TERMS OF SERVICE

Dear valued customer, please read these Terms of Service (hereinafter – “Terms”) carefully before using any feature of https://planet-superfood.com/ (hereinafter – “Website”) or purchasing any of the products therein.

These Terms govern your use of the Website and any of its features, and together with all other terms and policies specified below, it shall form a legally binding agreement between You (hereinafter – “user” or “you”) and us. Please take your time to read these Terms carefully before making any purchase on the Website. If You have not read and/or understood the provisions of these Terms, we recommend that you do not continue to use the Website and contact our customer support, which will be happy to answer your questions.

We also advise you to read our FAQ section, which is available on the Website, before purchasing any goods or services on the Website.

  1. Who we are

    • Planet Superfood (hereinafter referred to as the “Planet Superfood”, we”, “us”, “our”) is a brand name used and operated by a business entity ALLIVE USA LLC, which is a limited liability company incorporated in USA, company No. 20201802293, with a registered office address at 1942 Broadway St., Boulder, 80302, CO, mailing address 600 17th Street, Suite 2800 South, Denver, CO 80202. Whenever you will buying anything on the Website you will be entering into a contractual relationship with Us and this contractual relationship shall be bound and determined by these Terms and applicable laws.
    • Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfillment centers that will have a different address than our correspondence or office address. If you want to contact us or send us anything by post mail, please contact our customer support first and you will be provided with the address and other contact details.
    • If you have any questions, inquiries, or complaints regarding the Website or our services You can always contact our customer support at [email protected]

  2. Our products

    • Planet Superfood – is an online retailer of various hemp-based foods, such as hemp seeds, bars, smoothies, oils, and other edibles (“Products”). Planet Superfood products do not contain any psychoactive ingredients (such as THC or CBD) and are safe to use for users of all age groups.
    • Our Products are manufactured in Canada and European Union by licensed and registered manufacturers that use locally grown materials in the process. All Products are compliant with the legal requirements applicable to such product category in US, Canada and other countries where our Products are available.
    • Please be noted that even though the Products are safe and suitable to be consumed by children, however, the Products and the Website are not primarily designed and created for children. We recommend to keep the Products away from the reach of children and allow them to consume the Products moderately.
    • Our Products can supplement your dietary needs and be beneficial for your general wellness if used as a part of a balanced diet and regular exercise as well as an overall healthy and active lifestyle.

  3. Whom do we sell to

    • Please be noted that our Products are not sold for and cannot be used for commercial use, as we sell our Products for personal use only. We reserve the right to reject any purchase requests if we have a reason to believe that a person is purchasing our Products not for personal, but industrial or commercial use, including but not limited to reselling online or in physical stores.
    • The Website’s primary target audience is adult users. We do not encourage or address children or minors to visit our Website or make any purchases therein.
    • We reserve the right to cancel your purchase and reject any payments that you make on the Website if we have a reason to believe that:
      • You are buying our Products for industrial or commercial use (including reselling or leasing);
      • You are younger than 13 years of age and purchasing from the United States of America, Canada, and other countries;
      • You are younger than 16 years of age and purchasing from any country of the European Union;
      • You have not read and accepted these Terms.

    • By agreeing to these Terms and making a purchase on Our Website you confirm to Us, that:

      • You are above the legal age applicable in your country for entering into any distant purchase agreement;
      • Your provided contact, billing, and shipping information is true and correct;
      • You are paying for the product with the credit card that belongs to you or the owner of the credit card has authorized you to use the card and such authorizations were issued in a form which is required in your place of residence;
      • You are purchasing the products for personal use only.
  1. Delivery

    • Once you have placed your order on the Website and made the payment, we will process your order within 1-2 business days. Usually, if you have placed your order before 12 AM Eastern time, we will process your order same day, if later – then within the next business day. If you choose standard delivery, we will deliver your products within 1 to 5 business days.
    • On your check-out from our store you may be eligible to choose a specific delivery method, such as expedited delivery or Cash on Delivery. As your preferences for delivery method might affect shipping costs, all prices for products in our store are displayed without the shipping costs. You will be provided with a shipping costs estimate on the check-out page, once you have provided your shipping address details. All purchases that would be above USD 45 in value are eligible for free delivery.

