Policy and Pricing, Pricing Errors and Accuracy
Prices are subject to change without notice. This web site is intended for information only. It is not to be used to diagnosis, treat, cure, or in place of medical supervision. Consult with your Naturopathic Doctor, or health care professional. FDA has not evaluated this statement and these products, are not intended for prevention, treatment, cure or mitigation of disease.
Use and Dosage of Products: The FDA currently restricts statements about the functions of herbs or supplements. The herbs we sell are dietary supplements, intended for further processing (tea, tincture, decoction, poultice, compress, eye wash, or encapsulation). We are not able to legally or ethically give medical information, including traditional function information, in this online store. Please consult your local qualified herbalist or a reliable reference manuals for traditional indications and functions of these herbs, as well as dosage and preparation. In many states, acupuncturists are allowed to prescribe these herbs as medicines.
All prices on this web site are subject to change without notice. Whilst we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our web site may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, 1stChineseHerbs.com
shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
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.
Terms and Conditions
1stChineseHerbs.com Corporation will hereinafter be referred to as "1stChineseHerbs.com" or as "we" or "us" or "our". "Customer" and/or "you" or "your" refer to all individuals and entities purchasing products from 1stChineseHerbs.com.
1. EXCLUSIVE TERMS. These terms and conditions are the exclusive terms and conditions by which all 1stChineseHerbs.com products are sold to a Customer. 1stChineseHerbs.com expressly rejects all other conditions of sale, proposed or imposed by a Customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of 1stChineseHerbs.com. You agree, at our discretion and without notice to you, unless we have agreed otherwise, in the form specified in this section, to your terms and conditions, whenever and however your terms have been communicated to us, that we may disregard your terms and conditions as having no legal force or effect and proceed as if you have not communicated your own terms and conditions, or we may reject your order.
2. AMENDMENT OF TERMS. These Terms and Conditions may be amended by us from time to time, without notice. Our most current terms and conditions will always be posted on our website at www.1stChineseHerbs.com.com/terms-and-conditions, or at your request, we will email, fax or mail to you our current terms and conditions. You may request terms by email (cs@1stChineseHerbs.com.com. You agree that your ordering of products from us, whether on the internet, by phone, fax, mail or in person, constitutes your agreement to our Terms and Conditions as they exist as of the date you place your order. You agree that it is your responsibility to either review our current terms on our website or to otherwise obtain a copy of our current Terms and Conditions prior to placing an order.
3. ACCURACY OF INFORMATION. 1stChineseHerbs.com makes reasonable efforts to provide accurate and timely information about its products on its website (www.1stChineseHerbs.com.com), in its catalogue and other written material. Except for product specifications we provide you and Certificates of Analysis, you may not assume that the information provided is always up to date, accurate or that all the relevant information is stated. You waive any claims arising from inaccurate or omitted information on our website and in our catalogue and other written material (except for product specifications and Certificates of Analysis). You are encouraged to bring what you believe to be inaccurate or omitted material to our attention by sending an email to cs@1stChineseHerbs.com.com.
4. PRODUCT PRICING. The price we charge for our products is subject to fluctuations, including availability of product, cost of shipping, and international monetary fluctuations. And, from time to time we offer special promotions that impact price. While the prices we show on our website may generally be relied upon as current as of the time you place your order, the pricing in our printed catalogue and other written material may not be current. You may confirm the current price of our products by calling our Sales Department at 360-970-1550
5. QUOTATIONS. All quotations from 1stChineseHerbs.com, whether in writing or orally are intended to cover the specific quantity identified in the quotation and do not pertain to a greater or lesser quantity unless the greater or lesser quantity is specifically approved in writing by a corporate officer of 1stChineseHerbs.com. Unless otherwise specifically identified in the quotation or otherwise approved by 1stChineseHerbs.com in writing, the quoted quantity will be delivered to Customer in a single shipment as specified in the Quotation. Except for Special Orders, our Quotations are based on available inventory which inventory availability cannot be confirmed until 1stChineseHerbs.com accepts a purchase order from Customer. 1stChineseHerbs.com's quotations remain valid for five (5) business days for stock items and ten (10) business days for Special Orders and apply only to inventory that is available at the time 1stChineseHerbs.com accepts Customer's Purchase Order.
