Updated December 1, 2023

INTRODUCTION

This website (the “Site”) is owned and operated by 7 Terra, Inc. (“7 Terra”, “we”, “us”, “our”). Your access to and use of this Site is governed by the following Terms of Use (including all other terms incorporated by reference herein, the “Terms of Use”).

By accessing or using the Site, including but not limited to making a purchase on the Site, or creating an account on the Site, or leaving a product review, or engaging in the referral program (“Refer-a-Friend-Program”), you expressly agree to be bound by these Terms of Use and to abide to these Terms of Use. These Terms of Use permit you to use the Site for your personal, non-commercial use only.

We may update the Terms of Use from time to time without prior notice to you. If we make changes, we will notify you by revising the date at the top of the page. Your continued use of the Site after we post any changes to the Terms of Use constitutes your acceptance of the changes.

All information, including all graphics, photographs, text, videos, software and all other materials on this website is our property or the property of licensors. You do not, by using this website, acquire any ownership interest or rights to any content on this website.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with 7 Terra.

If you do not agree to these Terms of Use in their entirety, please leave the Site.

ACCURACY, ERRORS, AND INACCURACIES

We strive to provide complete and accurate information on the Site. Unfortunately, however, we are not able to ensure and do not represent and warrant that the Site is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, omissions, and outdated information – some of which may relate to pricing and availability of products and services. We reserve the right (but are not obligated) to correct any errors, omissions, or inaccuracies and to change or update information at any time without prior notice and without liability to you.

Please be aware that your computer settings may affect the display of products, and particularly colors. Feel free to contact customer support if you have questions about our products. 

We do not warrant that product descriptions or other content on this website is accurate, complete, reliable, current, or error-free. Your sole remedy for the purchase of any product from this website is to return it per the conditions set forth in our Returns Policy.

Although we have tried to accurately display the colors of products, the actual colors of items displayed may depend on your monitor and may not be accurate. 7 Terra does not and cannot guarantee that your monitor’s display of color will be accurate. Merchandise availability on our websites is not guaranteed as it may be low in stock. The website may contain typographical errors or inaccuracies and may not be complete or current. Errors will be corrected when discovered. 7 Terra reserves the right to correct, update or change the information at any time without further notice.

All descriptions, images, content, specifications, products, and prices described or depicted are subject to change at any time without notice. Certain measurements, weights and other descriptions may be approximate and are provided as a convenience only.

ACCOUNT REGISTRATION

We welcome our clients aged 18 years of age or older to register for an account. By registering you will enjoy exclusive communications about new products, store openings, special offers and sample sales; expedited check out; storage of contact and payment information for future use; and access to your transactional history. Registered clients must enter their name, email address and a password. When you log into your account, you are agreeing to use the Site in a manner consistent with these Terms of Use. Take care to protect your password: you are solely responsible for any activity conducted on the Site (including, without limitation, the placement of orders) using your email address and password. Please notify us immediately if you believe your account has been compromised.

We reserve the right to refuse or cancel any account registration or prohibit any person from using the Site for any reason whatsoever.

OWNERSHIP OF SITE / COPYRIGHTS AND TRADEMARKS

The Site and all content contained herein (including, without limitation, photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress, the layout and arrangement of the Site and software and code used to design and develop the Site) are protected by copyrights, trademarks, patents, intellectual property rights and other applicable laws, and are the exclusive property of 7 Terra, Inc. (“7 Terra”) and/or its subsidiaries, affiliates, licensors or third party content providers.  The names and marks 7 Terra, 7 Terra, Inc., and all other marks depicted on the Site, whether registered or unregistered, are trademarks or service marks of 7 Terra and/or its subsidiaries, affiliates, licensors or third party content providers.  Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, which we may withhold in our sole and absolute discretion.

7 Terra reserves all rights not expressly granted in and to the Site and its content.

USE OF SITE

You agree to use the Site and the services only for their intended purposes (such as purchasing products or providing information to us in accordance with these Terms of Use and all applicable laws). You may copy, electronically download, or print hard copies of pages from the Site solely for personal, noncommercial purposes related to placing an order or shopping with 7Terra.com. When copying, downloading or printing content for your personal, noncommercial use, be advised that (i) you do not obtain any right, title or interest in the content; (ii) you agree not to alter or delete any copyright, trademark or other intellectual property right notice that appears on the content; (iii) you agree not to modify, alter or create derivative works from the content; (iv) we do not represent or warrant that such use will not infringe the rights of any third parties not affiliated with us; and (v) we may revoke your ability to use the content in any fashion at any time in our sole discretion. 

