Terms of service

Terms & Conditions

Overview

This website is operated by Chickadee Herbal, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Chickadee Herbal. Chickadee Herbal offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Service and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By visiting our site and/or purchasing Products or Services from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via internal or external hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Pricing

All prices on Products or Services are subject to change at any time without notice. Prices and quotes do not include sales, use, excise, value added, or other taxes. Where applicable, Buyer will pay all such taxes. Discount codes do not apply to sales items or clearance products, and cannot be used in combination with another coupon or discount offer. While Seller does not offer double discounts, Seller will honor the highest discount applicable. A coupon code or sales price is not valid after the coupon or sale has expired or ended. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Payment

Payment in full, without any offset, contingency, hold, or hold-back, is due at the time the purchase is completed. Payment will be accepted via credit card.

 

Orders, Order Changes, and Cancellations

An order placed by Buyer is not binding on Seller unless, and until, Seller accepts such order. After any such acceptance, these Terms and Conditions will apply to the underlying order. Changes to an order, including the product, size, and/or quantity ordered, may not be possible without cancelling the original order and replacing it. There are no guarantees that a request for cancellation of an order is possible once an order has been accepted by Seller. Buyer must contact a customer service representative of Seller during Seller’s business hours to determine if a change or cancellation is possible.

 

Address Change

Requests to change the shipping address after an order has been placed, prior to Seller shipping order, may not be accepted without cancelling the original order and replacing it with an order that provides a correct, accurate shipping address. If the order has shipped, re-routing the package is not possible by Seller. Re-routing of shipped items is solely the responsibility of the Buyer.

 

Shipping and Delivery

We ship orders Monday through Thursday, aside from holidays.

Unless otherwise agreed in writing by Seller, all shipments of sales are made from Seller’s facility to the nearest available delivery point within the continental United States. Seller will arrange for shipment of Products consistent with any specific delivery option selected by Buyer. Buyer will pay all shipping and handling costs as specified during the ordering process. Buyer is responsible for all aspects of unloading and storing of all Product/s upon delivery. Any shipping or delivery dates provided by Seller are approximate, are provided only for the convenience of Buyer; and are conditioned upon the prompt provision of all necessary information by Buyer, prompt payment by Buyer, the ready availability of raw materials, normal labor relations, and customary times for manufacture. Seller shall not be liable for any delay in delivery of any kind, regardless of the cause or extent. All sales are contingent upon the ability of Seller and its suppliers and/or manufacturers to secure associated products and raw materials. In the event Seller does not have sufficient products to satisfy its obligations to its customers, Seller may allocate its available supply of products among its customers on such basis as Seller determines, in Seller’s sole discretion, and, in such event, Seller may delay or cancel some or all of Buyer’s order and Seller shall not be liable to Buyer for failure to deliver all or any part of the product.

 

Product Issues

Failure to notify Seller of any problems with the Product within fourteen (14) days of Buyer’s receipt of the product shall constitute acceptance by Buyer of the Product.

 

Warranties

NO WARRANTIES. THERE ARE NO WARRANTIES REGARDING HERBAL PRODUCTS, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS THE IMPLIED CONDITION OR WARRANTY OF MERCHANTABILITY, AVAILABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. SELLER FURTHER DISCLAIMS ANY WARRANTY REGARDING THE LEGALITY OF EXPORTING ANY PRODUCT FROM THE UNITED STATES OR IMPORTING ANY PRODUCT IN ANY JURISDICTION OR WHETHER THE PRODUCTS CAN BE OFFERED FOR SALE OR SOLD IN ANY JURISDICTION OUTSIDE THE UNITED STATES. Buyer acknowledges that the herbal Products offered/sold are natural materials that vary in color, odor, texture, and flavor within natural tolerances, and products received may not exactly match previous orders or lots of the product. Buyer also acknowledges that Buyer has not relied upon any oral or implied representation of any kind made by Seller or any agent of Seller in connection with any purchase made by Buyer. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

 

General

Seller shall not be liable for any loss, damage, or delay of any kind arising out of Seller’s failure to perform of any kind to the extent caused by unavailability of materials, transportation delays, equipment failure or any other circumstances whatsoever beyond Seller’s reasonable control. If any of the provisions contained herein are deemed illegal or unenforceable, such determination shall not affect the validity of the remaining Terms and Conditions, which will continue in force and effect to the fullest extent permitted under applicable law. No waiver of any right arising out of a breach of any Term or Condition of these Standard Terms shall be a waiver of any right arising out of any other subsequent breach of the same or any other Terms or Condition or a waiver of the covenant, Term, or Condition itself.

