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Terms and Conditions

Terms and Conditions

These Terms of use (“Terms”) govern your use of herbsetc.com website (the “Site”), and associated content and services (collectively, the “Herbs, Etc. Content”) and constitute an agreement between you and Herbs, Etc., Inc. (“Herbs, Etc.”).

Your use of the Herbs, Etc. Content is conditioned upon your acceptance and continued adherence to these Terms. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Herbs, Etc. Content immediately.

You understand and agree that Herbs, Etc. may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Herbs, Etc. Content after any modifications indicates your acceptance of the modified Terms.

By using this Site, you agree to the Terms, which constitutes the entire agreement between you and Herbs, Etc. The Terms supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site. In the event of any conflict between the Terms and any other agreement or understanding related to the use of the Site, the Terms shall control.

You may use the Herbs, Etc.’s Content solely for your own personal benefit. You additionally agree not to use the Herbs, Etc. Content for commercial use or in support of any other person or entity. Additionally, you may not use the Herbs, Etc. Content to:

  • Engage in or facilitate any illegal activity.
  • Upload, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files.
  •  Interfere with or disrupt networks, systems and/or computers used to provide the Herbs, Etc. Content. You agree to comply with all regulations, policies and procedures of such networks and systems.
  • Advertise or offer to sell any goods or services unless you have Herbs, Etc.’s written consent to do so.
  • Restrict or inhibit any other user from using the Herbs, Etc. content.
  • Collect or store personal information about other end users.
  • Impersonate any person or entity, including, but not limited to an Herbs, Etc. representative or falsely state or otherwise misrepresent your affiliation with a person or entity.


Content Age Restriction

In order to use the Herbs, Etc. content, you must be 13 years of age or older. If you are 13 years of age or older but younger than 18 years of age, you must request permission from your parent or guardian before accepting these Terms of Use or using Herbs, Etc.’s Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Herbs, Etc. Content.

Disclaimers

Herbs, Etc. Content includes information regarding specific Herbs, Etc. products. Herbs, Etc. has made good-faith efforts to compile and present this information but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the Herbs, Etc. Content is intended only as a general reference for further exploration and is not a replacement for professional health advice. The Herbs, Etc. Content does not provide format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. We urge you to consult your qualified healthcare professional such as a naturopathic physician when using any of the Herbs, Etc. Content. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of the Herbs, Etc. Content.

Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the Herbs, Etc. Content will always include the most recent findings or developments with respect to the particular material.

Herbs, Etc. does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the Herbs, Etc. Content.

The information contained in the Herbs, Etc. Content is provided “as is” and all warranties, expressed or implied are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

The use of Herbs, Etc. Content is solely at your own risk.

Intellectual Property

The Site and the Herbs, Etc. Content are the intellectual property of Herbs, Etc. and are protected by applicable copyright, trademark and proprietary rights. All text, video, audio, sound, graphics, software, information and other materials made available as part of the Herbs, Etc. Content, including but not limited to the look and feel of the Site, are protected by such copyright, trademark and other intellectual property laws and are owned solely by Herbs, Etc. and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display or modify the Herbs, Etc. Content.

Viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received Herbs, Etc.’s expressed written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Herbs, Etc.

You agree to access the Herbs, Etc. Content only through the interface that is provided by Herbs, Etc. for use in accessing the Herbs, Etc. Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders or screen scraping tools, to access, monitor, download or copy any part of the Herbs, Etc. Content, unless Herbs, Etc. has provided prior written consent.

Herbs, Etc., herbsetc.com, our product names, slogans, phrases, marks, icons and logos included with or accompanying the Herbs, Etc. Content are our trademarks or registered trademarks.  All other trademarks, service marks, logos and trade names included with or accompanying the Herbs, Etc. Content are trademarks or registered trademarks of their respective owners.

Limitations of Liability

In no event will Herbs, Etc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits, lost data or lost savings, whether based on breach of contract, breach of warranty, tort, product liability or any other legal theory even if Herbs, Etc. has been advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above exclusion or limitation may not apply to you.

Indemnity

You agree to indemnify and hold Herbs, Etc. and its directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Herbs, Etc. Content.

The Herbs, Etc. Content is provided “as is,” and Herbs, Etc. disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Herbs, Etc. cannot guarantee and does not promise any specific results from use of the Herbs, Etc. Content. Your use of the Herbs, Etc. Content is at your own risk.

Feedback

Herbs, Etc. has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, product reviews or other information relating to modifying or improving the Herbs, Etc. Content and/or its processes and underlying software (“Feedback”), provided by you to us, whether solicited or unsolicited.

