服务条款

Overview

Welcome to Herborigen! The terms "we", "us", and "our" refer to Herborigen. Herborigen operates this store and website, including all information related to orders, content, features, tools, products, and services, in order to provide you (the customer) with a curated shopping experience ("Services"). Herborigen is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, together with any policies mentioned herein (the "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Section 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have permitted any of your minor dependents to use the Services on the device(s) you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or authorize your account to any other person.

Section 2 - Our Products

We have made every effort to accurately display our products and services in our online store. However, please note that due to the type of device you use to access the store, as well as the settings and configuration of that device, the color or appearance of a product may differ from what you see on your screen.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations, or that it will be identical to the display or presentation in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Herborigen reserves the right to accept or reject your order for any reason, in its sole discretion. Your order is not binding until accepted by Herborigen. Your order will be accepted only after we have received and processed your payment. Please carefully review your order before submitting it. Once your order is accepted, Herborigen may be unable to accept a cancellation request. If we do not accept, modify, or cancel an order, we will attempt to contact you using the email address, billing address, and/or phone number you provided when placing the order.

Your purchases may be returned or exchanged only in accordance with our Refund Policy [Link].

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

Section 4 - Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price of a product or service is the price in effect at the time the order is placed, and will be listed in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling fees, customs duties, or import fees.

Prices published in our online store may differ from prices in physical stores, online stores operated by third parties, or other stores. We may offer service promotions from time to time, which may affect pricing and are subject to terms of service separate from these Terms. If promotion terms conflict with these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information when making a purchase in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (1) the credit card information you provide is true, correct, and complete; (2) you are duly authorized to use the credit card for the purchase; (3) your credit card company will honor the charges incurred by you; and (4) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Once we have transferred the product to the carrier, ownership and the risk of loss pass to you.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displayed content, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are owned by Herborigen, its affiliates, or its licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services only for your personal, non-commercial use. You must not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as granting you a license or other right under any patent, trademark, copyright, or other intellectual property of Herborigen, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Herborigen reserves all rights not expressly granted in this Agreement.

The name Herborigen, its logos, product and service names, designs, and slogans are trademarks of Herborigen or its affiliates or licensors. You may not use such trademarks without the prior written permission of Herborigen. The name Shopify, its logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks (including any embedded third-party functionality) to websites provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services and access these materials or third-party websites, you do so at your own risk.

We shall not be liable for any damages or losses arising from your access to any third-party website, or from your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review and understand the third-party's policies and terms before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify

[Merchant Note: This section accurately describes the relationship between Shopify and your store. Do not delete or modify.]

Herborigen is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are directly with Herborigen. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Herborigen, including any injury, damage, or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchase from or dealings with Herborigen.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, available here [Link], and certain personal information may be subject to Shopify's Privacy Policy, available here [Link]. By using the Services, you acknowledge that you have read and understood this Privacy Policy.

Because the Services are hosted by Shopify, Shopify processes personal information about your access to and use of the Services in order to provide the Services to you and to improve the Services. Information you submit to the Services will be transferred to Shopify and possibly to third parties located in countries other than your country of residence in order to provide the Services to you. Please review our Privacy Policy [Link] for more information on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, "Feedback"), 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 commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or reward related to the submission of Feedback; and (3) your Feedback complies with these Terms. We are under no obligation (1) to keep your Feedback confidential; (2) to pay you compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no legal liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 - Prohibited Uses

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (1) for any illegal or malicious purpose; (2) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (3) to infringe or violate our intellectual property rights or the intellectual property rights of others; (4) to harass, abuse, insult, harm, defame, disparage, intimidate, or injure any of our employees or any other person; (5) to disseminate false or misleading information; (6) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (7) to send or cause to be sent any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (8) to impersonate or attempt to impersonate any other person or entity; or (9) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Herborigen, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (2) copy, reproduce, extract, sell, resell, or exploit any portion of the Services; (3) collect or track the personal information of others; (4) send spam, phishing emails, pretext, or abuse the Services under false pretenses; (5) use any robot, spider, crawler, data collection and extraction tool, automated device or process, AI tool (such as agentic AI), or automated or manual means to access the Services; or (6) interfere with, bypass, or circumvent any security, authorization feature, robot exclusion header, or other measure we employ to restrict access to the Services. If we believe you have violated any portion of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Service. "Agent" means any software or service that can take autonomous or semi-autonomous action on behalf of or at the direction of any person or entity, and can perform or use a person's device on behalf of the person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates strictly in accordance with Section 14.4 below. Furthermore, no Agent may access, use, or interact with any Service if we have requested that the Agent not access, use, or interact with such Service.

14.3 We may restrict any Agent's access to, use of, and interaction with the Services, including through technical measures.

14.4 An Agent must: (1) identify that the request comes from an Agent in all HTTP/HTTPS requests, and disclose the Agent's name by including the following in the request's User-Agent string: "Agent/[Agent Name]"; (2) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish computers from humans; (3) truthfully answer any question or prompt designed to determine whether an interaction originates from a human or a computer; and (4) not circumvent or otherwise evade any measure designed to prevent, limit, modify, or control how an Agent may access, use, or interact with the Services.

Section 15 - Termination

We may, in our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) at any time without notice, provided that you remain liable for all amounts due up to and including the date of termination.

Upon termination of the Terms, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

Section 16 - Disclaimer

The information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Unless expressly stated otherwise by Herborigen, the Services and all products provided through the Services are provided to you "as is" and "as available" without any representation, warranty, or condition of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimer may not apply to you.

Section 17 - Limitation of Liability

To the maximum extent permitted by law, in no event shall Herborigen, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify and its affiliates, 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, or for any other claim related in any way to your use of the Services or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of the possibility of such damages.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Herborigen, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys' fees) payable to any third party arising out of or resulting from: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of any third party; or (3) your access to and use of the Services.

We will notify you of any claim requiring indemnification, but our failure to notify you promptly does not relieve you of your indemnification obligations unless you are materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that requires you to assume any non-monetary obligation without your consent (which you may not unreasonably withhold). You shall cooperate in the defense of any claim requiring indemnification, including by providing relevant documents.

Section 19 - Severability

If 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 severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure 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 and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 - 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 shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms of Service and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts of the jurisdiction where Herborigen's headquarters is located. You and Herborigen agree to submit to the jurisdiction of and to trial in the above-mentioned courts and accept personal jurisdiction of such courts over you.

Section 23 - Headings

The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. 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 25 - Contact Information

If you have any questions about the Terms of Service, please send your inquiries to our email: smith20190201@gmail.com.

Our contact information is as follows:

[Trading Name]
smith20190201@gmail.com
[Business Address]
[Company Phone Number]
[Business License Number]
[VAT Number]