Terms & Conditions
Overview
This website is operated by The Green Phial. We use a number of terms throughout the site, these terms “we”, “us” and “our” reference The Green Phial. We offer this website, including information, services and tools expressly from this site under the condition that “you” the “user” accept all terms, conditions, policies and notices stated here.
By simply visiting our site or purchasing something from us, you are actively engaging in our “Service” and agree to be bound by our terms and conditions. This includes additional terms, conditions and policies available by hyperlink and/or referenced herein. Our Terms of Service apply to all users of the site without limitation. These users may be Vendors, Browsers, Contributors of Content, and/or Merchants.
It is your responsibility to read these Terms of Service carefully before accessing or using our website in any way. You agree to be bound by these Terms of Service by using this site in any manner. If you find the terms in our Terms and Conditions to be disagreeable, then you may not under any circumstances access this website or use any offered services.
Occasionally we will add new features and tools to the store. These new functional parts of the site are subject to our Terms of Service. This page will be kept updated with its most current version. Updates, adjustments, or replacements of any part of these Terms of Service is a right reserved to The Green Phial and may be exercised at any time. You are responsible for accessing this page occasionally to reference any changes. If you continue to use and/or access this website after the posting of changes, there will be an implied consent and acceptance on your part.
The Green Phial is hosted via WordPress and WooCommerce. This platform and plugin allow us to sell our products and/or services to you.
Section 1 - Online Store Terms Of Service
By using our online store and agreeing to our Terms of Service, you affirm that you are, at minimum, the age of majority in your state or province of residence. You may not use any of our products for any illegal and/or unauthorized purpose, nor may you solicit others to commit or participate in any unlawful or unauthorized acts. You are prohibited from using our website or any of its information and contents to violate any rules, ordinances or laws at the state, provincial, federal or international level. You are also prohibited from using our website and any of its content to violate our intellectual property rights, the intellectual property rights of others, or to harm, intimidate, slander, harass or abuse any person based on a protected characteristic (race, color, ethnicity, religion, age, veteran status, national origin, disability, sex, gender, or sexual orientation).
These Terms of Services are governed by and construed in accordance with the laws of Buncombe County, North Carolina.
Prohibited Actions:
You agree that you will not use our website, online store, or any of our services to spread false, deceptive, harmful or misleading information. Furthermore, you are prohibited from uploading or in any way transmitting viruses/malware/worms or malicious code that could affect or harm the Service, our website, or any other website’s operation and/or functionality. You agree not to spam, phish, interfere with any of our website’s security features (or the security features of any other website) or gather/collect/track the personal information of others.
If you violate any of these Terms, your Services with The Green Phial will be immediately and irrevocably terminated.
Indemnification:
You agree to indemnify and defend The Green Phial and our affiliates, partners, officers, suppliers, employees, service providers, contractors and subcontractors from any claim or demand (including attorney’s fees) made by any third-party due to your breach of these Terms of Service or due to your violation of any law or your violation of the rights of others.
Removal of Provisions:
If any provision of these Terms of Service is found to be void, not lawful, or not enforceable, and if it is determined that said provision shall be removed from the Terms of Service, its removal will not affect the validity of any of the remaining provisions.
If we fail to exercise any right or enforce any provision of these Terms of Service, this does not and will not imply or constitute a waiver of any right or provision. Any misunderstandings or ambiguities that result from your interpretation of these Terms of Service will not be held against us.
Section 2 - General Site Conditions
The Green Phial reserves the right to refuse service to any person or business for any reason. You agree not to copy, duplicate, reproduce, sell or resell any part of the Service unless you have obtained written permission from us. All credit card information is transmitted via encrypted connection. Your content other than credit card information may be unencrypted and may be transmitted over a multitude of networks and/or devices.
By submitting an order on our website you consent to be contacted by a call, text message, and/or email as provided to us when placing your order. The Green Phial and any representative of The Green Phial may contact you in relation to your order, order status, shipping status, or any other account/order specific variable as needed. Message and data rates may apply. Message frequency varies.
By submitting an order on our website you provide consent for occasional contact via email as described in our Privacy Policy.