6. PAYMENT TERMS CREDIT CARDS AND CREDIT.
1stChineseHerbs.com accepts Visa, MasterCard and Discover debit and credit cards ("Card" or "Cards") as well as money orders and cashier's checks. We accept company checks and personal checks only if previously approved by 1stChineseHerbs.com when you open your account. There is no surcharge for using your Card to make purchases with us if we have not extended credit terms to you. Cards will be charged upon placement of your order.
C. CARD SECURITY. All Card transactions, whether initiated on our Website or by some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. Our website uses SSL (Secure Socket Layer) encryption. In the event of an unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will 1stChineseHerbs.com be liable for unauthorized use of your Card by a third party. If you choose to pay for your purchases from us with a Card, you are agreeing that 1stChineseHerbs.com may submit proper charges to that Card, and that 1stChineseHerbs.com is not liable for unauthorized transactions by third parties.
D. In additional to statutory fines that may be available to us, in the event your check is not honored, you will pay a $25.00 service charge in addition to all other penalties and fees arising from your failure to pay in accordance with our credit agreement.
If your payment is by check or Card which is not honored by the bank or Card company, in addition to the charges provided in Section 6.D your payment will be deemed to be not received on time and subject to the late payment charges.
Damages if any for 1stChineseHerbs.com's alleged breach of this Section, shall not exceed $10,000 regardless of the theory of the claim. 1stChineseHerbs.com shall not be subject to damages for breach of this section by a foreign supplier.
LIMITED WARRANTY AND LIMITED LIABILITY. YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. 1STCHINESEHERBS.COM AGREES THAT IT WILL REPLACE ALL DEFECTIVE PRODUCTS, WHEN THE DEFECTS ARE REPORTED WITHIN FIFTEEN CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1STCHINESEHERBS.COM'S LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF 1STCHINESEHERBS.COM, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL 1STCHINESEHERBS.COM BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
RETURN OF GOODS.
A. Goods may be returned, pursuant to 1stChineseHerbs.com’s Limited Warranty as set out in the previous section, if you have contacted us within 15 days of receipt of merchandise and we have given you a Return Memo Authorization (RMA) number. We will replace defective merchandise.
B. All other goods may be returned to us with the bottles or other packaging unopened, unmarked and in saleable condition and shipped at your expense within 30 days of your receipt of the goods and will be subject to a 20% restocking fee.
C. Other than the aforesaid circumstances, the return of merchandise is not allowed.
NO HEALTH OR OTHER REPRESENTATIONS.
A. All statements on our Website, and in our catalogue or other written material about 1stChineseHerbs.com's products have not been evaluated by the Food and Drug Administration. 1stChineseHerbs.com's products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that 1stChineseHerbs.com may include product cautions and contraindications on our website or in our catalogue or other written material, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information is not intended to substitute for the advice of a health care professional.
B. Customer has not relied upon information or statements on our website or in our catalogue or other written material or information or opinion directly provided by 1stChineseHerbs.com and its employees, including but not limited to our sale and professional staff for the purpose of purchasing, prescribing or using our products. Customer has solely relied on Customer's own skill, judgment, exercise and knowledge when purchasing, selling and using 1stChineseHerbs.com products.
PRODUCTS PURCHASED FOR DIRECT RETAIL SALES - FDA REQUIREMENTS. The following terms apply when our products are offered by you for sale to the general public through all retail channels including, but not limited to, brick and mortar stores, catalogues, direct mail and the internet (collectively, "Retail Sale").
A. You warrant that during all periods of time that our products are offered by you for Retail Sale that you are properly licensed in your jurisdiction to engage in Retail Sales business activity and that you have in place Products Liability Insurance in a minimum coverage of no less than one million dollars per incident. Upon request, you will provide us with proof of licensing and insurance coverage. The failure of 1stChineseHerbs.com to request proof of required licenses and insurance shall not constitute a waiver of those requirements.
