Terms and Conditions

BY YOUR ACCESS AND USE OF THE WWW.HOYVIN.COM WEB SITE (THE “SITE”), INCLUDING, BUT NOT LIMITED TO, ANY ORDER OR PURCHASE OF ANY PRODUCT/S FROM THE SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.

BY YOUR ACCESS AND USE OF THE WWW.HOYVIN.COM WEB SITE (THE “SITE”), INCLUDING, BUT NOT LIMITED TO, ANY ORDER OR PURCHASE OF ANY PRODUCT/S FROM THE SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.

Use of Hoyvin products and User Representations. Some Hoyvin products are NOT INTENDED FOR HUMAN CONSUMPTION or other unauthorized useYou represent, and acknowledge, as follows: you understand that some of Hoyvin’s products are offered for herbarium specimen, collection, reference, incense, scientific research, and/or ornamental display purposes only; you are eighteen (18) years of age or older, or of the age of majority where you reside; you intend to use, and shall use, any products purchased through Hoyvin for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also eighteen (18) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use; you understand that some of the products available on the Site are not intended for human consumption, and you have no intention of consuming those products marked as not intended for human consumption or marked as not intended for internal use.

Any communications or inquiries regarding human consumption of Hoyvin products cannot be responded to, and will result in immediate termination of your access to the products on the Site. You understand that Hoyvin’s products may not have been tested for safety and efficacy in commercial or any other use. Some products may contain toxins or chemicals which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact. Only those who are familiar with Hoyvin products should handle the products. Hoyvin products are sold exclusively under the condition that they will not be adulterated, mislabeled, or used as precursor materials for any scheduled or otherwise prohibited materials. The products available on this Site have not been evaluated by the United States Food and Drug Administration, and are not approved to diagnose, treat, cure or prevent disease. The historical data provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. HOYVIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. HOYVIN PRODUCTS ARE OFFERED AND SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOYVIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOYVIN BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE, MISUSE OR UNAUTHORIZED USE OF ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF USE, OTHER PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; COST OF CAPITAL OR CLAIMS OF PURCHASER’S CUSTOMERS; OR OTHER PHYSICAL HARM OR MISFORTUNE.  WITHOUT LIMITING THE FOREGOING, ANY AND ALL CLAIMS ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, STATUTORY, EQUITABLE, OR ANY OTHER LEGAL ACTIONS SHALL BE GOVERNED BY THIS LIMITATION OF LIABILITY.

Agreement to Indemnify, Defend and Hold Harmless. You shall indemnify, defend, and hold harmless Hoyvin and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney fees) that Hoyvin may sustain or incur arising from your (a) use of the products (including without limitation to storage, handling, and transportation of products); (b) use of the products by a third party with your authorization; (c) use of the products by a third party without your authorization, where such unauthorized use is due to your negligent act or omission, or willful misconduct; (d) failure to comply with any applicable laws and regulations (including, without limitation, those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products); or (e) breach of any of obligations set forth in these Terms. Hoyvin will provide you with (i) prompt written notice of such claim of which Hoyvin is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at your expense to settle and/or defend any such claim. Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of Hoyvin, which shall not be unreasonably withheld.

Return of Goods / Refunds. Due the nature of product all sales are final and there are no refunds. If you are not clear on what are you purchasing we will be happy to provide you with more information in order to enable you to make an informed purchasing decision, please send us email at contact@hoyvin.com or contact us with contact form on https://www.hoyvin.com/contact

Acceptable Orders Policy. In certain limited circumstances, such as where fraud or misuse of a product is suspected, Hoyvin reserves the right to terminate any order at any time it deems necessary for any reason.  Hoyvin does NOT ship to the countries outside of United States. You, the purchaser, have the sole responsibility to fully research and comply with the state and federal regulations of your own place of residence.

Shipment Risk of Loss and Packaging.  Title to the goods, and risk of loss and damage, shall pass at place of shipment, with the only limitation being that, if an order is lost in transit by a courier, and the courier conducts an investigation and finds that the order was, in fact, lost in transit, then Hoyvin will reship the products in the order. No reshipment or refund of any orders will occur if Hoyvin receives a delivery confirmation of the order.

Force. Hoyvin shall not be liable for any failure to deliver or delay of delivery of products where such failure or delay has been occasioned by fire, embargo, strikes, wars, accidents, acts of God, voluntary or involuntary compliance with any valid law or regulation of any governmental agency or authority, lack of transportation facilities, or similar causes beyond the control of Seller. In the case of the above events, Hoyvin will make the shipment at a later date, and you must accept delivery when the causes of such delay no longer exist.

Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Accounts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your account or password. Hoyvin reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Intellectual Property. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hoyvin or its content suppliers.

Hoyvin trademarks and trade dress may not be used in connection with any product or service that is not Hoyvin, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hoyvin. All other trademarks not owned by Hoyvin or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hoyvin or its subsidiaries.

Hoyvin grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hoyvin. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Hoyvin. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, pages, or forms) of Hoyvin and our associates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Hoyvin name or trademarks without the express written consent of Hoyvin. Any unauthorized use terminates the permission or license granted by Hoyvin. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hoyvin so long as the link does not portray Hoyvin its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hoyvin logo or other proprietary graphic or trademark as part of the link without express written permission.

Miscellaneous. These Terms, and the Privacy Policy together constitute the entire understanding between the parties and supersede any previous or contemporaneous communications, representations, or agreements, whether verbal or written. Hoyvin reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Any use of the Hoyvin website following the posting of changes to the Terms indicates acceptance and agreement as to those changes. These Terms take precedence over your additional or different terms and conditions, to which notice of objection is hereby given. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining condition.