READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK "AGREE."
This Purchase Terms and Conditions Agreement (“Purchase Terms”) applies to all orders and purchases by you (“Buyer”) from Holistic Herbal Solutions, LLC, an Ohio limited liability company (“HHS). These Purchase Terms apply to all orders and purchases through HHS’s online store located at www.holisherb.com (the “Store”) and supplement the general Terms of Use of the services found at https://holisherb.com/privacy-statement/, which shall also apply to the relationship between HHS and Buyer. HHS does not accept any conflicting or deviating terms from these Purchase Terms unless agreed to in writing by HHS. HHS expressly reserves the right to update this Policy at any time and by placing an order you agree to any such changes.
BY CLICKING THE “AGREE” BUTTON, BUYER (A) ACKNOWLEDGES THAT BUYER HAS READ AND UNDERSTANDS THE PURCHASE TERMS; (B) ACCEPTS THE PURCHASE TERMS AND AGREES THAT BUYER IS LEGALLY BOUND BY THE PURCHASE TERMS; AND (C) IF BUYER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF BUYER AND BIND BUYER TO ITS TERMS. IF BUYER DOES NOT AGREE TO THE PURCHASE TERMS, BUYER SHALL NOT COMPLETE ANY PURCHASE OR TRANSACTION WITH HHS.
Products, Pricing, and Ordering
All prices displayed on the Store are in United States dollars, excluding relevant taxes and other charges that may apply in certain cases. HHS reserves the right to correct or change prices, descriptions, quantities, and any other product detail at any time, with or without notice. In the event of an error in pricing, description, or otherwise on the Store, HHS reserves the right to cancel any order. If HHS determines a correction must be made, HHS will contact Buyer and may offer the option of completing the order at the adjusted price or cancelling the order.
All additional taxes, custom duty, VAT, fees, imports, tariffs, costs of transportation, and other incidental charges shall be the responsibility of Buyer. Cost of freight, details of freight delivery, and responsibility for payment of freight costs will be as set forth on the description page for each product offer. In the event HHS is required to pay any such charges to any authority, Buyer shall indemnify and hold harmless HHS for any such payments and obligations. Risk of loss will be on Buyer from the time of delivery to the carrier.
Our shipping options are covered under our Shipping and Returns Policy, which are part of these Purchase Terms. HHS expressly reserves the right to update the Shipping and Returns Policy at any time and by placing an order you agree to any such changes.
Billing Terms
Buyer must complete the order using one of the payment methods described on the Store at the time of purchase. HHS reserves the right to exclude or include any particular payment method at any time, with or without notice. Certain payment methods may be executed, handled, or completed by a third-party payment service provider. HHS and its payment service providers reserve the right to decline any payment in cases of suspected fraud or any other irregularity. Buyer agrees that any contact and payment information may be used by HHS and its payment service providers to process Buyer’s payment, contact Buyer, and fulfill an order. In the event of a returned payment or payment delay, HHS may charge a fee.
Receipt of Goods
It is Buyer’s responsibility to inspect goods upon receipt and ensure that such goods are accurate as to the order made by Buyer. In the event that an order received by Buyer is incorrect or is damaged in any way, Buyer must contact HHS. Buyer’s failure to give notice of any claim within ten (5) days from the date of delivery will constitute unqualified acceptance of all of the order items and a waiver by Buyer of all claims with respect to any order items. In the event of a potential claim that would fall under a third-party manufacturer’s warranty, Buyer must contact such manufacturer.
All returns are exchanges are covered under our Shipping and Returns terms, which are part of these Purchase Terms and may be updated at any time by HHS.
Use of Goods
HHS goods are not sold for use for any illegal purpose and HHS disclaims any warranties and any return policies if its goods are used for an illegal purpose or combined with any illegal substance. Buyer shall not advertise, market, promote, display, demonstrate, bundle, or sell non-HHS products in a manner that would create the impression that the non-HHS products are made by, endorsed by, work with, or are associated in any way with HHS or HHS products. Buyer shall ensure that HHS products never are misbranded or represented as another brand.
Cooperation with Recall Efforts
To ensure the safety and well-being of the end-users of HHS products, Buyer shall cooperate with HHS with respect to any product recall or other consumer safety information dissemination effort.
Warranty Disclaimer
ALL GOODS ARE SOLD “AS IS” AND HHS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND HHS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, HHS MAKES NO WARRANTY OF ANY KIND THAT THE GOODS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET BUYER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SYSTEM, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN BUYER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. HHS DOES NOT WARRANT OR FURTHER ENDOSRE ANY WARRANTIES OFFERED BY ANY MANUFACTURERS ON ANY PRODUCTS SOLD THROUGH THE STORE AND ANY SUCH CLAIMS SHALL BE DIRECTED TO THE MANUFACTURER.
Relationship of the Parties
HHS and Buyer are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise, or business opportunity between the parties. Neither party, by virtue of these Purchase Terms, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.
Indemnification
Buyer shall indemnify hold harmless, and defend HHS and its parent, officers, directors, partners, members, shareholders, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party" against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party (collectively, "Losses"), arising out of or relating to any claim of a third party resulting from a (i) breach of these Purchase Terms by Buyer, (ii) alleging or relating to any negligent or more culpable act or omission of Buyer or its personnel in connection with the performance of its obligations under these Purchase Terms; (iii) alleging or relating to any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent acts or omissions of Buyer or its personnel; and (iv) use of the products by Buyer where any harm is not caused by the negligent act of HHS.
Termination
HHS may terminate its services, these Purchase Terms, and any pending order at any time in its own discretion. If HHS cancels an Order or terminates its services, Buyer will not be charged for any undelivered order.
Miscellaneous
Any waiver by either party of a breach of any provision of these Purchase Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Purchase Terms. The failure of a party to insist upon strict adherence to any term of these Purchase Terms on one or more occasions shall neither be considered a waiver nor deprive that party of any right thereafter to insist upon strict adherence to that term or any other term of these Purchase Terms. Any waiver must be in writing and explicitly state that it constitutes a waiver of a specific term of these Purchase Terms.
If any portion of these Purchase Terms are held invalid, such invalidity shall not affect the validity of the remaining portions of these Purchase Terms, and the parties will substitute for any such invalid portion hereof a provision which best approximates the effect and intent of the invalid provision.
These Purchase Terms shall be governed by the laws of the State of Ohio (excepting any conflict of laws or provisions which would serve to defeat application of Ohio substantive law). Each of the parties to these Purchase Terms hereby irrevocably and unconditionally: (i) consents to submit to the exclusive jurisdiction of the courts of Franklin County, Ohio for any proceeding arising in connection with these Purchase Terms and each such party agrees not to commence any such proceeding except in such courts, and (ii) waives any objection to the laying of venue of any such proceeding in the courts of Franklin County, paragraph titles of these Purchase Terms are for conveniences only and shall not define or limit any of the provisions hereof. The provisions hereof shall be binding upon and shall inure to the benefit of Buyer and HHS, their respective successors, and permitted assigns.
Date last updated: 10/18/19