Terms of service
OVERVIEW
Welcome to Purely Herbal Tea! Purely Herbal Tea LLC, a Florida limited liability company (“Purely Herbal Tea,” “we,” “us,” or “our”) operates this website and online store, including all related information, content, features, tools, products and services in order to provide you, the customer, with a premium shopping experience (the “Services”). We're powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence (typically 18 years old in the U.S.), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is true, current and complete, and that you have all rights necessary to provide this information. You agree to promptly update such information if it changes. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to provide accurate representations of our products and services in our online store. However, please note that colors, textures, or product appearance may differ from how they appear on your screen due to device settings, lighting, and configuration. Because our products are made from natural botanicals, variations in color, aroma, flavor, or texture may occur and are expected. We do not warrant that the appearance, taste, or quality of any products or services purchased by you will be identical to images or descriptions, or will meet your personal expectations. It is your responsibility to review all ingredient information and consult a healthcare professional if you have concerns about allergens, sensitivities, or interactions. All descriptions of products 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 may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
Health Disclaimer: The statements made regarding our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Individuals with health conditions, those taking medications, or women who are pregnant or nursing should consult a healthcare professional before using herbal products.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Purely Herbal Tea reserves the right to accept or decline any order, in whole or in part, at our sole discretion. Your order is not accepted until we send you an order confirmation email. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. All orders are final once accepted, subject only to our Refund Policy. We may be unable to accommodate cancellation or change requests after acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. All sales and transactions made through the Services are between you and Purely Herbal Tea LLC, the seller of record. We reserve the right to cancel or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SECTION 4 - PRICES AND BILLING
All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service shall be the price in effect at the time the order is placed and will be set out in the applicable order confirmation. Unless expressly stated otherwise, posted prices exclude taxes, shipping, handling, customs duties, and import charges. Prices posted in the online store may differ from prices offered in physical stores or other sales channels. From time to time, Purely Herbal Tea may offer promotions that affect pricing. Such promotions are subject to terms and conditions separate from these Terms, and in the event of a conflict, the promotional terms shall govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions, and to promptly update such information as necessary to complete transactions and permit Purely Herbal Tea to contact you as needed. You represent and warrant that: (i) the credit card or other payment method information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, taxes, and any applicable duties. Purely Herbal Tea reserves the right to correct any errors, inaccuracies, or omissions in pricing or billing, and to cancel any orders placed at an incorrect price, even if an order confirmation has been issued. If payment cannot be verified, is invalid, or otherwise unacceptable, Purely Herbal Tea may suspend or cancel the order at its discretion.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. Purely Herbal Tea shall not be liable for any shipping or delivery delays, regardless of cause. We are not responsible for delays caused by carriers, customs processing, governmental actions, weather events, or other circumstances beyond our control. Title and risk of loss to products pass to you upon transfer of the products to the carrier. Once products are in the carrier’s possession, all claims for loss, damage, or non-delivery must be made directly with the carrier. You are solely responsible for providing a complete and accurate delivery address. Purely Herbal Tea shall not be responsible for non-delivery, mis-delivery, or delays due to inaccurate or incomplete address information provided by you.
