Return & Refund Policy

Thank you for shopping at the Folksy Farmer!

If you are not satisfied with your purchase, we are here to help.

This policy only applies to physical products purchased and does not include digital products or services.

Returns and refunds on product purchased can be a bit unique as our products come from multiple suppliers and manufacturers each with different policies.

 We ask that you kindly bear with us through these processes. We do not process exchanges, only returns and refunds.

A return must be initiated within 15 days of receipt of the product. We ask that you email us with the following:

  • The word “Return” as part of the subject line

  • Your Name

  • Order Number

  • The Issue, to include photos of the wrong product or damage

We will then advise you on approval of the return and where to send the product.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Please make sure you get a tracking number that can be shared with us to monitor the product return.

Once the product is received, your money will be refunded by the same method you paid for it. This may take between 5 and 10 business days, depending on your payment method.

Please Contact Us if you have any questions on how to return your item.

Email: thefolksyfarmer@gmail.com

 

The Folksy Farmer Privacy Policy

The Folksy Farmer Privacy Policy

Effective Date: 22 day of February 2021

PLEASE READ THE FOLLOWING CAREFULLY

THIS STATEMENT PROVIDES GENERAL INFORMATION ABOUT THE PRIVACY STATEMENT OF THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS PRIVACY STATEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DO NOT UNDERSTAND.

YOUR USE OF THIS SERVICE CONSTITUTES ACCEPTANCE BY YOU OF THIS PRIVACY STATEMENT.

THE FOLKSY FARMER  ( “The Folksy Farmer”, “we”, “our” and “us”.) has created this privacy statement (“Statement”) in order to demonstrate its firm commitment to the privacy of the details that you provide to us when using www.thefolksyfarmer.com   (“collectively “the website”), as the data controller for the purposes of the relevant United States Data Protection Law – California Consumer Protection Act (CCPA), Nevada Internet Privacy Law (NIPL) and the EU General Data Protection Regulation (GDPR) 2016.

At THE FOLKSY FARMER, we are committed to maintaining the trust and confidence of all visitors to our website. In particular, we want you to know that the website is not in the business of selling, renting or trading email lists with other companies and businesses for marketing purposes.

We believe your business is no one else’s. Your Privacy is important to you and to us. So, we’ll protect the information you share with us. To protect your privacy, THE FOLKSY FARMER follows different principles in accordance with worldwide practices for customer privacy and data protection.

-           We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone.

-           We ‘ll use state – of – the – art security measures to protect your information from unauthorized users.

For California residents: California Consumer Privacy Act (CCPA)

For Nevada residents: Nevada Internet Privacy Law

The Folksy Farmer, respects the privacy of our customers and the importance of the information they entrust to us. We have summarized below our basic information policies and practices for these Website, which is owned and operated by The Folksy Farmer. It is our intent to ensure this Privacy Policy is complete and current with best privacy practices. If at any time you have questions or concerns about your privacy or security with our company, please email us at thefolksyfarmer@gmail.com


This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from the site. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. Information obtained while visiting our site does not identify you personally but just as a returning customer. We may monitor statistics such as how many people visit our site, which pages people visit, and which browsers people use. We use these statistics about your visit to help us improve the performance of our Web site.



INFORMATION USAGE



  • Uses of Personal Information. We collect identifiers and personal information on our Website when you make a purchase, create an online account, or subscribe to email. Identifiers and personal information may include your name, address, email address, phone number and credit card number. We collect and use such information to enhance your customer experience with us and for marketing purposes such as to:

    • Process, track, and fill your orders

    • Help make the site easier for you to use

    • Provide you with relevant information and content

    • Inform you of special offers and promotions

    • Include you in customer surveys

    • Market our products

    • Some special notes about e-mail:

      • If you complete a Folksy Farmer survey, we may record your email address along with the information you provide us on the questionnaire. We use summaries of the data collected from our surveys to help us improve the service and products we offer you.

      • Your email address also allows us to send you an order confirmation and customer service messages as necessary. If you have subscribed to our marketing and newsletter emails, we will also send you useful growing tips, special offers, customer surveys, and new product updates. We provide instructions on how to unsubscribe in each email.


