• TERMS AND CONDITIONS

    Last updated: April 3, 2020

    Welcome to Balsam Provisions! As a response to the ongoing COVID-19 crisis, Balsam Provisions LLC ("Balsam Provisions") was established in order to supply basic food and household essentials for those who have limited options for obtaining such items or who do not wish to shop in public during this time ("Program"). The Program was launched very quickly, it is intended as a public service, and any profits from the Program will be donated to charity. So please bear with us as we work our kinks in our own system and try our best to serve you during these challenging times.

    BALSAM PROVISIONS HAS CONTRACTED WITH BALSAM HILL AS ITS AGENT TO HOST THE PROGRAM ON THE BALSAMHILL.COM WEBSITE, HELP PROCESS ORDERS, COORDINATE SHIPMENTS OF GOODS, FULFILL CUSTOMER SERVICE REQUESTS, AND OTHER TASKS. NEVERTHELESS, ALL ORDERS FOR FOOD AND SUPPLIES ARE MADE TO AND FULFILLED BY BALSAM PROVISIONS LLC, AN AFFILIATE OF BALSAM HILL. TO THE EXTENT THAT THE PROGRAM USES THE BALSAM HILL WEBSITE, BALSAM HILL’S SEPARATE TERMS AND CONDTION AND PRIVACY POLICY APPLY, EXCEPT WHERE THESE TERMS AND CONDITIONS ARE DIFFERENT.

    THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    BY PLACING AN ORDER FROM BALSAM PROVISIONS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM BALSAM PROVISIONS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BALSAM PROVISIONS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products from Balsam Provisions. These Terms are subject to change by Balsam Provisions without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms, together with our Privacy Policy, prior to purchasing any product that is available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. If there is any different between these Terms or the Privacy Policy below, and the terms and conditions or privacy policy of Balsam Hill, these Terms and the Privacy Policy below shall govern your purchase of food or household staples.

    ORDER ACCEPTANCE AND CANCELLATION

    You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

    CHANGES TO YOUR ORDER; OUT-OF-STOCK ITEMS

    Some of our items may go out of stock after you have placed your order, and while we will do our best to ship all products in your order to you, we may only be able to send you some – but not all – of the items in your order. If this happens, we will send you everything in your order that we are able to fulfill, charge you only for those items that we ship, and – if appropriate – adjust any shipping charges you downward.

    SHIPPING & HANDLING

    Balsam Provisions will ship products according to the shipping & handling option selected by you at checkout. We reserve the right to change the shipping options as needed. You are responsible for choosing a shipping option that will get your products to you without spoliation, especially if you live in a warm climate. Please keep in mind that items shipped later in the week could remain in transit over the weekend and be exposed to warm or hot temperatures during that time.

    LIMITED WARRANTY

    Balsam Provisions does not manufacture or control any of the products offered in connection with the Program. The availability of products sold by Balsam Provisions does not indicate an affiliation with or endorsement of any product, service or manufacturer.

    The foregoing notwithstanding, Balsam Provisions is offering a 30-day limited warranty for food products, and a 7-day limited warranty on non-food items. Please inspect your purchase upon receipt for any damage or defect. The warranty periods apply upon your receipt of the products. Proof of purchase and damage may be required should you apply for a warranty claim.

    If during the limited warranty period you submit a claim to Balsam Provisions in accordance with this warranty, we will, at our sole option:

    • Refund the amount you paid for the defective, missing, or erroneous product; or
    • Replace any defective product with one that is identical or similar, according to availability. Please note that product availability can change and we will work with you to find a solution.

    From time to time, Balsam Provisions may amend its warranties, but any changes will not be retroactive.

    OTHER THAN THE WARRANTY DESCRIBED ABOVE, WE DISCLAIM ANY STATUTORY OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE REGARDING HIDDEN OR LATENT DEFECTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES BALSAM PROVISIONS AND ITS AGENTS AND AFFILIATES FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE LAW WHICH APPLIES TO YOU DOES NOT ALLOW US TO IMPOSE CERTAIN LIABILITY LIMITATIONS, EXCLUSIONS OR DISCLAIMERS, OUR WARRANTIES ARE LIMITED IN SCOPE AND DURATION TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

    TYPOGRAPHICAL ERRORS

    We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. Balsam Provisions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled or is modified as described above, Balsam Provisions shall issue an appropriate credit to your credit card account.

