1. EXCLUSIVE TERMS.
2. AMENDMENT OF TERMS.
- These terms and conditions are the exclusive terms and conditions by which all Inn Herb products are sold to a Customer. Inn Herb expressly rejects all other conditions of sale, proposed or imposed by a Customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Inn Herb. You agree, at our discretion and without notice to you, unless we have agreed otherwise, in the form specified in this section, to your terms and conditions, whenever and however your terms have been communicated to us, that we may disregard your terms and conditions as having no legal force or effect and proceed as if you have not communicated your own terms and conditions, or we may reject your order.
3. ACCURACY OF INFORMATION.
- These Terms and Conditions may be amended by us from time to time, without notice. Our most current terms and conditions will always be posted on our website, or at your request, we will email, fax or mail to you our current terms and conditions. You may contact us if you wish for us to send them to you. You agree that your ordering of products from us, whether online or by phone or any other means, constitutes your agreement to our Terms and Conditions as they exist as of the date you place your order. You agree that it is your responsibility to either review our current terms on our website or to otherwise obtain a copy of our current Terms and Conditions prior to placing an order.
4. PRODUCT PRICING.
- Inn Herb makes reasonable efforts to provide accurate and timely information about its products on its website. Except for product specifications we provide you and Certificates of Analysis, you may not assume that the information provided is always up to date, accurate or that all the relevant information is stated. You waive any claims arising from inaccurate or omitted information on our website and in our catalogue and other written material (except for product specifications and Certificates of Analysis). You are encouraged to bring what you believe to be inaccurate or omitted material to our attention by sending an email.
5. PAYMENT TERMS CREDIT CARDS AND CREDIT.
- The price we charge for our products is subject to fluctuations, including availability of product, cost of shipping, and international monetary fluctuations. And, from time to time we offer special promotions that impact price. The prices we show on our website may generally be relied upon as current as of the time you place your order.
- A. Inn Herb accepts Visa, MasterCard, American Express and Discover debit and credit cards (“Card” or “Cards”) as well as money orders and cashier’s checks. We accept company checks and personal checks only if previously approved by Inn Herb when you open your account. There is no surcharge for using your Card to make purchases with us. Cards will be charged upon placement of your order.
- B. CARD SECURITY. All Card transactions, whether initiated on our Website or by some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. Our website uses SSL (Secure Socket Layer) encryption. In the event of an unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will Inn Herb be liable for unauthorized use of your Card by a third party. If you choose to pay for your purchases from us with a Card, you are agreeing that Inn Herb may submit proper charges to that Card, and that Inn Herb is not liable for unauthorized transactions by third parties.
- C. In additional to statutory fines that may be available to us, in the event your check is not honored, you will pay a $25.00 service charge in addition to all other penalties and fees arising from your failure to pay in accordance with our credit agreement.
- Unless we have agreed to pay for shipping as part of a promotion, all shipping is charged to you and will be included on the order invoice or by separate invoice if shipping charges are not ascertainable in advance. You may also designate your own freight collect shipper. In all cases, Inn Herb’s responsibility for the risk of loss ceases upon delivery to the shipper, and thereafter, you will bear the risk of loss. You must make all claims arising from shipping directly to the shipper, unless the shipper requires Inn Herb to submit the claim. If so required, Inn Herb will process and submit a claim to the shipper on behalf of the Customer for damages that occurred during shipping. In no event will Inn Herb have liability to the Customer with respect t to Inn Herb’s handling of the claim nor is Inn Herb responsible for the shipper’s claim adjudication. Do not offer shipping outside the 50 states of America.
8. LIMITED WARRANTY AND LIMITED LIABILITY.
9. RETURN OF GOODS
- YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. INN HERB AGREES THAT IT WILL REPLACE ALL DEFECTIVE PRODUCTS, WHEN THE DEFECTS ARE REPORTED WITHIN FIFTEEN CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INN HERB’S LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF INN HERB, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL BEST CHINESE MEDICINES BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
- We accept returns within 30 days of the receipt date, and offer a full or partial refund once we receive the return. If you need to return items for personal reasons (i.e. you ordered too many boxes, the herbs didn’t work, you ordered the wrong items, etc.) then you pay for return shipping and your refund will include only the cost of the unopened boxes of herbs we receive back. All refunds will go through the initial way you made payment — either Checkout, PayPal, or Check.Return Address:
249 Scholes St.
Brooklyn, NY 11206
- If you are returning herbs because of our mistake, we will give you a full refund, plus a refund on your return shipping costs. To do this, you must send us an email first. All goods may be returned to us with the bottles or other packaging unopened, unmarked and in saleable condition.