  • Information obtained from other sources. We may obtain personal information about you in connection with the Services from publicly and commercially available sources and from our affiliates and/or business partners (such as advertising networks or social networking services), including:

•          Demographic data (such as gender, age range, educational level, household income range, number of children in household, ethnicity to the extent permitted);

•          Occupational data (such as profession, position, title, industry; and business address);

Information Collected by Automated Means through Our Services. We may gather by automated means (such as cookies, web beacons, web server logs, JavaScript and other similar technologies) certain information through our Services:

•          Your Internet Protocol (IP) address;

•          Device information, including unique identifiers and connection information, including mobile device advertising IDs (e.g., Apple’s IDFA or Google’s AAID) and the means of internet connection (e.g., WiFi connection, ISP) that can identify the physical location of such devices, in accordance with applicable law;

•          Your device type and settings, software used, browser type and operating system;

•          Websites or other services you visited before and after visiting the Services (referring URL);

•          Web pages and advertisements, you view and links you click on within, and what search queries you may have run on, the Services (clickstream);

•          Viewing behavior, including the content you view, how long you view content, the quality of the service you receive, and advertisements you have been shown or interacted with;

•          Dates and times, you access or use the Services;

•          Location information, including the city, state and zip code associated with your IP Address, information derived through WiFi triangulation, and precise location information from GPS-based functionality on your mobile apps, with your consent;


  • Uses of Log Files. In addition, certain anonymous Information is collected automatically by our Web site. This information may include visitor domain name, IP address, and referring domain. The information is tracked in server logs, and may be used to troubleshoot problems, keep content relevant, examine traffic trends, and improve the Web site experience for visitors. This anonymous information is used only in aggregate form.

  • Uses of Cookies and Other Technology. We may assign your computer one or more Cookies, which are a standard Internet tool. A Cookie is a small data file stored as text files by your Web browser on your computer's hard drive. Most Internet browsers are initially set to accept Cookies. You can set your browser to refuse Cookies from Web sites or remove them from your device, but this will cause certain functions of our site to not work properly. We use Cookies, "web beacons," and other similar technologies to collect information in connection with our Web site and advertising efforts. For example, we use Cookies to enable you to save products in your shopping cart while you browse our Web site, and our Web site may use your browsing activity on our Web site to recommend other products you may be interested in. We also use Cookies and other technology to analyze the effectiveness of our Web site and our advertising efforts, and we may use these technologies to display personalized advertising tailored to your interests as you browse the web. To learn more about interest-based advertising, and your choices about it, please see "Your Choices About Interest-Based Advertising," below.



YOUR CHOICES ABOUT INTERNET BASED ADVERTISING


We work with third-party advertising companies to more effectively target our advertising messages. These third-party advertising platforms collect information about your browsing activity on our Web site and across the Internet, and analyze that information in order to display more relevant ads to you. For example, if you search for a particular product on our Web site, you may be shown an advertisement for that product or a similar product when you are browsing a different Web site.

Our Web site is not configured to recognize a "do not track" signal from a web browser. If you would like to opt-out of interest-based advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link and on those sites, you may opt-out of receiving tailored advertising from companies that help serve those ads.


SHARING YOUR PERSONAL INFORMATION

Under no circumstances do we sell your email address or any other personal information to any other company for their use in marketing to you, nor do we collect any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs. However, we do share your Personal Information with third party companies that we use in the course of our normal day to day business, including fulfilling orders and communicating with you.

We may disclose your personal information to selected third parties, including:

•          Third party service providers who perform services on our behalf, such as providers of IT and email distribution services, who may use your personal information for the purposes mentioned above;

•          Advisors such as accountants, lawyers, and consultants;

•          In the event that we sell or buy any business or assets, the prospective seller or buyer of such business or assets (and their respective advisers), who may use the personal information in connection with the sale or purchase;

•          If THE FOLKSY FARMER or substantially all of its assets are acquired by a third party, to the relevant third party (and its advisers) who may use the data in connection with the acquisition;

•          Analytics providers that assist us in the improvement and optimization of our Websites;

•          Law enforcement agencies or other third parties for the purposes described below.