SECTION 6 - INTELLECTUAL PROPERTY
All content and materials provided through the Services, including but not limited to all trademarks, brands, trade names, trade dress, trade secrets, text, displays, images, graphics, product reviews, video, audio, software, and the design, selection, and arrangement thereof, are the exclusive property of Purely Herbal Tea, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, trademark, trade secret, and other intellectual property laws. These Terms permit you to access and use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of the Services for commercial purposes without Purely Herbal Tea’s prior written consent. Except as expressly provided herein, nothing in these Terms shall be construed as granting any license or right under any patent, trademark, copyright, or other intellectual property of Purely Herbal Tea, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal, state, or international intellectual property laws. All rights not expressly granted herein are reserved by Purely Herbal Tea. The names, logos, product and service names, designs, and slogans of Purely Herbal Tea are trademarks of Purely Herbal Tea or its affiliates or licensors and may not be used without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools, software, or functionality offered by third parties as part of the Services, which Purely Herbal Tea does not monitor, control, or influence. You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement by Purely Herbal Tea. Purely Herbal Tea shall have no liability whatsoever arising from or relating to your use of optional third-party tools, including without limitation for any loss of data, revenue, or business. Any use by you of optional tools made available through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and policies on which tools are provided by the relevant third-party provider(s). You acknowledge that your relationship with such third-party providers is independent of Purely Herbal Tea. Purely Herbal Tea may also, in the future, offer new features, tools, or resources through the Services (including the release of new software or integrations). Such new features shall be deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to websites, content, or functionality provided or operated by third parties. Purely Herbal Tea does not control and is not responsible for examining, evaluating, or warranting the content, accuracy, policies, practices, or availability of any third-party materials or websites you choose to access. Inclusion of any third-party link does not imply affiliation, endorsement, or sponsorship by Purely Herbal Tea. If you decide to access third-party websites, you do so entirely at your own risk. Purely Herbal Tea shall not be liable for any harm, loss, or damages of any kind arising out of or relating to your use of third-party websites, products, services, resources, or content, including without limitation any damages resulting from viruses, malware, data breaches, inaccurate information, or transactions with third parties. You are solely responsible for reviewing and understanding the third-party’s policies and practices before engaging in any transaction and for complying with all applicable laws when using such third-party sites. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to the applicable third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Purely Herbal Tea is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Purely Herbal Tea. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Purely Herbal Tea, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Purely Herbal Tea.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details 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, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant Purely Herbal Tea a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback, in whole or in part, in any form or medium now known or later developed, for any purpose, including without limitation for commercial purposes. You hereby waive any moral rights or rights of attribution in such Feedback to the maximum extent permitted by law. You represent and warrant that: (i) you own or otherwise control all rights necessary to provide the Feedback; (ii) you have disclosed any compensation, incentives, or material connections in connection with the submission of Feedback; and (iii) your Feedback complies with these Terms. You acknowledge and agree that Purely Herbal Tea shall have no obligation (1) to maintain your Feedback in confidence; (2) to compensate you for any Feedback; or (3) to respond to any Feedback. Purely Herbal Tea may, but has no obligation to, monitor, edit, or remove Feedback that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property or these Terms. You further agree that your Feedback will not violate any rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights; that it will not contain libelous, unlawful, abusive, or obscene content; and that it will not contain any virus, malware, or other harmful code. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. You agree to indemnify and hold Purely Herbal Tea harmless from and against any claims, damages, or liabilities arising from or related to your Feedback. Purely Herbal Tea assumes no responsibility and disclaims all liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may contain typographical, technical, photographic, or other errors, inaccuracies, or omissions, including but not limited to those relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Purely Herbal Tea reserves the right, at any time and without prior notice, to correct any such errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information on the Services or in any related advertising, marketing, or packaging is inaccurate (including after you have submitted your order or received confirmation). In such event, any amounts paid will be refunded. Purely Herbal Tea undertakes no obligation to update, amend, or clarify information on the Services, including without limitation pricing information, except as required by law. No specified update or refresh date applied on the Services shall be taken to indicate that all information has been modified or updated.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate the intellectual property rights of Purely Herbal Tea, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees, contractors, customers, or any other person; (e) to transmit false, deceptive, or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unauthorized advertising or promotional material, including without limitation “junk mail,” “chain letters,” “spam,” or any other solicitation; (h) to impersonate or attempt to impersonate Purely Herbal Tea, Shopify, an employee, another customer, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Purely Herbal Tea in its sole discretion, may harm Purely Herbal Tea, Shopify, or users of the Services, or expose them to liability. In addition, you agree not to: (a) upload or transmit any viruses, Trojan horses, worms, logic bombs, or other malicious code that could in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect, harvest, or track the personal information of others without consent; (d) spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise use bots, scripts, or automated tools to access the Services; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. Any attempt to interfere with the proper working of the Services constitutes a violation of these Terms. Purely Herbal Tea reserves the right, in its sole discretion and without liability, to suspend, disable, or terminate your account or access to the Services at any time, without notice, if it determines that you have violated any part of these Terms.
