YUCATAN HERBAL – TERMS & CONDITIONS

Last updated: March 27, 2020

Acceptance of these Terms & Conditions

Welcome to Yucatan Herbal!

Yucatan Herbal and the yucatanherbal.com website (“Site”) is owned and operated by Yucatan Herbal. 

The Site offers consumers a convenient way to find, learn about, and purchase products from us.  These Terms & Conditions together with any other documents referred to in them such as our Consumer Privacy Policy (the “Privacy Policy”) and our Cookie Policy <www.yucatanherbal.com/cookie-policy/>, (collectively, the “Terms”) apply to your use of the Site, whether as a guest or registered user, including any content, functionality, and services offered on or through this Site (the “Services”).

Please read these Terms carefully before using the Site or any Services.  By using the Site or any Services, or by clicking to accept or agree to the Terms when that option is made available, you accept and agree to be bound and abide by these Terms (including the Privacy Policy).   If you do not agree to the Terms and/or Privacy Statement, you must not use the Services.

Modification of This Agreement

From time to time, we may change these Terms in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  It is our policy to post any changes we make to these Terms on this page with a notice on the Site’s home page.  You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those revisions.

Basic Terms

You may use the Services only if you are at least 13 years of age.  We do not knowingly market or sell products for purchase by children. You may buy items from us if you are legally capable of forming a binding contract with us (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, Canada, or any other applicable jurisdiction. By using this Services, you represent and warrant that meet these requirements.  If you do not meet these requirements, you must not access or use the Website or any of the Services.

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. 

The Services and products that we offer are always evolving, and their form and nature may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) offering the Site or Services (in whole or in part) to you or to users generally, without any prior notice or liability to you.

Content That You Submit

You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof.  Please be aware that any content you submit, post, or display on the Services (including product reviews, or the items you select as part of “Saved Items”) (“Your Content”) will be able to be viewed by other users of the Services and through third party services and websites.  You should only provide Your Content if you are comfortable sharing with others under these Terms.

By submitting, posting or displaying Your Content on or through the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute Your Content in any and all media or distribution methods (whether now known or later developed).  You agree that this license includes the right for us to make Your Content available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution or publication of Your Content on other media and services.  You will not be entitled to any compensation for the use of Your Content.  You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media.

We are under no obligation to use, post or disseminate any of Your Content, and we have the absolute right to remove any of Your Content from the Services in our sole discretion at any time.

Your Rights to Use the Services

We give you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.

The rights in the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, or make a derivative work from the software in the Services.

Payment Options

We currently accept the following payment methods:

Visa, MasterCard, Maestro, American Express, JCB, Discover, Diners Club, Union Pay.

Product Information

Making A Purchase Through the Services

If you wish to purchase products or use certain Services, you will be asked to supply certain information, including but not limited to credit card or other payment information. You warrant that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected in the jurisdictions where we are required to collect taxes.

We only sell products to individuals who can purchase with a permitted payment method.

You are permitted to purchase products or services through the Services only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. Accessing the Services from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered through the Services.

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.

Order Acceptance Policy

The advertisement of any product through the Services does not constitute an offer to sell. When you place an order through the Services, you make an offer to buy the relevant products.  Your order or your receipt of an electronic or other form of order confirmation does not constitute our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order, as determined by us in our sole discretion.

Order Limitation Policy

Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.

Pricing and Availability

All prices and availability of products are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information on pricing and availability. However, some of the items on our web site may be mis-priced or no longer available at the time you place your order.

In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

If an item you have ordered is not available because it is temporarily out of stock, we will handle the issue as described in our Pre-order Policy. If we do not believe that we will be able to fill your order at any time (such as, for example, if we have discontinued production of the item you ordered), we will notify you of the same by email and we will cancel your order for that item.

Product Descriptions

All information presented through the Services is intended to be used for personal, educational or informational purposes only.  You are responsible for seeking the advice of appropriate professionals concerning information, opinions, and products available through the Services. Our products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Minors should use our products only with the permission of a parent or legal guardian.

Products may vary slightly from their pictures. The images of the products on the Services are for illustrative purposes only.  We use reasonable care to ensure that the details, descriptions, images, and prices appearing on the Services are correct at the time the information was entered onto the system. However, we do not warrant that the product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. Where appropriate, any colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.

