Terms of service

Terms and Conditions

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. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

BY USING THE PATCHMILK.COM WEBSITE OR PLACING AN ORDER FOR PRODUCTS THROUGH THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY (IF GREATER THAN 18) IN YOUR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms” or this “Agreement”) apply to the purchase and sale of products through the www.patchmilk.com website (the “Site”) and to your general use of the Site and Patch Organics’ social media pages/accounts on third-party social media platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”). You should also carefully review our Privacy Policy.

These Terms are subject to change by Patch Organics Inc. (referred to as “Patch Organics,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product through this Site. Your continued use of this Site, and your purchase of Patch Organics products, after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not agree with the modified terms and conditions, you should stop using the Site and not order products through the Site.

  1. Terms of Sale

All orders must be accepted by us or we will not be obligated to sell the products or to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.

  1. Shipping & Delivery

We use third-party carriers to deliver your products and provide you with tracking information for every package. You will pay all shipping and handling charges specified during the ordering process. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need.

Any delivery dates that we provide are estimates only. Actual delivery dates may vary and are beyond the control of Patch Organics. We are not liable for any delays in shipments.

The risk of loss and/or damage passes to you upon our transfer of the products to the carrier.

  1. Replacement & Credit

All sales are final. We may provide a replacement or credit in the event that items arrive damaged. In the event that you are unhappy with your order, please contact us at hello@patchmilk.com within 5 days of the date you received the unsatisfactory item. We, at our sole discretion, may give you a replacement or credit for the damaged item(s). We reserve the right to require photographic documentation of any damaged product before we provide you a replacement or credit.

  1. No Resale

You are not permitted to resell or otherwise use the Patch Organics products for commercial purposes.

  1. Force Majeure

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

  1. Disclaimers

ALL PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

  1. Registration and Communication

To purchase products through the Site, you will need to register for a Patch Organics account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that Patch Organics may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

By ordering products through the Site or creating a Patch Organics account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. 

By providing your mobile phone number to us through the Site or in connection with your order, receipt or use of our products, you consent to receive calls or text messages at any such phone number sent by or on behalf of Patch Organics, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Patch Organics processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.

  1. Content

The Site and Social Media Pages contain content which includes, but is not limited to, information pertaining to the Patch Organics products, as well as third-party links. All content on the Site and Social Media Pages is offered for informational purposes only and is at all times subject to the disclaimers contained herein. While Patch Organics makes reasonable efforts to ensure that information on the Site and Social Media Pages is accurate, it does not warrant or guarantee that content on the Site or Social Media Pages is accurate or complete.

  1. Intellectual Property

The Site, the Social Media Pages, and all associated content, design, text, graphics, images, video, audio,  and interfaces, as well the collection, selection, and arrangement thereof, and all associated software (collectively, the “Patch Organics Materials”), are the sole and exclusive property of, or duly licensed to, Patch Organics. The Patch Organics Materials are owned by Patch Organics or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site. You must not (i) modify copies of any materials from the Site or Social Media Pages; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site or Social Media Pages. You must not access or use for any commercial purposes any part of the Site and/or Social Media Pages, or any services or materials available through the Site and/or the Social Media Pages.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site and/or the Social Media Pages in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Site and/or the Social Media Pages not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

  1. Trademarks

The Patch Organics name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Patch Organics or its affiliates or licensors. You must not use such marks without the prior written permission of Patch Organics. All other names, logos, product and service names, designs and slogans on the Site and/or the Social Media Pages are the trademarks of their respective owners.

  1. DMCA Compliance

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of limiting access to the Site by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Patch Organics (as set forth below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to Patch Organics by email at hello@patchmilk.com.

  1. Rights to User Content

 

If you submit content you own (“User Content”) to the Site or Social Media Pages, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our Social Media Pages, you hereby grant Patch Organics a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, and you also agree that Patch Organics is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose..

 

By uploading, posting or submitting User Content to the Site or through our Social Media Pages, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Patch Organics to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

  1. Third-Party Sites and Content

If the Site and/or the Social Media Pages contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Patch Organics has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site and/or the Social Media Pages, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Site and/or the Social Media Pages may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Patch Organics. Patch Organics is not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

  1. Prohibition on Improper Use

As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree that you shall not use the Site: (a) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (b) in violation of Patch Organics’ or any third party’s intellectual property or other proprietary rights; (c) in violation of any applicable laws; (d) to attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (e) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (f) to use or attempt to use any "spider", "robot", "bot", "scraper", or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (g) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; (h) to post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," or any other form of solicitation; or (i) to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Patch Organics product or service if you are not expressly authorized by such party to do so.

 

  1. Privacy

 

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site. By using the Site, you consent to all actions taken by Patch Organics with respect to your information in compliance with the Privacy Policy.

 

  1. Indemnification

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Patch Organics, 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 “Patch Organics Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs 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”) that are caused by, arise out of or are related to (a) any use or misuse of the Site or Social Media Pages, content on the Site or Social Media Pages, or Patch Organics products by you or any third party you authorize to access or use such Site, content or products, (b) any content you create, post, share or store on or through the Site or our Social Media Pages, (c) your violation of these Terms, and (d) your violation of the rights of another.

 

  1. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PATCH ORGANICS OR ANY OF THE PATCH ORGANICS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE OR SOCIAL MEDIA PAGES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT SOLD THROUGH THE SITE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY PATCH ORGANICS PARTY, OR FROM EVENTS BEYOND THE PATCH ORGANICS PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE PATCH ORGANICS PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE PATCH ORGANICS PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM PATCH ORGANICS EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE PATCH ORGANICS PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

 

THE LIMITATIONS SET FORTH IN THIS SECTION 17 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

  1. DISPUTE RESOLUTION AND BINDING ARBITRATION

If you have a complaint that Patch Organics’ customer service department is unable to resolve to your satisfaction (or if Patch Organics has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

YOU AND PATCH ORGANICS AGREE 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.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, ALL DISPUTES THAT ARISE UNDER OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PAST, PRE-EXISTING, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) WILL BE RESOLVED BY INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Unless you and Patch Organics agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Patch Organics agrees that it will pay a consumer’s filing fee for the arbitration. 

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 the 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. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR PATCH ORGANICS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR TO ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). 

You may elect to pursue your claim in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first purchased Patch Organics’ products through the Site by writing to: Patch Organics at hello@patchmilk.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

  1. Governing Law & Venue

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York. Any Dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in Westchester County, New York.

  1. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 20 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  1. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.

  1. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Patch Organics.

  1. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Patch Organics.

  1. Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to hello@patchmilk.com. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  1. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  1. Entire Agreement

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.