Terms and Conditions of Sale and Use

Herb To Body  •  herbtobody.com

Effective Date: January 3, 2021  •  Last Updated: April 3, 2026

Welcome to Herb To Body. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Herb To Body (“Herb To Body,” “we,” “us,” or “our”), governing your access to and use of our website herbtobody.com and all services, products, and content offered therein.

1. Use of the Website

1.1 Eligibility

By using this website, you represent and warrant that you are at least 18 years of age, or that you are accessing this website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. Minors may not purchase products without verifiable parental or guardian consent. We reserve the right to request age verification at any time.

1.2 Account Registration

Some features require you to create an account. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your login credentials strictly confidential; and (d) accept responsibility for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized use or security breach. We reserve the right to suspend or terminate any account at our sole discretion without prior notice if we suspect fraud or a breach of these Terms.

1.3 Prohibited Uses

You may not use this website to:

• Violate any applicable local, state, federal, or international law or regulation
• Transmit unsolicited or unauthorized advertising or promotional material
• Engage in scraping, crawling, data mining, or automated data collection without prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to any portion of the website or related systems

2. Products and Orders

2.1 Product Information and Accuracy

We make every reasonable effort to provide accurate product descriptions, pricing, and imagery. We do not warrant that such information is error-free. We reserve the right to correct errors or inaccuracies at any time without prior notice, including after an order has been submitted.

2.2 Pricing, Availability, and Algorithmic Pricing Disclosure

All prices are listed in U.S. dollars and are subject to change without notice. Sales tax will be applied where required by law. Product availability is not guaranteed. We reserve the right to limit quantities or discontinue any product at any time.

If we use personalized algorithmic pricing that sets prices based on your individual personal data, we will display the following notice near the applicable price: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA,” as required by New York General Business Law §349-A (effective November 10, 2025).

2.3 Order Acceptance and Cancellation

Placing an order constitutes an offer to purchase, not a binding contract. No order is accepted until we send an order confirmation via email. We reserve the right, in our sole discretion, to refuse, cancel, or limit any order at any time, including after confirmation, for reasons including product unavailability, pricing errors, suspected fraud, or unresolved payment issues. If we cancel after payment is received, we will issue a full refund. We will not be liable for any loss or damage resulting from such cancellation.

2.4 Shipping and Delivery

Shipping fees and estimated delivery times are displayed at checkout. We are not responsible for delays caused by carriers, weather, customs, or other circumstances beyond our reasonable control. Title and risk of loss pass to you upon delivery to the carrier. You are responsible for providing a complete, accurate delivery address. We are not liable for packages delivered to an incorrectly provided address. International shipments may be subject to duties, taxes, and customs fees, which are your sole responsibility.

3. Payment

3.1 Accepted Payment Methods

We accept credit/debit cards, PayPal, and other payment methods as indicated at checkout. All transactions are processed in U.S. dollars.

3.2 Payment Processing

Payments are processed through third-party payment processors. By submitting your payment information, you represent that you are authorized to use the payment method provided and you agree to comply with the processor’s terms. We do not store full payment card information on our servers.

3.3 Payment Authorization

By placing an order, you authorize us to charge the full order total, including applicable taxes and shipping fees, to your designated payment method. If payment is declined or cannot be processed, we reserve the right to cancel your order without liability.

4. Returns and Refunds

4.1 Return Eligibility

If you are not fully satisfied with your purchase, you may return unused products in their original, unopened packaging no later than 15 calendar days from the date of delivery. To initiate a return, contact [email protected] with your order number before shipping anything back. Returns sent without prior written authorization will not be accepted and will be returned to sender at your expense.

4.2 Non-Returnable Items

The following items are not eligible for return: (a) products that have been opened, used, or tampered with; (b) return requests made more than 15 calendar days after the date of delivery; (c) items designated as final sale at the time of purchase; and (d) products that, for hygiene or safety reasons, cannot be resold once opened.

4.3 Restocking Fee

Eligible returns are subject to a restocking fee of up to 20% of the purchase price of the returned item(s). The exact amount will be confirmed at return authorization. Return shipping costs are the customer’s responsibility unless the return is due to our error or a defective product.

4.4 Refunds

Upon receipt and inspection of returned items, approved refunds will be processed to the original payment method within 5–10 business days. We are not responsible for delays imposed by your financial institution. We reserve the right to deny a refund if returned items do not meet our return requirements.