Pre-order Policy

Pre-ordered items are not yet in stock but available for advanced purchase on our site. These items are shipped as soon as they are available. Please be assured that you will not be charged for any item until it has shipped. Please note: The actual delivery date of your order depends on the shipping method you select. If for any reason you wish to cancel a pre-ordered item prior to its shipment, please contact us at info@yucatanherbal.com and we will be happy to assist you.

Shipping Policy

We strive to ship your order as quickly as possible. However, our shipping estimates are not guaranteed or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.

Sorry, we are unable to ship to P.O. Boxes or APO addresses. All items must be shipped to a valid street address and shipping charges are based upon the shipment option you select at Checkout.

Shipping to USA

Orders will be shipped to addresses within the 50 states of the United States of America.

We charge a flat rate of $5 (USD) for Domestic Expedited Delivery (1-3 Business Days).

Most packages will be shipped via USPS (United States Postal Service). However, we may use other shipping carriers such as FedEx, UPS, DHL in our discretion. 

Notes:

• Your order will be shipped after your payment has been approved and/or any other necessary verification has been completed.
• To be shipped the same day, your order must be submitted, and such approval and verifications completed by no later than 12 pm Eastern/ 9am Pacific.
• Addresses in Hawaii, Puerto Rico and remote areas may require additional transit time.
• Shipping Methods and Rates are subject to change from time to time.

Shipping to Canada

We charge a flat rate of $15 (CAD) for Expedited Delivery (1-3 Business Days).

Most packages will be shipped via FedEx. However, we may use other shipping carriers such as UPS, DHL in our discretion. 

Shipping to ROW

At the moment, we don’t ship to the rest of the world.

Risk of Loss

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Return Policy; Return and Refunds Procedures

We want to ensure your complete satisfaction so we will happily accept returns in accordance with the following Return Policy:

Defective, damaged or incorrect items:

• All returns and exchanges must be pre-authorized by our Customer Services and require a return authorization number. Please contact us at info@yucatanherbal.com. to receive your return authorization (if eligible) and instructions.
• You must have purchased the item from us at www.yucatanherbal.com.
• If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges, and we will not charge any restocking or other fee in connection with the return. In addition, you will receive a full refund for the item, as described in our Refund Procedures.
• To obtain a refund, the item must be returned to us, unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, with all accessories, within 15 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
• We cannot accept items back that have been opened or used unless the item was received by you in a damaged or defective condition.
• Damaged or defective items returned without their original packaging will not receive a refund.

Other returns:

• All returns and exchanges must be pre-authorized by Customer Services and require a return authorization number. Please contact us at info@yucatanherbal.com to speak to a Customer Service Representative and receive your return authorization (if eligible) and instructions.
• You must have purchased the item from us at www.yucatanherbal.com.
• For all returns other than damaged, defective or incorrectly shipped items (see above), you will be responsible for the shipping charges to return the item.
• To obtain your refund, the item must be returned to us, unopened and in its original packaging, with all accessories, within 15 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.

Return Procedures

To return an item:

• All returns and exchanges must be pre-authorized by Customer Services and require a return authorization number. Please contact us at info@yucatanherbal.com with your order number to receive your return authorization (if eligible) and instructions.
• If eligible, Customer Services will provide you with a link to a return label, which you will be required to print and affix to the package.
• Securely pack the item(s) you are returning and include a copy of your original packing slip in an appropriately sized box.
• Affix the shipping label on the package to be returned.
• After we receive, inspect and process your return, a refund will be issued in accordance with our Refund Procedures below.

Refund Procedures

If you are entitled to a refund in connection with a return, the following conditions will apply:

• Your refund will be in the form of payment used for the purchase.
• The amount refunded will be the purchase price paid by you for the returned item (which reflects the amount of any discounts, promotions or coupons that you received), including sales tax charged with respect to the item.
• Credits will be issued after we receive, inspect and process your return. Please allow time for the returned item to be delivered to us, for us to inspect and process the return, and for the credit card issuer to credit your account. Your credit card company determines when the credit will be reflected in your statement. It may take one full billing cycle for the credit to appear on your account.

Un-deliverable Shipments

Occasionally, shipments to customers are returned to us as undeliverable. For example, this may happen when the address is incorrect, or the customer refuses to accept a shipment, or the carrier is unable to deliver after multiple attempts.

