These Terms of Sale (these “Terms of Sale”) govern your purchase of product(s) on this website, including through the mobile version hereof (collectively, this “Site”). This Site and its related services and applications (collectively, this “Service”) is being offered by a subsidiary of Conopco, Inc. d/b/a Unilever ("Seventh Generation" or "we"), which is a member of the Unilever group of companies. For more information on the Unilever companies and their product brands, click here. Seventh Generation may, in its sole discretion and at any time, modify, suspend or discontinue these Terms of Sale and/or this Site or specific portions of it.
PLEASE NOTE THE AUTOMATIC RENEWAL AND BINDING ARBITRATION TERMS BELOW. By purchasing a subscription on this Site, you agree that we may automatically charge your payment card on the first day of subscription period, continuously until you affirmatively cancel your subscription. The amount charged will be the same fee (plus taxes) that you paid for your initial purchase, which you can view in your plan summary through www.freethevs.com. You may cancel your subscription by logging on to your account at www.freethevs.com, emailing us at email@example.com, or calling Customer Care at (888) 788-0040. You must cancel your subscription at least two days prior to the start of the next subscription period in order to avoid incurring a charge for the upcoming period. These auto-renewal are described in more detail in Sections 2 and 3 below.
By purchasing a subscription on this Site, you also agree to resolve any controversy or claim arising out of these Terms of Sale through binding arbitration on an individual basis instead of in court. These arbitration terms are described in more detail in Section 7 below.
- Agreement to Be Bound
Your purchase of one or more subscriptions on this Site constitutes your agreement with Seventh Generation to be bound by, and to act in accordance with, these Terms of Sale. By using the Site to order a subscription, you agree that you have read, understand, and agree to be bound by these Terms of Sale, you are of legal age to form a binding contract with us, and you have the authority to enter into these Terms of Sale (including the legal right to use any credit card(s) utilized in connection with a transaction). If you do not wish to be bound by these Terms of Sale, you may not order any subscriptions or products on the Site. The Site is available only for purchases made and delivered within the U.S. and it is not intended for children.
- Orders and Shipping
- General Order Information
We sell subscriptions for regularly recurring shipments of feminine care products. Orders for in-stock merchandise are generally processed and shipped within two (2) business days of the date you submit an order or the date on which your recurring order is automatically submitted.
- Notice of Continuous Automatic Renewals and Charges
BY PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL PAYMENT FOR YOUR INITIAL ORDER AND AN AUTOMATICALLY RECURRING BI-MONTHLY OR QUARTERLY PAYMENT (DEPENDING ON THE SUBSCRIPTION SELECTED) UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION. YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO YOUR CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE BI-MONTHLY OR QUARTERLY PERIODS, AT THE ORIGINAL SUBSCRIPTION RATE, WITH CHARGES TO THE PAYMENT CARD YOU PROVIDE US. Following purchase and initial payment, we may submit periodic charges to the payment card you provide us, without further authorization from you, until you cancel your subscription or notify us that you wish to change your payment method (according to the instructions set forth in Section 3 below). Your credit card will be charged on the on the first day of subscription period.
- Delivery Information
Orders will only be shipped and delivered to addresses located within the United States, excluding PO Boxes. Seventh Generation will not ship to U.S. territories, military & air force bases and Canada. An order may only be shipped to one delivery address.
- Multiple Shipments
The merchandise you order may arrive in more than one box, but you will not incur any additional shipping charges under such circumstances. The total charges for all shipments, including the shipping charges, will equal the total for the entire order stated during the checkout process.
- Delivery Methods
Your shipment will arrive via USPS. We offer the following delivery methods:
48 Contiguous States
Standard Ground Delivery
4-10 Business Days
Standard Ground Delivery Hawaii
Standard Ground Delivery Alaska
- Standard Delivery- You may select standard delivery for all destinations in the 48 contiguous states. Items will arrive within 4-10 business days for most items that are in stock, excluding Alaska & Hawaii, which will arrive within 10-15 days. Please note that your package will not be delivered on a national holiday, and that national holidays may impact delivery times.
- Risk of Loss
THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS DELIVERED TO THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY IN THE EVENT YOU (A) PROVIDE AN INCORRECT DELIVERY ADDRESS DURING THE CHECKOUT PROCESS AND/OR (B) FAIL TO COLLECT THE MERCHANDISE FROM THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS.