4.5 Damaged or Defective Products

If you receive a damaged or defective product, contact [email protected] within 48 hours of delivery with photographic evidence. We will arrange a replacement or refund at our discretion.

5. Chargeback and Dispute Policy

5.1 Contact Us Before Initiating a Chargeback

If you believe a charge from Herb To Body is incorrect, unauthorized, or otherwise in dispute, you must contact us directly before initiating a chargeback or dispute with your card issuer or bank. Contact us at [email protected] or 914-713-5226. We commit to responding to legitimate disputes within 5 business days.

5.2 Consequences of Chargebacks Filed Without Prior Contact

If a chargeback is initiated without first contacting us and allowing a reasonable opportunity to resolve the matter, we reserve the right to: (a) suspend or terminate your account and refuse future orders; (b) present full transactional evidence to your card issuer or bank, including proof of delivery, order records, and all prior communications; and (c) pursue recovery of the chargeback amount and any associated processing fees through available civil remedies. Nothing in this section limits any rights you may have under the Fair Credit Billing Act (15 U.S.C. §1666) or any other applicable consumer protection law.

5.3 Fraud Prevention

We employ fraud detection measures including address verification, IP monitoring, and purchase pattern analysis. Suspicious orders may be held pending verification. We reserve the right to request additional identification before processing any order deemed high-risk.

5.4 Customer Cooperation

You agree to cooperate with us in good faith to resolve payment disputes, provide accurate payment information, and respond promptly to verification requests. Failure to cooperate may result in order cancellation and account suspension.

6. Health, Supplement, and FDA Disclaimer

• These statements have not been evaluated by the U.S. Food and Drug Administration (FDA).
• These products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• These products are dietary supplements regulated under the Dietary Supplement Health and Education Act of 1994 (DSHEA). They are not drugs and are not subject to FDA pre-market approval.
• Any structure/function claims made on individual product pages are accompanied by an asterisk (*) linked to this disclaimer on that product page, in accordance with 21 CFR §101.93 and FDA’s December 2025 guidance on DSHEA disclaimer placement.
• The information on this website is for general educational and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before beginning any supplement regimen, especially if you are pregnant, nursing, have a medical condition, or take prescription medications.
• Drug interactions are possible. Consult your healthcare provider before using any supplement if you take prescription or over-the-counter medications.
• Individual results may vary. Testimonials and reviews reflect individual experiences and are not guarantees of outcome.

Herb To Body assumes no liability for adverse reactions, drug interactions, or harm resulting from the use, misuse, or reliance on any product sold on this website. You assume full responsibility for decisions regarding your health.

7. Privacy, Data Security, and Cookies

7.1 Privacy Policy

Your use of this website is also governed by our Privacy Policy, available at herbtobody.com/privacy-policy/, which is incorporated into these Terms by this reference. By using this website, you consent to the collection, use, and storage of your personal information as described in the Privacy Policy.

7.2 Data Security and Breach Notification

We implement commercially reasonable administrative, technical, and physical security measures to protect your personal information. In the event of a data breach affecting your personal information, we will notify affected individuals as required by applicable law, including the New York SHIELD Act (N.Y. Gen. Bus. Law §899-aa et seq.), as amended December 24, 2024, which requires notification without unreasonable delay and in no event later than 30 days after discovery of a breach. Health-related information you provide in connection with supplement purchases is treated as private information subject to heightened protection under the March 2025 SHIELD Act amendment.

7.3 Multi-State Privacy Rights

Residents of U.S. states with comprehensive consumer privacy laws — including but not limited to California (CCPA/CPRA), Virginia, Colorado, Connecticut, Texas, Oregon, Montana, Delaware, New Jersey, Maryland, Minnesota, and others — may have rights including: (a) the right to know what personal information we collect; (b) the right to request deletion or correction of your personal information; (c) the right to limit use of sensitive personal information; (d) the right to opt out of the sale or sharing of your personal information; and (e) the right to non-discrimination for exercising privacy rights. We do not sell personal information as defined under applicable law. To exercise any privacy rights, contact us at [email protected]. Because U.S. state privacy laws continue to expand, this list is illustrative rather than exhaustive.

7.4 California Residents — CCPA/CPRA

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to: (a) know what personal information we collect, use, disclose, and share; (b) request deletion of your personal information; (c) correct inaccurate personal information; (d) limit our use and disclosure of sensitive personal information; and (e) opt out of the sale or sharing of your personal information. We do not sell or share personal information for cross-context behavioral advertising. To submit a CCPA/CPRA request, contact [email protected].

7.5 Cookies and Tracking Technologies

This website uses cookies, pixel tags, and similar tracking technologies to operate site functionality, remember preferences, analyze traffic, and support marketing. By continuing to use this website after viewing this notice, you consent to our use of these technologies. Types of cookies we use: (a) Strictly Necessary Cookies, essential for website operation; (b) Analytics Cookies, which help us understand how visitors use the site; and (c) Marketing Cookies, used to deliver relevant content. You may manage cookie preferences in your browser settings; however, disabling certain cookies may affect website functionality. For full details, see our Privacy Policy.

8. Intellectual Property

8.1 Ownership

All website content, including text, graphics, images, photographs, logos, icons, audio clips, digital downloads, software, and the compilation thereof, is the exclusive property of Herb To Body or its content suppliers and is protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use this website solely for personal, non-commercial purposes. You may not: (a) reproduce, duplicate, copy, sell, or exploit any portion of the website; (b) use data mining, robots, or similar data gathering tools; (c) frame or use framing techniques to enclose our trademarks or proprietary information; or (d) use any meta tags or hidden text using our name or trademarks without our express written consent.

8.3 User Content

By submitting reviews, comments, photos, or other content to our website (“User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content worldwide in any media. You represent and warrant that: (a) you own or have all necessary rights to the User Content; (b) the User Content does not infringe any third-party rights; (c) the User Content does not contain the image or likeness of any minor without verified parental or guardian consent; and (d) the User Content does not violate any applicable law.

8.4 DMCA Notice

To report a copyright infringement claim, send a written notice to [email protected] including: (a) identification of the copyrighted work; (b) the URL of the allegedly infringing material; (c) your name, address, telephone number, and email; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate. We will respond to valid DMCA notices in accordance with applicable law.

9. Third-Party Links

This website may contain links to third-party websites or integrate with third-party services, including payment processors, shipping carriers, and marketing platforms. These links are provided for convenience only. We have no control over the content, privacy practices, or policies of third-party sites and accept no responsibility for them. The inclusion of any link does not imply endorsement by Herb To Body. Your use of any third-party website is subject to that website’s own terms and privacy policy.

10. Disclaimers and Limitation of Liability

10.1 No Warranty

THIS WEBSITE AND ALL PRODUCTS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERB TO BODY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR PRODUCTS. OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HERB TO BODY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

10.3 Time Limitation for User Claims

Any claim or cause of action you may have arising out of or relating to your use of this website or these Terms must be filed within one (1) year after the date such claim arose. Claims not filed within this period are permanently barred.

10.4 Time Limitation — Herb To Body Claims Against Users

Our right to pursue claims against you, including for fraud, unauthorized chargebacks, or breach of these Terms, is governed by applicable New York statutory limitations, including the six-year limitation for contract claims under N.Y. C.P.L.R. §213.

11. Indemnification

You agree to defend, indemnify, and hold harmless Herb To Body and its respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any intellectual property or other proprietary rights of any third party; or (d) any User Content you submit to the website. This indemnification obligation does not apply to the extent a claim arises solely from Herb To Body’s own gross negligence or intentional misconduct.

12. Mobile Messaging and TCPA Compliance

Herb To Body may offer text message (SMS/MMS) communications for order updates, shipping notifications, promotions, and customer service. Prior express written consent is required before we send you any marketing text messages. Consent is obtained at the specific touchpoint where you provide your mobile number, which will include a clear disclosure and a consent mechanism. Providing your mobile number alone does not constitute consent to marketing messages.

If you have consented to receive marketing texts: message frequency will vary; standard message and data rates may apply. You may revoke your consent and opt out at any time by replying STOP to any message from us, or by contacting us through any reasonable means, including by email at [email protected] or by phone at 914-713-5226. We will honor all opt-out requests within a commercially reasonable time, as required by the FCC Opt-Out Rule effective April 11, 2025. Opting out of marketing texts does not affect transactional messages related to your orders. Reply HELP for assistance. We retain SMS opt-in and opt-out records for a minimum of 4 years to comply with TCPA requirements. We do not share your mobile number with unaffiliated third parties for their own marketing purposes.

