WELCOME, PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USE OF THIS WEBSITE.

Welcome to our website. This website is owned and operated by Derek D. Fleming consulting O/A New Earth Organics; hereinafter referred to as “New Earth Organics,” or “NEO.” Throughout the site, the terms “we”, “us” and “our” refer to New Earth Organics. New Earth Organics offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your use thereby acknowledging the acceptance of all terms, conditions, policies and notices stated. Please review this agreement (the “Agreement”), which shall apply to the use of this webpage, as well as to the purchase of all products sold to you through this webpage.

By using this webpage visiting our site and/ or purchasing something from us or visiting our third-party social networking sites you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. This represents that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website shall constitute your consent to any changes.

Our webstore is hosted via woocommerce, providing us with the online e-commerce platform that allows us to sell our products and services to you.

The use of this webpage is subject to our Privacy Policy. By accessing this webpage, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.

Webstore (online) Terms

We reserve the right to refuse service to anyone for any reason at any time.

New Earth Organics reserves the right to refuse your order at any time and for any reason, including but not limited to:

1. the availability of the products in your area: New Earth Organics specifically reserves the right to revise or cease to make available any of its products at any time.
2. if the products are incorrectly described or priced on the webpage. 

New Earth Organics cannot accommodate add-ons or substitutions once your order has been confirmed at checkout. In the event your order is cancelled or refused, you shall receive an email confirmation of such. Additionally, if your order is refused or cancelled following payment, New Earth Organics will reimburse you for the full amount paid. In the event you, the customer, cancels an order after the order has shipped out, any refund shall be minus shipping cost (actual or flat rate) and any associated credit card processing fees.

The third-party credit card service provider must approve all purchases made through the use of a credit card.
Under this Agreement you agree not to resell any products purchased, nor to transfer any of your rights hereunder without the prior written consent of New Earth Organics.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Modifications to the Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

General Conditions

You acknowledge and warrant that any information you may post, transmit or submit to this webpage does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the webpage or to any other user.
Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of New Earth Organics. New Earth Organics is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that New Earth Organics may choose to enforce.

Accuracy, Completeness and Timeliness of Content:

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Communications and Customer Account: 
You authorize New Earth Organics to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.

Communications you send to New Earth Organics are not effective unless and until they are processed by the responsible New Earth Organics representative. New Earth Organics may refuse to process any communications sent to New Earth Organics, or may reverse the processing of any communications sent to New Earth Organics, at any time in New Earth Organics’ discretion, and without any notice or liability to you or any other person, including if New Earth Organics believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

You are responsible for maintaining the security of your customer account on this webpage. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held solely responsible.

You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your password to any other person or permit any other person to use your account or Codes. You will immediately notify New Earth Organics Customer Service by telephone 1-403-835-2826 or e-mail to info@newearthorganics.com if you discover any unauthorized use of your account or you know or suspect that your password have been lost or stolen or become known to or used by any other person. New Earth Organics will not be liable for any loss or damage arising from your failure to comply with the above requirements.

New Earth Organics is not under any obligation to verify the actual identity or authority of any person using your account. New Earth Organics may act upon any communication that is given through your account or by using your passwords.

Passwords DO restrict access by New Earth Organics to password-protected information. New Earth Organics does not at any time have access to your private account. New Earth Organics may in its discretion cancel or suspend your account at any time without any notice or liability to you or any other person.

NEO may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if NEO is not satisfied with the proof.

Copyrights and Trademarks and Prohibited Uses: 

All materials displayed or otherwise accessible through this website are owned by New Earth Organics and third party content suppliers, and are protected under the applicable copyright and trademark laws of Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by NEO and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms & Conditions and 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, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of NEO.

You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by NEO in the operation or provision of the Website except while you are using the Website in accordance with these Terms & Conditions.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Shipping Policy and Terms:
NEO will ship based on the method selected from the current available options upon checkout. Orders are shipped out within 1-24hours M-Th. The estimated time of the arrival of your product should be considered as an estimate only, NEO will not be responsible for any damages due to delays in shipping or unforeseen circumstances.
The available options and cost for shipping, whether flat rate or actual will be provided in the checkout page when you make a purchase. You are responsible for all federal and provincial shipping related taxes, and you agree to comply with all export laws of Canada that apply to the products purchased or received under this agreement. 
New Earth Organics uses a variety of third party shipping services to ship its products (Canada Post, UPS, Purolator, and Fedex in most cases). NEO will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider. If a package arrives damaged, we are happy to place a claim on your behalf and help rectify the situation.

Refund Policy:
If any of our products do not meet your expectations, we want to know and help make things right. Please email orders@newearthorganics.com, and include your order number and a description of the reason for the desired return. We will investigate and evaluate the request before a replacement or refund will be issued.

We will gladly refund the purchase price of your unopened, returned product in full within sixty (30) days of the original purchase date. 

**Please note: Refunds will only be issued to the same payment method that was used for the original purchase, and the cost of the original shipping will not be refunded NOR the credit card processing fees if any when applicable. Items for return must be sent back at the expense of the customer.

Unwanted items must be unopened with the seal fully intact for refunds to be issued – No exceptions – minus original shipping costs AND minus credit card processing fees if any when applicable.

Returns due to quality issues, will be covered by NEO in the form of a printable prepaid shipping label, and must be pre-approved for return before being sent back to us. To place a request for a return label, please contact us at orders@newearthorganics.com or info@newearthorganics.com – Product sent back without pre-approval may not be refunded.

New Earth Organics will not be responsible for lost, stolen, undelivered items, or items refused by customs. If your package has not arrived in a timely fashion please contact us at info@newearthorganics.com and we will be happy to make a claim on your behalf.

If a shipment is returned to us un-delivered, we will contact you, and you will have the option to be refunded for the product (minus the original shipping fee) or we can reship the order to a new address after receiving an additional shipping fee.

Refused Packages: When you refuse a package there is a shipping fee associated with the return that will be charged to us upon receipt of the item; the exact cost of this return fee will be unknown until that time. This fee associated with receiving the return will be deducted from the total of the refund before it is issued. *If you refuse a shipment due to damage to the package, there will be no return fee charged.

Disclaimer: 
TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND NEW EARTH ORGANICS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBPAGE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBPAGE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, NEW EARTH ORGANICS DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK.

Limitation of Liability: 
YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL NEW EARTH ORGANICS, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential, incidental, punitive or otherwise. NEW EARTH ORGANICS, ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. NEW EARTH ORGANICS HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF NEW EARTH ORGANICS, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURENCE OF THE ABOVEMENTIONED DAMAGES. NEW EARTH ORGANICS MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. This limitation is an essential element of the agreement between NEW EARTH ORGANICS and you.

Indemnification: 
You agree to indemnify, defend and hold harmless (including reasonable legal fees) NEW EARTH ORGANICS, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.

Miscellaneous: 
This webpage, any use of this webpage and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the Province of Alberta, without regard to conflict of law rules. Both NEW EARTH ORGANICS and you agree to the exclusive jurisdiction of the Province of Alberta.

This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.