Terms & Conditions
Welcome to Down to Earth. The following terms and conditions set forth the agreement between Down to Earth (or "we") and each user ("you" or "user") governing the use by you of this site.
Please read these terms and conditions carefully before using this site. By using this site, you signify your assent to these terms and conditions. If you do not agree to all of these terms and conditions, you may not access or otherwise use this site. This agreement does not apply to any transaction or relationship between the parties that is not related to the use of this website and/or the purchase and sale of merchandise through this website.
Please also review our Privacy Statement which governs your visit and use of our site.
NO MEDICAL OR HEALTHCARE ADVICE
The site does not provide medical or healthcare advice. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site (collectively the "Content"), are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively a "Healthcare Professional").
The Content, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice, diagnosis or treatment from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such products. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Never disregard any professional advice from your Healthcare Professional or delay seeking it because of something you have read on this site.
If you think that you have a medical emergency, call a Healthcare Professional or 911 immediately. Down to Earth does not recommend or endorse any specific tests, products, procedures, opinions or information that may be mentioned on this site, and is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any site to which this site links (each a "Linked Site"). Reliance on any of the Content is solely at your own risk.
You are advised that other sites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Down to Earth has no control over any of the Linked Sites and expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site. Your use of any third-party sites is at your own risk and subject to the terms and conditions for such sites.
COPYRIGHT AND TRADEMARKS
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Down to Earth or its licensors, and are protected by international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Down to Earth or using this website as a shopping or educational vehicle for your personal non-commercial use.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercialization or other exploitation, or creation of derivative works, without the prior written permission of Down to Earth, is strictly prohibited.
Down to Earth, and all other marks, logos, page headers, custom graphics and icons are service marks and/or trade-marks of Down to Earth or its licensors or affiliates. All other trade-marks, service marks, product names and company names or logos that appear on this site are the property of their respective owners. All rights not expressly granted herein are reserved to Down to Earth and its licensors/affiliates.
NO WARRANTY - DISCLAIMER
Your use of this site, the Content, and any Linked Site is at your sole risk.
Down to Earth is providing this site and its contents on an "as is" basis. Down to Earth and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together the "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site.
Down to Earth and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement of third party rights. Specifically, Down to Earth and its affiliates make no representations or warranties about the following:
(a) The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of this website.
(b) The satisfaction of government regulations requiring disclosure of information on prescription drug, nutritional, herbal, or homeopathic products with regard to the Content contained on this site.
Down to Earth and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Down to Earth or its affiliates will create any warranty not expressly set forth herein.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, provincial, national, federal, or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Down to Earth strictly follows all provincial and federal regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within Canada. If you are located outside of Canada and order any products, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All other terms and conditions regarding the order, including any return or exchange policy, will be set out in the invoice or other documentation sent with your order.
PRICES & CURRENCY
The prices displayed on this Site are quoted Canadian dollars and are valid and effective only within Canada, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and provincial, state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the recipient.
PRICING OR TYPOGRAPHICAL ERRORS
Although we endeavor to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Down to Earth shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
QUANTITY LIMITS AND ITEMS FOR RESALE
Down to Earth reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Down to Earth also reserves the right to prohibit sales to dealers.
LIMITATIONS OF LIABILITY
Down to Earth and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability:
(a) as a publisher of information, (b) as a reseller of any products or services, (c) for any defective products, (d) for any incorrect or inaccurate information,(e) for any unauthorized access to or disclosure of your transmissions or data, (f) for statements or conduct of any third party on the site, or(g) for any other matter relating to this site or any linked site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for personal injury and/or wrongful death, loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Down to Earth and the user. The products, information, and services offered on and through this site would not be provided without such limitations. Because the laws of some provinces may not allow for the exclusion of certain damages, in such provinces liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of Down to Earth and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amount paid by you for any product, information or service purchased by you from Down to Earth on this site.
You agree to indemnify, defend and hold harmless Down to Earth and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' and legal fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms & Conditions of Use, your infringement or violation of any rights of another, or termination of your access to this site.
SITE USAGE/TERMINATION OF USAGE
Down to Earth grants you a limited licence to access and make personal use of the site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Down to Earth. This licence does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Down to Earth . You may not frame or utilize framing techniques to enclose any trade-mark, logo, or other proprietary information (including images, text, page layout, or form) of Down to Earth and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Down to Earth name or trade-marks without the express written consent of Down to Earth. Any unauthorized use terminates the permission or licence granted by Down to Earth. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Down to Earth , so long as the link does not portray Down to Earth, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Down to Earth logo or other proprietary graphic or trade-mark as part of the link without express written permission.
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Down to Earth .
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, provincial, state, federal, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by Down to Earth for access to the site. You agree that you will not access this site from any territory where the Content is illegal, and that you, and not Down to Earth or its affiliates, are responsible for compliance with applicable local laws.
You agree that Down to Earth may terminate or suspend your access to all or part of this site, without notice, for any conduct that Down to Earth, in its sole discretion, believes is in violation of these Terms & Conditions of Use or any applicable law or is harmful to the interests of another user, Down to Earth or its affiliates.
APPLICABLE LAW; JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the Province of Ontario.
If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation".
This agreement constitutes the entire and only agreement between Down to Earth and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you.
CHANGES OF TERMS & CONDITIONS OF USE
Down to Earth may, in its sole discretion, amend the Terms & Conditions of Use at any time and from time to time. Use of this website after any modification implies that you consent to the terms and conditions as modified.
The failure of Down to Earth or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty - Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of Down to Earth and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.