TERMS AND CONDITIONS

Joshua Tree Kombucha Agreement

This Agreement ("Agreement") is an agreement between you and JT's Kombucha  ("Joshua Tree Kombucha") that states the terms and conditions under which you may use the Site and receive Joshua Tree Kombucha orders, which includes processing and delivery of product orders. Your use of Joshua Tree Kombucha ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or Joshua Tree Kombucha ordering service.

If you have any questions about this Agreement or the Site please send us an email.

ORDER POLICIES

Placing Orders. Orders may be placed online through our secure website. 

Process Time. Orders are filled in the order they are received and will not ship until payment has been received by Joshua Tree Kombucha. Joshua Tree Kombucha reserves the right to hold orders for up to two weeks or as otherwise necessary to verify payment. Once payment has been received, we strive to process all orders within two business days (Monday – Friday excluding holidays).

Cancellation and Order Change Policy. All sales are final. Once an order has been shipped, no cancellations are possible. Similarly, if you wish to add to your order, Joshua Tree Kombucha reserves the right to treat any additions as a second order incurring additional shipping charges.

Refund Policy. We love our products and hope you will too. If you are not totally in love, here’s what to do:

If you have starter cultures: Starter cultures are living things and can behave in sometimes unpredictable ways. If you are having any trouble at all with your starter, please contact our support team at the first sign of trouble. They are professionals and very experienced at saving cultures from seemingly hopeless situations. If we can’t turn your starter around, we will promptly send a replacement and work with you to ensure everything goes as smoothly as possible.

If you have other items: If a product is defective, please let us know. We really want you to have the best tools for your projects. We will send a prompt replacement for any item that is broken, damaged, or defective. Contact our support team so we take care of that.

If you just don’t like your items: It happens. Buying online means you can’t see, smell, and feel what you’re buying. We are happy to refund your purchase on items that are in unused, resale condition. Please contact us within 30 days of delivery and replace the items in the shipping box. Contact us to receive a Return Form. Send the product back to us with a completed Return Form. As soon we receive the box back at our warehouse with the return form, we will email you a gift code for your full purchase price. If you would prefer a direct refund to your credit card or PayPal account, just let us know! Please be aware that we are unable to refund shipping charges.

The legal disclaimer for refunds: Direct refunds will be issued to the same credit card used at the time of the order. If for any reason a refund to the specific credit card cannot be processed, Joshua Tree Kombucha reserves the right to issue refunds via check. Joshua Tree Kombucha does not control when a specific credit card company processes a chargeback transaction. While it typically takes 3-10 business days for a credit/refund transaction to appear on a credit card statement, the exact amount of time is dependent on the specific policies of each credit card company. The customer is responsible for contacting his/her credit card company if there are questions about the status of the chargeback.


Product Availability. At Joshua Tree Kombucha we maintain high standards in all our processes to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to circumstances beyond our control, or we may determine that the quality is below our standards. If we are unable to ship all or part of any order our liability will be limited to those amounts paid under this Agreement.

Shipping Terms. All orders placed through our secure website, or by phone must be ordered and received by the same person. The only exceptions are gifts where no financial transaction occurs between parties. Consequently, drop-ship and similar order and shipment methods are not allowed.


SHIPPING POLICIES

Shipping Method & Costs. All orders will be shipped from California. All orders are shipped via USPS or UPS (except for manufacturer direct products, which may come by FedEx, UPS, or USPS). Domestic orders include delivery confirmation or tracking information, which will be provided to you in the shipping confirmation email. You will have the option of choosing between shipping methods at checkout. Please note, we reserve the right to upgrade your shipping method at no additional charge to you (e.g., upgrade UPS Ground to USPS Priority Mail, USPS Parcel Post to UPS Ground, etc.). Standard shipping is generally 3-10 business days (not guaranteed) via USPS First Class Mail, USPS Parcel Post, or UPS Ground. We also offer two expedited shipping options: USPS Priority Mail and UPS 2nd Day Air. To determine the estimated shipping charges for your order, visit the shopping cart and click on the "calculate shipping" link for shipping rates. We cannot guarantee the timeframe or parcel arrival date for any shipping method.

International Shipping. International shipping is not available for individual orders. 

Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you upon Joshua Tree Kombucha’s delivery of the order to a shipment carrier. We encourage you to use the tracking information supplied for your order to track and retrieve items promptly.

Order Arrival. Starter cultures and some products are sensitive to extreme temperatures and should be removed from the shipping box immediately and placed in a cool dry place such as the refrigerator or the freezer. 

PAYMENT TERMS

Forms of Payment. To make your ordering as flexible as possible, we accept Visa, Mastercard, Discover, American Express and Paypal. For your security, we do not accept payment information via email. 

Invalid Payments. Joshua Tree Kombucha will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Joshua Tree Kombucha reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any costs, including attorneys' costs and collection costs, that Joshua Tree Kombucha may incur in its efforts to collect any unpaid balances from you. Your right to use Joshua Tree Kombucha Online Ordering Service is subject to limits established by Joshua Tree Kombucha and/or by your credit card issuer.

Wholesale and Volume Pricing. We welcome wholesale orders. Please contact us for wholesale pricing and terms. Buying clubs/co-ops wishing to place a large group order should contact us for volume pricing information.