Any other use of the Site, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing, or transmitting the Site or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited. Your use of the Site may not disrupt the operation of the Site or our business or result in unauthorized access to the Site, our network or data belonging to us or a third party. We reserve the right to terminate, limit or restrict your access to and use of the Site at any time without notice. You will remain liable for any orders or charges made or incurred by you prior to any such termination. 

CONTENT YOU SUBMIT

You are responsible for any content you may submit via the Site and certify that you own or have the authorization to use such material and that such material is accurate and appropriate. Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and you hereby grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive and sublicensable license to use, display, exhibit, distribute, reproduce, develop, market, broadcast, perform, transfer or otherwise exploit such content, and create derivative works therefrom, in any medium now known or later created.

You may not misrepresent yourself or the origin of any content you submit via the Site by, for example, providing false names, contact information or other personal identifying information. You may not upload to, distribute or otherwise publish via the Site any content that (i) is false, misleading, fraudulent, libelous, defamatory, unethical, obscene, indecent, offensive, threatening or otherwise illegal or inappropriate; (ii) violates the intellectual property, privacy or other right of another; (iii) constitutes a commercial, political or personal solicitation; or (iv) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code). You agree to indemnify and hold us, our officers, directors, employees, and affiliates harmless from any damages, claims or causes of action arising from or related to your violation of the foregoing. We may remove any content you submit at any time for any reason.

All personal information submitted to the Site will be handled in accordance with our Privacy Policy.  We collect the personal data provided by you in ordering, responding to a survey, or other forms, or by email, including but not limited to your name, address, phone number or email address, the items you purchase, method of payment and payment information, billing and shipping address and contact information. We will use personally identifiable information provided to fulfill the purpose for which such information was provided, as described in our Privacy Policy, and as disclosed at the time the visitor information is requested. Please review our Privacy Policy for more information. This website is not intended for children under thirteen years of age.

ORDERS, PRICING, TAXES AND DUTIES

Nothing contained on the Site shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. We will issue a credit to your original form of payment if you were previously charged. If a product is listed at an incorrect price, we may refuse or cancel orders placed for such product, in accordance with applicable law, and will issue a credit to your original form of payment if you were previously charged. You may not purchase our products with the intent of engaging in commercial resale activities. 

All products purchased from or via this website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, us. Except as otherwise set forth herein, the risk of loss for and title to merchandise purchased on the website passes to you upon delivery to the carrier. Once we have delivered the merchandise to the carrier. It is your responsibility to file any claim(s) with the carrier for damaged and/or lost shipments.

Check any pricing offers and disclaimers carefully. Sometimes only specific colors or sizes are offered at reduced prices. Please note that there are certain items where discounts do not apply.

You will be charged sales tax as required by law. Any purchases by customers in California will include sales tax prevailing rate for that county and/or city.

Canada customers may be charged for import duty as required by law. Duties are calculated and displayed at checkout and are estimates only. Additional import duties and taxes may be due upon delivery depending on your delivery location. We are not responsible for any additional duties and taxes due upon delivery.

Please be advised that different assortments of merchandise may be found on the Site and/or in any retail or department stores. 

SHIPMENT AND DELIVERY

We will arrange for shipment of the products to you. Please check our Shipping Policy for delivery options.  You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We shall not be liable for any delays in shipments.

THIRD PARTY SITES

For your convenience and information, the Site may, from time to time, contain links to other sites operated by companies or entities that are not affiliated with 7 Terra. These third party sites may have different terms of use and privacy policies, which you should review if you access the sites from 7Terra.com. We do not monitor or endorse these third party sites and are not responsible for the content or practices of any sites that are not affiliated with 7 Terra.

REFER A FRIEND PROGRAM

We offer a Refer a Friend Program (“Refer a Friend Program”) where you (“Referrer”) can refer another individual customer (“Referred Customer”) to our Site in exchange for predefined benefits. By using our Refer a Friend Program you must conform to the Refer a Friend Program terms and conditions stated below:

A qualified referral (“Qualified Referral”) is defined as a purchase made at our Site by a Referred Customer who arrives to our Site by clicking your Refer a Friend Program link provided to them. The Refer a Friend Program is limited to one Qualified Referral for each Referred Customer. Additional purchases made by a Referred Customer are not counted as additional Qualified Referrals. The Referred Customer and the Referrer can not be the same person. 

After you sign up, you (Referrer) will receive a unique 15% off coupon code (which expires 30 days after issue to you) to share with your friend (Referred Customer).  Once your friend makes a purchase , 40 days later you will receive a 15% off coupon code for your own use.  The coupon you receive as the referrer will also expire 30 days after it is issued to you.  