Section 3 - Information Contained on Our Site
We are not liable for any information on this website that may be inaccurate, incomplete, or not up to date. The general and historical information we provide is for reference purposes only. We strongly advise that you find more accurate, thorough or timely sources of information when you are seeking to make any type of decision. If you choose to rely upon any or all of the information found on our site, you do so at your own risk.
On occasion, information found on our site may contain omissions, typographical errors, and errors related to the descriptions of products, pricing, shipping costs, availability, and transit times. We reserve the right to correct any errors at any time, without notice. However, we are not obligated to correct or update any information unless we are required by law to do so.
Section 4 - Modifications to the service and price adjustments
The Green Phial reserves the right to change prices and to modify, suspend or discontinue any aspect of the Service at any time, for any reason, and without notice. We will not be liable to any person or business (third-party or otherwise) for any price change, modification, suspension or discontinuance pertaining to the Service.
We reserve the right to limit the sale of our products or services to any person, jurisdiction or geographic region. We also reserve the right to limit the quantities of any product or service that we offer. The price of our products is subject to change at any time, and we reserve the right to discontinue any product or service without notice, at any time and for any reason. We do not guarantee that the quality of our products and services will meet your expectations, nor can we ensure that any product(s) you receive will appear to you exactly as they appear on your computer’s monitor.
The Green Phial reserves the right to modify, suspend or discontinue any aspect of the Service at any time, for any reason, and without notice. We will not be liable to any person or business (third-party or otherwise) for any price change, modification, suspension or discontinuance pertaining to the Service.
Section 5 - Billing accuracy and account information
You consent to provide us with complete, accurate and current information pertaining to your account, payment method, billing address, shipping address and email address for any and all purchases you make at our store. You also consent to immediately update any of your information when necessary so that we are able to contact you and complete your transactions.
Section 6 - Optional Third Party Tools and Links
When you use our website, you may have access to third-party tools. You agree that if we provide you access to any and all of these tools, it is only on an “as is” basis, without any warranties or conditions. You further agree that we provide access to third-party tools without any endorsement. If you choose to use any of these optional tools, you agree that doing so is at your own discretion and at your own risk. We have no liability and shall have no liability for any circumstance or occurrence that may unfold in relation to your use of any and all third-party tools. Please make sure you find and become familiar with the terms of third-party providers so that you understand the terms on which they provide tools.
Sometimes, we may include links on our website that could take you to third-party websites. These sites are not affiliated with The Green Phial and we are not liable or responsible for any third-party website or for any of their products, services, materials, or content. Furthermore, we are not liable for damage and/or harm incurred by the purchase and/or relation/communication/transaction of any type involving any third-party website. If you have any complaints or concerns regarding these third-party websites and/or products, you should direct these to the third-party in question. We make no representations in regards to potential outcomes involving any third-party.
Section 7 - User Comments and Additional Feedback
If you send certain submissions to us (either at our request or without a request from us) by postal mail, by email, or by any other means, you agree that we may publish, distribute, translate, edit or use any and all comment(s) you send to us, without restriction. Note that any personal information you submit through the store is governed by our Privacy Policy.
We are not and will not be under any obligation to respond to comments, pay any compensation for comments, or keep any comments you make in confidence. We may edit or remove any comments that we determine are unlawful, threatening, obscene, libelous, objectionable in any way, and/or defaming in nature, as well as any medical claims. You agree that your comments will not violate the rights of any third-party, and that they will not contain any unlawful material or computer virus(es)/malware. Furthermore, you agree that you alone are responsible for any comments you choose to make. We are not and will not be liable for any comments posted by you or by a third-party.
Section 8 - Disclaimer of Warranties & Limitation of Liability
You agree that your use of or inability to use the Service or the website is at your sole risk. We do not warrant or guarantee that your use of our Service will be secure, free of errors, or free of interruptions. You agree that all products or services you may obtain from us are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind (this includes all implied warranties or conditions of product quality, durability, suitability for a specific purpose, and non-infringement). We reserve the right to cancel or temporarily remove the Service at any time, without notice.