- All returns received after 30 days of the receipt date will be charged a 30% restocking fee; shipping is not refunded.D. Other than the aforesaid circumstances, the return of merchandise is not allowed.
10. NO HEALTH OR OTHER REPRESENTATIONS.
- All statements on our Website, and in our catalogue or other written material about Inn Herb’s products have not been evaluated by the Food and Drug Administration. Inn Herb’s products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that Inn Herb may include product cautions and contraindications on our website or in our catalogue or other written material, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information is not intended to substitute for the advice of a health care professional.
- Customer has not relied upon information or statements on our website or in our catalogue or other written material or information or opinion directly provided by Inn Herb and its employees, including but not limited to our sale and professional staff for the purpose of purchasing, prescribing or using our products. Customer has solely relied on Customer’s own skill, judgment, exercise and knowledge when purchasing, selling and using Inn Herb products.
11. CALIFORNIA PROPOSITION 65 COMPLIANCE.
- California Proposition 65 mandates consumer warning labels on products sold in California which contain chemicals including heavy metals in excess of Proposition 65’s very low thresholds. The following terms apply to our products sold by you to your customers in California.A. If you are in California or are located outside of California and sell products on the internet or otherwise sell products to customers in California, Inn Herb will affix California Proposition 65 Warning Labels (“Warning Labels”) on all products shipped to you which require such labels. If you are located outside of California and do not sell products on the internet or do not otherwise sell products to customers in California, products shipped to you will be without Warning Labels and those products and you will never sell the aforesaid products without Warning Labels in California nor sell the products to another for resale in California. If you sell our products without Warning Labels in California or those products are subsequently sold by another party in California, then you are in violation of the terms of this Section regardless of your actual knowledge of a violation by the third party. Upon your request, we will supply you at no charge with Prop 65 Warning Labels for Inn Herb Products, if you subsequently determine that Products already purchased by you will be sold in California.B. You will not directly or indirectly sell in California, or place in commerce for sale in California, our products, if the Warning Labels attached by us have been removed, tampered with or obscured in any way.C. If Inn Herb reasonably believes that you or someone acting through you has been selling our products in California in violation of the terms of this Section, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, Inn Herb may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. Further, upon reasonable notice to you, Inn Herb may contact third party websites and providers for the purpose of blocking the sale of Inn Herb products sold in violation of this Section. The failure of Inn Herb to undertake any of these remedies does not constitute a waiver of your obligations herein.D. You will immediately notify us in writing if you receive a notice that you are being accused of selling our products in violation of California Proposition 65. . Providing notice to Inn Herb does not mean or imply that Inn Herb has a legal duty to respond to the notice. E. If you violate the terms of this Section and as a result of which we are accused of being in violation of California Proposition 65, you agree to indemnify us for all damages and penalties and to pay for legal expenses and legal counsel of our choice necessary to defend us with respect to such allegations. H.You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section, whether or not Inn Herb elects to file a legal action. Resolution of disputes under this section are otherwise subject to the provision of Section 14.
