Terms Of Sale
Terms Of Sale
Last Modified: January 6, 2022
Terms and Conditions for the Online Sale of Goods and Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KROMA SUPERFOODS, PBC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through kromawellness.com (the "Site"). These Terms are subject to change by Kroma Wellness, PBC (referred to as “Kroma” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Kroma Wellness, PBC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by logging in to your customer portal on the Kroma site, clicking on Orders and Edit, then click Cancel Order on the order you wish to cancel. If you have any issues cancelling your order please contact us at firstname.lastname@example.org. Any requests to cancel your order after your confirmation email is sent may be rejected at Kroma’s sole discretion.
Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept credit card for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays or failures in shipments.
Returns and Refunds.
All sales are final. We cannot accept returns. If a product arrives damaged or you have concerns, please contact us at email@example.com. We may, in our sole discretion, replace the products, provide you with a full or partial refund for the purchase price of that products, or provide you with a credit for that product that will be automatically applied to future deliveries under your subscription.
If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at firstname.lastname@example.org.
Refunds will not be issued for delays that are the result of factors outside our control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and we will refund your purchase price for that order.
KROMA’S SUBSCRIPTION SERVICE
Our subscription service is an automatic, recurring weekly, biweekly, monthly, bimonthly, or quarterly subscription to Kroma wellness products (“Products”) (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from. Each week, every two weeks, or each month, depending upon your preference, you will receive a package containing Products from Kroma. You can find specific details regarding your Subscription Service by accessing your account details via the Website.
Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. WHEN YOU REGISTER FOR THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) KROMA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO SUBMIT PERIODIC CHARGES (E.G., WEEKLY), UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD (SUCH NOTICE OF WHICH WILL NOT AFFECT CHARGES SUBMITTED BEFORE KROMA REASONABLY COULD ACT), (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH SUBSCRIPTION PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE INDEFINITELY UNLESS IT IS CANCELLED OR PAUSED BY YOU OR US IN ACCORDANCE WITH THESE TERMS. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.
BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE KROMA TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION SERVICE, IF KROMA DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT KROMA MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION SERVICE AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).
Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME; HOWEVER, THE CANCELLATION WILL BECOME EFFECTIVE AT THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION SERVICE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD. YOUR SUBSCRIPTION SERVICE WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT PERIOD EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE AMOUNT PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. TO CANCEL YOUR SUBSCRIPTION SERVICE, LOG IN TO YOUR CUSTOMER PORTAL ON THE KROMA SITE, CLICK ON ‘SUBSCRIPTIONS,’ THEN CLICK ‘EDIT,’ SCROLL DOWN TO THE BOTTOM OF THE PAGE AND CLICK CANCEL SUBSCRIPTION. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION SERVICE BY YOU.
Payment and Pricing.
Pricing Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you, provided, however, you will always get your applicable Kroma Subscription discounts on top of the then-current price. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the service in accordance with these terms. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. Kroma will not be able to notify you of changes in any applicable taxes. The shipment of the Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with these terms.
Payment. You agree to pay for all orders made from your account in accordance with the prices and billing terms in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order from an account, you must provide valid payment information (e.g. credit card, debit card) through the Website. By placing an order through your account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Kroma to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Kroma to share payment information and instructions required to complete the payment transactions between Kroma, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) that no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your account in the event of any change in your payment information. Kroma reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Kroma reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.
From time to time, to the extent legally permitted, Kroma may offer free trials of certain subscriptions for specified periods of time without payment. If Kroma offers you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are only for first-time users of Kroma, unless stated otherwise.
ONCE YOUR FREE TRIAL ENDS, KROMA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION SERVICE (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION SERVICE CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION SERVICE PRIOR TO THE END OF YOUR FREE TRIAL. THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH SUBSCRIPTION PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION SERVICE ARE DESCRIBED IN THE CANCELLATION SECTION ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OR YOUR SUBSCRIPTION SERVICE HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
Kroma may offer discount promotions, discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an account through the Website and input their information and the code found on the Voucher to redeem. A Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Kroma, unless the Voucher states otherwise. Kroma reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance with the foregoing sentence, Kroma reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate these terms. Vouchers may only be redeemed through our Website, and not through any other website or method of communication. As a part of the verification process, Kroma may require you to provide additional identification information.
Skipping a Delivery.
To skip a delivery:
- Log in to the customer portal on the Kroma site.
- Click the Delivery Schedule tab to see all upcoming deliveries for your subscriptions.
- Click Skip next to the delivery that you would like to skip. If you want to unskip a delivery, click Unskip next to the order.
