Terms of Sale

PLEASE READ THESE TERMS OF SALE (“SALES TERMS”), WHICH INCLUDE BY REFERENCE OUR WEBSITE TERMS OF SERVICE at https://www.kachava.com/terms-of-service (“WEBSITE TERMS”), REFUND POLICY https://www.kachava.com/refund-policy (“REFUND POLICY”), AND PRIVACY POLICY https://www.kachava.com/privacy-policy.

PLEASE NOTE THAT WEBSITE TERMS INCLUDE VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS AND AN ARBITRATION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THESE SALES TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TRIBAL NUTRITION, LLC d/b/a/ KA’CHAVA (“KA’CHAVA”, “we”, “us”).

Welcome to Ka’Chava’s online store! We urge you to carefully review these Sales Terms as they contain and incorporate the legal terms and conditions that govern your online ordering and purchase of products from us.

I. INTRODUCTION.

These Sales Terms, together with our Website Terms, Refund Policy, andPrivacy Policy, form the agreement that governs your ordering and purchase of products from www.kachava.com or the mobile version there of (each or collectively, the “Site”). We may, in our sole discretion and at any time, modify, suspend or discontinue some of all parts of the Sales Terms and/or the Site contents. Your use of theSite and/or placing an order for one or more products on the Site constitutes your acceptance of this legally binding agreement with Ka’Chava and agreement to comply with the Sales Terms. You agree that it is your responsibility to monitor changes to our Site. Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your use of the Shopify platform is subject to the additional terms applicable to such platform (see Section 6 of our Terms ofService).

II. ORDERING.

You agree that your order is an offer to buy the products listed in your order under these Sales Terms. All orders must be accepted by us in order to become a binding obligation to sell you products, and we may choose not to accept any orders in our sole discretion.

After receiving your order, we will send you a confirmation email at the email address you provided to us for your order with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your confirmation email.

When your order ships, we’ll e-mail you confirmation with tracking information for your order. Order fulfillment is subject to product availability. The inclusion of a product on our Site does not mean that such product is or will be available for purchase through ourSite or through any retail or wholesale distributor.

III. SHIPPING ADDRESS.

We currently ship to commercial and residential addresses, and P.O.boxes in the 48 contiguous states of the United States, and Alaska andHawaii. Priority and Expedited shipping methods are not available forP.O. boxes, and to residents of Alaska and Hawaii. We do not currently ship to APO/FPO/DPO addresses, international locations, United States territories and protectorates. Shipping charges may vary based on whether you are purchasing a product as a one-time purchase or on a subscription basis.

IV. RETURNS AND REFUNDS.

We want our customers to be happy with our products. If you are not satisfied with your purchase, please follow the instructions in ourRefund Policy (available at https://support.kachava.com/hc/en-us/articles/204678165-Our-Love-It-Guarantee-) within 30 days of your receipt of the product to request a refund.Please note that in no event will we be responsible for more than the price you paid for the applicable products, plus any applicable shipping costs. Please have your order number available when you contact us to help expedite your request.

V. PAYMENT METHODS.

Our Site currently accepts credit cards issued by Visa, MasterCard,Discover, and American Express. We also accept PayPal, Apple Pay,Google Pay, and ShopPay. Your credit card is charged when your order ships. If the credit card issuer does not authorize payment to us for any reason, we are not liable for any delay or non-delivery of your order. You represent and warrant that you have the legal right to use any payment method you provide in connection with your order. By submitting your payment information, you authorize us, and any third party collecting this information on our behalf, to provide your information to third parties to facilitate your requested transaction.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

VI. CANCELLATIONS.

We cannot guarantee requests for changes or cancellations once you submit your order on the Site, because we try to prioritize promptly processing and shipping your order. Please contact support@kachava.com for assistance if you want to request cancellation or changes to your order.

VII. DISCOUNTS AND PROMOTIONS.

From time to time we may share information about our product promotions, sales or discount code offers. We will typically share these updates on our website, through our social media accounts and, subject to our Privacy Policy, via e-mail to individuals we think would be interested in knowing about them. We may also offer subscriptions as a means to order our products. Any subscription offered on the Site, and any purchases made pursuant to any subscription, are also subject to our Subscription Terms & Conditions.

VIII. PRICES.

Prices for our products are subject to change without notice, however, price changes made after a submitted order will not apply to that order. The product prices on the Site are in U.S. dollars and exclude sales tax, if applicable.

