POLICIES

ATTENTION: Due to the nature of our business and our agreement with Wix.com we cannot engage in business with any entity or individual residing in Hawaii, Idaho, Iowa, Mississippi, New Hampshire, or South Dakota.

SHIPPING

Your satisfaction is our goal. Contact us at 847-302-9475 or gerkensorganics@gmail.com with any questions or concerns

  1. All orders ship next day. We ship via USPS (this may change in the future)

  2. Gerken's Organics uses USPS for all orders. USPS shipping days are Mon-Sat. Transit times exclude Sundays and federal holidays.

  3. All orders will be provided a tracking number, which will be included in your order confirmation email.

  4. For all orders over $500,“signature on delivery,” is required, and the shipping and billing addresses must match. This policy helps to protect your purchase, while minimizing the risk of fraud.

  5. If an order was shipped to the wrong address and is being returned to sender, please contact us. We will double check that the address it was shipped to matches the address provided to us. If the address error was our responsibility, we will ship a replacement at no cost to you. Otherwise, we are happy to resend the package once it is returned to us at your cost and discretion.

 

RETURNS

Per our return policy, we will accept any return of products purchased directly from us within 30 days of delivery for any reason. Please first contact Customer Service at gerkensorganics@gmail.com for a return authorization, then send your order back along with a receipt or proof of purchase as per their instruction. After 30 days post-delivery, we can no longer offer a refund or exchange. Partial refunds in certain circumstances may be granted at the sole discretion of the company. Please note, we reserve the right to refuse returns on orders exhibiting fraudulent behavior.

  1. When returning an item, shipping costs will be deducted from the refund total.

  2. For your own protection, please consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee we will receive any returned items, nor that they will arrive in good condition.

  3. Please send all returns to the following address:

    Gerken's Organics
    Attn: Shipping / Returns  
    68591 Racine Rd
    Montrose, CO 81401

  4. Please package the items you are returning carefully in the original packaging or in another secure manner and include the invoice or order slip. Once your return is received and inspected, we will send a return notification email. We will also notify you whether your refund has been approved. If approved, the refund will be processed, and a credit will be automatically applied to the credit card or original method of payment within 30 days.

  5. We cannot accept returns on items that are not purchased directly from Gerken's Organics. For products purchased from a third party (e.g., brick and mortar store or online distributor), please return products with proof of purchase directly to the third party, which will be subject to their return policy.

  6. We will not refund or replace items for products purchased from unauthorized sellers.

 

Note on Efficacy: Everyone’s experience with CBD is a little different, and there is no guaranteed or standard reaction. Some people find a very small amount of CBD to be what they need, while others take much more. CBD is a very personalized supplement and may not be effective for some individuals’ specific goals. It is also important to understand that you will not necessarily feel anything when using CBD (it is non-intoxicating). As these products have not been evaluated by the FDA, we make no claims as to any benefits these products may provide.

ORDER CANCELATIONS

We cannot cancel a USPS order once it has shipped. If you wish to cancel an order that has been shipped, please contact Customer Service at 847-302-9475. They are available for you Monday through Friday, 9am to 5pm MST. You can also email Customer Service at gerkensorganics@gmail.com.

If your order does happen to be delivered after you have contacted us to request a cancellation, Customer Service will email you a pre-paid return label and fully refund you for your order once it is returned to us. We can only refund for expedited shipping if the order was not delivered by the estimated date.

Note: Order cancellations must be requested to Customer Service prior to delivery. Otherwise, your request will be considered a return and follow our standard return policy.

LATE OR MISSING REFUNDS

If you have not received a refund after 30 days, please check your bank account again, then contact your credit card company. It may take some time before your refund is officially posted. If you have done all of this and still have not received are fund, please contact us at gerkensorganics@gmail.com.

EXCHANGES

If you receive an item that is defective or damaged, please contact us within 30 days of delivery by sending us an email at gerkensorganics@gmail.com. We are happy to exchange damaged or defective items for a like item.

Once the exchange has been authorized by Customer Service, please send your items to:

Gerken's Organics
Attn: Shipping / Returns  
68591 Racine Rd 
Montrose, CO 81401

We ship all our products as fast as possible, but depending on the ship-to location, the time it takes for an exchanged product to arrive may vary.

TERMS OF SERVICE-CONSUMER

Overview

1. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GERKEN'S ORGANICS OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Gerken's Organics website (the “Website”). These Terms are subject to change by Gerken's Organics (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through this Website. Your ordering of products or services, or continued use of this Website after the “Last Updated Date,” will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer from time to time promotions on the website that may affect pricing and that are governed by terms and conditions separate from these terms. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.

(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit and debit cards for all purchases via SquareSpace. You represent and warrant that (i) the credit and debit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit and debit card for the purchase, (iii) charges incurred by you will be honored by your credit and debit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. Our use of personal information provided by you is governed by our Privacy Policy.

4. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check our Shipping and Return Policy for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

(b) 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 are not liable for any delays in shipments.

5. Returns and Refunds.

Our return policy is that we will accept any return within 30 days of delivery for any reason. Please check our Shipping and Return Policy for more specific information.

