Terms & Conditions
By using and accessing the website (the “site”), www.HerbaRosaKratom.com, including, but not limited to, any purchase or order of any products sold on the site, the purchaser, herein called “buyer” (includes, but it not limited to; any group, corporation, legal entity, organization, or person purchasing from the Seller, regardless of intention), agrees to all terms and conditions (the “terms”) administered to them by Herba Rosa, the HerbaRosaKratom.com website, and all persons associated with it (herein cooperatively referred to as “Seller”), by the agreement shown on this page. These terms may be updated at any time, without notice, at our consideration. Do not use the site and return any purchased products if you do not agree to the terms. The Buyer, upon use of the ordering system or submission of personal information to the site, is legally bound to the terms and conditions stated within this electronic document.
The Buyer affirms that they are not an employee of a government or law enforcement. The Buyer also declares no affiliation or association with an agency of any government and are not submitting an order by the instruction of an agency of any government or an individual agent of any government. “Goods” are defined as any products that the contract holds subject. “Contract” is defined as the agreement between Buyer and Seller regarding the sales transaction of Goods.
Any links to third-party websites on the Site are not endorsed by Herba Rosa. These links are provided for ease of accessibility. Herba Rosa cannot be held responsible for the content of such third-party websites, and we do not make any representations concerning the substance of such websites. Any decision, on your part, to access or depend on the information of a third-party website linked within HerbaRosaKratom.com, is done at your own risk. Any offers or claims regarding this Site, made by other sites, are not upheld by Herba Rosa.
HerbaRosaKratom.com is comprised of general information. Such content is not advice and should not be considered as advice. It is not intended as a substitute for advice from a health care professional or any information displayed on or in the label or packaging of any product. The statements on this Site should not be used for the prescription of any medication or the treatment or diagnosis of any health issue. The employees or owners of Herba Rosa hold no responsibility for, and will not be held liable for any inaccuracy or application of any information contained herein.
The products on this website have not been evaluated by the US Food and Drug Administration and are not intended for the prevention, treatment, diagnosis, or curing of any disease. We package our products in USDA compliant bags as raw, bulk, unadulterated botanical powder. Herba Rosa products are 100% pure and natural Mitragyna Speciosa, contain NO SYNTHETIC INGREDIENTS, and are not intended to take the place of products that do contain synthetic ingredients, nor any other illegal substance. This product is not to be mixed up or confused with synthetically enhanced herbal incense or potpourri. This product is not intended to diagnose, treat, cure, or prevent any disease because it is not approved by the United States Food and Drug Administraon (FDA). For more insight, please view the FDA-issued Import Alert 54-15.
This product contains chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm. Specifically, nickel, arsenic, and lead. For more information please visit p65warnings.ca.gov.
The general information contained on this Site is presented “as is” with no warranties or representations, implied or express.
Anyone under the age of 21 is prohibited from browsing this Site, even under the supervision of someone over 21 years old. If you are under the age of 21, please close this website immediately.
Terms of Purchase
- Herba Rosa kratom (mitragyna speciosa) products are NOT INTENDED FOR HUMAN CONSUMPTION or any other unsanctioned use. The Buyer agrees to acknowledge and represent the following: you recognize that Herba Rosa’s kratom products are offered, exclusively, for the purposes of herbal exhibition, research, reference, incense crafting, collection, demonstration, and/or showcasing; you are at least 21 years of age (minors will be prosecuted if making an attempt to purchase, in addition to anyone attempting fraud); any products purchased through Herba Rosa are intended to be used, and will be used, for your own personal use, however, any request made, by you, to ship our products to a third party, means that you represent that the party receiving the shipment is also at least 21 years of age and intends to use the products for their own personal use; you recognize that Herba Rosa kratom is not intended for consumption by humans, and you do not intend to consume any of our products labeled as not intended for internal use or labeled as not intended for human consumption.Any attempts at contacting Herba Rosa relating to human consumption of Herba Rosa kratom will not be answered, and your access to the products on the Site being immediately terminated. Herba Rosa kratom is sold under the exclusive condition that the Buyer will not engage in mis-labeling, adulteration, or using the product as a component for any prohibited or scheduled substance. We do not approve of our products being repackaged or relabeled. You recognize that Herba Rosa kratom may not have gone through safety or performance any other kind of use, including commercial. The Buyer agrees and warrants to HerbaRosaKratom.com that the buyer will put any products purchased through HerbRosaKratom.com through proper testing and use in conformity to a field expert and strictly comply with all applicable regulations and laws, both current and henceforth enacted. Mis-use of Herba Rosa kratom may cause harm, as it may contain toxins or chemicals known to be harmful. To prevent direct contact with humans, due care should be engaged with all Herba Rosa products, and such products should only be handled by people who are already informed and acquainted with them.