    • Please be noted that:

      • the shipping terms may be affected by customs, natural occurrences, transfers to the carrier, air and ground transportation strikes or delays, pandemic, etc. We will be not responsible for delays if the shipment will be delayed due to the aforementioned reasons;
      • once Your order has been processed and dispatched we will not be able to accept any changes to Your order.

    • All Products purchased on our Website will be delivered to you by UPS, FedEx, USPS, or DHL mail. After we finish processing your order we will send you a confirmation letter containing your shipment tracking number. You will be able to track your order by following the tracking link that we will provide to you with a confirmation letter.
    • In case your purchase does not reach you within 7 business days, please report to our customer support and inform us about an acceptable and reasonable additional period of time upon which we will deliver you your purchase. You shall be entitled to terminate the purchase only if We have failed to deliver your purchase within the additional time limit. Please be noted, that you cannot claim to not have received the purchased goods if the rules set out in this provision are not followed.

  2. Returns & refunds

30-Day Money Back Guarantee

  • We offer a 30-day money back guarantee for all United States and Canada users, placing a purchase request for the first time on our Website. For your first purchase of any Product you can request a refund if you are not satisfied with the purchased Product. We only offer this 30-day money guarantee for Products purchased on our Website. If you purchased our Products through other sellers, please refer to the purchase location for returns, as such returns might be subject to the seller’s policy which we have no control over.
  • If you are not happy with your purchased Product, please contact our customer support by email ([email protected]) or by filling a contact form on the Website (https://planet-superfood.com/pages/contact) as soon as you can, but not later than within 30 days from receiving. When contacting our customer support please explain in at least 20 words the reasons why you are not satisfied with your purchase and we’ll refund the purchase price. Refund on this Money Back Guarantee basis are limited to one time per household and not more than one Product of each Product category.
  • If you want to return a purchased Product, we will collect it from you free of charge – just contact our customer support and you will be provided with a free shipping label and other details on how we will collect the returning item from you. Please be noted that we will not cover returning shipping fees if you won’t contact our customer support prior returning the Product and/or won’t follow our customer support’s guidelines for returning the Product.
  • Your refund will be processed within 14 days after receiving the returned product. You can choose to either receive a money refund, exchange to another Product or store credit for future purchase.
  • To handle your money back claim, please be prepared to provide our customer support the following information:

    • Package Size
    • Product
    • Lot # (only applies to certain products, that has QR code on them)
    • Packaged on date (a date number specified above UPC bar code)
    • Consumed product previously?
    • Consumed hemp previously?
    • Location of Purchase
    • Picture(s) of Product and/or concern
    • Your shipping address & phone number
    • Shipping receipt or invoice

  • Only one claim per household will be accepted for each category of Products. A household is considered as same delivery address.
  • We reserve the right to deny any return or refund claim if we believe that the claim is not made in good faith. This money back guarantee policy might be subject to change without prior notice. We may also amend this policy if required by the laws of the state in which you live.
  • Certain products on the Website may be designated as Final Sale or Non-refundable. We will not be able to offer you refunds on such products.

Returning a Defected Product

  • Within 30 days from receiving, you can return a Product and receive a refund, exchange or store credit for future purchases, if you have received a Product which is either (“Defected Product”):
    • damaged or contaminated package;
    • defected, rancid, rotten or otherwise bad; or
    • substantially different from what you have ordered (incorrect item).
  • If you have received a defected item, please contact our Customer support by email ([email protected]) or by filling a contact form on the Website (https://planet-superfood.com/pages/contact) as soon as you can, but not later than within 30 days from receiving the defected item and be prepared to provide the following information to our customer support:

    • Package Size
    • Product
    • Lot # (only applies to certain products, that has QR code on them)
    • Packaged on date (a date number specified above UPC bar code)
    • Consumed product previously?
    • Consumed hemp previously?
    • Location of Purchase
    • Picture(s) of Product and/or concern
    • Your shipping address & phone number
    • Shipping receipt or invoice.

