Terms and Conditions | Earth Products Essentials LLC

Terms and Conditions for Earth Products Essentials LLC

Effective Date: February 6, 2026]

Welcome to the website of Earth Products Essentials LLC ("we," "us," "our," or the "Company"), accessible at www.earthproductsessentials.com (the "Website"). These Terms and Conditions ("Terms") govern your access to and use of the Website, including any content, functionality, products, and services offered on or through the Website (collectively, the "Services"). By accessing or using the Website, placing an order, or otherwise engaging with our Services, you agree to be bound by these Terms, our Privacy Policy (available here) , and any additional terms or policies referenced herein.

These Terms are designed to protect both you and us, ensuring a clear understanding of rights, responsibilities, and limitations. They are tailored for a CBD-focused e-commerce business operating in New Jersey, where hemp-derived CBD products are legal under federal and state laws, provided they contain less than 0.3% THC on a dry-weight basis (per the 2018 Farm Bill and New Jersey's hemp program). However, CBD regulations can vary by jurisdiction, and we encourage you to review applicable laws in your area. We do not conduct international sales or ship products outside the United States. Please note that these Terms are provided as a general template and do not constitute legal advice. We strongly recommend consulting with a qualified attorney licensed in New Jersey to customize these Terms to your specific business needs and ensure ongoing compliance with evolving regulations, including those related to payment processing via Square.

If you do not agree with any part of these Terms, you must not access or use the Website or Services.

1. Eligibility and Age Restrictions

To use our Website and Services, you must be at least 21 years of age (or the age of majority in your jurisdiction, if higher) and capable of forming a binding contract. By using the Website, you represent and warrant that you meet these requirements.

Nuances and Implications: CBD products, even hemp-derived, are often restricted to adults due to potential health effects and regulatory concerns. In New Jersey, while there is no explicit state-mandated minimum age for CBD purchases, many retailers adopt a 21+ policy to align with cannabis-related laws and avoid liability. If you are under 21, you must not use the Website or purchase products. We may require age verification at checkout or upon delivery.
Edge Cases: Parents or guardians purchasing for minors (e.g., for therapeutic reasons) should consult a healthcare professional first. We do not market or sell products intended for children. Misrepresentation of age could result in account termination and legal action.

2. User Accounts and Registration

You may need to create an account to access certain features, such as placing orders or tracking shipments. When registering, you agree to provide accurate, current, and complete information.

Responsibilities: Maintain the confidentiality of your account credentials. You are responsible for all activities under your account, including unauthorized use if you fail to secure it.
Examples: If you forget your password, use the recovery process; do not share login details.
Implications: We reserve the right to suspend or terminate accounts for violations, such as fraudulent activity or breach of these Terms. Data provided during registration is handled per our Privacy Policy.
Edge Cases: If your account is compromised, notify us immediately here. We are not liable for losses from unauthorized access due to your negligence.

3. Product Information and Disclaimers

Our Website offers hemp-derived CBD products, including oils, edibles, topicals, and accessories, sourced from compliant suppliers. All products are third-party tested for quality, potency, and contaminants, with certificates of analysis (COAs) available upon request or on product pages.

Disclaimers: Products are not intended to diagnose, treat, cure, or prevent any disease. We make no health claims, and results may vary. Consult a healthcare provider before use, especially if pregnant, nursing, on medication, or with a medical condition.
Context and Nuances: Under FDA regulations, CBD cannot be marketed as a dietary supplement with therapeutic claims. In New Jersey, products must comply with labeling requirements under the state's hemp program (N.J.A.C. 2:25). We ensure our products contain <0.3% THC but note that trace amounts may cause positive drug tests.
Examples: A CBD tincture might be described for "general wellness support," not "curing anxiety."
Implications: Misuse could lead to health risks; we disclaim liability for adverse effects. For pet products, similar disclaimers apply—veterinary consultation recommended.
Edge Cases: Allergic reactions or interactions with medications—users assume risk. If a product is recalled (e.g., due to contamination), we will notify affected customers.

4. Ordering, Payment, and Pricing

Orders are subject to availability and our acceptance. We reserve the right to refuse or cancel orders for any reason, including pricing errors or suspected fraud. We do not accept or process orders for international delivery; all sales are limited to addresses within the United States.

Payment: We process all credit card payments exclusively through Square, our third-party payment processor. We accept major credit cards supported by Square (e.g., Visa, Mastercard, American Express, Discover). No other payment methods, such as PayPal or cash-on-delivery, are currently accepted unless explicitly listed at checkout. All transactions are in USD and processed securely via Square's platform.
Pricing and Taxes: Prices exclude shipping, handling, and applicable taxes (e.g., New Jersey sales tax of 6.625%, plus local surtaxes). We may adjust prices without notice.
Context and Nuances: By using Square, we ensure compliance with PCI DSS standards for secure payment processing. Square handles all card data directly, meaning we do not store your full credit card information on our servers, reducing data breach risks. However, Square's terms of service (available at squareup.com/legal) apply to your transactions, and you agree to abide by them. In New Jersey, sales tax applies to CBD products as tangible personal property, but exemptions may exist for certain medical uses—consult a tax professional. Limiting sales to the U.S. helps us comply with varying state CBD laws and avoids complexities like customs regulations or international shipping restrictions.
Examples: An order total might include $50 product + $5 shipping + $3.58 tax = $58.58, processed via Square. If Square declines a transaction (e.g., due to insufficient funds), the order will not proceed.
Implications: Unauthorized charges can be disputed through Square or your card issuer. We may pass on any processing fees imposed by Square in cases of chargebacks or disputes. Using Square streamlines operations but ties us to their uptime and policies—if Square experiences downtime, orders may be delayed. By restricting to U.S. sales, we minimize risks associated with international trade, such as currency fluctuations or export compliance.
Edge Cases: We do not ship to states where CBD is restricted (e.g., Idaho), even within the U.S. Bulk orders require prior approval, and high-value transactions may trigger Square's fraud checks, potentially requiring additional verification. If Square updates its policies (e.g., restricting CBD sales), we may need to adjust our payment options accordingly. Attempts to place international orders will be automatically rejected at checkout.

