Terms & Conditions

GENERAL TERMS & CONDITIONS OF SALE

The following are the Terms and Conditions of sale (“Terms and Conditions”) applicable to sales of products and services by Kria Botanicals LLC & Kria Commons LLC (hereinafter “Kria”) or any and all use of the www.kriabotanicals.com website by the site user or buyer (“You” or “Customer”). These terms shall govern the sale of Kria Products, Services and the support thereof. Kria expressly rejects any conflicting, standard, pre-printed or additional terms set forth in Customer’s order or as otherwise referenced by Customer and in no event shall such terms or conditions apply to Kria’s sale of Products or Services to Customer unless expressly agreed to in a separate written agreement signed by both Kria and Customer.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR SERVICES FROM KRIA OR MAKING ANY USE OF KRIA’S WEBSITE AT WWW.KRIABOTANICALS.COM OR ANY OTHER DOMAINS, OR ANY SITE OR OTHER PAGES AFFILIATED WITH KRIA, (THE “KRIA SITES”). BY PURCHASING ANY PRODUCTS OR SERVICES FROM KRIA, OR BY USING THE KRIA SITE, CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.

Kria reserves the right, at its discretion, to change these Terms and Conditions at any time.

Kria Content: Customer acknowledges and agrees that all information and materials contained in the Kria Site or other Kria promotional or marketing materials, case studies, documentation accessible from the Site, trade names, trademarks or other intellectual property are Seller’s exclusive property or the property of its licensors (the “Kria Content”). Except as permitted in this Section 1 below, no Kria Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer may use and download Kria Content in connection with Customer’s use of the Kria Site to evaluate and purchase Products. In all circumstances, however, Customer agrees to: (i) keep intact all copyright, brand, trade name, trademark and other proprietary or intellectual property rights or notices, (ii) make no modifications to the Kria Content, and (iii) not copy, download, retrieve and/or store any quantities of Kria Content to a database server, or other computer that can be used to avoid future use of and/or downloads from the Kria Site or for any other purpose, commercial or otherwise, except as is set forth herein or may be expressly agreed to in writing by Kria.

Pricing: Pricing is provided in consultation with Kria via a Quote or Proposal. Pricing is valid for 7 days unless otherwise expressly noted, and does not include shipping unless and except as expressly stated on or within a Quote or Proposal. Prices are for minimum order quantities as stated.

Acceptance of Orders: Kria holds the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify Kria’s acceptance of an order or confirmation of Kria’s offer to sell. Terms of payment are at the discretion of Kria.

In the event of incorrect pricing or information due to typographical error, Kria can refuse or cancel the order. In this case, a refund will be issued immediately. Kria reserves the right to make exceptions to these Terms and Conditions.

Payment and Pickup of Products: Customer shall have a period of fourteen (14) calendar days from the date of notification of order completion to retrieve the products and remit payment for any outstanding balance related to the extraction service.

Failure to complete payment and pickup within this period shall result in the accrual of interest on any unpaid balance at a rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is lower. Interest shall begin accruing on the unpaid balance from the first day following the expiration of the fourteen (14) day period until full payment is received. All orders will be put on hold until Customer balance is paid in full.

The Company reserves the right to take appropriate actions, including but not limited to, storage fees, disposal, or legal remedies, should the Customer fail to comply with these terms.

Kria accepts the following payment methods: Check, Cash, ACH, and Wires. Kria extends credit on a case-by-case basis and at Kria’s sole discretion. Kria accepts wire transfers on orders over $1,000. Customer agrees to pay applicable taxes, if any, including value-added, excise, all state and local sales and/or use taxes and personal property taxes, and any customs duties or charges imposed. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation.

Shipping: Customer is responsible for all shipping and insurance charges. Kria will ship anywhere in the U.S. at its discretion and under specific terms.

Force Majeure: Delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non-performance is caused by Force Majeure. For purposes of this Agreement, “Force Majeure” shall mean any cause preventing performance of an obligation under this Agreement (except for the payment of money) which is beyond the reasonable control of either party hereto, and which by the exercise of reasonable and customary due diligence, could not have been avoided or overcome, including without limitation, fire, flood, sabotage, shipwreck, embargo, epidemics or pandemics, explosion, labor trouble, accident, riot, acts of governmental authority, acts of God, and delays or failure in obtaining materials from suppliers.

DISCLAIMER AND LIMITATION OF WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, ALL PRODUCTS ARE PROVIDED STRICTLY “AS IS,” WITHOUT ANY WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

Limitation on Liability; Waiver of Consequential Damages

Limitation of Liability
The total liability of Kria, its suppliers, and subcontractors for any claims related to these Terms and Conditions shall not exceed the purchase price paid by the customer for the applicable Products. Liability is cumulative and not per incident.

Waiver of Consequential and Other Damages
Kria, its suppliers, and subcontractors shall not be liable for costs associated with substitute products, incidental, special, punitive, or consequential damages, lost profits, lost or damaged data, or indirect damages, regardless of the cause or theory of liability. This applies even if Kria was informed of the possibility of such damages and regardless of any failure of an essential remedy.

Third-Party Site Links and Trademarks

Kria’s website may contain links to third-party sites. Kria is not responsible for the content or operation of these sites. Product names and logos mentioned on Kria’s website are trademarks of their respective owners.

Insurance

Kria maintains General Liability, Personal Injury, and Product Liability insurance with industry-standard coverage levels.

Indemnification

The customer assumes responsibility for any injuries or damages arising from the handling, possession, or use of Products and agrees to indemnify Kria against any related claims, except in cases of Kria’s willful misconduct or gross negligence.

Ownership and Intellectual Property

Each party retains all rights, title, and interest in its pre-existing intellectual property. Except as expressly agreed in writing, no transfer of intellectual property rights occurs under this Agreement. Kria retains ownership of all pre-existing intellectual property embedded in its Products and Services.

Relationship

Kria and the customer are independent entities. Neither party may bind the other or incur obligations on their behalf.

Applicable Law

Disputes are governed by the laws of the State of Vermont. Legal proceedings must be brought in Vermont courts, and both parties consent to the exclusive jurisdiction of these courts.

Notices

Notices must be in writing and delivered in person, via registered or certified mail, or reputable overnight courier. Notices to Kria should be sent to 856 Hercules Drive, Colchester, VT 05446. Customer notices should be sent to the address listed on the order.

Miscellaneous

Failure to enforce any provision does not waive the right to enforce it later. If any provision is deemed invalid, the remaining provisions remain in effect.