We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Website Terms of Use, our Terms and Conditions and other agreements, or to protect the rights, property, or safety of THE FOLKSY FARMER, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud detection and protection and credit risk reduction.

We also use Google Analytics to help us understand how our customers use the Site--you can read more about


BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by learning more at the links below:

FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.


DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


PRIVACY OF MINORS

Our Web site is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the Web site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Web site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.


DATA SECURITY & SAFETY

We are committed to maintaining appropriate physical, electronic, and administrative measures to safeguard the security of your personal information.


We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be carried out by third parties over encrypted connections using SSL technology. Where we have given you (or where you have chosen) a password or API key which enables you to access certain parts of our site, or you have invited team members to access parts of our site or apps, you are responsible for keeping this password or API key confidential. We ask you not to share a password or API key with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.


YOUR CALIFORNIA & GDPR PRIVACY RIGHTS

California Consumer Privacy Act (CCPA)

The Folksy Farmer complies with the California Consumer Privacy Act (CCPA).

For business purposes, The Folksy Farmer may collect personal information and use or disclose personal information. Information we Collect

If you are a California resident, the CCPA provides you with specific rights regarding your personal information (effective January 1, 2020):

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with certain rights regarding your personal information. This section describes your CCPA rights and how to exercise them. The same applies to the GDPR law for European customers.

All Your Personal Information we collect will always belong to you. However, we are a collector and a processor of Your Personal Information. That implies on us obligations to respect your rights to Personal Information and facilitate the exercise of your rights thereto. In order to use any of your rights at any time please contact us and we will facilitate the exercise of your rights free of charge. We will inform you on the actions taken by us under your request as soon as practically possible, but in any case, not later than in 30 (thirty) calendar days.

In accordance with effective regulations, particularly the GDPR, you have a significant number of rights related to your Personal Information, such as e.g.:

Right to access. You may obtain from us the confirmation as to whether or not personal data concerning you is being processed and get an access to such personal data. You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection office at thefolksyfarmer@gmail.com and we will work with you to remove any of your personal data we may have.

Right to rectify your inaccurate Personal Information and to have incomplete personal data completed, including by means of providing a supplementary statement

Right to erase your Personal Information. Please note that a request to erase your Personal Information will also terminate your account on the Site. We will automatically and without undue delay erase your Personal Information when it is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

Right to restrict processing of your Personal Information;

Right to data portability. You may obtain from us the personal data concerning you and which you have provided to us and transmit it to another Personal Information Controller;

Right to object to processing of Your Personal Information,

Right to withdraw your consent to the usage of your Personal Information at any time

Right to lodge a complaint. We take privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, you may contact our respective Data Protection Office. We will investigate your complaint promptly and will reply you within 30 (thirty) calendar days.

Nevada Internet Privacy Law

The Folksy Farmer complies with the Nevada Internet Privacy Law.

If you are a Nevada resident, the Nevada Internet Privacy Law provides you with specific rights regarding your personal information (effective October 1, 2019):

In the course of doing business, The Folksy Farmer collects personal information defined as Covered Information under Nevada law:

  • First and last name.

  • A home or other physical address which includes the name of a street and the name of a city or town.

  • An electronic mail address.

  • A telephone numbers.

  • An identifier that allows a specific person to be contacted either physically or online.

  • Other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

 

The Folksy Farmer Privacy Policy Continued

Data sales

A data sale under the Nevada law means the exchange of Covered Information for monetary consideration by us to another person, assuming that person will license or sell the covered information to additional persons. “Sale” does not include:

  • Disclosures to service providers;

  • Disclosures at consumer’s request;

  • Disclosures for purposes which are consistent with the reasonable expectations of a consumer considering the context;

  • Disclosure affiliates of the operator; or

  • Disclosures in the context of business mergers and acquisitions and/or bankruptcy proceedings.

Right to Opt-Out of the Sale of Personal Information

The Nevada Internet Privacy Law requires that we maintain an online form, telephone number or email address that allows you to opt out of the sale of your personal information.