The amount of tax charged on your order will depend on the item purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on state and local laws. If this applies to your order, the final confirmation page will display any applicable sales tax charged. The sales tax actually charged will be calculated when your order is shipped and will reflect applicable state and local taxes. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can includes hipping and handling fees.

We will attempt to collect applicable taxes where we’ve determined we have a duty to. We are not required to, and do not, collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes. It’s understood that you are ultimately responsible for any use, ad valorem, and other applicable taxes and fees related to your purchase.

IX. AUTO-RENEWAL PROGRAMS

If you are purchasing our services or products and enrolling in one of our auto-renewal programs in which you have requested that we automatically provide services or products to you at regularly scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled. When you place your first order and enroll in the Program, you will have the opportunity to select an interval for the timing of each order. However, you may change the interval at any time, and you may opt to skip orders. We will email you in advance of shipping each order to remind you that we will be charging your payment method. If you sign up for the Program on theSite in connection with your purchases, the manner of payment you provide, including but not limited to a payment card, will be automatically charged for the purchase price of the products, plus applicable tax, shipping, and handling charges. You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code). Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. You must promptly notify Ka’chava if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss). You may make changes to your account in the customer portal or by calling Ka’chava via telephone, via Chat Support on the Site, or by emailing us at support@kachava.com. If you sign up for the Program, you will be charged regularly and automatically for, and delivered, the selected products until you cancel your participation in the Program. By participating in theProgram, you agree that we may send you additional regularly scheduled shipments and charge you for the product(s), applicable taxes, and shipping and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU. These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program or update thereafter. You agree that we will not be responsible in any manner for any overdraft charges, interest charges late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on your payment card or alternative payment method.

THE AUTO-RENEWAL PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT. IFYOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM AND DISCONTINUE SHIPMENT OF FUTURE SERVICES OR PRODUCTS, YOU MAY DO SO BY LOGGING IN TO YOUR ACCOUNT IN THE CUSTOMER PORTAL AND SELECTING “MANAGE SUBSCRIPTIONS” OR BY EMAILING KA’CHAVA AT support@kachava.com. OR BY CALLING KA’CHAVA VIA TELEPHONE OR VIA CHAT SUPPORT ON THE SITE.

If you cancel your subscription after we have shipped your order, you may return it according to our return policy in the section above. We may, in our sole discretion, terminate your participation in theProgram at any time without notice to you. We reserve the right to refuse or discontinue the automatic provision of services or products to anyone or any account at any time in our sole discretion.

X. PRICE OR DESCRIPTION ERRORS.

We have made every effort to display as accurately as possible the colors and images of our products that are offered through the store.We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products are subject to change at anytime without notice, at our sole discretion. We endeavor top resent all information on the Site accurately, however, we do not warrant or guarantee accuracy, and we are not responsible if product descriptions, specifications, or pricing on our Site is not complete, accurate, reliable, current or error-free. If you become aware of an error, please call it to our attention by emailing support@kachava.com. We reserve the right to cancel any orders arising from such errors.

XI. RISK OF LOSS.

You are solely responsible for providing us with a correct, safe shipping address accessible by common carriers during the Site order checkout process. You hereby release us from any and all liability if the delivery address provided to the Site is incorrect or if you fail to collect the order shipment from the delivery address provided to the Site. Title to, and the risk of loss of, the product(s) ordered transfers to you upon delivery to the delivery address provided to the Site.

XII. RESERVED RIGHTS.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order including without limitation orders placed under the same customer account, credit card or using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by email or billing contact information provided when the order was made. We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You may not resell or otherwise provide (via samples or otherwise) any products purchased from us to any third-party without our express written consent in advance.

Certain products may be available exclusively online through the Site.These products may have limited quantities and are subject to return or exchange only according to our Refund Policy. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time. Any offer for sale of any product made on the Site is void where prohibited. We may exercise any of the foregoing rights on a case-by-case basis.

XIII. NOTICE TO CALIFORNIA CUSTOMERS.

Under California Civil Code Section 1789.3, California users may beentitled to the following consumer rights notice: If you have aquestion or comment about our online shop, you may contact us usingour “Contact Us” form. You also may contact us by writing to: 8275 South EasternAvenue, Suite #815, Las Vegas, Nevada 89123; or by calling us at1-855-668-7574. California residents may reach the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs by mail at 1625 North Market Blvd.,Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210.

Questions or comments regarding these Terms of Sale or our products should be sent to us at support@kachava.com.