Terms and Conditions

Description of Goods Offered

Weaver’s Orchard’s online store sells products from our farm market. These may include but are not limited to: produce, baskets containing an assortment of fruit, cookbooks, apple cider, jarred goods (applesauce, apple butter, honey, etc.) and other items sold in our farm market as applicable.

Contact Information

Weaver’s Orchard Inc.
40 Fruit Lane
Morgantown, PA 19543
USA
610-856-7300 (Phone Number for Farm Market & Customer Service Inquiries)
610-856-1290 (Fax)
office@weaversorchard.com

Our farm market is open Monday-Saturday year-round. Click here for current hours.

Currency & Sales Tax Information

All transactions will be charged in United States dollars. Pennsylvania sales tax will be charged where applicable. Weaver’s Orchard is incorporated in the United States of America.

Shipping Information

Shipping is available on applicable products within the contiguous United States with a few exceptions. See below.

Fruit Baskets

Fruit baskets cannot be shipped. Fruit baskets 10-25 can be ordered online and picked up in our farm market. Fruit baskets 30-100 can be picked up in our market or delivered within a 15-mile radius. Custom gift baskets are also available for delivery if the value of the basket is over $30.00.

Apple Gift Boxes

Apple gift boxes will be shipped via UPS according to the shipping speed selected at checkout. California and Arizona do not allow us to ship produce to addresses in those states. If ground shipping is selected, then generally apple gift boxes are mailed on a Monday or Tuesday to ensure that they arrive before the weekend.

Cookbooks & Jarred Goods

Cookbooks and jarred goods can be shipped within the continental United States  via UPS or picked up in our farm market.

Shipping Multiple Items

Since not every shipping method is available for every product, set the shipping address per product at checkout and shipping options for that product will appear.

Return Policy

If you are not completely satisfied with your order, we will refund 100% of the product cost of unopened, non-perishable items within 30 days. Return shipping costs will be payed by the consumer and will not be reimbursed. Returns for unopened, non-perishable items can also be made at our farm market within 30 days of purchase.

Damaged Items

We make every attempt to package your order to avoid damage; however, when shipping glass products via a parcel service, damage can occur. If you receive any product that has been damaged in shipping, please notify us immediately and we will replace the damaged product. DO NOT consume any product if a glass jar is broken or cracked – rather, discard it.

Security

SSL with 128/256 bit encryption.

Website Host Contact Information

www.WeaversOrchard.com is hosted through Anchor Hosting.

342 N Queen St, Warehouse D
Lancaster, PA 17603

(717) 715-0357

Terms & Conditions

In General

Weaver’s Orchard Inc. (www.weaversorchard.com) owns and operate this Website.  This document governs your relationship with Weaver’s Orchard Inc. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites, which are not operated by Weaver’s Orchard Inc.Weaver’s Orchard Inc has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found www.WeaversOrchard.com/Privacy-Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Weaver’s Orchard Inc. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Weaver’s Orchard Inc or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Weaver’s Orchard Inc and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Weaver’s Orchard Inc. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Weaver’s Orchard Inc. retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Weaver’s Orchard Inc. or may in some cases be a third party. Where a contract is made with a third party Weaver’s Orchard Inc. is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

We will not bill your account until your order is picked up/shipped. If you placed an order that was submitted but not accepted, canceled, or is still processing, you may still see a pending charge on your method of payment. This is a temporary authorization that will automatically expire based on a time frame set by your financial institution, usually within 3–5 business days. Cancelled orders may take up to 5 days for their authorization to expire.

More Information about temporary authorizations:

If you placed your order with a credit card, debit card, ATM card, or check card, your financial institution will place an authorization on your payment method until the order is picked up or ships. This appears as a pending charge on your account, and the amount varies by financial institution. Usually, you will see these charges range from $1.00 to the full amount of the order.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

We will not bill your account until your order is picked up/shipped. If you placed an order that was submitted but not accepted, canceled, or is still processing, you may still see a pending charge on your method of payment. This is a temporary authorization that will automatically expire based on a time frame set by your financial institution, usually within 3–5 business days. Cancelled orders may take up to 5 days for their authorization to expire.

More Information about temporary authorizations:

If you placed your order with a credit card, debit card, ATM card, or check card, your financial institution will place an authorization on your payment method until the order is picked up or ships. This appears as a pending charge on your account, and the amount varies by financial institution. Usually, you will see these charges range from $1.00 to the full amount of the order.

 

(d) Variable Weight Items

The per item price you see in your shopping cart for items we price by the pound is the actual per pound price. The final price of these items will be based on the same price per pound indicated upon completion of checkout, but the actual price is determined once we have sourced, processed and weighed your order, and will appear on the invoice or receipt you receive at the time of pick up.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Weaver’s Orchard Inc. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Weaver’s Orchard Inc.’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Weaver’s Orchard Inc. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Weaver’s Orchard Inc.

Indemnity

You agree to indemnify, defend and hold harmless Weaver’s Orchard Inc., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Weaver’s Orchard Inc. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Weaver’s Orchard Inc. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Weaver’s Orchard Inc.