If you have any issues skipping a delivery, please contact us at email@example.com.
Edit Your Next Order Date.
To edit your next order date:
- Log in to the customer portal on the Kroma site.
- Click Subscriptions and then click Edit.
- You will be taken to a page where you can edit the next order date for your subscription.
- Once you select the new charge date, you can click on the Update next shipment date.
If you have any issues editing your next order date, please contact us at firstname.lastname@example.org.
Add a One-Time Product to a Subscription.
One-time products can be added to your subscription order. To add products:
- Log in to the customer portal on the Kroma site.
- Click the Subscriptions tab and select Edit next to the subscription you want to add a product to.
- Hover over the product you want to add and select Add One-time. This automatically adds the product to your shipment.
You can also add one-time products using the Add a Product button on the Subscriptions tab.
If you have any issues adding a one-time product to your subscription order, please contact us at email@example.com.
To manage or delete a one-time product:
- Click the Delivery Schedule tab.
- Select Manage Add-on.
If you have any issues managing or deleting a one-time product, please contact us at firstname.lastname@example.org.
Add a Discount Code.
To add a discount code to your subscription:
- Log in to the customer portal on the Kroma site.
- Click Edit on the Subscription you would like to discount
- Click Add Discount.
- Enter the code and select Add Discount.
If you have any issues adding a discount, please contact us at email@example.com.
Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Products is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that order.
You are not permitted to resell or otherwise use the Products for commercial purposes.
Update Your Billing Information or Customer Information
To update general payment information:
- Log in to the customer portal on the Kroma site.
- Click the Payment Methods tab.
- Expand the payment method to be adjusted and select Edit.
Payment methods are assigned by address profile. To edit the payment method assigned to a specific address profile:
- Log in to your customer portal on the Kroma site.
- Click the Subscriptions tab.
- Expand the Payment Methods section and update the information.
To update the shipping address for a specific subscription:
- Log in to your customer portal on the Kroma site.
- Click on Subscription and scroll down to Shipping Address.
- Click the arrow to expand.
- Select one of the other shipping addresses.
To update an existing shipping address or add a new address:
- Log in to your customer portal on the Kroma site.
- Click on Shipping. This will display all shipping addresses on your customer account.
Click the link on a specific address, which will allow you to update it ass needed, or click on the Add Address button to add a new address.
If you have any issues updating payment methods, addresses, or customer information, please contact us at firstname.lastname@example.org.
To cancel an existing order, please reach out to email@example.com.
Disclaimer of Warranties.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability.
ANY REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms may be performed despite the Force Majeure Event.
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Dispute Resolution and Binding Arbitration.
YOU AND KROMA SUPERFOODS, PBC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KROMA SUPERFOODS, PBC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kroma Superfoods, PBC.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to Kroma Superfoods, PBC, 2683 Via de la Valle, Suite G254, Del Mar, CA, 92014. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Cancellation of Subscription Services.
You may cancel your membership at any time. In order to cancel your subscription:
- Log in to your customer portal on the Kroma site.
- Click on Subscription and then click Edit.
- Scroll down to the bottom of the page and click on the Cancel Subscription button. If required, provide a cancellation reason and confirm the cancellation by clicking Proceed.
If you have any issues cancelling your subscription, please contact us at email@example.com.
Prices may go up or down over time, but you'll always get your applicable Kroma Subscription discounts on top of the then-current price.
KROMA’S LOYALTY REWARDS PROGRAM
Loyalty Rewards Program Terms and Conditions
The Kroma Loyalty Program (the “Program”) sponsored by Kroma is designed to help you get the most out of your membership. We reward you for doing the things you already do: shop on kromawellness.com (the“Site”). Best of all, you can use the points you earn to purchase more Kroma products!
The following terms and conditions (these “Loyalty Program Terms and Conditions”) contain important information regarding the Program. Please read the following Loyalty Program Terms and Conditions carefully. These Loyalty Program Terms and Conditions are incorporated into the Site Terms and Conditions. Acceptance of the Site Terms and Conditions includes acceptance of these Loyalty Program Terms and Conditions. These Loyalty Program Terms and Conditions are a binding agreement between you and Kroma and will govern your participation in any and all Program offers.
Participating in the Program entitles members (“Members”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Kroma in its sole discretion. Kroma reserves the right to modify these Loyalty Program Terms and Conditions at any time, without notice to you, so it is important to check the Loyalty Program Terms and Conditions periodically. Participation in the Program or redemption of Rewards is considered acceptance of these Loyalty Program Terms and Conditions and any modified terms included therein.
Upon notice, Kroma may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Program Reward.