In no case shall The Green Phial, our affiliates, partners, officers, suppliers, employees, service providers, contractors or subcontractors, be liable for any injury, loss, claim or any manner of damages of any kind (including, but not limited to, lost savings, lost data, lost revenue, lost profits, or any similar damages) resulting from your use of the Service, your use of any product(s) procured through the Service, or your use of any content or information found on our website and/or our online store. We shall also not be liable for any errors or omissions in any of our content.
Section 9 - Adjustments to Terms of Service
We reserve the right to change, update or replace any part of these Terms of Service at any time. Please note that it is your responsibility to check this page for changes. Whether you choose to check for updates or choose not to, your continued use of our website and/or our Service means that you agree to and accept any and all changes herein.
Section 10 - How to Contact Us
If you have any questions pertaining to these Terms of Service, please email us at Hello@thegreenphial.com.
Section 11 - Canceling Orders
We cannot guarantee any cancellations. Please refer to our Cancellation Policy for more details.
Section 12 - Termination of Service
These Terms of Service are effective until terminated by you or by us, and you may terminate these Terms of Service at any time by either informing us that you do not wish to use our Services, or by ceasing to use our website. Any and all liabilities or obligations that you incur prior to termination shall continue after the date of termination. If you fail to comply with any provision or any term of these Terms of Service, we reserve the right to terminate, deny and/or limit your access to any or all of our Services. You will also be liable for all amounts due up until and including the date of termination.
Section 13 - Shipping
The Green Phial is only able to ship within the United States at this time. Due to the current regulations found in the United States today we are limited in regards to where we are able to ship based upon State. Please reference our Legal page for additional information on state restrictions.
Any retail order placed via thegreenphial.com is typically shipped out via USPS using either first class or priority mail. For heavier orders we may use UPS Ground for shipping. USPS can take up to a week to deliver your package depending on a number of factors including volume of business and time of year. Most USPS orders will be delivered in 2-4 business days. UPS Ground often requires a week to arrive. It is worth noting that USPS is not able to deliver to Military Bases at this time. If an internal error occurs on our website and you are able to place an order to a location that is not offered delivery, your order will be put on hold and we will contact you about arranging an alternative delivery location.
The Green Phial is not liable for the status/location of your order once it leaves our facility. Please be aware that any attempt to cancel your order after it is placed will be considered attempted fraud which is a direct violation of our Terms of Service. If you attempt to perform a Chargeback after purchasing an order through us it will also be considered attempted fraud. In either of these cases The Green Phial may place you on our Blacklist and you may be barred from doing any future business with us and/or any retail location and/or any affiliated companies of The Green Phial.
At our sole discretion, if we determine your interactions with The Green Phial to be suspicious, extortive, or fraudulent in nature, we may relay your information to other affiliated companies. This may result in other companies simply not doing business with you, as you will be associated with high risk of fraud. This may result in internal dialogue between associated companies in regard to the nature of your interactions with The Green Phial.
In the event that you attempt to cancel an order, seek a refund, extort either product or money, or force any form of outcome from your order with The Green Phial, you accept any and all potential outcomes this may result in as defined above. These potential outcomes will be made at the sole discretion of The Green Phial at our convenience either now or at a future time.
Anything sent to The Green Phial such as questions or inquiries will be responded to as quickly as we are able, however there is no guaranteed response. Any method of communication with The Green Phial is not subject to any right of privacy.
USPS provides a method of address verification for the majority of our orders. If the address of your order fails to be confirmed you will receive communication from our Support team. In the event this occurs it will very likely delay your order. We will reach out within 24 hours of noticing the error via email. If no response is received within one week of our email contact we will call you as one final attempt. If the final attempt does not receive a response within 24 hours your order will be both canceled and refunded without your consent. In the event that The Green Phial receives a particularly large order, our support team may reach out to verify both accuracy and legitimacy of said order. The same method of notification will occur in this instance as it does with an address issue as stated above. If our final attempt does not receive a response within 24 hours, then your order will be both canceled and refunded without your consent.
Our Hours of Operation
Monday – Friday 10am – 4pm Eastern Standard Time