- All products sold and offered by Herba Rosa are done so on an “AS AVAILABLE” and “AS IS” basis. HerbaRosaKratom.com disclaims all warranties, express or implied, relating to any of our product offerings, the use of our products, or any occurrences which such use may bring into being, including, but not limited to, implied warranties of merchantability, compatibility for any particular function, as well as ensuing, punitive, exemplary, and indirect damages, associated with any products offered by HerbaRosaKratom.com and/or any outcome resulting from the utilization of Herba Rosa products, whether it has been advised of the related plausible occurrences or not. It is the intention of Herba Rosa to only offer information and botanical substances with the highest accuracy we can provide. There is a possibility that some of our products may be presented with information that may not be correct, as the original sources of the botanical material may have inaccurately identified it. Because of this, we cannot guarantee that the information we provide relating to the purity of material or botanical species of our products is completely accurate. In no event shall Herba Rosa, HerbaRosaKratom.com, its owners, stakeholders, or related parties be held liable for any damages whatsoever, relating to or resulting from use, misuse, or unapproved use of any products, including, but not limited to, as follows: any consequential, special, indirect, direct, punitive, or incidental damages; cost of capital or claims of purchaser’s customers; damages for loss of use, other equipment or property; loss of revenue or profits; or other physical detriment or adversity. Without restricting the aforementioned, any and all claims resulting from contract, tort, equitable, negligence, statutory, or any other legal actions shall be governed by this limitation of liability.
- Agreement to Indemnify and hold Harmless: From the moment the Buyer (the person who receives the product at the shipping address they supplied in the details of their order) receives their order, the Buyer shall defend, hold harmless, and indemnify Herba Rosa and its assigns, successors, officers, agents, and employees, from any claims, demands, suits, losses, liabilities (including attorney fees) that Herba Rosa by incur as a result of the Buyer’s a) Buyer-approved usage, by a third party, of the products; b) Usage by a third party, without approval of the buyer, where willful misconduct, negligent act, or omission are the reasons why such use occurred; c) product usage (including, but no limited to: transportation, storage, and handling of products); d) failing to abide by any related regulations or laws (including, but not limited to, laws and regulations relating to international export of technology or products, the Emergency Planning and Community Right-to-Know Act of 1986, and the Toxic Substance Control Act, or to gain any approvals or licenses from the relevant agencies of the government that are necessary to use and purchase the products); or e) Noncompliance with any of the terms provided in this agreement. Herba Rosa will give you (i) superintendence of the settlement and defense of such a claim that (ii) expeditious notice, in writing, of such a claim that Herba Rosa is aware of; and (iii) Complete information and facilitation, at the expense of the Buyer, to defend and/or settle any claim of such sort. Regardless of the aforestated, you shall not settle any such claim, proceeding, or suit, without permission, in writing, from Herba Rosa, which shall not be refused without reason.
- Regulation and risk of loss: Unless alternatively specified, all prices are FOB Herba Rosa’s place of shipment. The risk of damage and loss, and title to the goods, shall pass at place of shipment, except under the condition that an investigation conducted by the courier finds that the order was indeed lost in transit. If Herba Rosa receives confirmation of delivery of the order, Herba Rosa will not reship or refund the order. In the case of proof being provided which confirms that the order was lost in transit, Herba Rosa will re-ship the products ordered by the Buyer. Understanding and obedience of any and all local laws that are applicable in relation to the purchase of goods are completely and entirely the responsibility of the Buyer. Where the Goods are forbidden, the Seller regards the offer of Goods to be void. Seller regards loss to be the Buyer’s responsibility in the event that Goods are loss in transit as a result of negligence and failure on the part of the Buyer to obey applicable laws. The Buyer recognizes that it is their responsibility to check the regulations and laws of their local area, and to abide by them. Relating to the Buyer’s use of any product the Seller provides, the Buyer agrees to assume and apply all preventative safety measures and to obey, in accordance with the use of any products provided by the seller, all government regulations, both local and of state/province. It is agreed, by the Buyer, that the Buyer will not attempt to hold liable the Seller for anything that may befall an order while en route. It is understood by the Buyer that it is not possible for the Seller to know all laws for all countries, states, provinces, and localities, and because of this, the Buyer is wholly responsible for assuring that they are legally allowed to purchase the products they ordered in the location in which they reside.