- Disclaimer of Warranties and Limitation of Liability
EXCEPT FOR ANY WARRANTIES EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR PARENTS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE) FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY IN CONNECTION WITH THE PRODUCTS OR THESE TERMS OF SALE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU UNDER THESE TERMS OF SALE.
- Cancellations, Returns, Exchanges and Refunds
- Order Cancellations
If you would like to make changes to, or cancel, your order, please (i) call Customer Care at (888) 788-0040 between 8:30 am – 5:00 pm ET Monday through Friday, email firstname.lastname@example.org and we will do our best to accommodate your request. Any cancelled order will be promptly refunded. Any changes to you automatically recurring order must be received no later than two days before an order is processed.
- Subscription Cancellations
Any subscription cancellations need to be submitted prior to 5pm ET at least two days before the current recurring period to avoid incurring a charge for the upcoming subscription period. Charges are automatically processed on the first day of each subscription period. You may cancel your subscription by logging on to your account at www.freethevs.com, emailing us at email@example.com, or calling Customer Care at (888) 788-0040. We may, in our discretion, elect to cancel any order or subscription at any time. Any subscription cancelled by us will be refunded to the extent payment has already been processed.
- Returns & Exchanges
Except for defective or damaged merchandise (discussed in 3(d) below), items purchased through this subscription service cannot be returned or exchanged. All sales are final.
- Defective or Damaged Merchandise
In the event that we processed your order incorrectly, or that you received a defective or damaged item, please (i) call Customer Care at (888) 788-0040 between 8:30 am – 5:00 pm ET Monday through Friday, or (ii) email Customer Care at firstname.lastname@example.org, and we will provide a full refund and/or replace the item. On some occasions, we will require defective or damaged items to be returned.
- Price and Payment
All prices shown on the Site are in U.S. Dollars and are exclusive of applicable sales tax. Sales tax will be applied to all orders shipped to AL, AZ, AR, CA, CO, CT, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY, and is calculated based on the shipping address on your order.
We allow you to use discount codes on the Site strictly in accordance with the terms and conditions upon which they were issued. We reserve the right to reject or cancel any order that does not comply with such terms and conditions. In the event of any inconsistency between the discount code terms and conditions and these Terms of Sale, the discount code terms and conditions shall prevail.
From time to time we will offer various promotions that can be applied to your order using a promotional code, which we will provide to you. You will enter the applicable promotion code in the space provided during the checkout process, before you submit your order. The value of the promotion will be applied to your order (but may not be displayed as a separate line item).
While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer, and cannot be combined with other offers. Promotional shipping offers will apply to orders that meet the particular promotional guidelines, such as the applicable merchandise total (before tax and shipping/handling charges are applied) and the requirement that the order be shipped to a single address. Generally, shipping promotions will only apply to standard shipping, unless otherwise noted.
Some offers will not have an associated promotional code – they can simply be added to your shopping cart, and the promotion will be applied, as long as you have met the other offer requirements.
If you have any questions about a promotion, or whether your order qualifies, feel free to (i) call Customer Care at (888) 788-0040 between 8:30 am – 5:00 pm ET Monday through Friday.
- Arbitration Agreement
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF IN COURT.
The arbitration will take place in a location determined by the arbitrator (provided that such location is reasonably convenient for you), or a different location as may be mutually agreed upon by the parties. The arbitration will be conducted under the rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you, as claimant, demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Skinsei shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to the arbitration will have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
Your right to reject: If you do not want this arbitration provision to apply, you may reject it by mailing or emailing a written rejection notice which describes this arbitration provision, includes your name, address, phone number, product names, and date of receipt of the products, and tells us that you are rejecting this arbitration provision to: Unilever, Attn: Legal Department, 700 Sylvan Avenue, Englewood Cliffs, NJ 07632. If you reject this arbitration provision, that does not affect any other provision of these terms or your ability to use the Service. If you do not reject this arbitration provision, it will be effective as of the date of purchase.
- General Terms
These Terms of Sale and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction. The paragraph headings in these Terms of Sale are for convenience and have no legal or binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Sale will not constitute a waiver of such right or provision. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction finds any provision of these Terms of Sale, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Sale will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Promoter and data controller: Unilever USA, 800 Sylvan Ave, Englewood Cliffs, NJ 07632.
Distributed by Seventh Generation 60 Lake Street, Burlington, VT 05401