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Terms and Conditions

1. Acceptance of the terms of use

These terms of use are entered into by and between You (Customer) and Hawaii Pharm, LLC (“Hawaii Pharm”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of hawaiipharm.com, including any content, functionality and services offered on or through hawaiipharm.com (the “Website”), whether as a guest or a registered user. Placing an Order implies the immediate, complete and unconditional acceptance of the Terms of Use.

2. Terms of Use:

By making a purchase on this website (hawaiipharm.com) I, the Customer, agree to, and shall adhere to the following terms:

2.1. Shipping Terms:

2.1.1. Customer acknowledges that Hawaii Pharm ships all orders from Hawaii, USA with USPS (United States Postal Service).

2.1.2. Customers are responsible for all additional shipping costs that may arise from an incorrect address or refused shipment.

2.1.3. Hawaii Pharm is not responsible for packages held by Customs.

2.1.4. Hawaii Pharm is not responsible for international fees and customs duties, customs clearance, brokerage fees or taxes. The customer is responsible for any related charges. Customs clearance and all costs and risks involved in delivering goods from the seller's premises to their destination are the buyer's responsibility.

2.1.5. There are no guarantees about the terms of delivery for international orders. International packages are at your own risk. Confirmation of sending the package is a tracking number. After the package has departed from our post office, we relieve ourselves of all responsibility for its delivery, including time, customs clearance, loss and damage during transit to the recipient.

2.1.6. Tracking number that is provided to a customer when an order is shipped serves as proof of delivery.

2.2. Discreet Shipping:

All orders are processed securely and discreetly by Hawaii Pharm representatives. Providing correct contact, billing and shipping information will ensure a smooth transaction. Any information that is missing may delay the order until all information is collected and processed. All orders will be wrapped in secure unmarked containers. There are no visible markings that indicate the content of the parcels.

2.3. Free shipping:

We offer free shipping on all orders placed in the continental United States, Hawaii and Alaska on orders that exceed $50.00. Free Shipping option is not available for international addresses.

2.4. Returns:

2.4.1. In order to initiate the return, customers need to create a return request in their customer profile order history page on our website and receive the Return Merchandise Authorization (RMA) number, or fill out the form on the Products Returns page: https://www.hawaiipharm.com/index.php?route=account/return/add. You may also contact Customer Support for assistance.

Prior to requesting a return, ensure that the following conditions are met:

2.4.2. If for any reason the customer is not completely satisfied with the purchase, any retail sized product (2 oz and 4 oz) may be returned in its original condition within 30 days of receipt in order to receive a refund, replacement, or an exchange.

2.4.3. Returns caused by an error from our end shall be authorized if the customer has notified us within 7 days of receipt of goods.

2.4.4. For health, medical and safety reasons, open products cannot be returned, restocked, and refunded. These products must be destroyed if returned due to the nature of dietary supplements as they’re consumable products of personal use. Returns are accepted only if the container is not opened, and the shrink-band seal is not broken.

2.4.5. Shipping costs are non-refundable, so the real cost of shipping may be deducted from the refund amount even if your order had free shipping as a promotion when you placed an order.

2.4.6. Wholesale sized products (32 oz, 64 oz, and 2 gal containers) may be returned within 14 days of receipt of the order. The items have to be returned in their original condition, with safety seals intact. Wholesale sized products are subject to a restocking fee which is equal to 15% of the total amount of the order. Restocking fee and real shipping cost shall be deducted from the amount that is to be refunded for the return.

2.4.7. Once the order is placed, you may cancel it within 24 hours after the payment, but the order cannot be canceled once it's processed, and the status is changed to "shipped".

2.4.8. If you want a refund for your order after it's been processed - you may refuse the package upon arrival or return it, and we will issue a refund once the package is returned to us.

2.4.9. Orders that have been refused may also be subjected to a restocking fee which is equal to 15% of the total amount of the order. We spend our time and resources processing your orders: using packing materials, purchasing shipping labels. The restocking fee is compensation for the work that's already done to process your order.

2.4.10. If the reason for the return is an error from our fulfillment of the order, then return shipping is paid by the seller.

2.4.11. If the reason for the return is not an error from our end but a change of mind, customer error, or any other reason not caused by the seller - then return shipping is paid by the customer.

2.5. Wholesale Orders

2.5.1 For all wholesale orders, defined as orders exceeding 10 bottles or any quantity of products sized 32 oz or larger, shipping will be conducted with a 'signature required' service. The recipient must sign for the package upon delivery.

Should a customer decline the option for Signature Required shipping, they accept full responsibility for the order once it is dispatched, including any risks associated with delivery. From the moment the order is shipped and a tracking number is issued, our responsibility for the order's delivery is waived, transferring all liability to the customer.

This condition is established to protect both our customers and our business, ensuring that high-value orders are delivered securely and acknowledged upon receipt.

2.5.2 In the event of a package return due to the absence of a signature or any other reason within the customer's control, and if re-shipping is requested, the customer will be responsible for all re-shipping costs.

Should the customer opt for a refund in lieu of re-shipment, a 15% restocking fee will be applied.