OTHER TERMS & CONDITIONS

Privacy. Your privacy is important to us. We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with us. To respect your privacy, all information collected on this Site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless you consent otherwise! Please feel free to call or email us with any questions regarding our privacy policy.

Product Information. We make every effort to provide you with accurate information that is complete, reliable, current, and error-free. If a product offered by Joshua Tree Kombucha is not as described, your sole remedy is to return the product in unused condition for a refund.

Electronic Communications
By providing your email to Joshua Tree Kombucha you consent to receive communications from us electronically. Joshua Tree Kombucha may send occasional emails about changes to its services, surveys, or special offers. If you would like to opt out of receiving such emails please send us an email stating that you do not wish to receive promotional communications. If you do opt out, you will continue to receive non-promotional communications regarding the status of your orders or your account.

Third-Party Information Providers and Merchants
Joshua Tree Kombucha may permit you to order and receive products, information, and services from businesses that are not owned or operated by Joshua Tree Kombucha. In such instances, Joshua Tree Kombucha acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Joshua Tree Kombucha makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Joshua Tree Kombucha makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Joshua Tree Kombucha. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Joshua Tree Kombucha for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Joshua Tree Kombucha is strictly prohibited. You acknowledge that Joshua Tree Kombucha and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Joshua Tree Kombucha reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately upon written notice from Joshua Tree Kombucha.

Trademarks
" Joshua Tree Kombucha," all Joshua Tree Kombucha logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Joshua Tree Kombucha or otherwise proprietary to Joshua Tree Kombucha and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Joshua Tree Kombucha and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or Joshua Tree Kombucha.

Site Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access Joshua Tree Kombucha and the Site. Please contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on Joshua Tree Kombucha Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You also acknowledge that from time to time Joshua Tree Kombucha or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Joshua Tree Kombucha may undertake from time to time; or (iii) causes beyond the control of Joshua Tree Kombucha or which are not reasonably foreseeable by Joshua Tree Kombucha.

Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access Joshua Tree Kombucha. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Joshua Tree Kombucha, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of Joshua Tree Kombucha, which includes, without limitation, use of Joshua Tree Kombucha Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on Joshua Tree Kombucha Online Ordering Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Joshua Tree Kombucha to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF JOSHUA TREE KOMBUCHA, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. JOSHUA TREE KOMBUCHA, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, JOSHUA TREE KOMBUCHA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO JOSHUA TREE KOMBUCHA, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH JOSHUA TREE KOMBUCHA ONLINE ORDERING SERVICE; JOSHUA TREE KOMBUCHA DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. JOSHUA TREE KOMBUCHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR JOSHUA TREE KOMBUCHA ONLINE ORDERING SERVICES. JOSHUA TREE KOMBUCHA DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER JOSHUA TREE KOMBUCHA NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "JOSHUA TREE KOMBUCHA PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, JOSHUA TREE KOMBUCHA ONLINE ORDERING SERVICE, OR THE INTERNET.

JOSHUA TREE KOMBUCHA LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF JOSHUA TREE KOMBUCHA ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. JOSHUA TREE KOMBUCHA RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Joshua Tree Kombucha controls and operates this Site and uses it for its operations in the state of California, USA. Joshua Tree Kombucha makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

Indemnification. You agree to defend, indemnify, and hold Joshua Tree Kombucha harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Termination. this Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Joshua Tree Kombucha may suspend or terminate this Agreement or Joshua Tree Kombucha or remove or disable access to any portion of Joshua Tree Kombucha at any time for any reason with or without notice to you. You may terminate this Agreement and your Joshua Tree Kombucha at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Joshua Tree Kombucha reserves the right to collect costs and charges incurred before you cancel your Joshua Tree Kombucha. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Joshua Tree Kombucha may give notice to you of a change in this Agreement, a change in Joshua Tree Kombucha cost schedule, and any other matter through a general posting on Joshua Tree Kombucha Site, by electronic mail. You may give notice to Joshua Tree Kombucha by electronic mail.

Entire Agreement. This Agreement and any order form submitted to Joshua Tree Kombucha represent your entire agreement with Joshua Tree Kombucha regarding the use of Joshua Tree Kombucha services, products, and Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Joshua Tree Kombucha and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

DISPUTES. If any dispute arises under this Agreement, the parties agree that a good-faith attempt to resolve the dispute will be made at a meeting at a neutral site with a neutral third-party mediator. If the parties fail to resolve the dispute through mediation, then the parties agree to submit to a mutually agreed upon arbitrator. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of California for the county of San Bernardino. The arbitrator shall be governed by the laws of the State of California and shall be as speedy as reasonably possible. The applicable arbitration rules for the San Bernardino county courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by the Agreement for undisputed portions. In any event, you expressly agree that the provisions of this contract shall be construed in accordance with the provisions of the laws of the State of California and you further expressly agree to personal jurisdiction by the state and federal courts sitting in the State of California for any related dispute if such dispute is taken out of or fails to end in arbitration. Any claim or cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of Joshua Tree Kombucha Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Joshua Tree Kombucha service.

Amendment
Joshua Tree Kombucha may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on September 6, 2017.