Terms of service
This Terms of Service (ToS) is designed specifically for Herbs of the Earth operating in the Philippines. It incorporates robust protections for a wellness and e-commerce brand, limiting your liability regarding health claims, structuring strict payment/delivery terms, protecting your intellectual property, and establishing legal jurisdiction in Metro Manila.
HERBS OF THE EARTH β TERMS OF SERVICE
Welcome to Herbs of the Earth
This website (the "Site") is owned and operated by Herbs of the Earth. Throughout the Site, the terms βweβ, βusβ and βourβ refer to Herbs of the Earth. By accessing, browsing, or purchasing from our Site, you (the "User" or "Customer") agree to be bound by the following terms and conditions (βTerms of Serviceβ, βTermsβ), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.
Please read these Terms of Service carefully before accessing or using our website. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes.
1. Eligibility and Account Security
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or region of residence.
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Account Responsibility: If you create an account on our Site, you are solely responsible for maintaining the confidentiality of your account credentials and password. You agree to accept responsibility for all activities that occur under your account.
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Right to Refuse Service: We reserve the absolute right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, without prior notice, if we suspect fraudulent activity, unauthorized use, or a breach of these Terms.
2. No Medical Advice / Product Disclaimer
The content, products, and information found on this Site are intended solely for general wellness and nutritional educational purposes.
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Not a Substitute for Medical Care: The dietary supplements and wellness products offered by Herbs of the Earth are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
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Consult a Professional: Always consult with a licensed physician or healthcare professional before starting any supplement regimen, especially if you have a pre-existing medical condition, are pregnant, or are nursing.
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Reliance on Information: Any reliance on the statements or informational materials presented on this Site is strictly at your own risk. Product descriptions and formulations are subject to change without notice based on manufacturing improvements and regulatory updates.
3. Accuracy of Pricing, Products, and Billing
We endeavor to ensure that all descriptions, images, and pricing of products are accurate, but clerical errors may occur.
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Price & Stock Adjustments: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service without liability to you or any third party.
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Order Limitations: We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order (including orders placed by or under the same customer account, credit card, and/or billing/shipping address).
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Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
4. Shipping, Delivery, and Transfer of Risk
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Delivery Partners: Logistics are handled via trusted third-party courier services within the Philippines. Estimated delivery dates are approximations and are not guaranteed. Herbs of the Earth shall not be held liable for delayed deliveries caused by courier operational backlogs, severe weather, or force majeure events.
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Transfer of Risk & Title: Title to the products and risk of loss or damage passes to you, the customer, upon our successful handover of the parcel to the third-party courier service.
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Unboxing Video Policy: To protect against transit pilferage or damage, customers are strictly advised to record a continuous, unedited unboxing video upon receiving the package. This serves as critical verification should a logistics dispute arise.
5. Returns, Refunds, and Cancellation
All purchases made through this Site are subject to our Return and Refund Policy.
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As dictated by Philippine law, a "Change of Mind" or buyer's remorse does not entitle a customer to a return, exchange, or refund.
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Once an order has been approved, packed, or handed over to the courier, cancellation requests will not be entertained.
6. Intellectual Property Rights
All content included on this Siteβsuch as text, graphics, logos, button icons, images, digital downloads, data compilations, product formulations, and brand namesβis the exclusive property of Herbs of the Earth or its content suppliers and is protected by Philippine and international copyright, trademark, and intellectual property laws.
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You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, or in any way exploit any of the content, in whole or in part, without explicit, written authorization from us.
7. Prohibited Uses of the Site
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
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For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
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To violate any international, national, or local regulations, rules, or laws.
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To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
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To upload or transmit viruses, malware, 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 Site.
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To harvest or track the personal information of others or engage in spamming or phishing activities.
8. Limitation of Liability and Indemnification
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Disclaimer of Warranties: We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
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Limitation: To the maximum extent permitted by Philippine law, Herbs of the Earth, our directors, officers, employees, and affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kindβincluding lost profits, lost revenue, or replacement costsβarising from your use of the site or any products procured through the site.
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Indemnification: You agree to indemnify, defend, and hold harmless Herbs of the Earth and our affiliates, partners, officers, and employees from any claim or demand, including reasonable attorneysβ fees, made by any third party due to or arising out of your breach of these Terms of Service.
9. Governing Law and Dispute Resolution
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the Republic of China/Philippines, specifically complying with the Consumer Act of the Philippines (R.A. 7394) and the E-Commerce Act (R.A. 8792).
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Venue: Any legal action, suit, or proceeding arising out of or relating to these Terms or purchases made on this Site shall be instituted exclusively in the competent courts of Metro Manila, Philippines, to the exclusion of all other venues.
10. Contact Information
Questions about the Terms of Service should be sent to us through our official customer care channels or corporate email address listed on our Contact Us page.
