Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Upaya Naturals is a division of 2083522 Ontario Inc.

Health Disclaimer Notice
2083522 Ontario Inc., operating as Upaya Naturals, recommends that you consult with a healthcare professional prior to taking any nutritional supplements or discontinuing/changing your use of any medications. For any suspected or known illness or health concern always consult with a physician or healthcare provider prior to the purchase or use of any health related product. The products offered by Upaya Naturals in our store and online are not offered as a treatment or cure for any medical conditions, but only as nutritional support for various health concerns. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information on this website is often provided in summary or aggregate form, and may not be construed as medical advice or instruction. Product information and ingredients may change without notice and information provided on this website may not be exactly as shown on the label. If detailed product information is required, please contact the appropriate manufacturer for updates. We do not guarantee that products are allergen free. All information and product descriptions on this website are provided for educational purposes only. No action should be taken solely on the content of this website, regardless of perceived scientific merit. Users should consult their health care professionals on any matter related to their health.
Information contained within this site, from Upaya Naturals and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. Upaya Naturals is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is Upaya Naturals responsible for any problems or difficulties which may arise through consumer use of products sold by Upaya Naturals. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.


Shipping

Your shipping rates are displayed in your shopping cart and at the time of check-out . You may choose the appropriate option and rate that applies to you. If your order qualifies for free shipping, then you will see a delivery option at check out 'FREE SHIPPING' along with a list of other ship methods/prices. You are responsible to choose the FREE SHIPPING option at check out. If you would like free shipping and the option is there, then choose it. If you choose a different ship method with an associated cost, that amount will be added to your invoice and charged. Free shipping is only applicable to retail orders.
If you would like the "Pickup"option, please read the Pick-Up orders sections (links at bottom of page) for pick-up times and details before ordering. Times may change so please refer to this section for details.

Items that qualify towards free shipping will have the free shipping logo Image. Free shipping items are sent via Canada Post Expedited Service. If you would like a faster service, pick which method you would like and once we have manually calculated the difference in shipping to upgrade the delivery service, we will contact you with the additional amount. As with all orders, you will be sent a tracking number from Upaya Naturals and Canada Post (if applicable) once your order has shipped.

**If a free shipping item is added to the shopping cart along with other items that do not qualify towards free shipping, shipping charges will be applied to the extra item(s).**

Canadian orders are shipped from our warehouse in Barrie, Ontario, Canada usually by the next business day from the time of verified successful payment. Canadian residents should receive orders within 10 business days (usually within 5).

US orders are most often sent via Canada Post/USPS from our warehouse in Barrie, Ontario, Canada usually within 1-2 business days of verified successful payment. Delivery times will depend on the specific order, method of shipping, and location. Please contact us if you have questions about shipping for any order.

Shipping for all other international orders will be handled on case-by-case basis. International orders, including shipments to the USA, may be subject to import duties and/or taxes upon reaching the destination country. Any additional charges are the responsibility of the addressee as Upaya Naturals has no control over any foreign duty or additional taxes charged. Also, with regards to Customs, many of the food products offered by Upaya Naturals require substantial processing in order to get clearance into other countries (particularly the United States, requiring clearance from the FDA or US Customs). In some cases we will not be able to process these types of food item sales outside of Canada. Please note that order shipments returned to Upaya Naturals due to incomplete/incorrect postal information, failure to pay import taxes or custom duties, or refused entry by customs may be subject to a 20% restocking fee and all shipping costs including return.

Heavy Items/Remote Areas
Some items/orders are particularly heavy or large. Therefore, shipping & handling rates cannot be honored for these items. In these cases (such as heavy orders, liquids, appliances, bulk foods, etc) Upaya Naturals will contact you with shipping cost options at which point you can choose the method that suits your needs, prior to processing the order.
If your order is being shipped to a particularly remote location (the Canadian North for example), you may also be contacted with shipping information prior to order processing. Upaya Naturals may not be able to honour rates to Northern/remote locations. These shipping policies are to ensure that we can find the most economical method to ship orders for both Upaya Naturals and our customers.

You will receive a tracking number via email once your order is shipped so that you may track your package online at www.canadapost.ca or by calling Canada Post directly.
Items that are returned to Upaya Naturals due to the wrong address being entered by the customer or due the customer refusing the items or not picking them up from the Postal Outlet when carded, will incur additional shipping charges and restocking/processing fees.

