Terms and Conditions of Sale
PLEASE READ CAREFULLY BEFORE USING THIS SITE AND/OR PURCHASING OUR PRODUCTS
BY ORDERING FROM THIS SITE, AS STATED ON THE EVERY PAGE OF THE SITE PLUS INSIDE THE SHOPPING CART, YOU ARE AGREEING TO THE TERMS OF THE DISCLAIMER AND THE TERMS ON THIS PAGE!
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ORDER ANYTHING HERE!
Access to and use of this web site and the merchandise available through this web site are subject to the following Terms and Conditions. By using this web site and its services, you are agreeing to all of these Terms and Conditions, without modification. If you do not agree to these Terms and Conditions please do not use this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Bikhuk US web site following the posting of changes to these Terms and Conditions will mean you accept and agree to be bound by those changes. These Terms and Conditions and any attachments hereto take precedence over Purchaser's additional or different terms and conditions, to which notice of objection is hereby given. Acceptance by Purchaser is limited to these terms and conditions.
Purchaser's acceptance of Seller's products hereunder represents acceptance of these Terms and Conditions and any attachments, AS WELL AS the terms of the Disclaimer, which together constitute the entire understanding between the parties and supersede any previous or contemporaneous communications, representations, or agreements by either party whether verbal or written. No change or modification of any of the terms and conditions herein shall be valid or binding on either party unless in writing and signed by an authorized representative of each party.
- POLICY regarding use of our Merchandise. Bikhuk US's products are NOT OFFERED FOR HUMAN CONSUMPTION or other unauthorized use. By using this web site and its services you are signifying that you are 18 years of age or older or of the age of majority where you reside (any minor who attempts to purchase will be prosecuted for fraud) and you are agreeing that you understand that the products available via this web site are not intended for human consumption, you are signifying that you have no intention of using them for human consumption or other unauthorized use, and you are agreeing not to ask questions or make statements through e-mail or any other form of communication which relate in any way to human consumption or other unauthorized use of our products. Any such communications cannot be responded to and will result in termination of your access to the products and services of this web site, without notice.
- LIMITATIONS OF LIABILITY. Buyer shall be solely responsible for determining the adequacy of the goods sold under contract between Buyer and Bikhuk US for any and all uses to which Buyer shall apply said goods. If the buyer is requesting we ship to a third party the buyer certifies that the person receiving the order has also already agreed to our Terms and Disclaimer and is also age 18 or older. IN NO EVENT SHALL BIKHUK US BE LIABLE FOR ANY DAMAGES WHATSOEVER, SUCH AS BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, DAMAGE FOR LOSS OF USE, OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL OR CLAIMS OF PURCHASERS CUSTOMERS, PHYSICAL HARM OR MISFORTUNE ARISING OUT OF OR RELATING TO USE OR UNAUTHORIZED MISUSE OF MERCHANDISE SOLD, INABILITY TO USE OR UNAUTHORIZED USE OF THIS WEB SITE OR ITS SERVICES, EVEN IF BIKHUK US HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
- Guarantee. Bikhuk US (hereafter, "Seller") guarantees and warrants that the goods sold to Buyer by Seller as of date of shipment, are correctly identified and labelled with their correct identity. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES. BIKHUK US DISCLAIMS TO THE FULLEST EXTENT OF THE LAW, ANY REPRESENTATIONS OR WARRANTIES (EXPRESSED, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) AS TO THE SERVICES, PRODUCTS, INFORMATION, AND OTHER CONTENT INCLUDED IN, SOLD VIA, OR ACCESSIBLE FROM THIS WEB SITE.
- Return Goods/Refunds. All sales are final. Seller will not accept returns for "change of mind" or any other reason. Refunds are not given unless requested prior to the order being shipped. Illegitimate chargebacks will be contested.
- Seed Non-Warranty. In keeping with the old tradition in the seed trade, we give no warranty, expressed or implied, as to the quality, productiveness, viability, germination rates, or any other matter of any seeds we sell, and we will not in any way be responsible for the crop.
- Acceptable Orders Policy. Seller has the right to terminate any order at any time it deems necessary for any reason whatsoever. In reality this would likely only happen if we suspect fraud or misuse of product.
- Shipment Risk of Loss and Packaging. All prices are FOB Seller's place of business unless otherwise stated on the invoice. Title to the goods and risk of loss and damage shall pass to Buyer at the FOB point.
- Loss in Transit. We cannot accept responsibility for an order being lost in transit unless the US Postal Service conducts an investigation and declares it lost in transit. If an order is lost in transit by the US Postal Service and certified as lost-in-transit by same, then we will replace the items, and that is the only circumstance in which we will re-ship. If a customer claims non-receipt of order and we have delivery confirmation results stating it was delivered, then we can neither re-ship nor issue a refund.
- Force Majeure. Seller shall not be liable for any failure to deliver or delay of delivery of goods where such failure or delay has been occasioned by fire, embargo, strikes, wars, accidents, acts of God, voluntary or involuntary compliance with any valid law or regulation of any governmental agency or authority, lack of transportation facilities, or similar causes beyond the control of Seller. In the case of the above causes, Seller shall not be relieved from making shipment or the Buyer from accepting delivery at the agreed price, when the causes of such delay are removed.
- Governing Law, Venue. These Terms are governed by and shall be interpreted in accordance with the laws of the State of California, without regard to any choice of law provisions. Users of this web site hereby consent to the exclusive jurisdiction and venue of courts in Orange County, CA U.S.A., regarding any and all disputes relating to these Terms, use of this web site or the products and services included in or available via this web site.
- CHARGEBACKS: We do not take any responsibility for issues that may arise at customs upon entry. Please note that by placing your order on our website, you are signifying that you have read and accepted responsiblity for your order and that chargebacks due to seizure or delay by customs will NOT BE ACCEPTED.
US Customs: We have recently seen an increase in delays at US customs upon entry of the shipments, mainly involving shipments entering the U.S. on the West Coast.
States that are affected include, but is not limited to - CA, OR, WA, AZ, ID, UT, NV, ID, NM.
Buyers should realize that there is a chance that shipments can be checked, temporarily held, returned or even seized. Although most shipments still arrive without any issues, buyers should realize that there is a risk involved when importing and that this risk is solely that of the customers.
Since the situation at US customs is constantly changing we recommend contacting us before placing your order for updated information.
Neither Bikhuk nor Bikhuk US deals with customs directly for the countries into which our powders are imported. We do not take any responsibility for issues that may arise at customs upon entry. Please note that by placing your order on our website, you are signifying that you have read and accepted responsiblity for your order and that chargebacks due to seizure or delay by customs will NOT BE ACCEPTED.