Terms of Use

Agreement between User and https://herbapumps.com
Welcome to https://herbapumps.com. The https://herbapumps.com website (the “Site”) is comprised of various web pages operated by Herba Re-Leaf (“Herba Re-Leaf”). https://herbapumps.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://herbapumps.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://herbapumps.com is an E-Commerce Site.

This site sells Kratom products.

Privacy
Your use of https://herbapumps.com is subject to Herba Re-Leaf’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting https://herbapumps.com or sending emails to Herba Re-Leaf constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Herba Re-Leaf is not responsible for third party access to your account that results from theft or misappropriation of your account. Herba Re-Leaf and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Herba Releaf does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://herbapumps.com only with permission of a parent or guardian.

Order Processing and Shipping Times

Due to production and supply delays that may occur, please expect a 24 hour processing time for all orders. We do our best to ship orders as quickly as possible, and more often than not it will not take this long to ship your order, but please wait at least 24 business hours after placing your order before contacting our customer service department to inquire about orders that appear to have not been shipped yet.

Shipping Policies

Please be advised that by choosing the your shipping option, that you acknowledge that Herba Re-Leaf has no control over transit times once packages are in the possession of the shipping partner chosen by the consumer. 

First class & Free shipping packages

When free shipping is chosen (offered for all orders over $50), the package is sent via the most economical option available (various factors come into play which make it impossible to inform the customer of which service this will be before it is processed and shipped- zip code being delivered to, weight of the package, current shipping rates etc). More often than not, that service is USPS First Class service. 

When choosing First class shipping- be it outwardly or indirectly by choosing free shipping- its important to understand that while this is the most economical option we offer, it is also the service that experiences the most frequent and consistent delays. We strive to offer an array of options to fit each and every budget, and even the most costly shipping service experiences delays due to weather, staffing issues, or a number of other unforeseen issues that may arise. 

First class shipping services for USPS list their typical transit time as 3-5 business days on their website, but with recent priority changes and staffing shortages, this time frame has outlying instances where transit takes much longer. After seeing it time and time again, and dealing with USPS on many occasions regarding this very issue over and over, we have a clear cut response as far as how to proceed with handling these delays. 

We cannot physically file a missing mail claim until the package has been in transit for 15 business days. If your first class package has been deemed lost by USPS,  or has no recent updates/scans by the 15th business day, we will re-ship your package.

More often than not, these late packages make it to their destination within that time frame. There are occasional situations where we do in fact have to reship- and in those instances your replacement package will be resent via the same shipping method the original was, unless you choose to upgrade your shipping service at that point in time. 

Our ultimate goal is always, always to het your order to you as quickly as humanly possible, but as we entrust USPS and Fedex to transport our packages for us, there are certain things that are simply out of our control. Rest assured, we will always do what we can to remedy situations even if they were not due to an error of our own- we simply have policies in place we must adhere to so that replacements don’t get sent out when the original will make it there as well. 

Policy regarding USPS packages scanned as delivered and not received by the recipient 

In instances such as this, there are several steps that must be worked through before we are able to replace any orders.

Firstly, it’s important to note that in many of these situations, the package was prematurely scanned by the mail carrier and will be delivered in the coming business days. In others, the carrier delivers the package to an incorrect address, often on the same street or the same town. The first step in our process of deducing what may have happened would absolutely be to reach out to your local post office or Fedex hub to notify them that your package was scanned as delivered and nowhere to be found. Fedex often requires their drivers to document proof of delivery for 2 day and overnight services and this may help find out where your package is. 

If checking with neighbors and contacting the carrier doesn’t lead to a resolution, and your package isn’t delivered in the next couple of business days, we then require a copy of a filed non-emergency police report for our records before we can replace the shipment, as this is the only way we have any hope at all to recover the loss of having to send another. Most counties have an online portal for non-emergency police reports, and once completed, you can send a copy with your original order number to one of our agents at [email protected] for assistance. 

Fedex Shipping Procedures

If your package is more than 5 business days past the original expected delivery date, or more than 7 business days past the ship date with no active tracking updates-

Please contact Fedex customer support at 1.800.463.3339 and have them open a case for your package. They will give you a case number, of which the status can be tracked at https://www.fedex.com/en-us/customer-support.html 

Their support team will contact you within 48 hours with some sort of resolution, whether it be notifying you that they could not find your package or to let you know that it is on it’s way and has a new estimated delivery date. More often than not, these cases result in searches being done for the package in question and that package subsequently being delivered shortly thereafter. While there are exceptions to this, we will always respond accordingly after this step is taken. Should Fedex deem your package as officially missing, we will re-ship your order. 

Please forward any and all correspondence with the Fedex support team to [email protected] so our customer service specialists can be in the loop and prepared to help to the fullest extent of our capabilities. 