12. USE OF WEBSITE.
- A. YOUR ACCOUNT. Your use of the materials included on our website is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our website in any way. You agree to indemnify, defend and hold harmless Inn Herb for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Inn Herb and that in the event of an unauthorized use, Inn Herb shall be entitled to an injunction in addition to any other remedies available at law or in equity. After applying for an online account, you will receive an email message notifying you that your account has been activated, along with a customer number and a temporary password to access our store. Upon registering, you are required to inform us about your type of business and give us related business information. You are responsible for maintaining the confidentiality of your password and customer ID, and are fully responsible for all activities that occur in your account. You agree to (a) immediately notify Inn Herb of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Inn Herb cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that all information you submit to Inn Herb to set up an account is true and accurate. You agree not to purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be yours alone and Inn Herb shall have no responsibility therefrom.B. CONDITIONS AND RESTRICTIONS ON USE. Inn Herb does not guarantee that the functions contained in our website will be uninterrupted or error-free, that our website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Inn Herb is aware of them. You acknowledge and agree that Inn Herb may terminate your access to the Inn Herb website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Inn Herb. Any such termination shall be at Inn Herb’s sole discretion and may occur without prior notice, or any notice. Inn Herb further reserves the right to terminate any user’s access to Inn Herb’s website for any conduct that Inn Herb, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to Inn Herb or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Inn Herb further reserves the right to terminate any user’s access to the website for any reason or for no reason at all, at Inn Herb’s sole discretion, without prior notice, or any notice. Inn Herb does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.C. PRIVACY & SECURITY. Inn Herb is committed to protecting the privacy and accuracy of your confidential information to the fullest extent possible, subject to provisions of state and federal law. Other than in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not re-distribute or sell personal information collected on our web server. Your personal information is used by us to facilitate orders you place with us, and to notify you of promotions, company and product updates, and to send you informative materials such as our newsletter. However, you may opt to have us not send you any of these notices or materials at any time by changing your preference on your My Account page, or by contacting us through email or by telephone.D. INFORMATION ABOUT YOU. When you apply to set up an online account with us, we collect various kinds of “personal information” including your name, company name, address, billing information, business type and related business information (such as license number and state) and an email address. We also collect and store access information related to your account including account number and user password. When you make purchases from our site, we may collect purchasing information such as product orders, shipping address(es), and Card information. When you set up an online account with us and provide such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the Inn Herb Account Set-up form at registration; and (b) you will maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Inn Herb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Inn Herb has the right to suspend or terminate your account and refuse any and all current or future use of the In Herb website. On the Account Set-up page you are given the opportunity to receive email communications from us, or not. You may change this preference and your account information at any time. We also collect “aggregate information”, which is information about use of our site, such as pages visited on our site.E. SITE SECURITY. A Customer’s account including patients and client information provided by the Customer is protected by the use of a password of Customer’s choice which is Customer’s responsibility to protect. Our website uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the Internet. Notwithstanding the aforesaid protections, both our website in general and a Customer’s account in particular are subject to penetration and access by third parties with varying degrees of illegal intent. Such penetration may result in access to Customer’s personal information or other harm to that Customer. In no event will Inn Herb be liable to Customer for damages resulting from a third party’s obtaining Customer’s personal information or any other damages as a result of a third party gaining access to Inn Herb’s website and/or Customer’s Inn Herb account. F. LINKS. Some links on our website will allow you to connect with sites that are not under our control. Inn Herb is providing these links only as a convenience. The appearance of a link does not imply Inn Herb endorsement, nor is Inn Herb responsible for the contents of any linked site. G. FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make, and you will not submit material to our website that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to our website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in Inn Herb, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit through our website will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials anywhere in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. H. FOREIGN USE OF SITE. Inn Herb makes no representation that materials on its website are appropriate or available for use in other locations. If you access our website from outside the United States, be advised that it may contain references to products and services that are not available or are prohibited in your country.
13. COPYRIGHT AND TRADEMARK.
- Our website as well as any written material mentioning our products are owned by us. Unless otherwise specified, all materials that may be found on our website and any written material, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Inn Herb and registered with the U.S. Copyright Office, ALL RIGHTS RESERVED. You may use our content only for the purpose of obtaining information or placing an online order and for no other purpose. None of our content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All other trademarks or service marks are property of their respective owners. The use of any of these trademarks or service marks without Inn Herb’s express written consent is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials of our content may violate copyright, trademark and other applicable laws.
14. DISPUTE RESOLUTION.
15. ENTIRE AGREEMENT.
- A. Venue and Jurisdiction. The exclusive jurisdiction for injunctive relief and all disputes between Inn Herb and Customer is either in the New York County Superior Court, State of New York or the United States Federal Court for the Southern District of New York. You irrevocably consent to the jurisdiction of the aforesaid courts. Customer will not file or initiate a legal claim against Inn Herb other than in state or federal court located in New York County, New York. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section by filing a legal action in a jurisdiction not specified in this Section.
- B. Personal Liability. If Customer is a non-publicly traded corporation or LLC or other limited liability entity, the individual shareholders, members and/or owners of Customer agree to be jointly and severally liable with Customer for Customer’s obligations to Inn Herb.
- C. For all disputes Customer and Inn Herb shall be responsible for their own legal fees and court costs.
- Other than these Terms and Conditions, including as they may be modified by Inn Herb in the future, pursuant to Section 2, there are no other terms binding upon Inn Herb unless Inn Herb has agreed to those other terms in a writing signed by a Inn Herb senior officer.