This website is operated by Earthy Now. Throughout the site, the terms “we”, “us” and “our” refer to Earthy Now. Earthy Now offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of/or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress-WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any quantitative amounts given for a product are approximations and you accept any potential variance when purchasing a product from this site. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Any information related to dosing of any product(s) is given for educational purposes only, and should not be considered an instruction from Earthy Now in any way, shape, or form on how to utilize the products offered by Earthy Now.
SECTION 6 – PURCHASE AGREEMENT
The purchaser of Earthy Now products bears all risk and assumes all liability associated with the use, purchase, and possession of Earthy Now products. For ages 21+ only. Do not operate a vehicle or machinery for at least twelve hours after your last use of Earthy Now products, or until you do not feel any effects of Earthy Now products, whichever is longer. Consult a healthcare professional before using Earthy Now products. Do not consume Earthy Now products if pregnant or nursing. Although everyone is different, it is possible that you will feel intoxicated or “high” after using Earthy Now products. Effects of Earthy Now products may be delayed by up to 2 hours. Do not consume Earthy Now products more than once every 12 hours. Earthy Now products may cause you to fail a drug test. Under the Agriculture Improvement Act of 2018 (2018 Farm Bill, 7 U.S.C. §1639o(1)), cannabis products with no more than 0.3% Delta-9 THC on a dry weight basis constitute lawful “hemp” and are not controlled substances under federal law. Although Earthy Now’s hemp products are not controlled substances under federal law or the laws of most states, including North Carolina where our business is located, your state’s laws and regulations may differ. For this reason it is important that you understand your state’s current laws regarding hemp prior to purchase and that you not attempt to purchase products that are prohibited in your state. MEDICAL DISCLAIMER: These statements have not been evaluated by the Food and Drug Administration. Earthy Now products are not intended to diagnose, treat, cure, or prevent any disease.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or product reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, is a medical claim, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Earthy Now, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, 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. 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.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Earthy Now and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service 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.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Buncombe County, North Carolina.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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. It is your responsibility to check our website periodically for changes. Your continued use of/or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 22 — CANCELLATIONS
Cancellations are not guaranteed.
Earthy Now Rewards
Earn Reward Points and spend them on purchases!
There are several ways to earn Points and each Point is worth $1 in value. You can easily use your Points at checkout, and pay for a purchase with a combination of Points and/or credit/debit card.
Note – you need a free account on earthynow.com to earn Rewards Points: Login / Register
How to earn Points
How to spend points
- Shop and add products to your cart.
- At checkout, you’ll see how many Points you have available to use, labeled “Your Available Points”
- Enter the number of Points you want to redeem in the box labeled “Use on this Order” and click “Apply”
- To use the maximum number of Points allowed for your order, click “Use Max Amount”
- The system will apply the Points to your order and update the amount due.
Terms and conditions apply:
- A free account on earthynow.com is required to earn Rewards Points: Login / Register
- Points do not expire unless you cancel your account or we end the Rewards program.
- Points are accrued based on cart total after discounts.
- Points are applied as payment for products but do not apply to tax or shipping.
- Points may not be used in conjunction with Coupon Codes.
- There is no minimum or maximum number of Points you can apply to an order, up to the Cart total before tax and shipping.
- Points have no value outside of the Earthy Now Rewards program.
- Points are only redeemable toward the purchase of goods on earthynow.com and may not be redeemed for cash value.
- Points are only redeemable by the account that earned them.
- Points may not be sold, traded, or donated.
- No fractional or partial Points may be earned or spent (ie. whole numbers only)
- An item priced under $20 will not earn Points on its own, however Points earned are based on the cart total before tax and shipping. For example one $15 Pre-Roll will not earn Points, but a $15 Pre-Roll and a $25 Delta-8 Gummies total up to $40 and will earn 2 Points.
Please Note – To earn Points on your birthday, we need your date of birth! You may have provided it when you registered for an account, if not you can add it via the Account details tab in your Earthy Now Customer Account Dashboard.
Earn unlimited Points by telling your friends about us!
Just refer friends to our website with your unique Refer-a-Friend Code. When they use it for a purchase, your friends will save $20 and you’ll earn 20 Points!
How to share your Refer-a-Friend Code
- Log into your Account
- Choose and enter your custom Refer-a-Friend Code in the space provided.
- Share your Refer-a-Friend Code via email, text, social media, your website, sidewalk chalk….wherever you want!
- When your friends make their first purchase at Earthy Now for $40 or more and use your unique Refer-a-Friend Code at checkout, they will save $20 on their order.
- Once their order is complete, you will earn 20 Points.