  • We will collect the Defected Products from you free of charge – our customer support will provide you with a free shipping label and other details on how we will collect the Defected Product from you. Please be noted that we will only accept returns if they will be delivered to us by ways specified to you by our customer support.
  • We may refuse to issue a refund for Defected Product, if:

    • the Defected Product was used extensively more than necessary to identify a defect (for example, if half of the Product was used prior return);
    • you are unable to provide the Defected Product for inspection;
    • after close inspection we have not found the defects that you have specified.

  • Your refund will be processed within 14 days after receiving the Defected Product and inspecting it by us. As a refund, you may choose to either receive a money refund, exchange to another Product or store credit for future purchase.
  1. Pricing, payments, and charges

    • Prices for Products sold on the Website might be subject to change. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the sale of products.
    • The prices displayed on the Website are not inclusive of shipping costs and taxes, which will be specified in the check-out page once you provided us the necessary details. Consumers from different countries or states may see product or delivery prices which would be different – the prices may be affected by sales taxes which might be applicable depending on each case, or by shipping costs that would be implied for particular locations.
    • Please be noted that we will never apply any conversion rates or charges dependable on your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on our Website or purchase receipt and your bank account statement, please refer to your bank for a detailed explanation of the additional charges.
    • We accept payments by credit card, PayPal, Square, and by payment on delivery, if during the checkout you would opt for Cash on Delivery service. We will not accept any checks or other means for payment.

  2. Rules of conduct

    • Please be noted that our Products are sold for personal use only. By agreeing with these Terms you confirm that you will only buy our Products for personal use.
    • You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of Planet Superfood and are protected by the copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of copyright.
    • By agreeing to these Terms, you confirm that you understand that the purchased Products may not be returned once they are delivered to you and you have opened the Product package.
    • We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:

      • Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;
      • Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
      • Comply with all policies posted on the Website;
      • Not transfer, legally or factually, your registered account to another person without our written consent;
      • Provide honest and accurate information to us;
      • Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
      • Not reformat, format, or mirror any portion of any web page of the Website;
      • Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;
      • Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
      • Not commercially resell, redistribute or transfer any Products that you buy from us;
      • Not interfere in any way with security-related features of the Website;
      • Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
      • Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
      • Not perform any other activity or action which would be incompliant with these Terms or applicable laws.
  1. No warranties

    • Please be noted that all Products are sold “as is” and we provide no warranties regarding suitability for your personal needs or preferences. We provide no warranties or claims with regards to the Products properties and we do not claim that the Products would be suitable to treat, diagnose, mitigate or have any other effect for specific conditions or disease, as our Products are not medical products.
    • Planet Superfood is not a medical organization and we cannot give you any medical advice or assistance. Nothing on the Website should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. You are solely responsible for evaluating and assessing your own health and dietary needs.
    • If you have specific allergies or health conditions that might be affecting your body's fat and protein metabolism, you should consult your dietician or physician before using hemp products that are high in proteins and healthy fats.
    • Our Products are intended to be used as part of a healthy lifestyle and may supplement a balanced diet. However, we do not claim that our products should be used as replacement for a varied and balanced diet. Although many people do not meet dietary recommendations, we recommend that you should aim to eat as varied and balanced diet as possible.
    • Each person body may react to hemp foods, as well as other products, differently thus we do not provide any warranties that our products will be suitable for you specifically and that your body will tolerate hemp well.
    • We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Website for indefinite periods of time or cancel it at any time, without notice to you.

