Terms of Sale

Eastwind Herbs, Inc. is a duly authorized California corporation located in Shasta County, California. Lotus Herbs is wholly owned and operated under Eastwind Herbs, Inc. Lotus Herbs will hereinafter be referred to as "Lotus Herbs"or "Lotus Herbs"or as "we" or "us" or "our". "Customer" and/or "you" or "your" refer to all individuals and entities purchasing products from Lotus Herbs.

  1. EXCLUSIVE TERMS.These terms and conditions are the exclusive terms and conditions by which all Lotus Herbs products are sold to a Customer. Lotus Herbs expressly rejects all other conditions of sale, proposed or imposed by a Customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Lotus Herbs. You agree, at our discretion and without notice to you, unless we have agreed otherwise, in the form specified in this section, to your terms and conditions, whenever and however your terms have been communicated to us, that we may disregard your terms and conditions as having no legal force or effect and proceed as if you have not communicated your own terms and conditions, or we may reject your order.
  2. AMENDMENT OF TERMS.These Terms and Conditions may be amended by us from time to time, without notice. Our most current terms and conditions will always be posted on our website at loherbs.com. You agree that your ordering of products from us, whether on the internet, by phone, fax, mail or in person, constitutes your agreement to our Terms and Conditions as they exist as of the date you place your order. You agree that it is your responsibility to either review our current terms on our website or to otherwise obtain a copy of our current Terms and Conditions prior to placing an order.
  3. ACCURACY OF INFORMATION.Lotus Herbs makes reasonable efforts to provide accurate and timely information about its products on its website (Lotusherbs.com), and other written material. You waive any claims arising from inaccurate or omitted information on our website, and other written material.You are encouraged to bring what you believe to be inaccurate or omitted material to our attention by sending an email to info@lotusherbs.com.
  4. PRODUCT PRICING.The price we charge for our products is subject to fluctuations, including availability of product, cost of shipping, and international monetary fluctuations. And, from time to time we offer special promotions that impact price. 
  5. QUOTATIONS.All quotations from Lotus Herbs, whether in writing or orally are intended to cover the specific quantity identified in the quotation and do not pertain to a greater or lesser quantity unless the greater or lesser quantity is specifically approved in writing by a corporate officer of Lotus Herbs. Unless otherwise specifically identified in the quotation or otherwise approved by Lotus Herbs in writing, the quoted quantity will be delivered to Customer in a single shipment as specified in the Quotation. Except for Special Orders, our Quotations are based on available inventory which inventory availability cannot be confirmed until Lotus Herbs accepts a purchase order from Customer. Lotus Herbs's quotations remain valid for five (5) business days for stock items and ten (10) business days for Special Orders and apply only to inventory that is available at the time Lotus Herbs accepts Customer's Order.
  6. PAYMENT TERMS CREDIT CARDS AND CREDIT.
    A. All purchases must be paid for at the time of placing the order or on a COD basis (you are responsible for COD charges in addition to shipping).
    B. Lotus Herbs accepts Visa, MasterCard, American Express and Discover debit and credit cards ("Card" or "Cards") as well as money orders and cashier's checks. There is no surcharge for using your Card to make purchases with us if we have not extended credit terms to you. Cards will be charged upon placement of your order.
    C. CARD SECURITY. All Card transactions, whether initiated on our Website or by some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. Our website uses SSL (Secure Socket Layer) encryption. In the event of an unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will Lotus Herbs be liable for unauthorized use of your Card by a third party. If you choose to pay for your purchases from us with a Card, you are agreeing that Lotus Herbs may submit proper charges to that Card, and that Lotus Herbs is not liable for unauthorized transactions by third parties.
    7. SHIPPING.Unless we have agreed to pay for shipping as part of a promotion, all shipping is charged to you and will be included on the order invoice or by separate invoice if shipping charges are not ascertainable in advance. You may also designate your own freight collect shipper. In all cases, Lotus Herbs's responsibility for the risk of loss ceases upon delivery to the shipper, and thereafter, you will bear the risk of loss. You must make all claims arising from shipping directly to the shipper, unless the shipper requires Lotus Herbs to submit the claim. If so required, Lotus Herbs will process and submit a claim to the shipper on behalf of the Customer for damages that occurred during shipping. In no event will Lotus Herbs have liability to the Customer with respect to Lotus Herbs's handling of the claim nor is Lotus Herbs responsible for the shipper’s claim adjudication.
  7. LIMITED WARRANTY AND LIMITED LIABILITY. YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. LOTUS HERBS AGREES THAT IT WILL REPLACE ALL DEFECTIVE PRODUCTS, WHEN THE DEFECTS ARE REPORTED WITHIN FIFTEEN CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOTUS HERBS LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF MAYWAY, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL LOTUS HERBS BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
  8. RETURN OF GOODS.
    A. Goods may be returned, if you have contacted us within 15 days of receipt of merchandise and we have given you a Return Memo Authorization (RMA) number. Exception: Personalized special formulations are NOT returnable.
    B. All other goods may be returned to us with the bottles or other packaging unopened, unmarked and in saleable condition and shipped at your expense within 30 days of your receipt of the goods and will be subject to a 20% restocking fee.
    C. Other than the aforesaid circumstances, the return of merchandise is not allowed.
  9. NO HEALTH OR OTHER REPRESENTATIONS.
    A. All statements on our Website, or other written material about Lotus Herbs products have not been evaluated by the Food and Drug Administration. Lotus Herbs products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that Lotus Herbs may include product cautions and contraindications on our website or other written material, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information is not intended to substitute for the advice of a health care professional.
    B. Customer has not relied upon information or statements on our website or other written material or information or opinion directly provided by Lotus Herbs and its employees, including but not limited to our sale and professional staff for the purpose of purchasing, prescribing or using our products. Customer has solely relied on Customer's own skill, judgment, exercise and knowledge when purchasing, selling and using Lotus Herbs products.