Refund policy

Return and Refund policy

This Return and Refund Policy applies to sales of products or services by Herbaly Marketplace Inc., a Corporation, registered in the Province of Quebec (“Herbaly”), to the user or customer who accesses our Website (as defined in our Terms and Conditions, available here: https://herbaly.com/pages/terms-conditions) to purchase products or goods, and/or access other Services (the “user”/”User”, “customer”, or “you”). Throughout the site and this Policy, the terms “we”, “us” and “our” refers to Herbaly. Your purchase of any products or services from the Website is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated here, and on the Website. This Return and Refund Policy may reference terms mentioned in our Terms and Conditions, and when such words, phrases or terms are used, they shall have the same meaning as described in the Terms and Conditions.

SECTION 1-RETURN POLICY

a) General Policy. Any returns are offered at our sole discretion, as described hereunder or otherwise communicated in writing to the user. We have a 30-day return policy for domestic US based users, customers and households with respect to the first order purchased from us alone, which means you have 30 days after receiving your first items ordered to request a return, if you are located in the United States. To be eligible for a return, you must return your item, in its original packaging. You’ll also need the receipt or proof of purchase. To start a return, you can contact us at support@herbaly.com or initiate a return via our return platform available here: https://herbaly.com/a/service. Please note that returns will need to be sent to the following address: [1001 Nolen Drive, Suite 400, Grapevine, TX, 76051]. If your return is accepted, we’ll send you a return shipping label with the cost of shipping deducted from your prospective refund, as well as instructions on how and where to send your package. You may also arrange to ship any returned items with a label procured independently, however any independent shipping plans or labels must first be authorized by us, and you must follow our instructions for shipping and using such labels. Items sent back to us without first requesting a return will not be accepted. You can always contact us for any return question at support@herbaly.com.

b) Satisfaction Guarantee. The above 30-day return policy will include a full refund/money back guarantee for the cost of the products purchased (but not for shipping costs or fees) upon the successful processing of a return, but only for first time orders/customers/households. After your first order, including any subsequent orders made via a subscription, all orders will be final. Given the nature of our products, we cannot restock them. However, the money back guarantee still requires the customer to return the product for the refund, but they can return a fully consumed product and empty packaging.

c) Damages and issues. Please inspect your order upon receipt and contact us immediately if the item is defective or damaged, or if you receive the wrong item, so that we can evaluate the issue and make it right. If the product is damaged or defective, we will offer a replacement item. Generally, we aim to honor returns and exchanges for damaged or defective products, for all orders and customers. For customers who are not eligible for the 30-day satisfaction guarantee, but who are otherwise eligible for receiving returns, refunds or exchanges under this clause, all such returns, refunds or exchanges will be made by us exclusively and strictly in accordance with the terms in this Policy, including those described in this Section 1 with respect to the process for requesting a refund or exchange, or with respect to shipping and delivery fees.  

d) Exceptions / non-returnable items. Certain types of items cannot be returned, like perishable goods (such as certain products or supplements we may supply which are of a perishable nature), or custom products (such as special orders or personalized items). Please get in touch if you have questions or concerns about your specific item. If any product we sell is non-refundable, we will notify you at the time of purchase. Unfortunately, we cannot accept returns on sale items or gift cards. Furthermore, we do not accept returns or issue refunds after the first order is returned/refunded, for any particular order (i.e. a second return or refund for a subsequently replaced product is not included in this policy).

e) Exchanges. The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item. Unless stated otherwise on our website, we reserve the right not to accept exchanges given the nature of the product.

f) Returned Items. Any item that is returned to us as undelivered or undeliverable will NOT be subject to any return, refund or exchange policy, to the extent permitted by law. However, we will offer to reship the returned package to you, at your cost, after the receipt of any shipping/delivery charges associated with the reshipping of the package. Shipping/delivery charges shall apply for reshipping items regardless of whether the initial purchase involved free shipping. We will attempt to contact the customer to inform them of the undeliverable item, and to get updated shipping or delivery information. However, there will be no refund or exchange offered, and we will hold the undelivered products without refund until the customer officially requests a reshipment and pays for the shipping/delivery fees.

SECTION 2-REFUNDS

Outside of the terms stated in this Return and Refund Policy, any returns are offered at our sole discretion, and we may deny a return for any specific order at our sole discretion. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at support@herbaly.com. Please Note: In all cases, whether pursuant to the 30-day satisfaction guarantee or otherwise, any refund or exchange offer does NOT include shipping and delivery fees, which are the sole responsibility of the user/customer, to the extent permitted by law.

SECTION 3-AMENDMENT AND CHANGES TO POLICY

We may amend and change this policy at any time, by posting the amended policy on our Website, and making it available to our customers. It is your responsibility to ensure that you are up to date on the most recent policy edition by checking our Website. Any changes to this policy will apply to all orders which are received by us after the change goes into effect.

SECTION 4-USER RIGHTS OF WITHDRAWAL IN THE EUROPEAN UNION

a) Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from any contract with Herbaly, within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

b) Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification cannot benefit from the rights described in this section.

c) Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to Herbaly an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available below. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

d) When does the withdrawal period expire?

i) Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

ii) In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

iii) In case of purchase of a physical product, the withdrawal period expires 14 days after the delivery of goods, unless the User has waived the withdrawal right. In such cases the User must return the goods purchased in the condition they were received within 14 days of notifying us of their exercise of the right of withdrawal. Please note: the satisfaction guarantee described above does not apply to the User’s right of withdrawal, and the right of withdrawal for EU customers differs in its terms to the satisfaction guarantee above made available to US based customers.

e) Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by Herbaly for all payments made to Herbaly, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by Herbaly, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which Herbaly is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

f) On the purchase of services

Where a User exercises the right of withdrawal after having requested that a service be performed before the withdrawal period expires, the User shall pay to Herbaly an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

        g) Example withdrawal form

Addressed to:

Herbaly, Inc.
support@herbaly.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date: _____________________________________________

(sign if this form is notified on paper)