Terms & Conditions

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Terms & Conditions

By placing orders on KMHerbals.com or conducting any other business transactions with KM Herbals, Inc., you acknowledge that you have read and understood the following Terms of Service and agree that you are responsible for compliance with these terms and any applicable local laws. Wholesale clients may be subject to additional terms and conditions via contracts and agreements established with KM Herbals, Inc. to support respective business needs.

Lead Time

All products are made fresh to order, so lead time is 1 to 3 weeks.

Returns & Refunds

Refunds will be granted on item(s) returned and postmarked within 30 days of their initial purchase and will be issued for the cost of goods only. We are not responsible for return shipping costs. Visit Shipping & Returns for further detailed instructions.

**Wholesale Clients:
KM Herbals must be notified within 14 days of delivery of any discrepancies concerning wholesale product orders to be eligible for return, so please promptly inspect your products upon arrival. Please notify us via email info@kmherbals.com or call 707.878.2980.

Product Shelf Life

The recommended shelf life of our products is 1 year. Exceptions may include products made with high percentages of fixed oils and butters, which are more fragile and may expire sooner. The Period After Opening varies from 6 months to 18 months depending on product type, specific ingredients, container, and storage conditions

**Wholesale Clients:
1 year from the batch number date is our best recommendation. Exceptions may include products made with high percentages of fixed oils and butters, such as facial and massage oils, which are more fragile and may expire sooner. The Batch Number for each product will refer to a Month, Day and Year. For example, Batch Number 040516 translates to April 5th, 2016 so the product will remain at its freshest though April 5th of 2017. The Period After Opening varies from 6 months to 18 months depending on product type, specific ingredients, container, and storage conditions.

Payment

All products and services must be paid for at the time of order. Our E-Commerce store accepts Visa, American Express, Discover, MasterCard, and PayPal payment methods.

**Wholesale Clients:
Wholesale clients may inquire at info@kmherbals.com or call 707.878.2980 to discuss alternate forms of payment, terms, and ordering options.

Pricing

All prices subject to change due to availability of raw materials.

Shipping & Handling

We ship via FedEx, UPS and USPS First Class and Priority Mail. Non-Continental & International Orders: KM Herbals, Inc. can ship anywhere within the continental United States. Requests for international shipping may be accepted on a case by case basis. Clients outside of the continental United States (including Hawaii, Alaska, U.S. territories, and Canada), should email their order to shop@kmherbals.com for a cost analysis and to determine the best shipping method.

**Wholesale Clients:
Additionally, wholesale customers are responsible for shipping and handling costs, and shipping rates are subject to change without notice. Clients not purchasing via the KM Herbals E-commerce store may inquire to provide their own shipping method or account number, however, a handling charge will be applied to cover KMH packing and supplies.

Use of the Website

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External Links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties

The website owner makes no warranties, representations, statements or guarantees (whether expressed, implied in law or residual) regarding the website.

Mobile Message Service

The KM Herbals, Inc. mobile message service (the "Service") is operated by KM Herbals, Inc. (“KM Herbals”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides promotions, specials, and other marketing offers, as well as transactional messages (such as updates, alerts, and information pertaining to your order) from KM Herbals via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 1-855-645-1052 or click the unsubscribe link in any applicable text messages to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other KM Herbals mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1-855-645-1052 or email shop@kmherbals.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.  

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Disclaimer of Liability

KM Herbals, Inc. does not have the authority or power to regulate the claims or marketing materials of each Client, so any liability regarding claims or promises made by our Clients to their clients or the general public about the products and services of KM Herbals, Inc. are the sole responsibility of our Clients and not the manufacturer. Wholesale Clients are expected to carry their own Liability Coverage to protect their brand. Coverage may depend on product specifications and distribution channels, so consult with your insurance agent to get the appropriate quotes

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information, or for any actions taken in reliance on, occasioned by, or by reason of non-performance or interruption of share price information.

Furthermore, the information provided on the KM Herbals, Inc. website is for educational purposes only and is not intended as a substitute for advice from your physician or any other health care professional. These statements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent disease. Always seek professional medical advice from a qualified health care provider with any questions you may have regarding a medical condition.

Conflict of Terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable Laws

Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Marin County, CA, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.