Terms of service

VOLVERde Terms of Use and Sale

Last updated:  July 27, 2022

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.

 1. General Conditions and Definitions

This Terms of Use agreement (“Agreement”) describes the terms of your use of the website https://volverde.com (“Site”). This Site is owned and operated by Volverde, LLC, an Illinois limited liability company (referred to hereafter as “we,” “us,” or “VOLVERde”). By accessing or otherwise using this Site you (“you”) agree to be bound by the terms of this Agreement and by the VOLVERde Privacy Policy (“Privacy Policy”). If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then do not use this Site. Minors under the age of 18 may not use the Site. If you purchase from the Site or subscribe to VOLVERde emails or blog posts, you represent that you are 18 years of age or older.

 2. Updates to Agreement

VOLVERde may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

3. Site Accessibility and Security

You will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. VOLVERde will not be liable for any damages to, or viruses that might infect your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of VOLVERde and Site maintenance. VOLVERde will not be responsible for any data lost during Internet transmissions or your inability to access the Site.

4. Links to Third-Party Websites

This Site MAY contain links to third-party websites provided by other content providers. VOLVERDE expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See the VOLVERde Privacy Policy for more information.

5. Privacy

VOLVERde is committed to protecting the privacy of your information. See the VOLVERde Privacy Policy for more information on VOLVERde privacy practices.

6. Ordering Product

While some products featured on the Site may be available in third-party retail stores, VOLVERde does not have a physical retail store. Instead, the products featured on the Site are shipped directly to you and are available for shipping only to locations in the contiguous 48 States of the United States (“VOLVERde Shipping Area”). The VOLVERde Shipping Area may change from time to time. To place an order, you must provide us with your name, shipping address, billing information, contact phone number, and email address. If you establish an account with VOLVERde to facilitate ordering, you will need to provide us with additional information and create a password. If you have used Shopify on other websites, you may be able to use Shopify’s express checkout Shop Pay, which recognizes emails and will send you a customer code to confirm your identity. We currently do not offer subscriptions, but we may offer such plans in the future.

7. Accuracy of Order Information and Shipping Address

It is your responsibility to ensure the accuracy and completeness of the information you enter when placing an order. If you do not enter complete and accurate information, we might not be able to provide you with the products you order. The shipping address you enter must be within the VOLVERde Shipping Area, or we will not be able to fulfill your order. If you realize after placing an order that the shipping address you entered is not correct, please notify us immediately at hola@volverde.com. If your order has not shipped, we might be able to accommodate the shipping change. If an order already has shipped, you will not receive a refund and you will need to re-purchase the product. You will receive a tracking number once your order has been shipped. VOLVERde is not responsible for orders placed with an incorrect shipping address or for products lost in transit.

8. Pricing and Availability

All prices shown are in U.S. dollars and are subject to change without notice. Shipping and handling charges are additional. After you provide us with the mailing address, as part of the checkout process prior to placing your order, you will see an itemized breakdown of the total product costs, taxes, and shipping fees. After purchase, you also will receive a confirming email with an itemized breakdown of the costs and fees. All items are subject to availability and some items may be one-of-a-kind. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Due to the nature of the Internet, it is not possible for us to restrict access to the Site only to those locations where we do business, but products offered on the Site are available for shipping only to the zip codes in the VOLVERde Shipping Area. You should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from us in a location where such products are not available for shipping. You must pay any sales taxes on the products, as required by your state and local governments.

9. Payment

Payment must be made through Shopify Payments. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid, is not otherwise acceptable, or does not meet the requirements of Shopify Payments, your order may be suspended or canceled automatically.

10. Return of Undamaged Product

Customer satisfaction is very important to us. If you decide that you do not want a product ordered, you may return the product within twenty (20) days provided that:

  1. The product is unopened, undamaged, and in new condition; and
  2. The product is not a refill (see Section 13 below) or otherwise identified on the Site as non-returnable; and
  3. You initiate the return within twenty (20) days of product delivery to the shipping address by emailing us at hola@volverde.com; and
  4. Your email to us describes the reason for the return and includes a photo of the product that demonstrates the reason for the return, such as showing where the product is damaged or defective; and
  5. You provide proof of receipt or proof of purchase; and
  6. You obtain from us a return shipping label and instructions; and
  7. You send back the product using the return shipping label and following the return instructions.

We will review your email and, if the order and return meet eligibility requirements, we will email you the return shipping label and instructions. Upon receipt of the product returned following these requirements, a refund for the amount you paid for the product less initial shipping and return shipping will be issued to the credit card you used for payment.

11. Return of Damaged Product

If a product ordered arrives damaged or defective:

  1. You must contact us within five (5) days of product delivery to the shipping address by emailing us at hola@volverde.com; and
  2. Your email must describe the damage and include a photo of the product and the packaging in which it was delivered, showing the delivery address; and
  3. You must provide proof of receipt or proof of purchase.

We will review requests for refunds of damaged or defective product on a case-by-case basis. If we determine that a refund is merited, we will issue a refund for the amount you paid for the product to the credit card you used for payment.

