This Shipping and Return Policy (this “Policy”) supplements the Terms and Conditions (with all capitalized terms in this Policy being defined as set forth in such Terms and Conditions unless otherwise expressly defined herein) that apply to the review and access of Product Materials regarding, and to the ordering, purchase and receipt of Products by Customers ordering Products at and through the Site(s), as provided by the Site(s)’ proprietor, Franko Pruett Enterprises LLC, an Arizona limited liability company, d/b/a Oil & Bloom Apothecary (“OBA”). If you, as a Customer, do not agree to be bound by this Policy or you otherwise do not fully understand and agree to the terms hereof, please do not order or purchase any Products at or through the Site(s).
1. Order and Shipping. All Orders are credited to the calendar month in which they are received by OBA. For purposes of Product orders, the calendar month ends on the first day of the following month at 12:00:00 A.M. Phoenix, Arizona time and begins on the first day of the month at 12:00:01 A.M. Phoenix, Arizona time. Orders of Products must be made through an authorized Customer Account at the Site(s). When paying with a credit card, the card number, expiration date and security must be included among Customer Content provided. Customer will be charged an administrative fee of USD $25.00 for declined credit card payments, as well as for checks returned for insufficient funds whenever checks are accepted by OBA. Orders for Products will usually be processed by OBA within seventy two (72) hours of receipt. Shipment will be by common carrier and delivery should be expected within three (3) to ten (10) business days. Orders placed during the last week of the month may be delayed due to the large volume of orders received at the end of the month. All shipping and fulfillment of Orders are subject to the Force Majeure provisions set forth in the Terms and Conditions.
a. Product Eligibility for Return. Customer may return any unused and unopened Product together with a copy of the corresponding purchase receipt to the OBA headquarters located in Phoenix, Arizona, within thirty (30) calendar days after the date OBA processes payment for purchase of the Product (the “Return Period”); provided that in order to be eligible for such a return, such Product must remain unused, unopened and sealed in its original packaging.
b. Initiation of Return. Should Customer so wish to initiate a return of any unused and unopened Product, Customer must initiate the return process prior to expiration of the Return Period by contacting OBA at email@example.com. In connection with the same, Customer must provide the corresponding purchase receipt with the corresponding Order number, confirm date of purchase and describe the reason for return of the Product, together with photographic evidence that the Product remains unused, unopened and sealed in its original packaging, and instructions to OBA as to whether Customer wishes for OBA to replace the Product (for damaged or defective items only) or to provide Customer with an in-store credit for the Product purchase price, including sales tax. Within ten (10) calendar days of receipt of Customer’s return request under this Section 2(b), OBA, in its reasonable discretion, shall either accept such a return, reject such a return due to failure to satisfy the eligibility criteria in Section 2(a), above, or request additional information and documentation from Customer in order to verify satisfaction of such eligibility criteria. Customer must follow the steps in this Section 2(b) in order to return a Product, and Customer shall forfeit Customer’s return and replacement rights under this Policy in the event Customer attempts to return a Product to OBA without Customer first requesting and OBA first accepting a return as set forth in this Section 2(b). Under no circumstances shall any refunds be issued. Rather, Customer will receive either a replacement Product for damaged or defective items at Customer’s option, or else Customer will receive an in-store credit. OBA reserves the right to cancel sales to any Customer or suspend or terminate the Customer Account of any Customer who abuses the satisfaction guarantee by excessively seeking to return Products.
c. Damaged or Defective Products. In the event OBA accepts Customer’s return of a damaged or defective Product based on the information provided under Section 2(b), above, which acceptance shall not be unreasonably withheld conditioned or delayed, OBA will send to Customer a return shipping label to Customer’s e-mail address on file with OBA in connection with the corresponding Customer Account, together with instructions for how and where to send the returned Product, together with a copy of the corresponding purchase receipt. OBA shall not be responsible or liable to Customer if Customer’s e-mail address on file with OBA under the corresponding Customer Account is inaccurate or outdated or if Customer fails to follow completely the instructions provided by OBA under this Section 2(c), and Customer shall forfeit Customer’s return and replacement rights under this Policy in the event of such inaccuracy or failure. Upon its receipt of the returned damaged or defective Product from Customer, together with a copy of the corresponding purchase receipt, OBA shall notify Customer that OBA has received and inspected the same and will instruct Customer whether OBA has approved the return and Customer’s choice of the replacement or in-store credit, which approval shall not be unreasonably withheld, conditioned or delayed. In the event OBA has approved the return, OBA will, as directed by Customer in the return request, either provide the Customer a replacement of the damaged or defective Product, whereupon OBA shall ship such replacement Product to Customer at OBA’s expense, subject to Section 4, below, or else provide an in-store credit for the total purchase amount, including sales tax.