It is the customer's responsibility to monitor the progress of their shipment and ensure receipt of the order.

2.5.3 Wholesale sized products are subject to a 15% restocking fee when returned, as per

point 2.4.6 of this agreement, so as a precaution, prior to placing a wholesale order, the customer needs to verify the suitability and compatibility of the product by ordering a retail sized product for product testing.

2.5.4 Please note that we do not ship wholesale orders to P.O. Box addresses. Customers placing wholesale orders must provide a physical street address for shipping. This policy ensures that shipments are trackable and securely delivered, aligning with our commitment to reliable and efficient service.

2.6. Refund Policy:

Refunds may be requested under the following conditions:

2.6.1. If the order was placed by mistake, the shipping label has not been purchased, and the product has not been shipped. Once the shipping label is purchased, the order cannot be canceled and a refund cannot be issued. In that case, you may reject the parcel upon arrival, and a refund will be issued once the parcel is returned to our warehouse.

2.6.2. If the order was received, but the product was damaged during transit, you may either ask for a refund or a replacement. Photos of the parcel and damaged products are required.

2.6.3. If the items received do not match the items listed in the invoice, you may either ask for a refund or a replacement. Incorrectly fulfilled items need to be reported within 7 days of receipt of goods. A photo of the products received is required.

2.6.4. Taste, color, smell, consistency of a product, allergic reactions, or other adverse individual reactions are not grounds for a refund for Wholesale options (32 fl.oz, 64 fl.oz, 2 Gal) if unopened products are not returned with containers and seals intact and in their original condition. The customer needs to verify the suitability and compatibility of the product by ordering a retail sized product for product testing.

2.6.5. For non-wholesale orders with retail sized products (2 fl.oz and 4 fl.oz options), we accept items for a refund request only if no more than one of multiple bottles of the same kind has been opened. All other items need to be unopened, sealed, and shall be returned in their original condition. Opened products do not need to be returned. A refund shall be issued for both opened and unopened products. In some situations, you may still be requested to return the open products for internal investigation.

2.6.6. Once authorized, a refund shall be issued between 1 to 2 business days, and the funds will be returned to the same payment method that was used to place an order. Refund processing times may vary depending on your financial institution that was used to place an order.

2.7. Chargeback Claims

2.7.1. All chargeback claims require supporting documentation, including but not limited to: proof of return shipment, evidence of damaged goods, or any other relevant information.

2.7.2. Customer agrees to make an attempt to settle the issue in good faith prior to initiating the chargeback claim by contacting Hawaii Pharm and providing supporting documentation and/or reason for a refund request. Supporting documentation may include but is not limited to: copy of correspondence with the seller, tracking information, photos of the product, etc.

2.7.3. If the customer has not taken steps to resolve a dispute with a seller, if the customer is unavailable and cannot be reached by the seller or has not contacted the seller via email or support chat on the website, then the chargeback claim is considered unauthorized, invalid, and is not subject to authorization.

3. Legal Disclaimer:

3.1. Our products are herbal dietary supplements and have not been evaluated by the Food and Drug Administration, are not intended to diagnose, treat, cure or prevent any disease.

The information and statements made are for educational purposes and are not intended to replace the advice of your treating doctor.

We suggest consulting a physician before using our or any other herbal supplements.

Hawaii Pharm does not dispense medical advice, prescribe, or diagnose illness. The views and nutritional advice expressed by Hawaii Pharm are not intended to be a substitute for conventional medical service.

Your use of the website, its content, and any services or products obtained through the website is at your own risk. In no event will Hawaii Pharm, its affiliates or their licensors, service providers, employees, agents, officers, owners, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the products, any content on the website, or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

3.2. California residents:

Established within the state of California in 1986, Prop 65 requires the state to keep an updated list of both natural and synthetic chemicals that may cause cancer or reproductive harm. While the sale of these chemicals is not prohibited, California businesses (grocery stores, restaurants, hospitals, etc.) are legally obligated to include the appropriate warnings on their labels when working with consumers. Prop 65 is only required under California law. These chemicals are not added to the products but are naturally occurring in many of the starting raw materials (ingredients) and/or result from the processing (cooking) of these products. We are providing the following warning for products we sell:

WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Hawaii Pharm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@hawaiipharm.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Hawaii Pharm. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Hawaii Pharm name and all related names, logos, product and service names, designs, and slogans are trademarks of Hawaii Pharm. You must not use such marks without the prior written permission of Hawaii Pharm. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Hawaii Pharm, an Hawaii Pharm employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Hawaii Pharm or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hawaii Pharm, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hawaii Pharm. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Hawaii in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Hawaii Pharm nor any person associated with Hawaii Pharm makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Hawaii Pharm nor anyone associated with Hawaii Pharm represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Hawaii Pharm hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will Hawaii Pharm, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Hawaii Pharm, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii in each case located in the City of Honolulu. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within 6 months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Hawaii Pharm of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hawaii Pharm to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Hawaii Pharm with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Hawaii Pharm, LLC.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@hawaiipharm.com.

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