The referral reward (“Referral Reward”) is defined when you sign up.  For you to earn a Referral Reward as a Referrer, the Referred Customer must complete an order greater than $58 in total value, minus all fees including taxes, duties, discounts, shipping, returns, chargebacks, fraudulent payments, and other third party fees.  As a Referrer, you are responsible for any and all tax liability resulting from such Referral Rewards.

Eligibility is limited to individuals only.  Our Refer a Friend Program cannot be used by businesses for affiliate-lead generation as determined by our sole discretion.

You must comply with all up to date “SPAM” laws.  Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for termination of your use of our Refer a Friend Program.

The Refer a Friend Program is administered, managed, maintained, owned, and controlled in 7 Terra’s sole discretion. 7 Terra reserves the right to change, alter, adjust, cancel and/or conclude the Refer a Friend Program and/or the Refer a Friend terms and conditions at any time in 7 Terra’s sole discretion.  If the Refer a Friend Program is altered in any manner, then any pending and/or unclaimed rewards may and will be deemed immediately forfeited.

MOBILE TERMS OF SERVICE

The 7 TERRA mobile message service (the "Service") is operated by 7 TERRA, Inc. (“7 Terra”, “we”, or “us”, our”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to 7 TERRA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of 7 TERRA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 7 TERRA. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18552467212 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other 7 TERRA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email support@7terra.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

DISCLAIMERS

BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE, ITS CONTENT AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH IT, ARE PROVIDED "AS IS" WITH ANY AND ALL FAULTS, AND 7 TERRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR NONINFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR COMMUNICATION WITH US.  THE INTERNET IS AN UNPREDICTABLE MEDIUM AND PROBLEMS FREQUENTLY OCCUR.  7 TERRA DOES NOT WARRANT THAT THE SITE’S OPERATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERROR.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR EQUIPMENT, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE, INCLUDING THE DOWNLOAD OF MATERIALS FROM THE SITE.   THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE, AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET.  YOU ACKNOWLEDGE AND AGREE THAT 7 TERRA AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND YOUR USE OF THE SITE, YOUR USE OF A SITE LINKED TO FROM THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE (EXCEPT AS PROVIDED IN OUR RETURN POLICY), THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE,  WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.  THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION.  YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 7 TERRA, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITIATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless 7 Terra, our officers, directors, employees and affiliates from and against any and all damages, claims or causes of action, including attorneys' fees and costs, arising from or related to your use of the Site, or your violation of any of these Terms of Use, any law or the rights of any third party.

APPLICABLE LAW AND FORUM SELECTION

You agree that the laws of the State of California (and not any other law, including the United Nations Convention on Contracts for the International Sale of Goods) will govern these Terms of Use, your use of the Site, and any dispute of any sort that might arise between you and 7 Terra, our officers, directors, employees and affiliates, without regard to principles of conflict of law.  For the purpose of any action, suit or proceeding arising out of or relating to these Terms of Use, your use of the Site or any transaction with us, or for recognition or enforcement of any judgment, venue shall lie exclusively in any federal or state court within the County of Orange in the State of California having subject matter jurisdiction.  You agree and consent to personal jurisdiction in any federal or state court within the County of Orange in the State of California.  You agree that any claim or cause of action you may have with respect to 7 Terra, our officers, directors, employees and affiliates or the Site must be commenced within one (1) year after the claim or cause of action arose. 

MISCELLANEOUS

Entire Agreement

These Terms of Use contain the entire agreement between you and 7 Terra concerning the subject matter hereof, and supersede all prior or contemporaneous communications or agreements, written or verbal, between us.  No modifications of these terms or waiver of these terms will be binding upon us, unless approved in writing by 7 Terra.

No Waiver

You agree that no failure or delay by us in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. 

Severability

If any portion of these Terms of Use is held to be invalid or unenforceable, the remainder of the terms and the applicability of such term to other persons or circumstances shall not be affected thereby.  Subject to the foregoing, each of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.

Consent to Electronic Notice

By using this website, you are consenting to receive communications from us electronically, either by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this website, about any of our products or services, or for such other purposes as we deem appropriate.

We may revise these Terms and Conditions at any time and from time to time by updating this posting. If you do not agree to any of these terms or any future terms, do not use this website.  These terms and conditions contain the entire agreement between you and us with respect to this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this website.

Contact Us

If you have any questions or requests relating to these Terms of Use, please contact us at:

7 Terra, Inc.
65 Enterprise
Suite 400 PMB 127
Aliso Viejo, CA 92656