B. When offering our products for Retail Sale to the general public, your marketing information, whether written, digital, video and/or verbal shall be fully compliant with FDA laws and regulations pertaining to the sale of dietary supplements and the Dietary Supplements Health and Education Act of 1994 ("DSHEA"). You will not offer 1stChineseHerbs.com products for Retail Sale in conjunction with direct or indirect making of Disease Claims (a claim to diagnose, cure, mitigate, treat, or prevent disease) regardless of the source or validity of the claims, even if you originally obtained the information from 1stChineseHerbs.com. Disease Claims may not be made directly or by referencing or linking to other material or by inviting customers to search for 1stChineseHerbs.com products by symptom on our Website or in our catalogue or other written material, or by any other means reasonably understood to convey a Disease Claim.
C. You may display in your marketing material the following information about our products: Standard dosage, Ingredients, Cautions and Contraindications and TCM functions, if not in violation of FDA restrictions on Disease Claims and/or the DSHEA, and you may make appropriate claims describing the product's "structure and function". Your marketing information may, if you so choose, reference 1stChineseHerbs.com's product quality, GMP manufacturing standards and our product testing. We do not offer you legal advice on what the FDA regards as impermissible Disease Claims and/or allowed structure and function claims when you are marketing any dietary supplement, including our products. You may not rely on 1stChineseHerbs.com's marketing material in determining for yourself what is permissible and not permissible when stated by you, although you may rely on 1stChineseHerbs.com's most current website information for products, for the limited purpose of complying with your contractual obligations to 1stChineseHerbs.com pursuant to this Section. We suggest that you consult with your own legal counsel, the FDA web site, and/or your professional trade association with respect to such matters.
D. While it may be appropriate and/or necessary to include the standard FDA disclaimer with your marketing material for our products (for example: All statements made have not been evaluated by the Food and Drug Administration. This product is not meant to diagnose, treat, cure or prevent disease), nonetheless the presence of that disclaimer does not then allow you to make an otherwise impermissible Disease Claim. If a Disease Claim violates FDA laws and regulations, then you have violated this Section without regard to your inclusion of such a disclaimer, and if done with respect to 1stChineseHerbs.com's product, you would be in violation of this Section.
E. If 1stChineseHerbs.com reasonably believes that your marketing material for 1stChineseHerbs.com products is in violation of the Retail Sales provisions of this Section, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, 1stChineseHerbs.com may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. Further, upon reasonable notice to you, 1stChineseHerbs.com may contact third party websites and providers for the purpose of blocking the sale of 1stChineseHerbs.com products sold in violation of this Section. The failure of 1stChineseHerbs.com to undertake any of these remedies does not constitute a waiver of your obligations or 1stChineseHerbs.com's rights herein.
If we ask you to cease one or more violations of this Section and you fail to do so promptly and in a reasonable manner, and we bring a legal action against you to force you to stop, you agree that, in addition to other remedies that may be available to us, you will pay us $10,000 as liquidated damages per proven violation. You and 1stChineseHerbs.com agree that this liquidated damages sum is reasonable in light of the possible harm to 1stChineseHerbs.com by such violations and that actual damages would be cumbersome and expensive to prove.
H. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section, whether or not we file a legal action. Resolution of disputes under this section are otherwise subject to the provision of Section 23.
I. This Section's terms and conditions are not intended to apply to communications by licensed TCM practitioners and licensed medical professionals directly to their patients while diagnosing, treating and prescribing within the scope of their license. The appropriateness of private communications between patients and their health care professionals is not for 1stChineseHerbs.com to determine. However, this Section's terms do apply in the Retail Sales setting when our products are offered to the public, regardless of whether the Disease Claims are being made by licensed TCM practitioners and health care professionals.
California PROPOSITION 65 COMPLIANCE. California Proposition 65 mandates consumer warning labels on products sold in California which contain chemicals including heavy metals in excess of Proposition 65's very low thresholds. The following terms apply to our products sold by you to your customers in Washington.
