Terms and Conditions

SALE TERMS AND CONDITIONS

Welcome to www.getgoodfruit.com (  the“Website”).  Your use of the Website to purchase goods and merchandise found on the Website is subject to your acceptance of these Sale Terms and Conditions and the Website’s separate Privacy Policy and Terms of Use (collectively the “Policies”).  You should carefully read these Sale Terms and Conditions and the other Policies before using this Website.  By using the Website, you agree to be bound by and accept these Sale Terms and Conditions and the other Policies.  If you do not agree to these Sale Terms and Conditions and the other Policies, do not use this Website.  This Website is the sole property of 9 GOoD Fruits, L.L.C. under the business name GOoD Fruit Home Scents the “Company,” “GOoD Fruits Home Scents,” “we,” “our” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Sale Terms and Conditions or the other Policies.  You agree not to use this Website in any manner which could damage, disable, overburden, or impair this Website or which would interfere with any other party’s use of this Website.  You hereby assume all risks associated with the use of this Website and should not rely upon any content or materials on this Website (the “Content”) for any reason whatsoever.

GOoD Fruit Home Scents is a privately-held, family-owned company located in Accokek, Maryland. We create candles, room sprays, and aromatic fragrance sachets for our customer base. The staff at GOoD Fruit Home Scents is wholly focused on providing high quality products to our customers. We understand the importance of receiving your supplies promptly, and we strive to fill and ship all orders within two business days of receipt. Your questions, comments and suggestions are very important to us.  We encourage you to contact us for assistance via email anytime at getgoodfruit@gmail.com 

AGE LIMIT

In order to utilize the Website, you must be 18 years of age or older, or if under age 18, you must have your parent’s or guardian’s permission.  By using the Website, you hereby represent and warrant to the Company that you are in fact 18 years of age or older or you have your parent’s or guardian’s permission.

ACCOUNT INFORMATION

In order to utilize the Website to purchase goods and merchandise, you additionally agree to the terms and conditions set forth by GoDaddy.com.   Additional information with regard to Terms and Conditions for GoDaddy's website can be found here: https://www.godaddy.com/legal/agreements/universal-terms-of-service-agreement

ORDERS

You may utilize the Website to order goods and merchandise offered by the Company.  The Company reserves the right to refuse acceptance of any order, or to otherwise cancel any order for the Company’s convenience or otherwise, in its sole and absolute discretion, without penalty. 

We use reasonable efforts to process and ship orders within two business days, but we do not guarantee it.  During our busy season (September 1-December 20), orders may take several days to process and ship due to order volume.  

PRICING

The pricing for each product shall be clearly displayed on the Website at the time you purchase the products from the Company on the Website.  GOoD Fruit Home Scents reserves the right to change its prices, at any time, without notice.  Revised prices will be available on the Website.  The amount of any local, state, federal, provincial or international tax or tariff levied on the goods, including, without limitation, sales or use tax if required to be collected by the Company, shall remain be your sole responsibility, and where required to be collected by the Company, shall be added to each order. 

If the Company receives an order that includes items that are out of stock, the Company will contact you via email to inform you of the out of stock items and either credit your payment method for the amount of the out of stock merchandise or offer to hold your order until the item is available.  

PAYMENT

Goods can be purchased by you through the Website by credit card (currently accepted are American Express®, Discover®, MasterCard® and Visa®), by debit card, by using your PayPal® account, or by using any other method of payment authorized on the Website at the time of order (each a “Payment Account”).  By using a Payment Account with the Website, you represent and warrant to the Company that (a) you are the holder of the Payment Account submitted for approval to the Company; (b) the Payment Account billing information is correct, current and complete; and (c) you authorize the Company to charge the provided Payment Account for the total amount of the purchase, plus any shipping and taxes, for which you have submitted the Payment Account.  

No CODs or checks are, or will be, accepted.  We are not responsible for delays in order processing due to declined Payment Accounts.       