- Choice of Law and Venue: Any sale of Goods to the Buyer, as well as these Terms and Conditions, are recognized by both Buyer and Seller to have occurred and have been agreed to in the State of California without regard to any choice of provisions of law. Any disputes or interpretation construction related to your use of the Site or purchasing of any products from the Site, and the rectifications for breach or administration are to be applied in accordance with, and pursuant to the laws of the State of California, or the United States District Court for the (District) in the event of diversity of citizenship. However, in the occurrence that, to whatever extent and in any form, you have breached or threatened to breach Herba Rosa’s intellectual property rights, Herba Rosa may seek injunctive or other relief deemed appropriate in any state or Federal court in the State of California, and you consent to exclusive venue and jurisdiction in such courts. The award of the arbitrator shall be binding and may be submitted as a judgement in any court of adequate jurisdiction. To the greatest extent allowed by relevant law, whether through class arbitration proceedings or otherwise, no arbitration under this Agreement shall be coupled to an arbitration which involves any other part subject to this Agreement. Both parties, Buyer and Seller, agree that the venue of any litigation shall be in Sonoma County, California, or as decided at the sole discretion by the owners of HerbaRosaKratom.com. Trial by jury is expressly waved by both parties.
- Right to Refuse Sale: For any reason whatsoever, the right is reserved by the Seller to refuse to sell or provide service to anyone. The following countries will never have goods shipped or sold to the under any circumstances: Myanmar (Burma), Poland, Malaysia, Australia, Lithuania, Denmark, Bhutan, Australia, Finland, and Thailand.
- Personal information: The accuracy of the shipping and billing information is assured by the Buyer and confirmed to be true. The Buyer affirms that all personal information they provide is not of any third party, but is solely that of the Buyer. In the event that a billing address provided by the Buyer fails to be analogous to the billing address on the bank records, the orders will NOT be recognized until Herba Rosa can confirm the billing address. Orders placed by third parties will not be recognized, and will more than likely be nullified. The decision to recognize the transation is made solely under the discretion of Herba Rosa, and supplementary information, such as proof of address and age of all related parties, will be needed prior to processing said transaction.
- Shipping: The Seller will make their best effort to ship Goods to the Buyer as promptly as possible. The Buyer agrees that, if a delay occurs, the Seller cannot be held liable.
- Severability: Declaring one or more of the Terms and Conditions to not be legally valid, enforceable, or legal, does not impact their validity. Each condition and term stands, exclusively, or its own merits and their validity shall not be reduced by any alteration in the others, whether foreseen or unforeseen, without regard to circumstance.
- All Sales Are Final: Because of the risk of product being contaminated, the Buyer recognizes that returns cannot be accepted by the Seller.
- eCheck Sale Subject to Verification: Herba Rosa (HerbaRosaKratom.com) reserves the right, at any time, to verify the banking info and identity of any Buyer. If a 1st-time customer makes a large order, their financial institution will be contacted in order for us to verify their identity. Submitting fake account information is a criminal act and is subject to prosecution. Offenders who repeat this attempted fraud will be submitted to law enforcement. If we receive a bounced check, Herba Rosa has authority to attempt to recharge and recoup the amount owed by the customer.
- Electronic Communications: You are commencing in electronic communication with us when you visit the Site or send us emails. You provide your consent to receive electronic communications from us, either by email or the posting of notices on this Site. It is recognized and agreed to, by you, that all notices, disclosures, agreements, and further forms of electronic communication provided to you meet any legal requirement that such communications be done in written form.
- User Accounts: The responsibility for preserving the confidentiality of your account’s password and restriction of access to your device (computer or mobile), is yours alone. You agree to recognize and accept that you are responsible for all actions that take place under your account and/or relating to your password or account. The right to remove accounts, delete or edit content, deny service, or abort orders, is reserved by Herba Rosa at their sole discretion.
I FULLY UNDERSTAND AND HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRITY, IN ADDITION TO ANY AND ALL WARNINGS AND CAUTIONS, INCLUDING BUT NOT LIMITED TO THE WARNING LABEL PRINTED ON THE PRODUCT ITSELF. I hereby agree and state that I will obey these warnings and cautions, as well as any and all warnings stated on the website or product label, relating to use of the product. I fully comprehend that agreement to these Terms and Conditions will be required before I will be permitted to purchase from HerbaRosaKratom.com. By clicking the Terms & Agreement checkbox at the time of checkout, I am agreeing with all purchase terms and conditions of sale listed by HerbaRosaKratom.com on this page, I am solemnly promising that I am at least 21 years of age, and that all personal information regarding my physical address and identity is valid and true. I understand that the right to deny, at any time and for any reason, any attempted purchase I make, is reserved by Herba Rosa without explanation. I recognize that, if such an event were to occur, my payment will me fully and promptly refunded.