    GOODS NOT FOR RESALE OR EXPORT

    You represent and warrant that you are buying products from Balsam Provisions for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

    LIMITATION OF LIABILITY

    BALSAM PROVISIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS SOLD ON THIS WEBSITE, EVEN IF BALSAM PROVISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    NOTICE

    Any time that Balsam Provisions determines, in our sole discretion, that we should or are obligated to communicate with you, we may deliver notice to you by means of e-mail, a general notice on this site, or by other reliable method to the address you have provided to Balsam Provisions. In accordance with our Privacy Policy, we may contact you in certain circumstances – including by email – even if you have asked us not to send you mail or email communications.

    INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless Balsam Provisions and its affiliates’ respective officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms.

    THIRD-PARTY LINKS

    In an attempt to provide increased value to our visitors, Balsam Provisions may link to sites operated by third parties. However, even if the third party is affiliated with Balsam Provisions, Balsam Provisions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balsam Provisions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Balsam Provisions seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

    SHIPMENTS TO CANADA

    Balsam Provisions currently does not ship to Canada.

    CLAIMS AND DISPUTES

    ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS OR YOUR PURCHASE OF PRODUCTS SOLD BY BALSAM PROVISIONS SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT. ANY SUCH ARBITRATION PROCEEDING SHALL APPLY CALIFORNIA LAW AND SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA.

    YOU AND BALSAM PROVISIONS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY AAA’S RULES. BALSAM PROVISIONS WILL PAY ANY SUCH FEES CHARGED IN CONNECTION WITH THE ARBITRATION (BUT NOT YOUR ATTORNEYS’ FEES) FOR CLAIMS TOTALING LESS THAN USD10,000.00 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE YOU AGREE THAT YOU WILL PAY SAID FEES. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THIS ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

    YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT RATHER THAN ARBITRATION IF YOUR CLAIMS QUALIFY, AND IF YOU PROVIDED US WITH WRITTEN NOTICE OF YOUR INTENTION TO DO SO WITHIN 60 DAYS OF YOUR PURCHASE. THE ARBITRATION OR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO YOUR INDIVIDUAL DISPUTE OR CONTROVERSY.

    YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF BALSAM PROVISIONS PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE BARRED FOREVER.

    TERMINATION

    These Terms are applicable to you upon your accessing this site and/or completing the shopping process. These Terms, or any part of them, may be modified or terminated by Balsam Provisions without notice at any time, for any reason. The provisions relating to Limitation of Liability, Indemnification and Miscellaneous shall in all events survive any termination of these Terms and Conditions.

    CUSTOMER SERVICE

    We have contracted with our affiliate, Balsam Hill, to manage customer service inquiries on our behalf. If you need assistance, please see options for contacting us here.

    Call us at Balsam Hill’s toll-free number: 888-55-BALSAM (888-552-2572). Their Customer Loyalty Specialists can be reached Monday to Sunday between the hours of 5am and 7pm Pacific time.

    Live Chat service is available 3 PM - 8 PM PST, Sunday - Thursday. Simply select "Live Chat" at the lower right corner of your desktop or tablet.

    PRIVACY POLICY

    This Privacy Policy incorporates the Terms & Conditions above in their entirety. Insofar as the Program uses the Balsam Hill website, your use of the website and/or purchase of orders from Balsam Provisions indicates that you agree to Balsam Hill’s Privacy Policy (including, without limitation, provisions pertaining to the California Consumer Protection Act). Selection of email preferences and catalog preferences at checkout pertains to marketing by Balsam Hill and shall be governed by Balsam Hill’s Privacy Policy.

    Balsam Provisions uses information collected from you in the following ways:

    • To process your order and provide you with customer support, services such as warranties, refunds and product recalls, as well as product delivery.
    • To provide you with information about our products and services through email, direct mail, and advertisements that you may see when browsing online.
    • To inform you of updates to, or changes in, our products and services, including changes to our terms and conditions and policies.
    • To screen transactions for fraud, and, if necessary, to decline to do business with you if any of your information has been linked by us or a third-party data processor with fraudulent activity.
    • To comply with legal requirements or obligations to law enforcement, regulators and the court service.

    You acknowledge and agree that Balsam Provisions may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Balsam Provisions, Balsam Provisions customers, and the public.

    You may receive transactional emails from Balsam Hill, our affiliate, who we have engaged as our agent to help operate the Program. These transactional emails include your order confirmation details, delivery status, potentially some customer feedback requests, and the like.

    MISCELLANEOUS

    Your purchase of products from Balsam Provisions shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Balsam Provisions' failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Balsam Provisions with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balsam Provisions may assign its rights and duties under this Agreement to any party at any time without notice to you.