INFORMATION WE COLLECT AND HOW IT IS USED

We collect information from you in several different ways on this site, with the goal of improving your customer experience with The Folksy Farmer. During the past 12 months, we have collected the following types of information:

  • Identifiers, such as a real name, aliases, postal addresses, unique personal identifiers, online identifiers, Internet Protocol (IP) addresses, email addresses, or other similar identifiers.

    • Collected from: Information you provide to us, or we collect when you use our services or Web site.

    • Business use: To enable the use of our Web site, fulfill your orders, market our products and seeds, inform you of special offers and promotions, communicate directly with you, and understand how customers interact with our Web site and offerings.

  • Categories of personal information (Section 1798.80(e) of the Cal. Civil Code), such as telephone numbers, credit card numbers, debit card numbers, and other financial information.

    • Collected from: Information you provide to us, or we collect when you use our services or Web site.

    • Business use: To fulfill your orders, communicate directly with you, and prevent fraud.

  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement;

    • Collected from: Information we collect when you use our services or Web site.

    • Business use: To enable the use of our Web site, monitor and troubleshoot Web site performance, provide you with relevant information and content, market our products and seeds, inform you of special offers and promotions, improve our offerings, detect fraud, and assist with your requests.

  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

    • Collected from: Information you provide to us, or we collect when you use our services or Web site.

    • Business use: To enable the use of our Web site, fulfill your orders, market our products and seeds, inform you of special offers and promotions, communicate directly with you, and understand how customers interact with our Web site and offerings.



  • Geolocation data; and

    • Collected from: Information we collect when you use our services or Web site; information provided by third parties.

    • Business use: To enable the use of our Web site and to personalize your experience; and for fraud detection.

  • Inferences, system-generated predictions about your interests and preferences

    • Collected from: Created internally and with the help of our business partners.

    • Business use: To personalize your experience and improve our offerings.


HOW INFORMATION MAY BE SHARED


During the past 12 months, we have shared the following information for business purposes. Please note that for purposes of this notice, personal information does not include deidentified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.

Sale for a Business Purpose:
The Folksy Farmer does not sell, trade or rent your e-mail address. We occasionally send offers to our email subscribers on behalf of other trusted businesses, but we do not give those businesses your personal information.

We do not sell your personal information for any monetary consideration. However, under some circumstances a transfer of personal information to a third party without monetary consideration may still be considered a "sale" under California law. If you purchase from us, The Folksy Farmer may opt your name, address, email address, and order information into a cooperative marketing database used by other companies that may want to market goods or services to you.


The Folksy Farmer does on occasion rent or exchange postal mailing addresses with third parties who may mail catalogs or other mail correspondence to those addresses, which could constitute a sale of personal information as defined by the CCPA and the Nevada Privacy Law.


If you wish to opt out of the sale of personal information, please contact us per the contact info below. You may authorize another to submit a request to opt out on your behalf, but only if you provide the authorized agent with signed, written permission to do so. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. If exercised, the decision to opt out will be valid for 12 months, at which time we may request that you authorize the sale of personal information again.

Email: Folksyfarmer@gmail.com

Subject: Opt Out (Name)

Include: Full Name, Full Address, Email, Phone, and Account Number


EXERCISE YOUR DATA RIGHTS
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your request, we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources from which the personal information has been collected.

  • The specific pieces of personal information we collected about you.

  • Our business or commercial purpose for collecting or selling any personal information.

  • The categories of personal information about you that was sold or disclosed for a business purpose.

  • The categories of third parties to whom the personal information was sold or disclosed for a business purpose, by category or categories of personal information for each category of third parties to whom the personal information was sold.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

  • We may deny your deletion request if retaining the information is necessary for us or our service providers to:

    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our agreement with you.

    • Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activities.

    • Debug products to identify and repair errors that impair existing intended functionality.

    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

    • Comply with the California Electronic Communications Privacy Act.

    • Enable internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

    • Comply with a legal obligation.