6. Limited Warranty.

(a) We warrant to you that for a period of 30 days from the date of shipment (”Warranty Period”), the products purchased through the Website will materially conform to our published specifications in effect as of the date of shipment.


(b) EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 6, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY CONCERNING ANY HEALTH OR NUTRITIONAL BENEFIT, EFFECT, OR USE; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.


(c) We shall not be liable for a breach of the warranties set forth in this Section 6 unless: (i) you give written notice of the defective products or services, as the case may be, reasonably described, to us within 30 days of the time when the product is delivered; (ii) provide proof of purchase and purchase information; (iii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in this Section to examine such products and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iv) we reasonably verify your claim that the products or services are our products and are defective.


(d) We shall not be liable for a breach of the warranty set forth in this Section if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the products; or (iii) you alter such products without our prior written consent.


(e) With respect to any such products during the Warranty Period, we shall, in our sole discretion, either: (i) replace with substantially similar products that are non-defective or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.


(f) THE REMEDIES SET FORTH IN THIS SECTION 6 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 6.

7. Limitation of Liability.

(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE.

(c) The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

8. Legal Disclaimer.

 

This Website is not intended to provide medical advice, diagnosis or treatment. The information provided on this Website is “as is” and provided for informational purposes only. Gerken's Organics does not make any representations or warranties, express or implied, with respect to the information on this Website in relation to the health or benefits of CBD. Please consult with your physician or healthcare professional regarding any medical or health-related diagnosis or treatment options. If you think you are suffering from a medical condition, please seek medical attention. If you are thinking of making any changes to your diet, nutrition, or lifestyle, please consult with your healthcare provider. Do not use CBD products if you are pregnant or thinking of becoming pregnant.

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. Governing Law and Jurisdiction. This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

11. Dispute Resolution and Binding Arbitration.

(a) YOU AND GERKEN'S ORGANICS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.


(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.


(c) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.


(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.


(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

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

13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gerken's Organics.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

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

(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Gerken's Organics 68591 Racine Rd Montrose, CO 81401 We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

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

17. Entire Agreement. These Terms, our Terms of Use and our Privacy Policy, and our Shipping and Return Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

PRIVACY STATEMENT

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. If you purchase our products and services, we collect billing and payment card information. This information is used to complete the purchase transaction.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through our public message board, this information may be collected and used by others.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Marketing (if applicable): With your permission, we may use your information to let you know about our store, new products and services, discounts and promotions, invitations to participate in customer surveys, and other updates and marketing functions, including via email. You can opt-out of receiving such marketing information at any time (see below). However, if you opt-out, we still may need to communicate with you, including via email, for purposes related to transactions or inquiries, such as order status, returns, payment issues, and the like.

SECTION 2 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card or other payment method, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at gerkensorganics@gmail.com or mailing us at:

Gerken's Organics

68591 Racine Rd

Montrose, CO 81401 

SECTION 3 – USE OF COOKIES AND TRACKING TOOLS

The Gerken's Organics website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Gerken's Organics pages, or register with Lazarus Naturals’ site or services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Lazarus Naturals website, the information you previously provided can be retrieved, so you can easily use any features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our site or services.

Gerken's Organics uses third-party vendor marketing tracking tools, including the Facebook pixel and the Google Adwords tracking cookie, to serve ads about our products, services, and company. These ads may appear on Facebook, Google products, and other internet sites. These third-party vendors use cookies, web beacons, and similar technologies to tailor ads based on your past visits to and actions on our website, and elsewhere online, and to measure ad conversion.

To opt-out of the collection and use of information for such ad targeting on Facebook, please visit www.aboutads.info/choices. To opt-out of Google’s use of cookies, please visit Google’s Ads Settings. You can also opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

SECTION 4 – DISCLOSURE

We may disclose your personal information, without notice, if we are required by law to do so or in the good faith belief that such disclosure is necessary: (a) to conform to legal requirements or comply with legal process served on us; (b) protect and defend the rights or property of Gerken's Organics, such as if you violate our Terms of Service, and we initiate legal proceedings or contact legal authorities; or (c) when reasonably necessary to protect the personal safety of our users, customers, or the public.

SECTION 5 – THIRD-PARTY SERVICES

We do not sell or share your information to third parties to market third party products or services. Any use of your data is either for the purposes of your transactions with us, or marketing Gerken's Organics products and services based on your consent. However, we do use third-party providers of various services in the conduct of our business, including e-commerce and order fulfillment, online functions and features, marketing, newsletters, and other matters.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

LINKS

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 7 – AGE OF CONSENT

By using this site, 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.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at gerkensorganics@gmail.com or by mail at:

 

Gerken's Organics 
Re: Privacy Compliance Officer
68591 Racine Rd
Montrose, CO 81401

Subscribe Form

WARNING: CBD interacts with Cytochrome P450 enzymes and potentially fatal interactions are possible. 

FDA Disclosure: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Disclaimer: This website is not intended to provide medical information and does not claim to cure or treat any disease. Always speak to your doctor about health concerns.

©2020 by Gerken's Organics