d. Unneeded / Unwanted Products. In the event of a return request under Section 2(b), above, for an in-store credit for an unneeded or unwanted Product, OBA will send to Customer’s e-mail address on file with OBA in connection with the corresponding Customer Account instructions for how and where to send the returned Product, which must remain in its original unused, unopened and sealed condition, together with a copy of the corresponding purchase receipt. OBA shall not be responsible or liable to Customer if Customer’s e-mail address on file with OBA under the corresponding Customer Account is inaccurate or outdated or if Customer fails to follow completely the instructions provided by OBA under this Section 2(c), and Customer shall forfeit Customer’s return and replacement rights under this Policy in the event of such inaccuracy or failure. Customer shall then ship the unneeded or unwanted Product to OBA, at Customer’s sole cost and expense, within three (3) business days of Customer’s receipt of instructions from OBA. Upon its receipt of the returned unneeded or unwanted Product from Customer, together with a copy of the corresponding purchase receipt, OBA shall notify Customer that OBA has received and inspected the same and will instruct Customer whether OBA has approved the return and in-store credit, which approval shall not be unreasonably withheld, conditioned or delayed. In the event OBA has approved the return, OBA will provide an in-store credit for the total purchase amount, including sales tax.
e. Packaging, Shipping and Handling. Upon receipt of instructions from OBA under Section 2(c) or Section 2(d), above, Customer must safely package and secure the Product, together with a copy of the corresponding purchase receipt, in sturdy packaging and shipped as instructed by OBA. Returned Products must be received unopened and in new condition. Returned Products must be secured tightly and safely.
f. Exceptions; Non-Returnable Products. Certain types of Products, such as perishable items, refrigerated or heat-sensitive items, essential oils, personal care goods (like beauty products), special order items, cosmetics and books, cannot be returned under any circumstances, and Customer assumes full and final risk with respect thereto when Customer purchases the same. With respect to those Products, only returns for Products that are damaged upon Customer’s receipt thereof or otherwise defective or not the Product that Customer purchased under the corresponding Order, as set forth under Section 2(c), above, shall be available. Please contact OBA immediate if Customer has any questions or concerns about a specific Product. Notwithstanding anything to the contrary in this Policy, including without limitation this Section 2(f), no return of any kind, and no replacement or in-store credit of any kind, shall in any event or under any circumstance be available for any Product where a corresponding Order indicate that a sale is final, including without limitation sale items and clearance Products. Customer hereby assumes full and final with respect thereto when Customer purchases the same.
3. Recalls. OBA shall provide Customer prompt written notice of any manufacturer recall of any Product; provided that OBA shall not be responsible for any costs incurred by Customer in relation to any Product recall, except to the extent caused by an unreasonable, negligent or wrongful act or omission of OBA. With such limited exception, in the event of a Product recall, Customer hereby releases and fully discharges OBA in relation to the same, and OBA shall not in any event or under any circumstances be liable for the same; provided thatto the extent permitted by the corresponding manufacturer, OBA hereby assigns to Customer any warranty, contract and other claims at law and equity OBA may have against Manufacturer with respect to such Product, including without limitation any manufacturer warranties. In the event of a Product recall, a new return Period shall extend for thirty (30) days from the date OBA provides Customer notice of such recall, whereupon Customer may initiate the return process for the recalled Product as set forth in Section 2(b) and Section 2(c), above; provided that in the event of Customer’s return of the recalled Product under Section 2(c), above, instead of providing evidence that the recalled Product is less than ten percent (10%) used, Customer must provide evidence that no further use of the Product has occurred after OBA has provided Customer notice of the Product recall; and provided, further, that in the event Customer elects not to initiate the return process in such event, such election by Customer is at Customer’s sole and absolute risk, Customer releases and discharges OBA in relation to any use or disposition of the recalled Product, and Customer agrees to indemnify and hold harmless OBA and the OBA Parties in relation to the same.
4. Risk of Loss and Damage to Products. Products shall be shipped either from OBA or directly from the Product manufacturer as designated by OBA, in OBA’s sole and absolute discretion and as identified in a corresponding Order. In no event and under no circumstances shall OBA be liable or responsible for any loss of or damage to Products, either shipped to Customer by OBA or returned by Customer to OBA, while such Products are not under OBA’s care, custody and control, or for any delays in delivery of Products not caused by an unreasonable, negligent or wrongful act or omission of OBA. In the event of any loss of or damage to any Product during shipping and handling, while such Product is not under OBA’s care, custody or control, Customer’s sole recourse shall be against the applicable shipper or handler, and not against OBA, and to the extent applicable, permitted under applicable law, and not prohibited under OBA’s agreement with such shipper or handler, OBA hereby assigns to Customer OBA’s rights, remedies and claims against such shipper and handler with respect to the same.