    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the rights described above, please submit a verifiable request to us emailing us at:

Email: Folksyfarmer@gmail.com 

Subject: Opt Out (Name)

Include: Full Name, Full Address, Email, Phone, and Account Number


Only you or a person whom you authorize to act on your behalf may make a verifiable consumer request related to your personal information. If you wish to authorize another to act on your behalf, please be advised that we may require that you provide the authorized agent with signed written permission to submit a request and verify your own identity and confirm your permission directly with us, unless the authorized agent has a power of attorney. However, you may also make a verifiable consumer request on behalf of your minor child.

Our verification process works as follows. Before we may process a request, in order to protect your privacy, we will ask for you to confirm a few pieces of information that we have on our records about you, for example:

  • Your address

  • Your zip code

  • Your most recent purchase

  • Your email address

You may make a verifiable consumer request up to two times within a 12-month period, without charge. Unfortunately, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We try to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension time period (up to 90 days). If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt. The response we provide will also explain any reasons we cannot comply with a request, if applicable.

If you wish to opt out of the sale of personal information, please contact us using the contact information at the bottom of this page. You may authorize another to submit a request to opt out on your behalf, but only if you provide the authorized agent with signed, written permission to do so. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. If exercised, the decision to opt out will be valid for 12 months, at which time we may request that you authorize the sale of personal information again.

We will not discriminate against you for exercising any of your CCPA rights.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Your Consent and Changes to this Policy

Subject to the above provisions, by using our web site, you consent to the collection and use of information by us and the terms of this Privacy Policy. We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Links

The Folksy Farmer wants you to be aware that when you click on links and/or ad banners that take you to third-party Web sites, you will be subject to the third parties' privacy policies, not ours. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement and user terms and conditions whenever interacting with, and prior to providing any personal information to, any other website.

Your Security

We understand that the safety of your personal information is extremely important to you. We take great care in protecting your privacy and ensuring a safe online shopping experience at www.gardeners.com. Our site uses Secure Sockets Layer (SSL) encryption technology to ensure the secure transmission of any personal information you provide while using our website.


CONTACT US
For more information about our privacy practices, if you would like to correct, update or delete your information, if you have questions, or if you would like to make a complaint, please contact us by e-mail. We welcome feedback concerning this Privacy Policy and Security Statement. To send your comments and questions just e-mail us at Thefolksyfarmer@gmail.com.

 

The Folksy Farmer Terms of Use

TERMS OF USE STATEMENT

You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.

Terms Of Service

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and THE FOLKSY FARMER (“THE FOLKSY FARMER”, “we”, “us” or “our”), concerning your access to and use of www.thefolkysyfarmer.com. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated.  IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to THE FOLKSY FARMER. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify THE FOLKSY FARMER for any losses, costs or damages, including reasonable legal fees, incurred by THE FOLKSY FARMER in relation to, or arising out of, such a breach.

ABOUT THE FOLKSY FARMER SERVICES

At THE FOLKSY FARMER, we are a garden supply and services firm operating in California, United States. To book our services please visit our website for more information or contact us at thefolksyfarmer@gmail.com.

EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. THE FOLKSY FARMER hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. THE FOLKSY FARMER shall not be liable for the use or content of Internet sites that link to this site or which are linked from it.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless THE FOLKSY FARMER, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “THE FOLKSY FARMER Parties”), from and against all actual or alleged THE FOLKSY FARMER Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify THE FOLKSY FARMER of any third-party Claims and cooperate with the THE FOLKSY FARMER Parties in defending such Claims. You further agree that the THE FOLKSY FARMER Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and THE FOLKSY FARMER.

DISCLAIMER

THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 16. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE FOLKSY FARMER. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, The Folksy Farmer Co. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

LIMITATION ON LIABILITY

IN NO EVENT SHALL The Folksy Farmer BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF The Folksy Farmer HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CHANGES

If THE FOLKSY FARMER decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.thefolksyfarmer.com  is hereby governed by, and constructed and enforced in accordance with the laws of California. The competent courts in California shall have the exclusive jurisdiction to resolve any dispute between you and THE FOLKSY FARMER.

Last updated: 02/11/2021

 

Accessibility

Our goal at The Folksy Farmer is to make our website and services available to all. We are striving to meet the Web Content Accessibility Guidelines (WCAG).


If you have any questions or concerns, please feel free to email us.


Email: thefolksyfarmer@gmail.com