Terms of service
Overview
Welcome to Herb & Heal! The terms "we", "us" and "our" refer to Herb & Heal. Herb & Heal operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Herb & Heal is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 – Access and Account
By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
Section 2 – Our Products
We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use and your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store. All descriptions of products are subject to change at any time without notice at our sole discretion.
Section 3 – Orders
When you place an order, you are making an offer to purchase. Herb & Heal reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Herb & Heal confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Herb & Heal may be unable to accommodate cancellation requests after an order is accepted.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 – Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete, and that you are duly authorized to use such credit card for the purchase.
Section 5 – Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 6 – Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Herb & Heal, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Section 7 – Optional Tools
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. Any use by you of optional third-party tools is entirely at your own risk.
Section 8 – Third-Party Links
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.
Section 9 – Relationship with Shopify
Herb & Heal is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Herb & Heal. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Herb & Heal, including any injury, damage, or loss resulting from purchased products and services.
Section 10 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.
Section 11 – Feedback
If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium for any purpose, including for commercial use.
Section 12 – Errors, Inaccuracies and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 13 – Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful or malicious purpose, to violate any regulations or laws, to infringe upon intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
Section 14 – Termination
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Section 15 – Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY HERB & HEAL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Section 16 – Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HERB & HEAL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
Section 17 – Indemnification
You agree to indemnify, defend and hold harmless Herb & Heal and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.
Section 18 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Section 19 – Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and governs your use of the Service.
Section 20 – Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 21 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Herb & Heal is headquartered.
Section 22 – Changes to Terms of Service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 – Contact Information
Questions about the Terms of Service should be sent to us at: