Terms and Conditions

Welcome to Herby House! We value the trust you place in us and are committed to providing you with a convenient, reliable, and secure online shopping experience.

These Terms and Conditions govern your access to and use of the Herby House website, including browsing products, placing orders, making payments, and using related services.

Please read these Terms and Conditions carefully before using our website or placing an order. By accessing our website, creating an account, or purchasing products, you agree to be bound by these Terms and Conditions and our applicable policies, including our Privacy Policy, Shipping Policy, and Return and Refund Policy.

If you do not agree with these terms, please discontinue using our website.

1. About Herby House

Herby House is an online shopping business operating through its website and related digital platforms, offering products to customers in accordance with the information and terms displayed on the website.

For the purposes of these Terms and Conditions, "Herby House," "we," "our," and "us" refer to the business operating under the Herby House name.

Business Address: 15, Canal Circular Rd, Daspara, Haludkol, Kolkata, West Bengal 700067

Email: herbyhouse@gmail.com

Contact Number: 9903982303

In these Terms and Conditions, "Website" refers to the Herby House online platform, and "User," "Customer," or "you" refers to any person who accesses the Website, browses products, creates an account, or purchases products through it.

2. Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read and understood these Terms and Conditions and agree to comply with them.

These Terms and Conditions should be read together with the following policies, where applicable:

• Privacy Policy
• Shipping Policy
• Return and Refund Policy
• Other policies or notices published on our Website

In the event of a conflict between these Terms and Conditions and a separate policy, the relevant policy will apply to the specific subject matter to the extent permitted by applicable law.

3. Eligibility to Use the Website

You must be legally capable of entering into a binding contract under applicable Indian law to place an order through our Website.

If you are under 18 years of age, you may use the Website only with the involvement and appropriate supervision of a parent or legal guardian, where permitted by applicable law.

By using the Website, you represent that the information you provide is accurate and that you have the legal capacity or appropriate authorization to use our services.

Herby House may restrict or suspend access where there is reasonable evidence of unauthorized use, fraud, or a violation of these Terms and Conditions, subject to applicable law.

4. Products and Product Information

We make reasonable efforts to ensure that product descriptions, photographs, prices, specifications, and other information displayed on our Website are accurate and up to date.

However, actual product appearance, colour, packaging, dimensions, or other characteristics may vary slightly because of screen settings, lighting, manufacturer updates, or other factors.

Product images are provided for illustrative purposes where applicable. Customers should review the product description, specifications, and other relevant details before placing an order.

If a product listing contains a material error or a product is inaccurately described, please contact us so that we can review the matter and provide an appropriate resolution in accordance with applicable law.

5. Product Availability

All products displayed on our Website are subject to availability.

We reserve the right to update product listings, change product selections, correct errors, or discontinue products from time to time.

If a product becomes unavailable after you place an order, we will inform you and provide an appropriate resolution, which may include cancellation and a refund where applicable.

Nothing in this section permits us to disregard any obligation arising from an order that has already been accepted or any applicable consumer protection requirement.

6. Orders and Order Confirmation

When you place an order through our Website, you are submitting a request to purchase the selected products at the prices and under the conditions displayed at checkout.

An automated order confirmation acknowledges receipt of your order but may not, by itself, constitute final acceptance of the order.

Order acceptance, processing, and dispatch will be communicated through the Website, email, SMS, or other available communication channels, as applicable.

Herby House may decline or cancel an order where reasonably necessary, including in circumstances involving:

• Product unavailability.
• Incorrect pricing or a material listing error.
• Suspected fraudulent or unauthorized transactions.
• Payment authorization failure.
• Incomplete or inaccurate delivery information.
• Legal or regulatory restrictions.

Where an order is cancelled after payment has been received, any refund due will be processed in accordance with our Return and Refund Policy and applicable law.

7. Prices, Taxes, and Payments

All product prices and applicable charges will be displayed on the Website before you complete your order.

Prices may change from time to time. A change in the listed price will not automatically alter an order that has already been accepted, except where permitted by applicable law and the relevant circumstances.

