Terms & Conditions
TERMS OF SERVICE
This website is operated by HeavenLeaf. Throughout the site, the terms “we”, “us” and “our” refer to HeavenLeaf. HeavenLeaf offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age dictated by your State or Province in regard to the purchase and / or use of smoking and / or smoking-related products. California residents must be 21 when purchasing any smoking and / or smoking-related products or services from HeavenLeaf, and must be 18 or over in any other state or province, provided that the state or province does not dictate a different age regulation in relation to the purchase and / or use of smoking and / or smoking-related products.
You may not, in any circumstance, purchase any products from HeavenLeaf that are intended to be smoking and / or smoking-related products if you are under the legal age of smoking determined by your federal and local laws. No individual under 18 is permitted to purchase any HeavenLeaf smoking and / or smoking-related products. By doing business with us, you agree that you are at least the minimum legal age to purchase and / or use smoking products as determined by the laws that govern your country, state, and locality. We are not responsible for any liabilities should you provide false identification or lie about your age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
HeavenLeaf’s products, including but not limited to Teabacco, are solely made of natural tea leaves, USP vegetable glycerin, natural sugar syrup, and natural flavorings. There is no presence of tobacco or nicotine in any of our products. Our products may contain USP grade propylene glycol and / or caffeine naturally derived from tea.
HeavenLeaf’s products, including but not limited to Teabacco, are classified under the United States Harmonized Tariff Schedule (HTSA) as schedule 0902.40.00 labeled “other black tea”, unless specifically stated otherwise, and follow all federal and international policies, procedures, and guidelines. Any of our customers purchasing and using our products, including government officials such as customs and border protection agents, please take notice of our ingredients and the fact that HeavenLeaf does not fall into the category of a “tobacco product” or a product containing nicotine. Proof from independent laboratory results for the lack of presence of tobacco and nicotine in our Teabacco products may be provided to you upon request.
HeavenLeaf’s products, including but not limited to Teabacco, are not a safer alternative to conventional tobacco. Smoking in general poses many health risks, including but not limited to, respiratory failure, cancer, and reproductive harm.
Please note that the use of Teabacco in any way shape or form, and both with or without natural botanicals, is done at your own voluntary risk. HeavenLeaf is not liable for any consequences, including but not limited to damages of any kind, that may result in the use of Teabacco.
HeavenLeaf Infusion is a product line derived of Teabacco, and contains an infusion of natural botanicals with the main active botanical being the Areca Nut. The Infusion line contains all the same risks as Teabacco, and includes other risks associated with the consumption of Areca Nut. By voluntarily choosing to use the Infusion line, you agree that you have read and are aware of the below WebMD risks associated with using Areca Nut, and hold HeavenLeaf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any liability and / or claim.
According to WebMD, risks associated with using Areca Nut include but not limited to the following:
"When taken by mouth: There isn't enough reliable information to know if betel nut is safe to take in small doses or for a short time. But betel nut is LIKELY UNSAFE when taken long-term or in high doses. Some of the chemicals in betel nut have been associated with cancer. Other chemicals are poisonous. Eating 8-30 grams of betel nut can cause death."
"Chewing betel nut can make your mouth, lips, and stool turn red. It can cause stimulant effects similar to caffeine and tobacco use. It can also cause more severe effects including vomiting, diarrhea, gum problems, increased saliva, kidney disease, chest pain, abnormal heart beat, low blood pressure, shortness of breath and rapid breathing, heart attack, coma, and death. It's LIKELY UNSAFE for anyone to take betel nut by mouth for more than a short time. But betel nut is especially dangerous for people with the following conditions:"
"Pregnancy and breast-feeding: Taking betel nut by mouth is LIKELY UNSAFE. Betel nut can affect the central nervous system and this might endanger a pregnancy. Chemicals in betel nut might pass into breast milk and harm a nursing infant. Stay on the safe side and avoid using betel nut if you are pregnant or breast-feeding."