Payments

Orders paid with PayPal, money order, Visa, MasterCard, Discover or American Express are shipped within three business days. Orders paid by check are shipped within seven business days to allow the check to clear.

Back Orders

Herbs, Etc. does not back order. Please reorder out-of-stock products.

Domestic Shipping

All Herbs, Etc. orders are sent via United States Postal Service (USPS) priority mail, including Alaska and Hawaii. Priority mail usually takes three business days (including Saturdays) from the time of the shipment.

Return Policy

Herbs, Etc. fully guarantees all of our softgels and extracts sold on the Site. If you are not satisfied with your purchase, please return it within 30 days of receipt. We will refund your money, including the initial shipping fee. Please call Herbs, Etc.’s Customer Service for a return authorization at 505-820-0410. Credit card orders will be refunded to the card used for your most recent purchase. Check or money order purchases will be refunded by check. Please note: Herbs, Etc. charges a 20 percent restocking fee for returned merchandise that was filled correctly.

Damaged Goods or Incorrect Orders Policy

Save the original packaging for any damaged product and notify Herbs, Etc,’s Customer Service immediately. Contact us for any claims for damaged goods or incorrectly filled orders. Claims must be made within 10 days after receiving your order.

International Use of Herbs, Etc. Content

Herbs, Etc. makes no representations that the Herbs, Etc. Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Herbs, Etc. Content from outside the United States, you are solely responsible for complying with all local laws.

International Shipping (including Canadian) Orders

Herbs, Etc. ships orders around the world. Prices are based on weight.

Shipping charges for international shipping is based upon weight; below is a list of approximate charges. Shipping costs will be calculated at the time the package is sealed.
Up to 1 lb. = $20.00
Over 1 lb. and up to 2 lbs. = $23.00
Over 2 lbs. and up to 3 lbs. = $28.00
Over 3 lbs. and up to 4 lbs. = $33.00
Over 4 lbs. - We will contact you by email for international shipping costs and custom regulations.

Please note that International orders take additional time.

Shipping prices are subject to change without notice. Please contact us if you have additional questions. Free shipping is only available for US orders of $35 or more.

International Taxes, Custom Fees and Import Duties for Orders

You are responsible for assuring the product(s) you are ordering can be lawfully imported to the destination country. Your packages may be subject to import taxes, custom fees and/or import duties. Additional charges for customs clearance may also apply and are your responsibility. To prevent unpleasant surprises, inquire about these taxes, fees, duties and other charges before placing your order. In some instances, when customs clearance procedures are required, it may cause delays beyond our original delivery estimates.

Herbs, Etc. Returns and Replacements from International Destinations

Should you return a product to us, you will be the exporter from the original shipping destination and, therefore, you are responsible for compliance with all export laws of that country.

Software Downloads and Export Controls of Herbs, Etc. Content

Software and related technologies that may be available in connection with the Herbs, Etc. Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of the State of New Mexico, USA, without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Santa Fe, New Mexico in accordance with current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment of the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard in the New Mexico state courts located in Santa Fe County, New Mexico or for matters involving federal jurisdiction, in the United States District Court for the District of New Mexico. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.

Termination of Content Use

Herbs, Etc. may terminate or suspend your access to the Herbs, Etc. Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.

Miscellaneous

Both you and Herbs, Etc. agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Herbs, Etc.  Content and neither you nor Herbs, Etc. have the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and Herbs, Etc. pertaining to your use of the Herbs, Etc. Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you do not agree to or are not able to abide by these Terms, you have no right to access or use the Herbs, Etc. Content.

Merger, Sale, Bankruptcy or Other Event

As Herbs, Etc. continues to develop its business, we might sell or buy assets, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets. If we are acquired by or merged with any other entity, then we reserve the right to assign or transfer all information that we have collected; and, for any bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your information might be transferred or disclosed to third parties.

Amendments to the Terms and Conditions

The Terms may be amended by Herbs, Etc. from time to time. Your only notice of such amendments shall be the posting of the amended Agreement on the Site. You are therefore advised to review the Agreement each time you visit the Site.

Herbs, Etc. Customer Service Hours and Contact Information

Please call or email us if you have existing order questions. For new orders please fax, email or leave a voicemail message.

Call us at 505-820-0410
Email us at mailorder@herbsetc.com
Fax us at 505-984-9197

Hours: Monday-Friday 10 am – 3 pm MDT

Prices subject to change without notification.

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