SECTION 14 - TERMINATION
Purely Herbal Tea may, in its sole discretion and without liability, suspend or terminate this Agreement or your access to the Services (in whole or in part) at any time and without prior notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination. The following provisions shall survive termination or expiration of this Agreement: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, Payment Obligations, and any other provisions that by their nature are intended to survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. Purely Herbal Tea does not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. Purely Herbal Tea disclaims all liability and responsibility arising from any reliance placed on such materials by you, by any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY PURELY HERBAL TEA IN WRITING, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. PURELY HERBAL TEA DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS WILL MEET YOUR EXPECTATIONS, OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PURELY HERBAL TEA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PURELY HERBAL TEA, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, OR (II) ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR (III) ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PURELY HERBAL TEA’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PURELY HERBAL TEA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Purely Herbal Tea, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, actions, suits, proceedings, judgments, settlements, penalties, costs, and expenses (including without limitation reasonable attorneys’ fees and costs of investigation, litigation, and enforcement) arising out of or relating to: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any applicable law, regulation, or the rights of any third party; or (3) your access to, use of, or activities in connection with the Services. Purely Herbal Tea will notify you of any indemnifiable claim, provided that failure to promptly notify you shall not relieve you of your obligations unless you are materially prejudiced. Purely Herbal Tea may, at its sole discretion and at your expense, assume control of the defense and settlement of any indemnifiable claim, including selection of counsel. Purely Herbal Tea shall not settle any claim requiring non-monetary obligations from you without your prior written consent, which shall not be unreasonably withheld. You agree to cooperate fully in the defense of any indemnifiable claim, including by promptly providing all relevant documents, records, and assistance. This indemnification obligation shall survive termination of these Terms and your use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable in any jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions, which shall remain in full force and effect. The parties further agree that any such unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Purely Herbal Tea to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, nor shall any waiver be deemed a further or continuing waiver of such term or any other term. These Terms of Service, together with any policies or operating rules posted by Purely Herbal Tea on the Services, constitute the entire agreement and understanding between you and Purely Herbal Tea with respect to the Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Purely Herbal Tea (including without limitation any prior versions of the Terms of Service). These Terms may not be amended except in writing by Purely Herbal Tea. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement, these Terms, or any of your rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law, merger, change of control, or otherwise, without the prior written consent of Purely Herbal Tea. Any attempted assignment, transfer, or delegation in violation of the foregoing shall be null and void. Purely Herbal Tea may transfer, assign, or delegate these Terms and any of its rights or obligations hereunder, in whole or in part, to any affiliate, successor, or third party, without notice to or consent from you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby Purely Herbal Tea LLC provides you Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws rules that would result in the application of the laws of another jurisdiction. You and Purely Herbal Tea LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, and you hereby waive any objection to such jurisdiction or venue on grounds of inconvenient forum or otherwise.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page. Purely Herbal Tea reserves the right, in its sole discretion, to update, change, or replace any part of these Terms, including without limitation pricing, policies, and operating rules, by posting updates or changes to the Services. It is your responsibility to check the Services periodically for changes. Purely Herbal Tea will notify you of any material changes to these Terms in accordance with applicable law, which may include posting a notice on the Services or sending an email to the address associated with your account. Unless otherwise specified, such changes shall be effective immediately upon posting. Your continued access to or use of the Services after changes have been posted constitutes your acceptance of the modified Terms. All changes are binding on you once posted, whether or not you have reviewed them.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Purely Herbal Tea support@purelyherbaltea.com. Legal notices to us must be sent to:
Purely Herbal Tea LLC
P.O. Box 880042
Boca Raton, FL 33488
United States