A. If you are in California or are located outside of California and sell products on the internet or otherwise sell products to customers in California, 1stChineseHerbs.com will affix California Proposition 65 Warning Labels ("Warning Labels") on all products shipped to you which require such labels. If you are located outside of California and do not sell products on the internet or do not otherwise sell products to customers in California, products shipped to you will be without Warning Labels and those products and you will never sell the aforesaid products without Warning Labels in California nor sell the products to another for resale in California. If you sell our products without Warning Labels in California or those products are subsequently sold by another party in California, then you are in violation of the terms of this Section regardless of your actual knowledge of a violation by the third party. Upon your request, we will supply you at no charge with Prop 65 Warning Labels for 1stChineseHerbs.com Products, if you subsequently determine that Products already purchased by you will be sold in California.
B. You will not directly or indirectly sell in California, or place in commerce for sale in California, our products, if the Warning Labels attached by us have been removed, tampered with or obscured in any way.
C. If 1stChineseHerbs.com reasonably believes that you or someone acting through you has been selling our products in California in violation of the terms of this Section, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, 1stChineseHerbs.com may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. Further, upon reasonable notice to you, 1stChineseHerbs.com may contact third party websites and providers for the purpose of blocking the sale of 1stChineseHerbs.com products sold in violation of this Section. The failure of 1stChineseHerbs.com to undertake any of these remedies does not constitute a waiver of your obligations herein.
D. You will immediately notify us in writing if you receive a notice that you are being accused of selling our products in violation of California Proposition 65. . Providing notice to 1stChineseHerbs.com does not mean or imply that 1stChineseHerbs.com has a legal duty to respond to the notice.
E. If you violate the terms of this Section and as a result of which we are accused of being in violation of California Proposition 65, you agree to indemnify us for all damages and penalties and to pay for legal expenses and legal counsel of our choice necessary to defend us with respect to such allegations.
H. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section, whether or not 1stChineseHerbs.com elects to file a legal action. Resolution of disputes under this section are otherwise subject to the provision of Section 23.
21. USE OF WEBSITE.
A. YOUR ACCOUNT. Your use of the materials included on our website is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our website in any way. You agree to indemnify, defend and hold harmless 1stChineseHerbs.com for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to 1stChineseHerbs.com and that in the event of an unauthorized use, 1stChineseHerbs.com shall be entitled to an injunction in addition to any other remedies available at law or in equity. After applying for an online account, you will receive an email message notifying you that your account has been activated, along with a customer number and a temporary password to access our store. Upon registering, you are required to inform us about your type of business and give us related business information. You are responsible for maintaining the confidentiality of your password and customer ID, and are fully responsible for all activities that occur in your account. You agree to (a) immediately notify 1stChineseHerbs.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 1stChineseHerbs.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that all information you submit to 1stChineseHerbs.com to set up an account is true and accurate. You agree not to purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be yours alone and 1stChineseHerbs.com shall have no responsibility therefrom.
B. CONDITIONS AND RESTRICTIONS ON USE. 1stChineseHerbs.com does not guarantee that the functions contained in our website will be uninterrupted or error-free, that our website or its server will be free of viruses or other harmful components, or that defects will be corrected even if 1stChineseHerbs.com is aware of them. You acknowledge and agree that 1stChineseHerbs.com may terminate your access to the 1stChineseHerbs.com website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by 1stChineseHerbs.com. Any such termination shall be at 1stChineseHerbs.com's sole discretion and may occur without prior notice, or any notice. 1stChineseHerbs.com further reserves the right to terminate any user's access to 1stChineseHerbs.com's website for any conduct that 1stChineseHerbs.com, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to 1stChineseHerbs.com or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. 1stChineseHerbs.com further reserves the right to terminate any user's access to the website for any reason or for no reason at all, at 1stChineseHerbs.com's sole discretion, without prior notice, or any notice. 1stChineseHerbs.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
C. PRIVACY & SECURITY. 1stChineseHerbs.com is committed to protecting the privacy and accuracy of your confidential information to the fullest extent possible, subject to provisions of state and federal law. Other than in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not re-distribute or sell personal information collected on our web server. Your personal information is used by us to facilitate orders you place with us, and to notify you of promotions, company and product updates, and to send you informative materials such as our newsletter. However, you may opt to have us not send you any of these notices or materials at any time by changing your preference on your My Account page, or by contacting us through email or by telephone.