If your Fedex package has been scanned and marked as delivered but you cannot find it-

Please navigate to this page on the Fedex website and fill out the corresponding form (https://www.fedex.com/en-us/customer-support/faqs/receiving/tracking-questions/fedex-says-delivered-but-no-package.html)

Fedex support will contact you about next steps on their end. Please also send an email with the case number in an email to our customer service specialists at [email protected]. This helps us stay involved in the process, streamlining things if we do have to ultimately replace the package.

Should the case with Fedex NOT result in your package being found, forward any pertinent information to our customer service specialists, along with a completed non-emergency police report and we will re-ship your order. 


Cancellation/Refund Policy
We only replace items if they are damaged. Any product that has been opened (in regards to the Mit Quick Pumps, opening the product would mean removing the pump top from the rest of the bottle to access the chamber that holds the liquid extract) will not be eligible for replacement. Due to the nature of the product there are no refunds or returns.

Product Replacement

Herba Re-Leaf’s ultimate goal is to help our customers have the best possible experience with safe, high quality kratom extracts. We will always do everything in our power to ensure that your products arrive in the best possible condition, but we know that sometimes damage can occur in the possession of our shipping partners, and that the nature of our Mit Quick Pump bottles means that there may be reported instances of mechanical errors and malfunctions. The following are the official Herba Re-Leaf Standard Operating Procedures for replacement of defective or damaged product.

Defective Product

In the event that your Mit Quick Pump arrives and it’s not working the way it should, we urge you to reach out to one of our customer service specialists for troubleshooting and additional assistance. One of our attentive agents will walk you through some steps to rule out a few common, yet easy to fix issues. Should that not solve your issue, we will request the bottle be sent back to our headquarters for further inspection, and once it is deemed the bottle is in fact in poor operating shape, we will send you a replacement free of charge. 

Should the bottle be further inspected and found to be in good operating order, we will send the item back to you and contact you and help walk you through using the product to its best capacity. 

Damaged Product

In the event you receive your package and some or all of the product is damaged, please contact our customer service specialists (via live chat on the website or at [email protected]) for assistance. We will require photos of the damages so we can file the appropriate forms for a reimbursement from the shipping partner, and once the pertinent information is received we will get replacements sent out to you via the same shipping method the original order was sent. 

Links to Third Party Sites/Third Party Services
https://herbapumps.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Herba Re-Leaf and Herba Re-Leaf is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Herba Re-Leaf is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Herba Re-Leaf of the site or any association with its operators.

Certain services made available via https://herbapumps.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://herbapumps.com domain, you hereby acknowledge and consent that Herba Re-Leaf may share such information and data with any third party with whom Herba Re-Leaf has a contractual relationship to provide the requested product, service or functionality on behalf of https://herbapumps.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://herbapumps.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Herba Re-Leaf that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Herba Re-Leaf or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Herba Re-Leaf content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Herba Re-Leaf and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Herba Re-Leaf or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Herba Re-Leaf has no obligation to monitor the Communication Services. However, Herba Re-Leaf reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Herba Re-Leaf reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Herba Re-Leaf reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Herba Re-Leaf’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Herba Re-Leaf does not control or endorse the content, messages or information found in any Communication Service and, therefore, Herba Re-Leaf specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Herba Re-Leaf spokespersons, and their views do not necessarily reflect those of Herba Re-Leaf.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Herba Re-Leaf does not claim ownership of the materials you provide to https://herbapumps.com (including feedback and suggestions) or post, upload, input or submit to any Herba Re-Leaf Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Herba Re-Leaf, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Herba Re-Leaf is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Herba Re-Leaf’s sole discretion.


By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.

International Users
The Service is controlled, operated and administered by Herba Re-Leaf from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Herba Re-Leaf Content accessed
through https://herbapumps.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Herba Re-Leaf, it’s officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services. This also includes any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Herba Re-Leaf
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Herba
Re-Leaf in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Herba Re-Leaf agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Release of Liability 

By using this site and purchasing products from Herba Re-Leaf, you hereby agree to release Herba Re-Leaf from any liability resulting in misuse or abuse of the products offered at https://herbapumps.com. We strive to offer safe, high quality kratom products, and educate our customers along the way, but cannot be held liable if said products are used irresponsibly or in addition to any other substances (including but not limited to prescription drugs, illicit substances or other natural supplements). 


Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HERBA RE-LEAF AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HERBA RE-LEAF AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HERBA RE-LEAF AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HERBA RE-LEAF AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HERBA RE-LEAF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Herba Re-Leaf reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Herba Re-Leaf as a result of this agreement or use of the Site. Herba Re-Leaf’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Herba Re-Leaf’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Herba Re-Leaf with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Herba Re-Leaf with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Herba Releaf with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Herba Re-Leaf reserves the right, in its sole discretion, to change the Terms under which https://herbapumps.com is offered. The most current version of the Terms will supersede all previous versions. Herba Re-Leaf encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Herba Re-Leaf welcomes your questions or comments regarding the Terms:

Herba Re-Leaf
281 W 6th St.
W. Wyoming, Pennsylvania 18644

Email Address:
[email protected]

Telephone number:
1-844-MIT-LEAF

Effective as of April 03, 2023