TERMS & CONDITIONS
The information contained within this document relates to the Rootfoot online store, trading under Rootfoot Inc.
Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.
Definitions and Application
1. In these Terms of Trade, "Rootfoot" means Rootfoot Inc. trading as Rootfoot, 'you' means the organization or individual who is ordering product on the website, and the "Products" means the Rootfoot products which may be ordered on the website.
2. These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in the United States, Canada, or internationally.
Rootfoot will only ship to one address per order.
The shipping fee will be:
1. where the Order is to be delivered via standard shipping to an address within the 48 contiguous states of the United States of America:
a. free of charge
2. where the Order is to be delivered to an address within Canada:
3. where the Order is to be delivered to an international address (excludes Canada):
The Delivery time will be:
1. Where the Order is to be delivered to a United States address via ground shipping, Rootfoot will use reasonable endeavors to deliver the Order within 5-7 working days (Monday-Friday excluding official public holidays) from the date the Order was submitted by you.
2. You may be required to sign for deliveries.
1. To submit an order for Products (Order), you must:
a. complete and submit the online order through Rootfoot online store: Rootfoot.com
2. Rootfoot reserves the right to refuse any Order. In such case, Rootfoot will notify you as soon as reasonably practicable and refund to you any payment in full.
3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Rootfoot reserves the right to take legal action against unauthorized and unofficial sale of goods.
Prices and Payment
1. All prices on the website are in US dollars and do not include applicable sales taxes. The total cost including any applicable taxes will be displayed during check-out, once you have selected your billing and shipping address. Prices are subject to change without notice.
2. The amount payable to Rootfoot for an Order (Order Amount) will be the total of the following amounts:
a. the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal);
b. the cost of delivery determined in accordance with Delivery stated above, and
c. the sum of any other fees which Rootfoot levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
4. You must pay the Order Amount by credit card at the time of submitting the Order. Rootfoot accepts Visa, Mastercard, or American Express.
1. Without limiting Rootfoot's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Rootfoot reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
a. withhold supply and dispose of the Products requested in the Order, and/or
b. refuse to deal further with you,
and Rootfoot will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Rootfoot for any loss or damage suffered by you as a result of Rootfoot breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
1. Subject to the following clauses and to the fullest extent permitted by law, Rootfoot gives no warranty in respect of the Products.
2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Rootfoot is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Rootfoot breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
3. You may also have express rights of action against Rootfoot under consumer protection legislation if Rootfoot supplied defective Products to you that cause you injury, loss or damage.
Refunds and Returns
Only items purchased on the Rootfoot website can be returned to rootfoot.com for refund or exchange within 14 days of original purchase. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase.
Should you make an error when ordering online, Rootfoot will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges.
In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to
Boulder, CO 80306
The customer is responsible for the shipping costs incurred when sending the items back to Rootfoot.
Should an item be damaged while it is being shipped to you by us, Rootfoot will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for Rootfoot to process any refund or exchange. Email to email@example.com in advance of your intentions to return or exchange a product, so that Rootfoot staff can assist you with a smooth transaction.
Please retain your postal receipt from the shipping carrier until you are certain your parcel has been safely received by Rootfoot. We may need to see this if we fail to receive your package.
We will do our best to process returns within 5-10 business days of receipt and a reimbursement will be issued in the original form of payment.
If Rootfoot is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Rootfoot will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
1. Where Rootfoot makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include Sales Tax, Rootfoot will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any Sales Tax on the Taxable Supply.
1. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
3. Orders and these Terms of Trade will be governed by the law applying in the State of New York, United States, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New York State, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.