12. Cancellations

If you would like to cancel an order you have placed, please contact us immediately at hola@volverde.com. If the order has not shipped, we may cancel the order and issue a refund for the amount you paid for the product to the credit card you used for payment. If the order has already been packaged for shipment or has already been shipped, we may not be able to accommodate your cancellation. 

13. Refills

Some of the products available through the Site can be purchased as refills. Please see information about ordering and using refills available on our Refill Information Page.

14. Product Descriptions and Allergens

This Site contains descriptions of our products. We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, pricing, or other information is complete, current, or error-free. In the event of an error on the Site, we reserve the right to correct such error. Because some products may have limited production or are one-of-a-kind, the product may not exactly match the photograph or description. We do not make any claims as to the effectiveness of using any product to cure or treat any medical condition. Should you have any health care-related questions, please call or see your physician or other health care provider. The products sold through the Site are produced in various facilities and may contain allergens.

15. User Content

VOLVERde is a distributor, not a publisher, of content provided by you. The Site may solicit you to review our products or share information for others to view and read (“User Content”). You agree to post only comments related to the use of our products and services. You agree not to post any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post anything that discriminates based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, or military discharge status. You may not post any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that you own or otherwise control all rights to the User Content and other information that you post on the Site, that it is true and accurate, does not violate this Agreement, and that you will indemnify VOLVERde for all claims resulting from your User Content. You acknowledge that your User Content is public communication and may be read by others without your knowledge. By providing and/or posting User Content, you grant VOLVERde a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute your User Content and to use your name with the User Content alone or as part of other works in conjunction with services offered by VOLVERde in any form, media, or technology now known or developed in the future. VOLVERDE does not control or endorse any User Content and disclaims liability for any User Content posted by You or any OTHER PERSON. VOLVERde reserves the right to disallow or remove any posting that, in VOLVERde’s sole discretion, does not meet the requirements of this paragraph.

16. Trademarks and Copyrights

“VOLVERde” and our logo are trademarks of VOLVERde and all rights in these trademarks are expressly reserved. All material located on this Site is the exclusive property of VOLVERde or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of VOLVERde or the copyright owner. Permission is granted to access, display, copy, and download the materials on this Site only for your personal use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material or our trademark. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

Website Manager

VOLVERde, LLC

433 W Harrison St, PO Box 804117

Chicago IL 60680-4117

hola@volverde.com

1-312-508-3750

17. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY VOLVERDE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither VOLVERDE nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VOLVERDE DOES NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM VOLVERDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOLVERDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if VOLVERDE has been advised of the possibility of such damages. the aggregate liability of VOLVERDE, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase oR use of any products described on the site WILL BE LIMITED TO THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE LIABILITY.

Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

18. Indemnification

You agree to defend, indemnify, and hold harmless VOLVERde, its affiliates, respective members, managers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.

19. Electronic Communication

You agree to receive communications from VOLVERde in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that VOLVERde provides to you electronically satisfy any legal requirement that such communications be in a writing. Once you establish a VOLVERde account or become a subscriber to our emails or blog posts, you agree to receive from VOLVERde promotional emails, newsletters, and administrative emails. See the VOLVERde Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving VOLVERde promotional emails.

20. Force Majeure

If a force majeure event requires postponement of your product delivery, we will contact you as quickly as possible and provide you with an update of the delivery date. VOLVERde shall not be deemed in default with respect to any of the terms, covenants, or conditions of this Agreement if VOLVERde’s failure to timely perform is due in whole or in part to a force majeure event. A “force majeure” event means a weather emergency, product shortage, strike, lockout, work stoppage, civil disorder, failure of power, insurrection, terrorism, bioterrorism, cyberterrorism, act of war, act of God, pandemic, governmental order, national emergency, or any other cause beyond the reasonable control of VOLVERde.

21. Termination

VOLVERde may terminate this Agreement and any subscriptions you have activated at any time for any reason without prior notice. Without limiting the foregoing, VOLVERde will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 10, 11, 14, 15, 16, 17, 18, 22, 23, and 24 will survive termination of this Agreement.

22. Dispute Resolution

You agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement and our products will be determined exclusively by confidential, final, and binding arbitration in accordance with the then existing Commercial Rules of the American Arbitration Association before a single arbitrator, in Cook County, Illinois, and pursuant to the laws of the State of Illinois without reference to its conflict of laws provisions. Disputes, claims, and controversies subject to final and binding arbitration include, without limitation, all those that otherwise could be tried in court to a judge or jury in the absence of this agreement to arbitrate. By agreeing to submit all such disputes, claims, and controversies to binding arbitration, you expressly waive any rights to have such matters heard or tried in court before a judge or jury or in another tribunal. Any award will be final, binding, and conclusive upon the parties, subject only to judicial review provided by statute, and a judgment rendered on the arbitration award may be entered in any state or federal court having jurisdiction thereof. You should note that discovery rules, standards of evidence, rights to appeal, and procedural rules, among other things, differ in arbitration from the rules applicable in a civil trial. You agree that you can bring a claim or other action against us only in an individual capacity and not as a plaintiff or member of a class or in a representative action.

23. Statute of Limitations

You agree that regardless of any law to the contrary, any claim or cause of action arising out of this Agreement or the purchase of products through the Site must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

24. Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by VOLVERde to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by VOLVERde of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

25. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to hola@volverde.com.