Terms and Conditions

Our website address is: www.hendersonorganics.com

Please read the following terms and conditions of Henderson Organics Online Service Agreement carefully. By accessing the information on Henderson Organics site, you confirm that you understand, accept and agree to be bound by the terms and conditions of this Agreement.
If you do not wish to accept these terms and conditions, you may not access Henderson Organics site. All references to Henderson Organics in this agreement shall include the www.hendersonorganics web site, WEB Merchants, Inc and its directors, officers, employees, consultants, shareholders, agents and attorneys as applicable.
Access to Henderson Organics  is restricted to the individuals 18 years of age and older.

1. BACK-ORDERS (Out-Of-Stock Items)

Back-ordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. When we receive the product, we notify you by email and ship it to you promptly. Back-ordered products usually come into stock within one to four weeks but can occasionally take longer. If your order is not ready to ship within 30 days, we will send you an update by email. If, for any reason, we determine that a back-ordered item will no longer be available, we will notify you immediately by email, cancel the item from your order and disable the item from our catalog. A refund for back-ordered items will be applied to your credit card within 1 business day. If payment was made by check or money order, you will be given a store credit. If you prefer a check refund, please contact us to request one.

2. CUSTOMER CARE

Henderson Organics will make every effort to respond to your customer queries, feedback and order information as quickly as possible. However, due to fluctuating order volume, there may be delays in our response time to your request. Please submit any requests by using the email forms located on our contact us page.

3. PRICING

Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Henderson Organics is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

4. PROMOTIONS TERMS AND CONDITIONS

Promotions are: Sales, Deals, Kits, Fantasy Baskets, Coupons and Discount Codes. We may introduce other price-reducing incentives intermittently, which will also fall under these terms and conditions.

Only one promotion can be applied to each product purchased from the website. For example: if you have a coupon discount code applied to a product and you consider purchasing that product in a deal or a kit (with a bundle of several other eligible products for the discounted price that applies to the deal/bundle), then you must choose which promotion to apply. You can purchase the product by choosing the kit or you can purchase each product from the kit a la carte and then apply the coupon to the selected product only. Please select the most effective option for your purchases.

Sale items: No additional discounts can be applied to items already on sale.

Expiration date: All promotions have an expiration date and time. You must place your order before the expiration date / time. We do not guarantee promotions after the expiration date.

5. CONTACT US

We use email links located on the contact us page to allow you to contact us directly with any questions or comments you may have. We read every message sent in. We directly respond to messages related to customer orders. For all messages that do not relate to customer orders, we may file your comments to improve the site and program, or review and discard the information.

6. NEWSLETTER

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.

7. SURVEYS AND CONTESTS

From time to time, our site requests information from users by surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. By law, we are required to post the names of contest winners; please be aware of this prior to entering into any of our contests. Survey information will be used for purposes of monitoring or improving the use of this site and the users’ satisfaction.

8. SPECIAL OFFERS

We send all new members a welcoming email to verify password and username. Established members will occasionally receive emails with information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. If this is the case, please review the choices and opt out information below.

9. SITE AND SERVICE UPDATES

We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and with regard to issues relating to her or his account by email or phone.

10. CORRECTION/UPDATING PERSONAL INFORMATION

If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support.

11. CHOICE/OPT-OUT

Henderson Organics provides its users with the option of opting out of all mailings. Therefore, when there is a choice of using information for purposes other than what the information was originally collected for, Henderson Organics will present the user with an opt out box. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt out of receiving these communications by replying to unsubscribe in the subject line in the email or submit a Support Ticket. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

12. NOTIFICATION OF CHANGES

If we change our privacy policy, we will post those changes on our ’Privacy Policy’ page which can be accessed throughout the site, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

13. DISCREET PRODUCT SHIPPING AND CUSTOMER BILLING

To further ensure your privacy, all of Henderson Organics products are delivered in plain boxes or mailing envelope with the return address (and not Henderson Organics). Moreover, on your credit card balance statements, all charges to your account by Henderson Organics are also listed as Bliss.

14. LEGAL DISCLAIMER

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our website.

15. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Henderson Organics or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Henderson Organics and protected by U.S. and international copyright laws. All software used on this site is the property of Henderson Organics or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.

16. TRADEMARKS

Henderson Organics and other Henderson Organics graphics, logos, and service names are trademarks of d/b/a Henderson Organics. Henderson Organics trademarks may not be used in connection with any product or service that is not Henderson Organics in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Henderson Organics. All other trademarks not owned d/b/a/ Henderson Organics or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Henderson Organics or its affiliates.