  2. Disclaimers

    • The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
    • We honor the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names except when a user gives its consent to display his/her name and/or image.
    • All third-party trademarks displayed on this website are the property of their respective owners. The presence of a third-party‘s trademark on the Website does not mean that we have any rights to such trademarks or that it does have any relationship with that third-party or that the third-party endorses Planet Superfood.
    • Unless otherwise indicated, this Website is Planet Superfood property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by Planet Superfood and are protected by copyright and trademark laws. It is forbidden to copy or use any of the website's contents without prior written approval by us.
    • Planet Superfood is not affiliated with any governmental authorities or other companies with similar names, products, or services. We are a fully independent private company that strives to provide its customers with the best possible products.
    • The products offered on or through the website are provided 'as is; and without warranties of any kind either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
    • The products sold on our website are designed for personal use only. we do not claim that any of our products will be suitable for professional, industrial, or commercial use.
    • We do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site or the servers that make the site available, are free of viruses or other harmful components. We expressly disclaim liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that we are not liable for the defamatory, offensive, or illegal conduct of other third-parties, subscribers, members, or other users of the website and that the risk of injury from the foregoing rests entirely with each user.
    • We do not make any representations or warranties about the correctness, accuracy, timeliness, or reliability of the website or third-party sites. Use of any information on the website or third-party websites is at the user’s own risk. Under no circumstances will we be liable for any loss or damage caused by reliance on information obtained through the website.
    • Any information provided on the Website is for informational and recreational purposes only and may not be used as dietary or health advice. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume all risk for your use of information provided on the Website.
    • Planet Superfood made every effort to display as accurately as possible the colors and images of all materials that appear on the Website. However, We cannot guarantee that your computer monitor's display of any color will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.

  3. Indemnification

    • You agree to indemnify, defend and hold Planet Superfood and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys' fees) in connection with:

      • Your use of, or connection to, Our Website;
      • Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
      • The content of information submitted by You to Us;
      • Your violation of the rights of any other person or entity;
      • Your violation of any applicable laws, rules, or regulations.

    • Planet Superfood reserves the right, at its own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Planet Superfood defense of such claim.

  4. Limitation of liability

    • Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website, including its materials, products, or services, or third-party materials, products, or services made available through the website, even if we are advised beforehand of the possibility of such damages. As some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may apply to you in lesser extent. in such states, our liability and the liability of our subsidiary companies or affiliates is limited to the greatest extent that it can be limited under such state law.
    • In no case shall Planet Superfood, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issues, sickness, physical problems, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no case shall Planet Superfood, be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    • If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

  5. Personal data

    • We take reasonable precautions and follow industry best practices to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
    • Planet Superfood ensures that all personal data shall be collected and processed under all applicable laws. To find out more about how we use and process personal data please read our Privacy Policy.
    • By accepting these terms of service you agree that Planet Superfood would use your personal data to carry out our obligations regarding provisions of these Terms, delivery of Products, and providing promotional information, as well as other purposes set out in the Privacy Policy.
    • Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors we might send you a text message or email with a reminder to carry out necessary actions.

  6. Intellectual property

    • With regards to these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind whether or not they are registered ("Intellectual Property").
    • All Intellectual Property displayed on the Website or provided to You in any other form are protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
    • All Intellectual Property displayed on the Website or provided to you in any other form belong to Planet Superfood, except third-party trademarks, service marks, or other materials, which are used by us. None of such Intellectual Property may be used without the prior written consent of Us or the third party to whom such Intellectual Property belongs.

  7. Governing law and disputes
    • If You have any complaints regarding the Website, fees, refunds, quality of Products, or anything related to the use of the Website, You must first contact our support team ([email protected]com) before taking any action through third parties. Please be noted that by agreeing to these Terms you explicitly agree not the request for any refunds or chargebacks from your bank or credit card operator without priorly contacting us and without giving us a chance to settle any issues that you might have.
    • All complaints or claims provided by you shall be processed within 30 days from receiving. We always put our best efforts into the positive settlement of the complaint or claim. When addressing us with your complaints, you must always identify yourself by the same first name and surname that you have provided to us when purchasing on the Website.
    • You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Colorado and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
    • Any claim must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

  8. Miscellaneous

    • If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
    • You can review the most current version of the terms of service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website.
    • These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.

  9. Contact information

    • You can contact us by the following details:

Email - [email protected]
Phone – 1-833-866-4367
Mailing address - 600 17th Street, Suite 2800 South, Denver, CO 80202
Online contact form - https://planet-superfood.com/pages/contact