Policies

Privacy Policy, Information Security Policy, Terms and Conditions, Refund Policy, Shipping Policy.

Collection of Personal Information

The only personal information collected by EarthSOIL, Inc. through our website is information that is submitted to us voluntarily by our customers. No personal information is obtained by simply browsing the site. We do collect web site usage information such as number of pages visited, navigation information, length of stay, domain names of browsers used, and other non-personally identifiable information.

It is our policy not to release our customers' phone numbers or e-mail addresses. This information is used by EarthSOIL, Inc. for Customer Care purposes, such as calling or e-mailing you with questions regarding your order. All e-mail addresses are also kept in strict confidence by EarthSOIL, Inc.. We do not rent or sell our customers' telephone numbers, e-mail addresses or any other personal information.

SHIPPING & HANDLING

Shipping & handling charges include outbound freight and packaging materials. Charges apply to all orders and are based on the actual cost of shipping by USPS.

Standard Shipping

Orders are shipped within 48 hours by US Postal Service. Please advise by email or phone at the time of ordering if you require a special carrier.

Expedited Shipping

Expedited shipping is available upon request. Additional charges apply. Please call for details.

Truck Shipping

Large orders may be shipped by truck or rail. Additional charges apply. Please call for details.

Shipping Outside Continental U.S.

Additional charges may apply when shipping to Alaska, Hawaii, or U.S. holdings outside of the contiguous United States.

SALES POLICIES

Sales Tax

Sales tax is charged on all North Carolina purchases unless we have your resale or tax exempt certificate on file. If we do not have it from a previous year, it must be included with your initial order. We will need an updated form every 3 years.

Return & Refund Policy

Your satisfaction is 100% guaranteed. Any order returned to us within 30 days of delivery are entitled to a full refund or credit. Item must be returned in unopened, saleable condition.

Pricing

Prices on the Earth-SOIL.com website are effective through Sept. 30, 2014 and are subject to change without prior notice.

EARTHSOIL, INC. & CUSTOMER RESPONSIBILITIES

Cultural Practices

The descriptions and cultural information on this website are based on the observations and experience of our employees, associates, and suppliers as well as recognized experts in the field. We strive to present the information you need to make your decisions as to the effectiveness of our products to your individual needs and desires. However, growing conditions vary considerably depending upon geographic location, soil type, climatic conditions, pest or disease pressures, and cultural practices. For those reasons, customers’ results may differ from our printed information.

We recommend that you consult your state’s agricultural extension service for information specific to your local area. Although we do our utmost to provide accurate, helpful information and advice, you alone are ultimately responsible for the success or failure of your plantings.

Plant Diseases

Many flower and vegetable species are susceptible to seed and soil-borne diseases. Our best efforts cannot guarantee absolute freedom from seed-borne disease, nor will they protect soil-borne organisms from attacking plants during growth.

NOTICE: ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

Under the appropriate laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only for CA, GA, ID, ND, SD) along with the required filing fee (where applicable) with the Commissioner/Director/ Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency.  A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.

IMPORTANT NOTICE TO BUYERS:

EarthSOIL, Inc., hereby states, as its sole and express warranty, that the products it sells will conform only to those label descriptions that are required by State and Federal Law. EARTHSOIL, INC. DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, NOR ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OTHERWISE. TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW, ALL products ARE SOLD AS IS. For dealers reselling EarthSOIL, Inc., it is their responsibility to inform their customers of EarthSOIL, Inc. conditions of sale and limited warranty.

EarthSOIL, Inc. further disclaims that any liability for any and all alleged disease losses, whether the alleged infection is seed borne or secondary-caused. EarthSOIL, Inc. makes no representations regarding the products it sells as free from disease.

Purchasers' exclusive compensation for loss or damage arising from purchase or use of products from EarthSOIL, Inc. shall be limited to an amount equal to the purchase price of such products. There shall not be included in any amount for incidental or consequential damages, nor for amounts expended in using or growing or harvesting the produce. This limitation of liability shall be applicable to any claim presented to EARTHSOIL, INC., regardless of the legal theory forming the basis of such claim and whether such theory involves negligence, contractual liability, or otherwise. All orders accepted are subject to availability.

These disclaimers or warranties and limitations of liability of EarthSOIL, Inc. may not be altered or amended, except by an instrument, in writing, signed by an authorized representative as designated by the President and CEO.

By acceptance of the product ordered, the buyer acknowledges the disclaimers and limitations herein described are conditions of sale and that they constitute the entire agreement between the parties regarding warranty or any other liability.

Any claim resulting from the use of EarthSOIL’s products must be presented to EarthSOIL, Inc. within 30 days after any defect or other basis of such claim was discovered or should have been discovered. EarthSOIL, Inc. will not assume any responsibility after the above-mentioned 30-day period. Some states do not allow the exclusion or limitation of the incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

IT IS EXPRESSLY UNDERSTOOD THAT ANY TECHNICAL ADVICE BY EARTHSOIL, INC. IN REFERENCE TO THE USE OF ITS PRODUCTS IS GIVEN GRATIS. FURTHERMORE, EARTHSOIL, INC. DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ADVICE GIVEN OR THE RESULTS OBTAINED.