Effective Date: March 1, 2024
Last Updated: March 1, 2024
1. Agreement Acceptance
By accessing, browsing, or using Pink Guava Farm's website (pinkguava.blog), purchasing our products, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these terms, please discontinue use immediately.
2. Business Information
Business Name: Pink Guava Farm
Address: 11006 Johnson Dr, Shawnee, Kansas 66203
Phone: (913) 268-5393
Email: support@pinkguava.blog
Business Hours: Monday-Friday 8:00 AM - 6:00 PM, Saturday 9:00 AM - 4:00 PM, Sunday Closed
3. Product Information and Availability
3.1 Product Descriptions
We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, colors, images, or other content are accurate, complete, reliable, current, or error-free. All products are subject to availability and seasonal variations.
3.2 Organic Certification
Our products are certified organic by [Certification Body Name] under USDA Organic standards. Organic certification details are available upon request. We comply with all organic labeling and marketing requirements.
3.3 Pricing
All prices are listed in USD and are subject to change without notice. Seasonal variations may affect pricing and availability. Current pricing will be confirmed at the time of order placement.
4. Order Process and Payment
4.1 Order Acceptance
All orders are subject to acceptance and product availability. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
4.2 Payment Terms
- • Payment is required in full before product shipment
- • We accept major credit cards (Visa, MasterCard, American Express, Discover)
- • Payment processing is handled by certified PCI-compliant processors
- • All transactions are processed in USD
- • We do not store credit card information on our servers
4.3 Order Confirmation
You will receive an email confirmation upon successful order placement. This confirmation does not guarantee product availability or final order acceptance.
5. Shipping and Delivery
5.1 Shipping Policy
- • We ship within the continental United States
- • Shipping costs are calculated at checkout
- • Estimated delivery times are provided but not guaranteed
- • Fresh produce requires special handling and expedited shipping
- • Shipping schedules may be affected by weather and seasonal factors
5.2 Delivery and Risk of Loss
Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not responsible for delays, damage, or loss during transit. We recommend purchasing shipping insurance for high-value orders.
5.3 Delivery Failures
If delivery fails due to incorrect address information or customer unavailability, additional shipping charges may apply for redelivery attempts.
6. Returns, Refunds, and Quality Guarantee
6.1 Perishable Product Policy
Due to the perishable nature of fresh organic produce, we have specific return and refund policies:
- • Quality concerns must be reported within 24 hours of delivery
- • Photo documentation may be required for quality claims
- • Refunds or replacements are provided at our discretion based on quality assessment
- • Products cannot be returned after the 24-hour window
6.2 Quality Guarantee
We guarantee the quality and freshness of our organic produce at the time of shipment. If you receive products that do not meet our quality standards, we will provide a replacement or full refund.
6.3 Refund Processing
Approved refunds will be processed within 5-7 business days to the original payment method. Shipping costs are non-refundable unless the return is due to our error.
7. Website Use and Intellectual Property
7.1 Permitted Use
You may use our website for lawful purposes only. You agree not to use the website in any way that could damage, disable, overburden, or impair our servers or networks.
7.2 Intellectual Property Rights
All content on this website, including text, graphics, logos, images, and software, is the property of Pink Guava Farm or its licensors and is protected by copyright, trademark, and other intellectual property laws.
7.3 User Content
Any content you submit to our website (reviews, comments, photos) grants us a non-exclusive, royalty-free license to use, reproduce, and display such content for business purposes.
8. Health and Safety Disclaimers
8.1 Nutritional Information
Nutritional information provided is approximate and may vary based on growing conditions, harvest timing, and storage. Always consult with healthcare professionals regarding dietary requirements and restrictions.
8.2 Allergies and Food Safety
While our products are grown organically, they may come into contact with allergens during growing, processing, or shipping. Individuals with food allergies should exercise appropriate caution.
8.3 Health Claims
Any health benefits mentioned have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure, or prevent any disease. Consult healthcare professionals before making dietary changes.
9. Limitation of Liability and Warranties
9.1 Disclaimer of Warranties
Except as expressly stated, all products and services are provided "as is" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
9.2 Limitation of Liability
To the maximum extent permitted by law, Pink Guava Farm shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, regardless of the theory of liability.
9.3 Maximum Liability
Our total liability for any claims arising from your use of our products or services shall not exceed the amount paid by you for the specific product or service giving rise to the claim.
10. Google Services Compliance
10.1 Google Ads Compliance
Our advertising practices comply with Google Ads policies. We do not make misleading claims, use prohibited content, or engage in restricted practices as defined by Google Ads policies.
10.2 Google My Business
Our Google My Business listing provides accurate, up-to-date information about our business. We comply with Google My Business guidelines and terms of service.
11. Dispute Resolution
11.1 Governing Law
These terms are governed by the laws of the State of Kansas, USA, without regard to conflict of law principles.
11.2 Dispute Resolution Process
Any disputes arising from these terms or your use of our services will first be addressed through good faith negotiations. If resolution cannot be reached, disputes will be resolved through binding arbitration in Johnson County, Kansas.
12. Indemnification
You agree to indemnify and hold harmless Pink Guava Farm, its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising from your use of our website, violation of these terms, or infringement of any third-party rights.
13. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
14. Severability
If any provision of these terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the original intent.
15. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Pink Guava Farm regarding use of our website and services, superseding any prior agreements or understandings.
16. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified terms. We will notify users of significant changes via email or website notification.
17. Age Restrictions
Our services are intended for individuals 18 years of age or older. Minors may use our services only with parental or guardian supervision and consent.
18. Contact Information
For questions, concerns, or disputes regarding these Terms and Conditions, please contact us:
Pink Guava Farm
11006 Johnson Dr, Shawnee, Kansas 66203
Email: legal@pinkguava.blog
Phone: (913) 268-5393
Business Hours: Monday-Friday 8:00 AM - 6:00 PM CST
19. Compliance Certifications
Pink Guava Farm maintains compliance with:
- • USDA Organic Standards
- • Google Ads Policy Guidelines
- • Google My Business Terms of Service
- • Federal Trade Commission (FTC) Guidelines
- • Kansas State Business Regulations
- • Food Safety Modernization Act (FSMA) requirements