Payment methods available to customers will be displayed during checkout.

By submitting a payment, you confirm that you are authorized to use the selected payment method.

Payments may be processed through third-party payment service providers. Herby House does not control all aspects of those providers' systems and cannot guarantee the uninterrupted availability of third-party payment services.

If a payment fails, is reversed, or remains unconfirmed, the order may be delayed or cancelled, subject to applicable law.

Any applicable taxes, delivery charges, or other mandatory fees will be disclosed as required before the order is placed.

8. Shipping and Delivery

Herby House aims to process and deliver orders within the estimated timeframe communicated at checkout or in the order confirmation.

Delivery timelines are estimates and may be affected by the delivery location, product availability, courier operations, weather, public holidays, or other circumstances.

Customers are responsible for providing accurate delivery details and a reachable contact number.

For further information about processing times, shipping charges, delivery tracking, failed deliveries, and delayed orders, please refer to our Shipping Policy.

If a shipment is lost, damaged, or undelivered, we will review the circumstances and provide an appropriate resolution in accordance with our policies and applicable law.

9. Returns, Replacements, and Refunds

Customers may request a return, replacement, or refund in accordance with our Return and Refund Policy.

Eligibility, return procedures, shipping arrangements, and refund processing will depend on the circumstances of the request and applicable legal requirements.

If you receive a damaged, defective, incomplete, or incorrect product, please contact us with your order details so that we can investigate and assist you.

Nothing in these Terms and Conditions excludes or restricts any statutory consumer rights or remedies available under applicable law.

10. User Accounts and Account Security

Certain Website features may require you to create an account or provide personal information.

You agree to:

• Provide accurate, current, and complete information.
• Keep your login credentials confidential.
• Notify us promptly if you suspect unauthorized access to your account.
• Avoid using another person's account without authorization.
• Update your account information when necessary.

You are responsible for taking reasonable precautions to protect your account. However, responsibility for unauthorized transactions or account misuse will be determined according to the circumstances and applicable law.

Herby House may suspend or restrict an account where there are reasonable grounds to suspect fraud, abuse, security risks, or a material violation of these terms.

11. Acceptable Use

You agree to use the Website lawfully and responsibly.

You must not:

1. Use the Website for fraudulent, deceptive, or unlawful purposes.
2. Provide false information or impersonate another person.
3. Interfere with the security, operation, or functionality of the Website.
4. Attempt unauthorized access to accounts, systems, or data.
5. Upload malicious software, viruses, or harmful code.
6. Copy, reproduce, distribute, or commercially exploit Website content without appropriate authorization.
7. Use automated tools to scrape, extract, or collect Website data in a manner prohibited by law or these terms.
8. Infringe the intellectual property, privacy, or other legal rights of another person.
9. Engage in conduct that violates applicable laws or regulations.

We may investigate suspected violations and take reasonable action, including restricting access, suspending accounts, or reporting unlawful activity to the appropriate authorities where necessary and lawful.

12. Intellectual Property Rights

Unless otherwise stated, the Website's content, including text, product descriptions, graphics, photographs, logos, design elements, and other materials, is owned by or lawfully licensed to Herby House or the relevant rights holder.

You may access and use this content for personal, non-commercial shopping purposes.

You must not reproduce, modify, distribute, publish, sell, or commercially exploit Website content without prior written permission from the relevant rights holder, except where such use is permitted by law.

If you believe that material on our Website infringes your intellectual property rights, please contact us at herbyhouse@gmail.com with relevant details.

13. Third-Party Services and Links

Our Website may contain links to third-party websites, payment services, delivery partners, or other external services.

These third parties may operate under their own terms, conditions, and privacy policies.

Herby House is not responsible for the independent content or privacy practices of third-party websites that we do not control. However, this does not exclude any responsibility that may arise under applicable law.

Customers should review the relevant third-party terms before using external services.

14. Privacy and Personal Information

We collect and process personal information in accordance with our Privacy Policy and applicable law.