Damaged Items
If an item is damaged due to shipping, is incorrect or missing, you must report this at the time of receipt to Upaya Naturals. Please keep the packaging and item in case they are required for processing a claim. Photos may be required as well to process damaged shipments. Upaya Naturals will not be held responsible for any items that have not been reported within 7 days of receipt of your order from Canada Post, other couriers, or from either of our pick-up locations.
If equipment is defective or needs repair and is covered by a Manufacturer's Warranty, please contact the manufacturer immediately.


Cold Weather Shipping Disclaimer
A note about Kelp Noodles and some glass liquids such as but not limited to: Toothsoap or Isun Skincare as well as glass bottles/tinctures that contain liquids. Due to the cold weather, and sub-zero temperatures that dip even lower overnight, there is the possibility that the items will freeze. The kelp noodles are unusable when frozen. The liquids in these glass containers are feezing and cracking the glass bottles or glass droppers inside the bottle, especially to areas where delivery time is more than 1 days and/or the location is experiencing very cold temperatures. Although the insulated containers do help, it does not necessarily guarantee that the items will not be damaged from the cold temperatures. If you know you live in a very cold part of Canada - do not take the chance of ordering these products (especially during a free shipping offer that has regular service). Choosing a faster service like Xpresspost or Priority paired with the Insulated container is usually sufficient, but not for all parts of Canada (that are more than a few days delivery or have extremely cold temperatures). This is at your own risk, and we advise to wait until the temperatures warm up for these products. If you insist on proceeding, we will need your confirmation that you understand that you are responsible if the items crack from freezing or if for the Kelp Noodles arrive frozen and/or unusable. *** Any claims for refunds/credits due to spoilage or change in consistency, taste, appearance, leakage or usability, will be null and void. We do all that we can to help prevent this but we cannot control Mother Nature. If you are unsure, check your local weather or location, or ask us. We can only estimate and cannot offer guarantees.


Warm Weather Shipping Disclaimer

During warmer weather months, please note that certain heat sensitive products like chocolates, salad dressings, cheese dips, fermented items and certain tortilla style wraps that require refrigeration may melt or spoil during transit. Insulated containers (with ice packs included) can be purchased to help keep products colder during shipping. They can be purchased by clicking on the "Insulated Containers" link on the left menu of our website. Please email us or call if you have questions regarding the container sizes. Depending upon the temperatures, this is often sufficient however not guaranteed to avoid spoilage. Choosing a faster shipping method like Xpresspost or Priority is also helpful especially in locations with transit times beyond 3 business days (ie. BC, AB, SK, NL, NS), but is also not guaranteed to avoid spoilage.

If you are in the local Barrie or Toronto area, we recommend to choose the pick up option as the products remain in refrigeration until pick up, and then bring a cooler and ice packs at time of pick up.

Please note: for optimal freshness, we do not generally recommend to ship heat sensitive items during warmer weather and by placing your order regardless of shipping container or ship method, it is completely at your own risk. Fermented items like sauerkraut or coconut aminos (soy-free seasoning sauce) can, depending on temperatures during shipping leak. We have no control over this and cannot completely prevent this without exception. Packing materials are usually adjusted during this time depending upon temperatures, to avoid affecting other products in the order. We generally have not had any problems in the past during warmer months, however we cannot make guarantees, therefore *** any claims for refunds/credits due to spoilage or change in consistency, taste, appearance, leakage or usability, will be null and void.

Taxes
Taxes are applicable to shipping rates. HST is charged on shipping for: BC-12%, ON-13%, NL-13%, NS-15%, NB-13% and the remaining provinces 5% GST only. Taxes are applicable for Canadian orders as follows: BC-12%, ON-13%, NL-13%, NS-15%, NB-13% and the remaining provinces 5% GST only.


Exchange Rates & Taxes
All product pricing is listed by default in Canadian funds. If you are an American/International customer, your actual exchange rate will be set by your credit card carrier when they process the charge. We do not charge taxes, however taxes and customs may be charged by the courier, by law, upon delivery according to your state/location.


Payments
We accept the following payments: Visa, Mastercard, American Express, Discover, PayPal, Certified Cheques and Money Orders. Certified Cheques and Money Orders must be negotiable in Canada. Sorry, but we do not accept personal cheques at this time.
Orders from upayanaturals.com are securely sent to our order desk where they are reviewed. Once the order, payment, and S&H have been verified and paid in full, your order will be processed and shipped.