This Program will continue until terminated, suspended, modified, or converted to another wards program by Kroma at its sole discretion (the “Program Period”).
To become a Member of the Program, you must be a legal resident of the fifty (50) United States, the District of Columbia, Guam, Puerto Rico, or the US Virgin Islands and be 13 years of age or older. To enroll in the Program, you can simply create a Kroma account, which can be accessed on our website under the ‘My Account’ page.
Earning and Redeeming Kroma Rewards Points
Kroma Rewards Points
Under the Program, Members will receive 1 Point (a “Kroma Rewards Point”) credited to their Kroma Rewards for every U.S. dollar spent.
Upon notice, Kroma reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Kroma Rewards Points’ value structure and offers and any merchandise or service. Kroma reserves the right to adjudicate all Kroma Rewards Points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Kroma Rewards Points balance on your account page.
Any reference to "merchandise" or the value of merchandise in these Loyalty Program Terms and Conditions for purposes of collecting Kroma Rewards Points includes all Kroma Products sold online through kromawellness.com only. It does not include payment for e-gift cards, gift cards, ticket purchases for special Kroma events, or value of any discount codes used. Kroma Rewards Points are not earned on purchases of Kroma products through other on- or off-line retailers.
As part of the Benefits of being a Member, your Kroma Rewards Points may be redeemed for rewards made available by Kroma from time to time in its sole discretion (“Rewards”). You are eligible to redeem Kroma Rewards Points for a Reward if you have enough Kroma Rewards Points in your account. Rewards can only be redeemed online and shipped to addresses in the contiguous United States.
Kroma Rewards Points themselves have no cash value and can only be redeemed for Rewards. Kroma may, in its sole discretion, allow Kroma Rewards Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Kroma, Kroma Rewards Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates.
Kroma Reward Point Expiration
It's our hope that you redeem your Kroma Rewards Points on a regular basis. All unredeemed Kroma Rewards Points will expire when a Program member has not engaged in Kroma Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months or longer. If you have questions regarding the date of your last Kroma Rewards Point activity or your last purchase, check your Profile page. If you feel Kroma Rewards Points have expired in error, please email customer service at firstname.lastname@example.org for assistance.
Kroma Rewards Profile Page
Your Kroma Rewards profile page is your destination for everything Kroma Rewards related, including your current Kroma Rewards Point balance or Kroma Rewards Point activity stored in your account. Your Kroma Rewards profile page can be accessed by logging into your online account at https://kromawellness.com/pages/rewards.
Kroma may offer Rewards through your profile page from time to time and in its sole discretion. Your Kroma Rewards page is where you can browse Rewards and then redeem Kroma Rewards Points for Rewards with redemption varying in Points.
All Kroma Rewards are offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered Kroma Rewards Member in order to redeem offers. Kroma Rewards Members may only redeem one of each Reward per transaction. Kroma Rewards Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Kroma in its sole discretion at any time.
All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Kroma Rewards Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from Kroma. Kroma is not responsible for lost, stolen, or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the contiguous United States. See specific Rewards for any additional terms and conditions.
You cannot redeem Kroma Rewards Points for more than the total amount of your purchase. Kroma Rewards Points may be used with discount codes offered by Kroma from time to time.
Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Kroma makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.
Redeeming a Reward
Rewards available for redemption online require a priced merchandise purchase.
If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Kroma customer service via email at email@example.com .
Refunds & Returns
Any items received as a result of Kroma Rewards Points redemption may only be exchanged for a refund of the applicable Kroma Rewards Points redeemed for such item (not cash or credit).
Purchases made with Kroma Rewards Points will ship in the normal course of business.
Kroma Rewards Points earned on a purchase that was subsequently returned or refunded will be rescinded in the event that such purchase is returned for a refund.
Kroma may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Kroma may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Loyalty Program Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Loyalty Program Terms and Conditions. Kroma reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Kroma deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Loyalty Program Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (d) activity deemed in the sole discretion of Kroma to be generally inconsistent with the intended operation of the Program. Any decision Kroma makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Kroma shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Program Terms and Conditions or intent of these Loyalty Program Terms and Conditions.
Except for willful misconduct or gross negligence on the part of Kroma, by participating in the Program, Members release Kroma, its directors, officers, employees, contractors, and agents, and its affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any Rewards.
Members agree to indemnify, defend and hold Kroma and its officers, directors, employees, contractors, representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Loyalty Program Terms and Conditions or any violation by Member of applicable law.
The laws of the State of California shall govern these Loyalty Program Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in California for all matters arising in connection with these Loyalty Program Terms and Conditions or Member’s participation in the Program.