Information may be used to process orders, arrange deliveries, facilitate payments, respond to customer inquiries, improve our services, and meet legal obligations.

We take reasonable steps to protect personal information and limit access to authorized personnel and service providers where appropriate.

For further details regarding the information we collect, how it is used, and your available privacy rights, please read our Privacy Policy.

15. Website Availability and Changes

We aim to keep our Website accessible and functioning properly. However, temporary interruptions may occur because of maintenance, technical issues, security incidents, or circumstances beyond our reasonable control.

We may modify, update, suspend, or discontinue Website features where reasonably necessary.

We will take reasonable steps to minimize disruption where practicable. Nothing in this section excludes liability or obligations that cannot lawfully be excluded.

16. Disclaimers and Limitation of Liability

The Website and its services are provided subject to applicable law and the terms expressly stated on the Website.

We do not guarantee that the Website will always be uninterrupted, error-free, or available without delay.

To the extent permitted by applicable law, Herby House will not be responsible for losses arising solely from circumstances beyond our reasonable control.

Nothing in these Terms and Conditions excludes or limits liability for fraud, wilful misconduct, gross negligence where applicable, or any liability or consumer remedy that cannot legally be excluded or restricted.

Any limitation of liability will apply only to the extent permitted by applicable law and will not override mandatory consumer protection rights.

17. Indemnity

To the extent permitted by applicable law, you may be responsible for losses, claims, or reasonable costs directly arising from your unlawful use of the Website, intentional misconduct, infringement of another person's rights, or material breach of these Terms and Conditions.

This section does not impose liability on you for matters for which you are not legally responsible, nor does it exclude any rights or remedies available to you under applicable law.

18. Suspension and Termination

You may stop using the Website at any time.

Herby House may suspend or restrict access where reasonably necessary because of fraud, unlawful activity, security concerns, or a material violation of these Terms and Conditions, subject to applicable law.

Termination of Website access does not cancel payment obligations or other lawful obligations arising from previously accepted orders.

Any provisions that by their nature are intended to continue after termination will remain applicable to the extent permitted by law.

19. Changes to These Terms and Conditions

Herby House may update these Terms and Conditions from time to time to reflect changes in our products, services, operations, or legal obligations.

The revised terms will be published on our Website with an updated effective or revision date.

Changes will apply in accordance with applicable law. Where required, we will provide notice or obtain consent before applying changes to existing arrangements.

We encourage customers to review these Terms and Conditions periodically.

20. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by the applicable laws of India.

If you have a concern or dispute relating to an order or the use of our Website, we encourage you to contact us first so that we can attempt to resolve the matter amicably.

Subject to applicable law, courts of competent jurisdiction in Kolkata, West Bengal, may hear disputes arising in connection with these Terms and Conditions.

Any arbitration agreement or arbitration procedure will apply only where legally valid and enforceable, with the process and appointment of arbitrators complying with applicable law.

Nothing in this section prevents a customer from exercising any mandatory consumer rights or approaching a consumer commission or other authority with appropriate jurisdiction.

21. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

The invalid or unenforceable provision will be interpreted or modified only to the extent legally permissible to give effect to its intended purpose.

22. Waiver

If Herby House does not immediately enforce a provision of these Terms and Conditions, this will not automatically constitute a waiver of the right to enforce that provision later.

Any waiver must be interpreted in accordance with applicable law.

23. Contact Information and Customer Support

If you have questions about these Terms and Conditions, your order, payments, shipping, returns, or any other matter relating to Herby House, please contact us.

Business Name: Herby House

Email: herbyhouse@gmail.com

Contact Number: 9903982303

Postal Address: 15, Canal Circular Rd, Daspara, Haludkol, Kolkata, West Bengal 700067

We will make reasonable efforts to review your inquiry and respond within an appropriate timeframe.

24. Interpretation

Headings and section titles are provided for convenience and do not independently determine the interpretation of these Terms and Conditions.

Words in the singular include the plural where the context permits, and references to any gender include all genders.

The terms "include" and "including" are not intended to be exhaustive unless the context expressly requires otherwise.