TERMS AND CONDITIONS (“TERMS”)
Last updated: 01/01/2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully
before using the Phoenix Herb LLC website (the “Service”). Your access to and use
of the Service is conditioned upon your acceptance of and compliance with these
Terms. These Terms apply to all visitors, users and others who wish to access or use
the Service. By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms then you do not have permission to access
If you wish to purchase any product or service made available through the Service
(“Purchase”), you may be asked to supply certain information relevant to your
Purchase including, without limitation, your credit card number, the expiration date of
your credit card, your billing address, and your shipping information. You represent
and warrant that: (i) you have the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you supply to
us is true, correct and complete. The service may employ the use of third party
services for the purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the information to these
your order at any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service, error in your
order or other reasons. We reserve the right to refuse or cancel your order if fraud or
an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may
experience delays in updating information on the Service and in our advertising on
other web sites. The information found on the Service may contain errors or
inaccuracies and may not be complete or current. Products or services may be mis-
priced, described inaccurately, or unavailable on the Service and we cannot guarantee
the accuracy or completeness of any information found on the Service. We therefore
reserve the right to change or update information and to correct errors, inaccuracies,
or omissions at any time without prior notice.
Refund and Return Policy
Effective immediately (01/01/2021) we will no longer offer refunds. Due to Covid-
19/ Corona Virus Pandemic and the safety of all our customers we will not accept
returns of products that have left our facility. We appreciate your understanding with
the situation. Cancelled orders that have not left our facility will incur a 15%
restocking fee. This fee is to cover the cost of restocking and any processing fees we
may have incurred.
We sell all-natural products, variations in color, texture, flavor, and scent may be
present. Images on the website may not be current, and not representative of the
cut, color, consistency, texture, or size of the actual product to be shipped.
Natural variations, and variations due to processing, are normal for/from
natural products, and product images may not reflect accurately the current cut,
color, or texture of the product. Product labels for packaged products may be
changed without notice, and actual product packaging may not be the same as
represented in the image.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned
or controlled by Phoenix Herb LLC. Phoenix Herb LLC has no control over, and
assumes no responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites. You acknowledge and agree that Phoenix Herb
LLC. 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 such
content, goods or services available on or through any such third party web sites or
services. We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of the Terms. All provisions of the
Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
You agree to defend, indemnify and hold harmless Phoenix Herb LLC. and its
licensee and licensors, and their employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney’s fees), resulting from or
arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Phoenix Herb LLC, nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use, goodwill, or
other intangible losses, resulting from (i) your access to or use of or inability to access
or use the Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or alteration
of your transmissions or content, whether based on warranty, contract, tort (including
negligence) or any other legal theory, whether or not we have been informed of the
possibility of such damage, and even if a remedy set forth herein is found to have
failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS”
and “AS AVAILABLE” basis. The Service is provided without warranties of any
kind, whether express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement or course of
performance. Phoenix Herb LLC its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c) the Service is
free of viruses or other harmful components; or d) the results of using the Service will
meet your requirements.
These Terms shall be governed and construed in accordance with the laws of
Missouri, United States, without regard to its conflict of law provisions. Our failure to
enforce any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service, and supersede and
replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any
time. What constitutes a material change will be determined at our sole discretion. By
continuing to access or use our Service after any revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the new terms, you are
no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.