"Asthma: Betel nut might make asthma worse."
"Slow heart rate (bradycardia): Betel nut might slow down the heart beat. This could be a problem in people who already have a slow heart rate."
"Heart disease: People with heart disease might have an increased risk of having a heart attack if they use betel nut. If you have heart disease, do not use betel nut."
"Gastrointestinal tract blockage: Betel nut might cause "congestion" in the intestines. This might cause problems in people who have a blockage in their intestines."
"Stomach ulcers: Betel nut might increase secretions in the stomach and intestines. There is concern that this could worsen ulcers."
"Lung conditions: Betel nut might increase fluid secretions in the lung. There is concern that this could worsen lung conditions, such as asthma or emphysema."
"Seizures: There is concern that betel nut might increase the risk of seizures."
"Urinary tract obstruction: Betel nut might increase secretions in the urinary tract. There is concern that this could worsen urinary obstruction."
"Drying medications (Anticholinergic drugs) interacts with BETEL NUT
Betel nut contains chemicals that can affect the brain and heart. Some drying medications can also affect the brain and heart. But betel nut works differently than drying medications. Betel nut might decrease the effects of drying medications."
"Some of these drying medications include atropine, scopolamine, and some medications used for allergies (antihistamines), and for depression (antidepressants)."
"Various medications used for glaucoma, Alzheimer disease, and other conditions (Cholinergic drugs) interacts with BETEL NUT
Betel nut contains a chemical that affects the body. This chemical is similar to some medications used for glaucoma, Alzheimer disease, and other conditions. Taking betel nut with these medications might increase the chance of side effects."
"Some of these medications used for glaucoma, Alzheimer disease, and other conditions include pilocarpine (Pilocar and others), donepezil (Aricept), tacrine (Cognex), and others."
"Medications for depression (MAOIs) interacts with BETEL NUT
Betel nut might increase the amount of a chemical in the brain. This chemical is called serotonin. Some medications used for depression also increase serotonin. Taking betel nut with these medications used for depression might cause there to be too much serotonin. This could cause serious side effects including heart problems, shivering, and anxiety."
"Some of these medications used for depression include phenelzine (Nardil), tranylcypromine (Parnate), and others."
"Doxorubicin (Adriamycin, others) interacts with BETEL NUT
There is some concern that betel nut might cause mouth sores in people being treated with doxorubicin for cancer. Until more is known, avoid betel nut if you are being treated with doxorubicin."
The use of Teabacco is in no way less harmful than other conventional types of smoking, and any and all risks associated with smoking may be associated with Teabacco. Although Teabacco may be considered an alternative to conventional tobacco, Teabacco still poses the same risks normally associated with conventional tobacco. Teabacco is in no way shape or form healthier, safer, or less dangerous than conventional tobacco.
No claims, representations or warranties, whether expressed or implied, are made by HeavenLeaf as to the safety, reliability, durability and performance of any of our companies' products. Furthermore, our company accepts no liability whatsoever for the safety, reliability, durability and performance of any of our companies' products.
In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products.
HeavenLeaf’s products, including but not limited to Teabacco, abide by all federal, state, provincial, and local jurisdictions. HeavenLeaf makes every effort to abide with all laws and regulations, and shall continue to abide by any new laws and regulations as required.
Any statement made by HeavenLeaf, whether physically or digitally, have not been evaluated by the Food and Drug Administration. No product made by HeavenLeaf is intended to diagnose, treat, cure, or prevent any disease.
Teabacco is not intended for edible consumption, so do not ingest under any circumstances.
Although Teabacco does not contain any nicotine or tobacco, it is important to adhere to various SURGEON GENERAL’S WARNIGNS in relation to smoking, and note that the same risks listed by the Surgeon General may be risks associated with the use of Teabacco:
- Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.
- Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.
- Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight.
- Cigarette Smoke Contains Carbon Monoxide.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HeavenLeaf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HeavenLeaf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and all localities.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.