Errors, Inaccuracies, Omissions

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after an order has been submitted).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Products

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that your computer’s monitor or device will be accurately represent colors to what is shown/presented on our site. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of Seller. Seller reserves the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited. Seller does not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not provide/use a ficticious e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Returns and Refunds
We do want you to be happy with the Products and/or Services we offer. For health and safety reasons, we cannot accept returns on herbal products. If we shipped you the wrong product, please take a photograph of the item you received mistakenly and email it to us within fourteen (14) days of receiving your order at hello@chickadeeherbal.com. Please include your full name and order number. We will ship you the correct product after verifying that the wrong product was sent. If the item received was a gift and shipped directly to you, any refund amount will be provided as an emailed gift card. 

If you receive an order with damage or breakage, please take a photograph of the exterior of the box and photograph of the contents in case we need to make a claim with the shipping carrier. Then contact us by email at hello@chickadeeherbal.com as soon as possible but no longer than fourteen (14) days after receiving your order, with your full name and order number, what items were damaged or broken, and whether you prefer a refund or replacement for those items. We will let you know if further information is needed.

It may take some time before your refund is officially posted, depending on the original payment type used. If you haven’t received a refund in a timely manner, first check your bank account or credit card statement. There is often some delayed processing time before a refund is posted. If you’ve done the above and you still have not received your refund, please contact us at hello@chickadeeherbal.com.

Sale Items
Any refund amounts will be for the amount paid for the item/s at the time of purchase.

Information We Collect
We collect information from you directly, from the devices you use to interact with us, and from third parties we partner with. We may combine information from the Services together and with other information we obtain from our organizational records. We may use and share information that we aggregate (compile to create statistics that cannot identify a particular individual) or de-identify (strip information of all unique identifiers such that it cannot be linked to a particular individual) at our discretion.

Information You Give Us
You may provide the following information to us directly: Contact information; including name, email address, mailing address, and phone number. Demographic information. Audiovisual information, including recordings of online events and photographs of in-person events. Payment verification information (we do not retain credit card information). Information contained in your communications to us. Information you make available to us via a social media platform. Any information or data you provide by interacting in our online forums and chat functions, or by commenting on content posted on our Services (please note that these comments are also visible to other users of our Services). Information you provide when you register and create an account. Any other information you submit to us.

Information We Collect Automatically
We, and partners working on our behalf, may use log files, cookies, or other digital tracking technologies to collect the following information from the device you use to interact with our Services. We also create records when you make purchases or otherwise interact with the Services: Device information, including IP address, device identifiers, and details about your web browser. Analytical information, including details about your interaction with our website and electronic newsletters. Diagnostic information, including web traffic logs. Advertising information, including special advertising and other unique identifiers that enable us or third parties working on our behalf to target advertisements to you. Please be aware that our advertising partners may collect information about you when you visit third-party websites or use third-party apps. They may use that information to better target advertisements to you on our behalf.

Other Important Information

Data Retention
We may store information about you for as long as we have a legitimate business need for it.

Information About Children
The Services are intended for users age seventeen (17) and older. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of seventeen (17), we will delete that information. Please contact us with any concerns.

Sharing of Medical or Health Information
To the extent that we receive protected health information about you, that information is subject to electronic disclosure to the extent permitted by applicable law.acy practices or treat your information as described in this policy.

Your Options and Rights Regarding Your Information

Your Account
Please visit your account page to update your account information.

Email Unsubscribe
If you do not wish to receive marketing information from us or wish to opt out of future email promotions from us, please contact us. Please note that all promotional email messages you receive from us will include an option to opt out of future email communications.

Ad Choices
You have options to limit the information that we and our partners collect for online advertising purposes. You may disable cookies in your browser or mobile device using their settings menus. Your mobile device may give you the option to disable advertising functionality. Because we use cookies to support Service functionality, disabling cookies may also disable some elements of our online properties. The following industry organizations offer opt-out choices for companies that participate in them: the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. You may use our cookie settings menu. You may contact us directly. If you exercise these options, please be aware that you may still see advertising, but it will not be personalized. Nor will exercising these options prevent other companies from displaying personalized ads to you. If you delete your cookies, you may also delete your opt-out preferences.

Do Not Track
Your browser or device may include “Do Not Track” functionality. The information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this privacy policy regardless of whether a Do Not Track signal is received.