Metamorphic Farms

Conditions

This website is owned and operated by Metamorphic Farms LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors online resources to Butterfly Kit Instructions, Frequently Asked Questions, Butterfly and Pollinator Gardening, and products available to purchase. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. Our “Live Arrival Guarantee” can be found under the “About Us” section of www.metamorphicfarms.com for detailed information and policies for our products containing living organisms.

 

Commercial Terms

When purchasing an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. 

 

Educational Use

The following policies pertain to all living organisms, products, and online resources offered by Metamorphic Farms LLC and for the website “www.metamorphicfarms.com” itself: Research use is permitted for educational purposes only. Commercial use OR resale of our products, web resources, or website is prohibited unless given prior consent and agreement. 

 

User Conduct

In order to purchase our products and living organisms, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive products with living organisms if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Liability for Handling and Improper Use

Our products are made with ease-of-use for teachers and the safety of their students in mind. By purchasing our products, you agree that appropriate supervision will be provided when using our products based on the age of the user. Our living organisms are not for human consumption and some kits and products contain small parts that can be dangerous if swallowed. We do our best to modify kit components to increase their safety, but please provide appropriate supervision even for products that do not contain living material. As a purchaser, you assume all liability and risk associated with handling and storage of our products and indemnify Metamorphic Farms LLC against any claims that may arise from handling, storage, or mis-use. 

 

Limitation of Liability

You agree that in using and purchasing from www.metamorphicfarms.com that information provided on this site is to the best of our knowledge and produced in good faith without promising that the information will error-free. We may include links to other sites that we do not have control over and using our website and products waives any possible claims against Metamorphic Farms LLC and www.metamorphicfarms.com in regards to said linked websites. 

 

To the maximum extent permitted by applicable law, in no event shall Metamorphic Farms LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, our products. 

To the maximum extent permitted by applicable law, Metamorphic Farms LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Indemnity

By using www.metamorphicfarms.com or purchasing our products you are agreeing to indemnify Metamorphic Farms LLC and all affiliates, employees, and service providers harmless from any breaches of these Terms. You agree to indemnify and hold Metamorphic Farms LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Modification of Terms

We may modify our Terms and Conditions and make changes to our online resources without prior notice. The continued use of our products and www.metamorphicfarms.com assumes your agreement of the most updated terms and or any changes to them. The stated parties will have no liability if any of these Term breaches are to occur by the purchaser/user and indemnify any possible losses, damage, or expenses. This includes the agreement to hold the same parties harmless from third party claims that may come forth out of your use of www.metamorphicfarms.com and Metamorphic Farms LLC’s products.  

 

Return and Refund Policy

We do not accept returns on our products. If your product has arrived damaged, please contact us within 24 hours of receiving. We may ask for photographic evidence to be provided. For all orders that include living organisms photos must be provided, and we will be happy to send you a replacement. Refunds are provided on a case-by-case basis but follow the following guidelines:

 

*Refunds are only provided if the customer does not wish to receive a replacement*

 

For damaged Butterfly Kits that include live caterpillars: 

Damaged Small Habitats | refund amount equal to “Small Habitat” under “Raising Supplies”

Damaged Large Habitats | refund amount equal to “Large Habitat” under “Raising Supplies”

Caterpillars did not arrive alive | refund amount equal to number of caterpillar cups under “Refill Kits” (ex. Small Butterfly Kit which includes 1 caterpillar cup will refund the amount of “Small Refill Kit”)

 

Caterpillar Success Guarantee

We guarantee your success with our live Caterpillar Cups! 

 

Sometimes things happen out of our control when growing your caterpillars. We understand that accidents happen, or bacteria/chemical solvents may enter the cup and negatively affect the caterpillars. If 50% of your total caterpillars do not make it to become healthy butterflies please contact us and we will gladly replace your caterpillars! 

 

This guarantee only applies to Caterpillar Cups that have not been opened. As a reminder, please do not open your caterpillar cups until it is time to do so to prevent bacteria from entering the cups! See detailed instructions  here . 

 

No Agency

By using www.metamorphicfarms.com and its products, you agree that no partnership or agency exists between Metamorphic Farms LLC and the user/customer. 

 

Severability

If any statement made in our Terms is deemed unlawful or unenforceable, that statement is severable from the rest of our Terms without affecting the other remaining Terms.