyright and other

proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or

printing copyrighted material. Modification of the materials or use of the materials for any purpose other

than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary

rights. The use of any such material on any other website or networked computer environment is

prohibited.

All trademarks, service marks, and trade names are proprietary to Seller or the other designated owner of a

posted mark.

Miscellaneous

These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer,

superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce

any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or

provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action

arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such

claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale

are for convenience only and have no legal or contractual effect.

Thank you for reading and agreeing to these Terms and Conditions of Sale.

General Disclaimer

THE HTNATURALS.COM WEBSITE IS OPERATED BY HTNATURALS, A DIVISION OF NATURALLY ADVANCED TECHNOLOGIES, INC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, HTNATURALS.COM, NATURALLY ADVANCED TECHNOLOGIES, INC., HTNATURALS BRANDS INCLUDING ELEMENTS AND HTBASICS, AND THEIR AFFILIATES (COLLECTIVELY, THE “NAT BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, NAT BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.

WITHOUT LIMITING THE FOREGOING, NAT BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING NAT BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. UNDER NO CIRCUMSTANCES DO NAT BUSINESSES ENDORSE OR CONFIRM NOTIONS OF BENEFITS OF THEIR PRODUCTS RELATED TO TOPICS INCLUDING BUT NOT LIMITED TO HEALTH, THE ENVIRONMENT, PERFORMANCE, QUALITY, HAND, BIODEGRADABILITY, COLORFASTNESS, SHRINKAGE, MEASUREMENTS, AND PROCESSING.

NAT BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

NAT BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF NORTH AMERICA.

NAT BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

 

 

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