13. Electronic Communications and E-SIGN Consent

By using this website, you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and applicable state electronic transaction laws. Your electronic acceptance of these Terms constitutes your binding electronic signature. You have the right to receive a paper copy of any electronic record by contacting us at [email protected].

14. Dispute Resolution and Class Action Waiver

14.1 Informal Resolution First

Before taking any formal legal action, both parties agree to attempt to resolve any dispute informally. The party with a dispute must send a written notice to the other party describing the nature of the dispute and the relief sought. Notices to Herb To Body must be sent to: Herb To Body, PO Box 1087, Yonkers, NY 10703, or by email to [email protected]. The parties agree to negotiate in good faith for 30 days after the notice is received. Most disputes can and should be resolved at this stage. If not resolved within 30 days, either party may pursue the remedies below.

14.2 Small Claims Court

Any dispute with a value of $10,000 or less may be brought by either party in small claims court. You may bring your claim in the small claims court of your county of residence or in Westchester County, New York, whichever you prefer, provided the claim falls within that court’s jurisdictional limits. Small claims proceedings are simpler and less expensive than other court proceedings and are available to you as an alternative to the process described in Section 14.4.

14.3 Class Action Waiver

14.4 Disputes Exceeding Small Claims Jurisdiction

For any dispute exceeding the jurisdictional limits of small claims court that cannot be resolved informally, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Westchester County, New York, as set forth in Section 16. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14.5 Opt-Out of Class Action Waiver

You may opt out of the class action waiver in Section 14.3 by sending written notice to Herb To Body at PO Box 1087, Yonkers, NY 10703, or by email to [email protected], within 30 days of first accepting these Terms. Your opt-out notice must include your full name, address, and a clear statement that you are opting out of the class action waiver. Opting out does not affect any other provision of these Terms.

14.6 Survival

The class action waiver in Section 14.3 and the informal resolution requirement in Section 14.1 survive the termination or expiration of these Terms and any conclusion of the relationship between you and Herb To Body.

15. Force Majeure

Herb To Body shall not be liable for any delay or failure to perform its obligations to the extent such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic or public health emergency, war, terrorism, governmental action or regulation, labor disputes, supply chain disruptions, power outages, or internet service disruptions. We will notify you of material delays caused by force majeure events and will resume performance as soon as reasonably practicable.

16. Governing Law and Venue

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions. You irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in Westchester County, New York, and waive any objection to venue in those courts.

17. California Proposition 65 Notice

18. Auto-Renewal Disclosure

If Herb To Body offers any subscription, auto-ship, or automatic renewal programs, the following terms apply: (a) your subscription will automatically renew at the then-current rate at the end of each subscription period unless you cancel before the renewal date; (b) you will receive advance notice of renewal terms and any pricing changes; (c) you may cancel at any time before the next renewal date by contacting [email protected]; and (d) cancellations after a renewal has processed take effect for the following billing cycle. These disclosures are provided in compliance with New York General Obligations Law §5-903 and California Business and Professions Code §17601 et seq.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. Notwithstanding the foregoing, if the class action waiver in Section 14.3 is found entirely unenforceable, the parties retain all rights to pursue individual claims in the appropriate forum.

20. Waiver

Our failure to enforce any right or provision of these Terms on one or more occasions shall not be construed as a waiver of that right or provision. No waiver of any breach constitutes a waiver of any prior, concurrent, or subsequent breach of the same or any other provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the website, constitute the entire agreement between you and Herb To Body with respect to your use of the website and purchase of products, and supersede all prior or contemporaneous negotiations, agreements, representations, warranties, and understandings relating to the same subject matter.

22. Changes to These Terms

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. For material changes that reduce your rights or impose new obligations, we will provide at least 14 days advance written notice via email to the address associated with your account and post a prominent notice on the website. Such material changes will not take effect until the notice period has elapsed. For non-material updates, changes are effective upon posting. In all cases, the “Last Updated” date at the top of this page will be revised. Your continued use of the website after changes take effect constitutes your acceptance of the revised Terms.

23. Contact Information and Legal Notices

For questions, customer service, or to exercise any legal rights under these Terms, contact us at:

For legal notices, DMCA notices, and state privacy rights requests, please use certified mail or email with written confirmation of receipt.