- There’s no limit on sharing & earning. Share with as many friends as you want and earn 20 Points for each friend who makes a qualifying purchase.
- Monitor all your Earthy Now Rewards Points activity in your account anytime.
How to use a Refer-a-Friend Code you’ve received
- Shop at earthynow.com and put items in your cart.
- On the Cart or Checkout page, enter the Refer-a-Friend Code in the “Redeem Rewards Points” section, in the box labeled “Did someone share their Refer-a-Friend code with you? Enter it here!” and click “Apply”
- The page will refresh with a new total.
Terms and conditions apply:
- A person who uses your Refer-a-Friend Code does not need an account to participate. They can checkout as a Guest and will get the $20 discount, and you will earn 20 Points once their order is completed (They have the option to create an account and start earning too).
- You may change your Refer-a-Friend Code any time, but only the current Refer-a-Friend Code in your account is active. Any previous Refer-a-Friend Codes that you have shared with people will no longer work if the current Refer-a-Friend Code is changed.
- Refer-a-Friend Codes are not case sensitive.
Shipping & Returns
Question about your order? Email us at email@example.com.
All shipments are professionally packed in-house by our careful crew. Boxes are sealed to be odor-free, do not have Earthy Now branding, and do not indicate what is inside. The package return address label will read: SSIIRRII, 825 C Merrimon Ave., #213, Asheville, NC 28801.
Most orders ship the same day they are received. Orders received over the weekend will ship on Monday. Once the order is shipped you will receive an email with tracking information.
We use USPS & UPS services but reserve the right to use another carrier.
Our shipping prices are based on the actual cost to ship a product to your address from ours in Asheville, NC. We do not mark up shipping costs or add handling fees. Shipping costs are non-refundable.
Please note we ship to all 50 states in compliance with the 2018 Farm Bill and the purchaser bears all responsibility for compliance with state and local laws.
We currently do not ship internationally outside the United States.
90 Day Return Policy
We sell the finest federally-compliant CBD products that we use and love ourselves. If for any reason you are not satisfied with your purchase, we have a 90-day no questions asked return policy. Simply return any unused portion within 90 days to receive a full refund. Please contact customer support for the return address: firstname.lastname@example.org.
Exchange for Damaged or Defective Products
If you have received a damaged product, please email us at email@example.com. We will be happy to replace your purchase.
Subscribe & Save
At Earthy Now we know that having a consistent supply of products is important for getting the therapeutic benefits of CBD. We can help with that!
To make sure you never miss a dose, we offer Subscribe and Save plans – three subscription levels that keep you stocked up and save you money. With Subscribe and Save, just choose how often you’d like to receive your favorite products and we do the rest! The more often you get a shipment, the more you save.
Subscription Plan Levels
BI-WEEKLY 25% SAVINGS
Our best offer, pure and potent products delivered directly to you twice a month for 25% savings off of the retail price.
MONTHLY 15% SAVINGS
Our most popular plan. Monthly delivery of pure and potent products to you for 15% savings off of the retail price.
QUARTERLY 10% SAVINGS
The “quartermaster” plan. Every three months you’ll receive pure and potent products delivered directly to you for 10% savings off of the retail price.
How to subscribe
Ordering is easy. Each product page has a dropdown menu for “quantity to order.” From the dropdown menu, just choose your desired subscription plan from the list, and add it to the cart.
When you check out, your credit card will be charged for the first product shipment. After that your card will be charged only when we send your next shipment.
You can easily make changes to the size of your subscription order, there’s no long term commitment and you can cancel anytime.
How to unsubscribe
To cancel, just log into your account here: Log In, click on “Subscriptions” and then click on “Cancel.” Or call Customer Support for assistance at 1-844-890-1713 (toll free).
Terms and conditions apply:
- You must register for an account to purchase a subscription.
- Subscribe and Save cannot be combined with other discounts.
- Coupons do not apply to Subscribe and Save prices, which are already discounted.
- Products may go on sale at any time.
- Sale prices apply to a single-purchase item price only, not to Subscribe and Save prices, which are already discounted.
- Subscriptions are available while supplies last. In the event that a product is discontinued, the subscription will end. Please contact us if you’d like help finding an alternative product!
Sales & Coupons
Products may go on or off sale at any time.
- Sale prices apply to a single-purchase item price only, not to Subscribe and Save prices, which are already discounted.
- One Coupon Code may be used per order.
- Percentage-off Coupon Codes apply to full price items. Codes do not discount items that are on sale, Buy One Get One Free, Subscribe and Save, etc.
- Certain Coupon Codes may only be used once per account.
- Coupon Codes may not be used in conjunction with Rewards Points.
- Questions? Email firstname.lastname@example.org