17. USE OF SITE

You may use or download material displayed on this website for noncommercial, personal use only. You must retain all copyright and other proprietary notices displayed on the materials contained in the website. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written permission by Henderson Organics. You may not use any “page-scrape,” “grabber,” “spider,” “robot,” “deep-link” or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of this website. Any use of the website which results in the depletion of website infrastructural resources is prohibited. When you use the website for an authorized purpose, you should include all proprietary notices without changing or hiding them. Henderson Organics and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including and without limitation, if Henderson Organics believes that customer conduct violates applicable law or is harmful to the interests of Henderson Organics and its affiliates. Please check these Terms from time to time, as Henderson Organics may change the Terms without notice and such changes are effective as of the time of posting.

18. U.S.C. 2257 COMPLIANCE NOTICE

All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Henderson Organics.Com(the “website”) were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. Hendersonorganics.com is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

19. 18 YEARS AND OLDER

This website is intended solely for viewing by an adult audience. By continuing to view any material contained within this website, you are stating and acknowledging that: You are an adult over the age of 18. You will not allow anyone under the legal age of 18 to have any access to materials contained within. You are voluntarily continuing to view this site and will be exposed to material of an adult nature. If you are not comfortable with this, please close this page.

20. REVIEWS, COMMENTS, STORIES

Henderson Organics enables its users to post reviews, comments, stories and other content to the site. By posting reviews, comments, stories or other content to the site, you grant Henderson Organics and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivatives works from, distribute and display such reviews, comments, stories or other content throughout the world using any media. By submitting your name with any review, comment, story or other content to Henderson Organics, you expressly state that you grant Henderson Organics and its affiliates and sub-licensees the right to use the name that you have submitted. You further state and warrant that your posting of reviews, comments, stories and other content to Henderson Organics site as well as any future usage, reproduction, modification, adaptation, publishing, translation, creation derivatives works from, distributing and displaying will not infringe upon or violate the rights of any third parties. You further state and warrant that the holder of any rights, including, but not limited to, moral rights to such content, has completely and effectively waived all such rights and validly and irrevocably granted you the authority to grant the license as described above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Henderson Organics site retains any and all rights that may exist in such content.

Copyright complaints

Henderson Organics and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us

21. RISK OF LOSS

All items purchased at Henderson Organics are being shipped in accordance with a carrier’s shipping contract. This means that the risk of loss and the title to such items is going to be passed to a purchaser upon our delivery to a carrier.

22. DISCLAIMER

This site is provided by Henderson Organics on an “as is” basis. Henderson Organics makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Henderson Organics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Henderson Organics will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. You may view or use Henderson Organics subject to the terms and conditions of this Agreement. You may download or print a copy of any information provided by Henderson Organics for your personal use only. Any other use in framing, downloading, or printing a copy of any information provided by Henderson Organics is expressly prohibited unless prior written consent is specifically provided by the holder of the copyright of the information and by Henderson Organics. Henderson Organics does not guarantee or warrant that Henderson Organics is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. Henderson Organics does not assume any responsibility for your use of Henderson Organics. The information contained in Henderson Organics may change rapidly. The information contained in Henderson Organics may be out of date, and may contain incorrect or incomplete information, or typographical errors. Henderson Organics does not make any expressed or implied warranties, representations, or endorsements, including any warranties of title or no infringement of third parties’ rights, or implied warranties, of warranties of merchantability and fitness for a particular purpose with regard to any information or merchandise provided by or through Henderson Organics, except as otherwise specified by Henderson Organics. Henderson Organics does not warrant the accuracy, timeliness or usefulness of any information or merchandise provided by or through Henderson Organics. Henderson Organics is not liable to anyone for any act or omission taken in reliance upon any information provided by Henderson Organics. You agree to fully defend and indemnify Henderson Organics from any legal action arising out of your illegal uses of Henderson Organics and/or its products or services. Henderson Organics may contain links to websites operated by other parties. Other websites may provide a hypertext link to Henderson Organics. Henderson Organics is not responsible for the content or performance of those websites. Henderson Organics does not operate or control those websites, and does not endorse or warrant any information, products or services provided through those websites.

23. REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Henderson Organics of any unauthorized use of your registration or password.

24. INTERNATIONAL ORDERS – IMPORTER OF RECORD

By ordering goods from Henderson Organics destined to EU-member states specifically, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. You hereby give a proxy or power of attorney (“POA”) to Henderson Organics designated shipping provider for the customs clearance of products ordered by you. This POA authorizes Henderson Organics designated shipping provider’s assigned customs broker to act on behalf of you. Henderson Organics designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by Henderson Organics designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from Henderson Organics and transportation conditions from Henderson Organics designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.