International Orders are payable through Paypal only for our mutual protection. We are unable to verify payment and billing information for international credit cards. If you would like to pay with an international credit card, you can do so via Paypal. Please ensure the correct and complete shipping address is chosen when you completing your payment in paypal. Once you have placed your order, you will be sent an email with shipping options to choose from. An updated invoice will be sent and payment for shipping will then need to be completed for the order to be processed.


Inventory
At Upaya Naturals we try our best to keep our inventory up to date. Reasons may include but are not limited to small yields on crops due to weather, manufacturer backorders or short shipments. In the case that there is an item that is out-of-stock or on back-order you will be notified and will have the option to receive a credit note or refund on that item or wait for the item to be restocked.
If you find an item is out of stock that you are looking for, please go to the product's page, click on the photo to open the page, and then click on the big green 'email me when back in stock' button and enter your email address. Once the item arrives, you will be sent an automated email letting you know.


Refunds/Returns
All sales are final. We accept NO RETURNS and issue NO REFUNDS on products due to several reasons: proper handling and storage, possible tampering, quality, freshness and liability. We have no way of knowing what someone does with the product once it is out of our hands. Therefore we do not accept returns to ensure your safety, and your privilege of getting the freshest and best quality products available.
If you receive the wrong item then please contact us immediately upon delivery and we will further assist you. Please see 'Damaged Items' section above for further information.
If equipment is defective or needs repair and is covered by a Manufacturer's Warranty, please contact the manufacturer immediately.
If you have any issues or concerns regarding a product, please email or contact us by phone.


Manufacturer's Warranty, Promotions, and Guarantees
Some products offered by Upaya Naturals are backed by manufacturer's limited warranties and guarantees. Any and all warranties and guarantees for products purchased from Upaya Naturals are the responsibility of the respective manufacturers. All issues, claims and questions concerning product warranties and guarantees should be directed to the appropriate manufacturers. No other warranty or guarantee of any kind, express or implied is made by Upaya Naturals respecting products offered for sale. Promotional offers and guarantees that are found in any user manuals, online or packaged with the product(s) are held by the manufacturer only. Upaya Naturals does not offer money back guarantees on any products.

Purchasers assume all risk and liability resulting from the use of these products. If you receive a product that is defective, contact the manufacturer right away. Don't forget to register the applicable products with the manufacturer in order to qualify for the warranty.
Allergies, Health Concerns and Product Date Codes
If you have any specific allergies, health concerns or would like to know the best by date regarding a product listed online, please contact us directly for further information. We will do our best to check the current label on the product for more information since the manufacturer may change processes without letting us know and our website may not be current. Some products may be listed as gluten, peanut or nut free online, but the manufacturer may have recenlty changed their processing procedures without informing us. Also many of our products are preservative free so they may have shorter date codes from the manufacturer to insure freshness. Please contact us if you have any questions.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws, and is the property of www.upayanaturals.com. The collective work includes works that are licensed to www.upayanaturals.com. Copyright 2003, www.upayanaturals.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.upayanaturals.com. or purchasing www.upayanaturals.com. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.upayanaturals.com. or to purchase www.upayanaturals.com. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.upayanaturals.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.upayanaturals.com used in the site are trademarks or registered trademarks of www.upayanaturals.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.upayanaturals.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.upayanaturals.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.upayanaturals.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
www.upayanaturals.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.upayanaturals.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a www.upayanaturals.com product is mistakenly listed at an incorrect price, www.upayanaturals.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.upayanaturals.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.upayanaturals.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.upayanaturals.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
www.upayanaturals.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.upayanaturals.com


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario,Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.upayanaturals.com products) shall be in the provincial or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.upayanaturals.com products) must be commenced within one (1) year after the claim or cause of action arises. www.upayanaturals.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.upayanaturals.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.upayanaturals.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
www.upayanaturals.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.upayanaturals.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.upayanaturals.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.upayanaturals.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless www.upayanaturals.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, www.upayanaturals.com may link to sites operated by third parties. However, even if the third party is affiliated with www.upayanaturals.com www.upayanaturals.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.upayanaturals.com These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.upayanaturals.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).