SHIPMENT

All packages will be shipped with tracking information. (Once a package shows delivered by the carrier, GoOD Fruit Home Scents is no longer responsible.) All shipping costs shall be your sole responsibility unless otherwise noted when ordering.  For any merchandise that is returned to the Company due to an incorrect address provided by you, you shall be responsible for all additional shipping costs incurred by the Company and you hereby authorize the Company to charge your Payment Account for such additional shipping costs.

DELIVERY

All shipping is currently done through USPS, although the Company reserves the right to change this at any time.  You are solely responsible for all shipping and delivery costs for the delivery method selected by you when placing your order.  You authorize us to bill such shipping and delivery costs to your Payment Account.  Because of the many possible variables of an order, on-line shipping charges may not calculate properly in the check-out process. In this case, shipping charges may be billed separately from your order, and you authorize us to bill such shipping and delivery costs to your Payment Account.  Once an order is placed, it is given a specific order ID#. Our shipping system integrates with these numbers so that your package is shipped as fast as possible to you.

All of our merchandise is inspected for damage prior to shipping.  If you receive products that were damaged during transit, please email us getgoodfruit@gmail.com to report the damage, and we will assist you in placing a damage claim with carrier who made your delivery.

The Company will not be held responsible for lost or stolen merchandise.  If you find that your package has been lost or stolen, contact us at getgoodfruit@gmail.com, and we will assist you in making a claim and/or placing a tracer on your package.  Please be advised that tracers and other requests only initiate investigation into delivery issues and can take weeks to progress or be resolved.  If it is discovered that your package was stolen, we suggest that you file a police report with your local police department.

RETURNS

All sales, including, without limitation, candles, room sprays, and sachets, unless a particular order has missing items or contains incorrect products, in which event, returns, exchanges and refunds will be accepted for the missing or incorrect products only are final.  All orders that have missing items or that contain incorrect products must be reported to the Company within 48 hours of delivery. After 48 hours from delivery, all orders are presumed to be accurate, and no returns, refunds or exchanges will be accepted after that time.

To process a claim regarding missing or incorrect products, contact us within 48 hours of delivery at getgoodfruit@gmail.com.  Incorrectly shipped items will be returned, exchanged or refunded only if returned to us unopened and in its original packaging.  The address to the Company for shipping will be provided after confirmation of receipt of notice of incorrect/damaged order. Upon receipt of the returned item, we will fully examine it and notify you via phone or email, within a reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your Payment Account.

Permissible returns, exchanges and refunds do not include any shipping and handling charges.  Shipping charges for all permissible returns, exchanges and refunds must be prepaid and insured by you. You are responsible for any loss or damage during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable, and any amounts refunded will not include the cost of shipping.

CANCELLATION

Once an order is placed and accepted, it cannot be cancelled by you.  Exceptions will not be made to this cancellation policy.  Any additions to an order will be treated as separate orders and assigned a separate order number.  It is crucial that you double and triple check the accuracy of your order before clicking the “place order” button during checkout.  The Company will not be held accountable for and will not correct any order mistakes that you have made.  The Company will not add to your order or take away from your order. The Company reserves the right to combine orders for shipping. Shipping is based on weight and will not be refunded.

There is a fifteen (15%) restocking fee charged for any order that the Company cancels due to lack of payment in full.  

PRODUCT DESCRIPTIONS

The Company attempts to be as accurate as possible in describing products and merchandise for sale on the Website.  However, the Company does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free.  

Disclaimer; Limitation of Liability

THE WEBSITE AND THE PRODUCTS FOR SALE THEREON ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ITS SERVERS OR THE CONTENT ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THE WEBSITE. 