D. INFORMATION ABOUT YOU. When you apply to set up an online account with us, we collect various kinds of "personal information" including your name, company name, address, billing information, business type and related business information (such as license number and state) and an email address. We also collect and store access information related to your account including account number and user password. When you make purchases from our site, we may collect purchasing information such as product orders, shipping address(es), and Card information. When you set up an online account with us and provide such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the 1stChineseHerbs.com Account Set-up form at registration; and (b) you will maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 1stChineseHerbs.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1stChineseHerbs.com has the right to suspend or terminate your account and refuse any and all current or future use of the 1stChineseHerbs.com website. On the Account Set-up page you are given the opportunity to receive email communications from us, or not. You may change this preference and your account information at any time. We also collect "aggregate information", which is information about use of our site, such as pages visited on our site.
E. SITE SECURITY. A Customer's account including patients and client information provided by the Customer is protected by the use of a password of Customer's choice which is Customer's responsibility to protect. Our website uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the Internet. Notwithstanding the aforesaid protections, both our website in general and a Customer's account in particular are subject to penetration and access by third parties with varying degrees of illegal intent. Such penetration may result in access to Customer's personal information or other harm to that Customer. In no event will 1stChineseHerbs.com be liable to Customer for damages resulting from a third party's obtaining Customer's personal information or any other damages as a result of a third party gaining access to 1stChineseHerbs.com's website and/or Customer's 1stChineseHerbs.com account.
F. LINKS. Some links on our website will allow you to connect with sites that are not under our control. 1stChineseHerbs.com is providing these links only as a convenience. The appearance of a link does not imply 1stChineseHerbs.com endorsement, nor is 1stChineseHerbs.com responsible for the contents of any linked site.
G. FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make, and you will not submit material to our website that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to our website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in 1stChineseHerbs.com, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit through our website will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials anywhere in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
H. FOREIGN USE OF SITE. 1stChineseHerbs.com makes no representation that materials on its website are appropriate or available for use in other locations. If you access our website from outside the United States, be advised that it may contain references to products and services that are not available or are prohibited in your country.
22. COPYRIGHT AND TRADEMARK. Our Website as well as our Catalogue and other written material are owned by us. Unless otherwise specified, all materials that may be found on our Website, Catalogue and other written material, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of 1stChineseHerbs.com. You may use our content only for the purpose of obtaining information or placing an online order and for no other purpose.. The use of any of these trademarks or service marks without 1stChineseHerbs.com's express written consent is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials of our content may violate copyright, trademark and other applicable laws.
23. DISPUTE RESOLUTION.
A. Venue and Jurisdiction. The exclusive jurisdiction for injunctive relief and all disputes between 1stChineseHerbs.com and Customer is either in the Ferry County Court, State of Washington or the United States Federal Court for the Northern District of Washington. You irrevocably consent to the jurisdiction of the aforesaid courts. Customer will not file or initiate a legal claim against 1stChineseHerbs.com other than in state or federal court located in Ferry County, Washington. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section by filing a legal action in a jurisdiction not specified in this Section.
B. Personal Liability. If Customer is a non-publicly traded corporation or LLC or other limited liability entity, the individual shareholders, members and/or owners of Customer agree to be jointly and severally liable with Customer for Customer's obligations to 1stChineseHerbs.com.
C. Except as specifically provided in Sections 19, 20 and 23 A for disputes related to those specific sections, for all other disputes Customer and 1stChineseHerbs.com shall be responsible for their own legal fees and court costs.
24. ENTIRE AGREEMENT. Other than these Terms and Conditions, including as they may be modified by 1stChineseHerbs.com in the future, pursuant to Section 2, there are no other terms binding upon 1stChineseHerbs.com unless 1stChineseHerbs.com has agreed to those other terms in a writing signed by a 1stChineseHerbs.com corporate officer.