Terms of Service
This End User License Agreement and Terms of Service (collectively, these "Terms") constitutes a legal agreement between Herbar Ltd. doing business as Herbar ("Herbar", "we", "our", or "us") and you that governs your access to our website ); our website at https://herbarofficial.com/ ("Site"); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this End User License Agreement and Terms of Service is provided (c. These Terms are a legally binding contract between you and Herbar regarding your use of the Service.
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
Access to Services- By accessing the Services, you warrant that:You are legally capable of entering into binding contracts;
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information; and
Your use of the Services does not violate any applicable law or regulation.
Payment Processer; Third Party Service Provider- In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Services only comes into being when we take receipt of your purchase of the Services. Prices include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Services for commercial purposes.
Payment Cancellation- You may cancel your order before shipment by contacting us using the contact information provided below. Your cancellation will take effect as soon as possible; provided, orders cannot be canceled once the product ships.
Resell- The products offered are for end users only. Resellers' orders can be cancelled especially in case of price campaigns.
Refund Policy- Things change and we understand that at Herbar. If you would like a refund, let us know within 15 days of purchase and we will happily help you with this situation.
Changing Fees and Charges- We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.
Cancellations by Herbar- We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
Eligibility; User Restrictions- We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Conclusion of the Contract- This contract applies to beauty commerce of the aforementioned online store identified previously. The offers displayed on the web page invite the customer to offer a bid, which the Seller can accept. The order transaction that leads to the conclusion of contract comprises the following steps:
Selection of the desired specifications (e.g. size, color, quantity, etc.)
Placing the offer into the shopping cart
Clicking the -Checkout- option
Entering the billing address and shipping address
Selection of carrier
Selection of payment method
Review of order and information provided, with option to make revisions to the order
Confirmation of the order and acceptance of costs by clicking -Place Your Order-
Email confirming receipt of order
Orders can be placed via telephone and email. The following steps lead to the conclusion of the contract:
Calling the Seller or forwarding the confirmation email to the Seller
Email confirming receipt of order and availability of item(s) for delivery. The ordering process will be fully executed upon receipt of the final the confirmation email, which can also be sent via post or fax.
The Right of Non-Delivery- In case of non-availability of the goods and services promised, the Seller reserves the right of non-delivery. In such a case, no claims can be made against the Seller.
Costs, Forwarding Expenses, Return Shipping Costs- Prices valid on the day of order are applicable. Prices are gross prices, indicated in Euro and containing the legal VAT. Further expenses will be incurred according to the mode of shipment, shipping address, and payment method. These costs will be displayed prior to the placement of the order. Should the customer be entitled to return the purchased item(s) and receive a refund, and the customer wishes to do so, the customer will be responsible for all shipping the goods to us.Subsequent deliveries are made free of charge. If customs, import duties, or similar fees are levied due to shipment outside of the EU, the customer will be responsible for such costs. The Seller has no bearing on any of these costs and cannot foretell the amount of expenses.
Use of the Services; Restrictions on Use- We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
Express or imply that any statements you make are endorsed by Herbar;
Scrape the Services or use other automated or manual means to take our content without our express prior written consent;
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
Run any form of auto-responder or “spam” on the Services;
Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
Otherwise take any action in violation of these Terms.
Links to Third Party Websites- We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Intellectual Property- Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio, still or video content from Herbar not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the European Union, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at email@example.com.
Health - The EU Cosmetic Products Regulation has not evaluated any statements or materials on our site nor products we sell and distribute through our online store. Our products on the website and online store should not be expected to diagnose, treat, cure, or prevent any diseases. We provide information and materials on our site strictly for educational purposes; you should not use anything from our site as a substitute for professional medical advice or care. Our information is not intended to treat or diagnose any health issues or illnesses. Consult your doctor before consuming if you are breastfeeding, pregnant.
Availability of the Services- Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
Third Party Materials and Content- You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for Herbar allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Warranty Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) euros 500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification- You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.
Governing Law- No matter where you’re located, the laws of Portugal will govern these Terms and the relationship between you and the Company as if you signed these Terms in Portugal, without regard to Portuguese conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Portugal for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
Arbitration- At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the Portuguese Association. The arbitration shall be seated in Portugal.
Conditions of Payment- Only the following methods of payment are available to the customer:
payment in advance, payment service provider (PayPal), credit card (Mastercard and Visa only). No other methods of payment are offered and will thus be refused.
Upon receipt of the invoice which indicates all bank details needed, the amount invoiced has to be transferred to the account specified on the invoice. The invoice will be sent via email. It is mandatory to name the order number as this is needed in order to successfully process the order transaction. The order will be processed upon receipt of payment. Depending on the receipt of payment, the delivery period may be extended by 2-5 days. When choosing an escrow service/payment service provider (PayPal), Seller and customer can handle the payment directly between each other. In this case, the service provider (PayPal) will forward the customer's payment to the Seller. Further information can be found at: www.paypal.com.
When settling a bill via credit card, the customer must be the card holder. Our secure payment site will ask the customer to enter the credit card details. After successful verification of the card, the invoiced amount will be debited. The order will be completed after the successful transaction of the amount of invoice.
A customer's right of lien is excluded unless the contractual relationship results from and is based on the same contract. The customer is not entitled to set-off unless the claims are undisputed or subject of a final court ruling.
Terms of Delivery- Goods will be shipped upon receipt of payment. The Seller retains the right to choose the route of transport, mode of transport, and possible partial delivery, as long as such options are reasonable. If the customer has given a false, incomplete or unclear shipping address, the customer will be responsible for all costs generated. The Seller will send the goods either from its own warehouse, or the order will be shipped by the manufacturer. The delivery period shall not exceed 30 days for goods currently in stock. The customer will be given notice in case of delays to order fulfilment. If the Seller faces lasting obstacles to delivery, especially in case of “Force Majeure” or supply delivery problems despite its best efforts, the Seller retains the right to cancel the contract. The client will be informed about any such cancellation immediately, and any benefits received, specifically payments, will be refunded.
Transfer of Risk and Additional Contract Particulars- If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon transfer of the goods or at the moment in which the customer is in default of acceptance.
In all remaining cases the risk of accidental loss and accidental deterioration of the goods passes with the transfer, in the case of sales shipment with the handing over of the goods to the forwarding agent, carrier or person or body specified to carry out shipment, to the entrepreneur.
The General Terms and Conditions are to be found on and can be accessed via the carrier's web page.
Unless the 'confirmation' option is clicked, the order transaction can be revised. Should the delivery fail despite 3 delivery attempts caused by customer's fault, the Seller reserves the right to withdraw from the contract. Any benefits received, specifically payments, will be refunded immediately.
Assignment and Pledge Ban- No claims or rights of the customer can be transferred or pledged to a third party without the Seller's consent, unless the customer can provide proof for the legitimacy of the wish to assignment or pledging.
Severability- If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Entire Agreement- These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
Force Majeure- We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Waiver- If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Release- You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively, “Claims”). This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.
Comments, Concerns and Complaints- All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com