YOU ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY ACTION TAKEN WITH RESPECT TO YOUR USE OF WEBSITE CONTENT THAT IS NOT AUTHORIZED BY these Sale Terms and Conditions or the policies.  THE COMPANY’S SOLE LIABILITY UNDER these Sale Terms and Conditions AND THE POLICIES SHALL BE FOR THE AMOUNTS PAID BY YOU FOR THE GOODS PURCHASED OVER THE WEBSITE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY UNDER THESE SALE TERMS AND CONDITIONS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE PURCHASE PRICE OF ALL GOODS PURCHASED BY YOU ON THE WEBSITE FOR THE RELEVANT ORDER.  THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS) RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH these Sale Terms and Conditions, THE POLICIES OR YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification 

By using the Website, you agree to defend, indemnify and hold harmless the Company its members, managers, shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, arising from, in connection with, or in any way relating to any actual or threatened lawsuit, claim or legal proceeding alleging any breach by you of these Sale Terms and Conditions or the Policies, or your use of the Website. The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Representations and Warranties

By using the Website, you hereby represent and warrant to the Company that: (a) you are 18 years of age or are utilizing the Website with the consent of your parent or guardian; (b) these Sale Terms and Conditions and the other Policies are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (c) you have full authority to enter these Sale Terms and Conditions and the other Policies and your entering these Sale Terms and Conditions and the other Policies does not require the approval or consent of any third party; and (d) your use of the Website will be in accordance with these Sale Terms and Conditions and the other Policies.

Modifications and Revisions

The Company may, in its sole discretion, modify or revise the Policies at any time, without notice to you, and all purchases after the effective date of such modifications shall be subject to such changes, amendments and modifications.  Any changes or revisions to the Policies will be posted on the Website.  Accordingly, you should visit this Website periodically to review the current version of these Sale Terms and Conditions and the Policies.

General Provisions

The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of the Website, these Sale Terms and Conditions, and the Policies shall be governed by the laws of the State of Tennessee, without regard to conflict of law provisions.  The sole jurisdiction for any legal proceedings arising out of your use of the Website or any provision in these Sale Terms and Conditions or the Policies shall be the state and federal courts covering Sullivan County, Tennessee.  Any waiver by the Company of a breach of any provision of these Sale Terms and Conditions or the Policies shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Sale Terms and Conditions or the Policies.  If any one or more of the provisions contained in these Sale Terms and Conditions or the Policies shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, these Sale Terms and Conditions or the Policies and any provision therein shall not be rendered null and void and shall not be affected or impaired.  These Sale Terms and Conditions and the other terms, agreements and Policies incorporated herein contain the entire agreement between you and the Company with respect to your use of the Website and hereby supersedes all previous agreements with respect to the use of the Website.  Your use of the Website shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company.

Contact Us 

If you have any questions or comments regarding the use of this Website, or the Policies, you may contact the Company by email at getgoodfruit@gmail.com  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments. Please note that the Company cannot give legal advice and no discussions or correspondences with the Company should be construed as such.

Attorney Fees 

In the event of a dispute between you and the Company regarding any claim arising out of your use of the Website, these Sale Terms and Conditions, or the Policies, the Company, if it prevails, shall be awarded all costs of bringing or defending a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute, including, without limitation, all arbitration related fees and expenses.

Arbitration/Class Action Waiver 

ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THESE SALE TERMS AND CONDITIONS, THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR PRICE GEORGES COUNTY, MARYLAND PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF.  UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.

ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION.  ANY ARBITRATION HEARING SHALL BE HELD IN PRINCE GEORGES COUNTY, Maryland, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Website Accessibility Statement

Accessibility Assistance. Alternate Method.

If you encounter difficulty using or accessing any element of this website provided by GOoD Fruit Home Scents, please email us at getgoodfruit@gmail.com  and we will work with you to provide the information or product you seek through an alternate communication method that is accessible for you consistent with applicable law (through email support). 

Feedback

Please contact us at getgoodfruit@gmail.com if you have any feedback or suggestions as to how we could improve the accessibility of this website or our other technology.