From the USA – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of $5 (USD) per package returned. We will also issue a refund reduced accordingly by the $5 (USD) package return fee, as described in our Refunds Procedures.

From Canada – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of $15 (CAD) per package returned. We will also issue a refund reduced accordingly by the $15 (CAD) package return fee, as described in our Refunds Procedures.

From the UK – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of £3 per package returned. We will also issue a refund reduced accordingly by the £3 package return fee, as described in our Refunds Procedures.

From Europe – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of 6€ per package returned. We will also issue a refund reduced accordingly by the 6€ package return fee, as described in our Refunds Procedures.

We will not issue you a refund if the return shipment fee exceeds the original purchase price plus sales tax charged of the item(s) in your undeliverable shipment.

Code of Conduct

By accessing or using any Services, including but not limited to, when submitting any of Your Content to the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

1. Post any information known by you to be false, inaccurate or misleading.
2. Post or transmit any content that contains or advocates hate or racism or that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Services, as determined by us.
3. Post or transmit defamatory, libelous or slanderous content.
4. Post or transmit any content that infringes another person or entity’s copyright, trademark, right of publicity or other proprietary right or violates any applicable law. Any person determined by us, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Services.
5. Post any content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
6. Post any content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way.
7. Post any content for which you were compensated or granted any consideration by any third party.
8. Post any third-party web sites, addresses, email addresses, contact information or phone numbers.
9. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services or use or access to the Services.
10. Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
11. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
12. Impersonate another person or entity.
13. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
14. Solicit personally identifiable information from or exploit children.
15. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme.
16. Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site.
17. Gain unauthorized access to any computer system or non-public portion of the Services or interfere with or disrupt the Services or the servers or networks connected to the Services.
18. Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Services’ users.
19. Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

We cannot and does not assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Contents of The Services- Disclaimer

The intellectual Property rights in all software and content (including photographic images) made available to you on or through the Services remain our property and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Services nor may you use any such content in connection with any business or commercial enterprise.

The Content (including any graphics, software, recommendations or other materials) and any materials made available through the Services are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Services could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. We undertake no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Operation 0f The Web Sites – Disclaimer

We endeavor to maintain the Services and their operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Services.  We offer the Services as-is.  As to the operation of the Services, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We makes no warranty that (i) the operation of the Services will meet the user’s requirements; (ii) access to the Services will be uninterrupted, timely, secure, free of viruses, worms, Trojan Horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; or (iv) defects will be corrected. You (and not us) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Services. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Links from The Services

If the Services include links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Limitation of Liability; Exclusion of Damages

To the fullest extent provided by law, in no event will the collective liability of Akita Brands and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount that you have paid to the company for the applicable services in the six (6) months immediately preceding the event or occurrence giving rise to the claim.

To the fullest extent provided by law, in no event will Akita Brands, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, regardless of whether such loss or damages are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

The foregoing limitations and exclusions do not affect any liability that cannot be limited or excluded under applicable law.

Indemnification

You agree to indemnify, defend, and hold us harmless, our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Agreement, your use of the Services (including negligent or wrongful conduct) and/or the use of any Services for which you have registered by any other person using your user account.

Copyright Claims

If you believe any materials accessible through the Services infringe your copyright, you may request removal of those materials (or removal of access to those materials) from the Services by contacting us (at the address set forth below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

To protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

Electronic Communications

To the extent consistent with our Privacy Statement, we may in our discretion communicate with you electronically, including but not limited to by email or by posting notices on the Services. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Applicable Law and Disputes

The Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of New York, without regard to its choice of law provisions.  The 1980 U.N. Convention on Contracts for the International Sale of Goods is not. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Services (including the purchase of Yucatan Herbal products via the Site) shall be resolved exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Services (including the purchase of Yucatan Herbal products via the Site) must be commenced within one (1) year after the claim or cause of action arises.

No Waiver

No failure on the part of us to enforce any part of the Agreement shall constitute a waiver of any of our rights under the Agreement whether for part or future actions on the part of any person. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of the Agreement. Only specific, written waiver signed by an authorized representative of us shall have any legal effect whatsoever.

Contact Us

If these Terms do not address your question or if you would like to report a violation of our Code of Conduct, please contact us at info@yucatanaherbal.com