Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Herb & Habit. The terms “we,” “us,” and “our” refer to Herb & Habit.

Herb & Habit operates this store and website, including all related information, content, features, tools, products, and services provided to you (collectively, the “Services”). Herb & Habit is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They include important information regarding your legal rights, warranties, limitations of liability, purchases, and use of our Services.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to these Terms and our Privacy Policy, available at:

https://herbandhabit.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, please do not use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the consent required under applicable law to use the Services.

To access certain features or purchase products, you may be asked to provide information including your name, email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of any account credentials associated with the Services and for all activity occurring through your account.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, colors, packaging, labels, product appearance, or other visual details may differ slightly from what appears on your screen.

Product descriptions, pricing, ingredients, packaging, and availability may be changed at any time without notice.

We reserve the right to discontinue products, restrict quantities, or limit sales to any person, household, geographic region, or jurisdiction where permitted by law.

Dietary Supplement Information

Herb & Habit products are dietary supplements.

Information provided through our website, product pages, emails, advertising, social media, or other content is provided for general informational purposes only and is not intended to replace advice from a physician or other qualified healthcare professional.

You should consult an appropriate healthcare professional before beginning a dietary supplement, particularly if you:

  • are pregnant or nursing;
  • are under 18;
  • have a known medical condition;
  • have allergies or sensitivities; or
  • take prescription or other medications.

Do not exceed the recommended serving stated on the product label.

Dietary supplements are not intended to diagnose, treat, cure, or prevent disease.

Where applicable, the following disclaimer applies:

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase the products included in that order.

Herb & Habit reserves the right to accept, reject, limit, or cancel an order where permitted by law, including in cases involving suspected fraud, pricing errors, inventory issues, payment problems, or misuse of promotional offers.

Your order is not considered accepted until payment has been processed and we confirm the order.

Please review your order carefully before submitting it. Because orders may enter fulfillment shortly after they are placed, we cannot guarantee that cancellation or modification requests can be accommodated after an order has been accepted.

If we cancel or materially modify an order, we will attempt to contact you using the email address, telephone number, or billing information provided with the order.

Purchases are subject to our Refund Policy:

https://herbandhabit.com/policies/refund-policy

Orders are intended for personal or household use and not for unauthorized commercial resale.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, bundles, and offers may change without notice.

The price charged will be the price displayed when your order is placed, subject to correction of obvious errors.

Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping charges, customs duties, import charges, or similar fees.

Promotional pricing and bundle offers may be subject to additional terms.

You agree to provide accurate and current billing and payment information.

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment providers to charge all amounts associated with your purchase.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery dates are estimates and are not guaranteed.

Orders may require processing time before being transferred to a shipping carrier.

We are not responsible for delays caused by carriers, severe weather, incorrect customer-provided addresses, customs processing, governmental actions, or other circumstances outside our reasonable control.

Shipping rates and estimated delivery information are available through our Shipping Policy:

https://herbandhabit.com/policies/shipping-policy

If your shipment is damaged, lost, incomplete, or incorrect, please contact us at Hello@herbandhabit.com so we can investigate and help resolve the issue.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including our brand name, trademarks, logos, text, graphics, photographs, illustrations, designs, product imagery, videos, audio, website design, and other original materials, are owned by or licensed to Herb & Habit and are protected by applicable intellectual-property laws.

You may access the Services only for personal, non-commercial use.

Unless we expressly authorize it, you may not reproduce, copy, distribute, modify, republish, sell, license, publicly display, or create derivative works from our protected materials.

Herb & Habit, our logo, product names, designs, slogans, and related branding may not be used without our prior written permission.

SECTION 7 — OPTIONAL TOOLS

We may provide access to features, tools, payment providers, applications, or services supplied by third parties.

Third-party tools may be subject to separate terms and privacy policies.

To the extent permitted by law, we are not responsible for third-party services that we do not own or control.

Your use of such services is at your discretion and subject to the applicable third party’s terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party websites or services.

We do not control and are not responsible for the content, availability, security, products, services, policies, or practices of third-party websites.

You should review the applicable terms and policies before conducting a transaction with a third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Herb & Habit is powered by Shopify, which provides technology that enables us to operate our online store.

However, purchases made through our store are transactions directly between you and Herb & Habit.

Shopify is not the seller of Herb & Habit products and is not responsible for the fulfillment, quality, safety, or performance of products purchased from us.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://herbandhabit.com/policies/privacy-policy

Because Shopify hosts our store, Shopify and other service providers may process personal information necessary to operate the Services, process transactions, prevent fraud, provide analytics, deliver advertising, or perform other functions described in our Privacy Policy.

SECTION 11 — FEEDBACK AND REVIEWS

If you voluntarily submit feedback, reviews, photographs, testimonials, suggestions, comments, or other content to Herb & Habit, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, and adapt that content for the operation and promotion of our business, subject to applicable law.

You represent that you own or have the necessary rights to the content you submit.

If you received compensation, free product, discounts, or another incentive in connection with a review or testimonial, you must disclose that relationship where required by law.

We reserve the right to remove content that violates these Terms, applicable law, or the rights of others.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally the Services may contain typographical errors, incorrect pricing, inaccurate descriptions, outdated availability information, shipping errors, or other mistakes.

We reserve the right to correct errors, update information, or cancel affected orders where permitted by law.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • violate applicable laws or regulations;
  • infringe intellectual-property or privacy rights;
  • transmit malicious software;
  • commit or facilitate fraud;
  • harass, threaten, or harm another person;
  • submit intentionally false or misleading information;
  • interfere with the security or operation of the Services;
  • scrape, extract, or systematically collect information from the Services without authorization; or
  • circumvent technological restrictions or security measures.

We may restrict access to the Services when we reasonably believe these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

Automated or semi-automated software, bots, crawlers, AI agents, or similar systems must not access or interact with the Services in a manner that disguises automated activity, bypasses security controls, circumvents CAPTCHAs, violates applicable technical restrictions, or otherwise interferes with operation of the Services.

We may limit or prohibit automated access at our discretion where permitted by law.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services if you violate these Terms or misuse the Services.

Provisions that by their nature should continue after termination—including provisions concerning intellectual property, limitations of liability, indemnification, governing law, and dispute-related obligations—will survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ERROR-FREE, SECURE, OR UNINTERRUPTED.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HERB & HABIT AND ITS SERVICE PROVIDERS, CONTRACTORS, AFFILIATES, REPRESENTATIVES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

NOTHING IN THESE TERMS LIMITS LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Herb & Habit and its affiliates, representatives, contractors, and service providers from third-party claims arising from:

  1. your material violation of these Terms;
  2. your unlawful use of the Services; or
  3. your violation of another person’s rights.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be enforced to the greatest extent permitted by law and the remaining provisions will remain in effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.

These Terms and any policies incorporated into them constitute the agreement governing your use of the Services, except where separate written terms expressly apply.

SECTION 21 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written permission.

We may assign or transfer our rights and obligations in connection with a sale, restructuring, incorporation, conversion to another business entity, merger, transfer of substantially all assets, or similar business transaction, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Any dispute subject to judicial resolution will be brought in a court of competent jurisdiction in California, except where applicable law gives you a right to bring a claim elsewhere.

SECTION 23 — HEADINGS

Section headings are included only for convenience and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

We may update these Terms from time to time.

The latest version will be posted on this page.

Where required by law, we will provide notice of material changes.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms may be sent to:

Herb & Habit
Email: Hello@herbandhabit.com
Website: https://herbandhabit.com