5. Shipping, Delivery, and Risk of Loss

We ship exclusively within the United States via carriers like USPS, UPS, or FedEx. Shipping times are estimates only; delays may occur due to weather, holidays, or carrier issues. We do not offer international shipping.

Details: Title and risk of loss pass to you upon handover to the carrier. Track your order via provided links.
Context: In New Jersey, we prioritize discreet packaging to comply with privacy laws. Free shipping thresholds may apply (e.g., over $50). By limiting to U.S. shipping, we ensure adherence to domestic carrier regulations and avoid international customs delays or duties.
Implications: Lost or damaged shipments—file claims with the carrier; we may assist but are not liable beyond our return policy. This U.S.-only policy simplifies logistics and reduces potential liabilities from cross-border issues.
Edge Cases: Address errors lead to non-delivery; undeliverable packages may incur restocking fees. During peak seasons (e.g., holidays), expect delays. Shipments to U.S. territories (e.g., Puerto Rico) may be considered on a case-by-case basis but are not guaranteed and could involve additional fees.

6. Returns, Refunds, and Exchanges

We offer a [Insert Policy, e.g., 30-day] satisfaction guarantee for unopened products. Opened items may be eligible for exchange if defective.

Process: Contact us at [Insert Contact Info] within the return window. Return shipping is at your expense unless due to our error.
Refunds: Processed to original payment method via Square within [e.g., 7-10] business days, minus restocking fees if applicable. Refunds are subject to Square's processing timelines and policies.
Nuances: Perishables (e.g., edibles) are non-returnable for hygiene reasons. CBD regulations prohibit returns of used products in some cases. Square may deduct transaction fees from refunds, which we cannot control.
Examples: A leaky bottle qualifies for refund; dissatisfaction with taste does not.
Implications: Abuse of returns may lead to account restrictions. We aim for customer satisfaction but balance with business sustainability, considering Square's fee structures. Since we do not sell internationally, all returns must originate from U.S. addresses.
Edge Cases: Bulk purchases have stricter policies. If a refund is disputed, Square's resolution process applies. Returns from U.S. territories may require additional documentation or fees due to extended shipping distances.

7. Intellectual Property

All content on the Website (e.g., text, images, logos) is owned by us or our licensors and protected by U.S. copyright, trademark, and other laws.

Usage: You may view and print for personal use but not modify, distribute, or use commercially without permission.
Implications: Violations could result in legal action. Our trademarks include "Earth Products Essentials LLC."
Edge Cases: User-generated content (e.g., reviews) grants us a license to use; we may remove inappropriate submissions.

8. User Conduct and Prohibited Activities

You agree not to misuse the Website, including hacking, transmitting viruses, or engaging in illegal activities.

Examples: No spamming, impersonation, or harvesting data.
Implications: Violations may lead to bans and reporting to authorities.

9. Limitation of Liability and Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied (e.g., merchantability, fitness for a particular purpose). We are not liable for indirect, consequential, or punitive damages, including any issues arising from Square's payment processing.

Cap: Liability limited to the amount paid for the product in question.
Context: This protects us from unforeseeable risks in the CBD industry, where regulations evolve (e.g., potential FDA policy changes), and from third-party dependencies like Square. The U.S.-only sales policy further limits exposure to international legal variances.
Implications: Users assume risks of product use; seek professional advice.
Edge Cases: Force majeure events (e.g., pandemics) excuse performance delays, including payment processing interruptions via Square.

10. Indemnification

You agree to indemnify us against claims arising from your breach of these Terms, misuse of products, or disputes related to payments processed through Square.

11. Governing Law and Dispute Resolution

These Terms are governed by New Jersey law, without regard to conflict of laws principles. Disputes shall be resolved in courts located in Cumberland County, New Jersey.

Nuances: Disputes involving Square may be subject to their arbitration terms.
Implications: Venue in NJ ensures local expertise in hemp laws.

12. Changes to Terms

We may update these Terms; continued use constitutes acceptance. Material changes will be notified via email or Website posting.

13. Miscellaneous

Severability: Invalid provisions do not affect others.
Contact: For questions, contact us here.
Entire Agreement: These Terms supersede prior agreements.

By using our Website, you acknowledge reading and agreeing to these Terms. Thank you for choosing Earth Products Essentials LLC—we're committed to quality CBD products for your wellness journey.