These Terms and Conditions (“Terms”) govern all international sales and transactions conducted between theherbs.cc (“Seller” or “we”) and the buyer (“Buyer” or “you”) for the purchase of products or services (“Products”) offered by Seller. By placing an order with Seller, Buyer agrees to be bound by these Terms. Please read them carefully before proceeding with your purchase.
1. Governing Law:
These Terms and all matters arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
2. Orders and Acceptance:
- Buyer’s order constitutes an offer to purchase the Products under these Terms.
- Seller’s acceptance of Buyer’s order is conditional upon Buyer’s agreement to these Terms. Seller may accept or reject Buyer’s order in whole or in part at its sole discretion.
- A confirmed order constitutes a binding contract between Buyer and Seller.
3. Pricing and Payment:
- All prices are quoted in [Currency] and are exclusive of any applicable taxes, duties, or other charges, unless otherwise stated in writing.
- Buyer is responsible for all applicable taxes, duties, and other charges associated with the purchase and importation of the Products into Buyer’s country.
- Payment shall be made in [Currency] by [Payment Methods Accepted, e.g., wire transfer, credit card, etc.] within [Number] days of invoice date, unless otherwise agreed in writing.
- Late payments may be subject to interest charges at the rate of [Percentage] per month or the highest rate permitted by applicable law, whichever is lower.
4. Shipping and Delivery:
- Shipping terms shall be [Incoterms, e.g., FOB, CIF, etc.] as specified in the order confirmation. If no Incoterms are specified, the default shall be [Your Default Incoterm].
- Delivery dates are estimates only and are not guaranteed. Seller shall not be liable for any delays in delivery caused by factors beyond its reasonable control, including but not limited to, acts of God, war, strikes, transportation delays, or customs delays.
- Buyer is responsible for all shipping costs, including freight, insurance, and customs clearance fees, unless otherwise agreed in writing.
- Risk of loss or damage to the Products shall pass to Buyer upon delivery in accordance with the agreed-upon Incoterms.
5. Inspection and Acceptance:
- Buyer shall inspect the Products within [Number] days of delivery and notify Seller in writing of any defects or nonconformities.
- Failure to notify Seller within the specified timeframe shall be deemed acceptance of the Products.
6. Warranty:
- Seller warrants that the Products shall be free from material defects in workmanship and materials for a period of [Number] [Months/Years] from the date of shipment.
- This warranty is exclusive and in lieu of all other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
- Seller’s liability under this warranty is limited to the repair or replacement of defective Products, at Seller’s sole discretion.
7. Returns and Refunds:
- Returns are only accepted for defective Products covered by the warranty.
- Buyer must obtain a return authorization from Seller before returning any Products.
- Buyer is responsible for all return shipping costs, unless the return is due to Seller’s error.
- Refunds will be issued after Seller has received and inspected the returned Products.
8. Intellectual Property:
All intellectual property rights in the Products, including but not limited to trademarks, patents, and copyrights, shall remain the sole property of Seller.
9. Confidentiality:
Buyer agrees to keep confidential all information disclosed by Seller in connection with the Products and these Terms.
10. Force Majeure:
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by a force majeure event, including but not limited to, acts of God, war, strikes, natural disasters, or government regulations.
11. Dispute Resolution:
Any dispute arising out of or in connection with these Terms shall be resolved through [Dispute Resolution Method, e.g., binding arbitration in [Location] under the rules of [Arbitration Institution], or litigation in the courts of [Your Country/State]].
12. Entire Agreement:
These Terms constitute the entire agreement between Buyer and Seller with respect to the Products and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Amendments:
These Terms may be amended by Seller from time to time without notice. The current version of the Terms will be posted on Seller’s website.
14. Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Language:
These Terms are written in English. In the event of any discrepancy between the English version and a translated version, the English version shall prevail.
16. Contact Information:
[Your Company Name] [Your Address] [Your Phone Number] [Your Email Address]
This is a sample Terms and Conditions document and should be reviewed and modified by legal counsel to ensure it complies with applicable laws and meets the specific needs of your business. It is important to consult with a lawyer specializing in international trade to draft terms that adequately protect your interests.