Terms & Condtions

This Agreement (“Agreement”) is an agreement between you and Hebe Kombucha Inc. (“us’, “we”, “our”). This agreement states the terms and conditions under which you may use our Hebe Kombucha Inc. website (“the Site”). The Site allows you to place your orders online and receive our Hebe Kombucha products via online orders, which includes processing and delivery of product orders. Your use of Hebe Kombucha Inc. online ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or Hebe Kombucha Inc. ordering service.

If you have any questions about this Agreement or the Site please contact us.

The following General Terms and Conditions of purchase and sale apply to any transactions that take place between Hebe Kombucha Inc. and the purchaser of our products, unless otherwise agreed in writing.

By purchasing our products and/or awarding an order to purchase our products, the Purchaser acknowledges the following Terms and Conditions. Any differing General Terms and Conditions of sale provided by the Purchaser will only apply if they have been accepted by us in writing. Unless otherwise expressly agreed in writing, neither these Terms and Conditions of Sale nor the transactions concluded under its assumption constitute a contract of distribution or any other continuing obligation. Hebe Kombucha Inc. reserves the right to change or supplement the General Terms and Conditions at any time.

Order Policies

Placing Orders. Orders may be placed on the phone or online through our secure website. For more information about how to place orders on our secure company website please refer to our Ordering Information  section on our website.

Order Process Time. Orders are filled in the order they are received and will not ship until payment has been received by Hebe Kombucha Inc. We reserve the right to hold orders for up to two weeks or as otherwise necessary to verify money orders. Once payment has been received, we strive to process all orders within two business days (Monday – Friday excluding holidays). Please be aware of our regular Business Hours

Delivery Time. Due to the perishable nature of our products, delivery to Purchasers within the continental United States is within 48 hours (Time zones 1 and 2; see map) or within 3 to 4 days (Times zone 3; see map) upon receipt of order using conventional carrier services. All efforts will be done by Hebe Kombucha Inc. to assure maintenance of freshness of our products for the time of delivery. For other countries a special reaction time will apply. In the event of a delay in delivery or damage done to our products during delivery due to reasons outside the responsibility of Hebe Kombucha Inc., the Purchaser does not have the right to cancel the delivery retroactively, nor to withdraw from the contract, nor to claim damages. Where the “use by” date for our products is concerned, the principle of “First In – First Out” will apply unless otherwise agreed in writing; in every delivery, the goods with the shortest “use by” date will be delivered.

Written quotations and pricing of our products are valid in accordance with the information provided on each individual document. Orders (taken via phone or placed online) are legally binding even though they have not been furnished with a signature. A statement from the Purchaser is only valid as an acceptance if it agrees unconditionally with our quotation and pricing.

Product Information. We make every effort to provide you with accurate information about the products you order from us. We thrive to make sure that our product information is complete, reliable, current, and error-free. If a product sold to you by Hebe Kombucha Inc. is not as described, your sole remedy is to return the product in unused condition for a refund.

Prices for our products and any additional expenses, i.e. shipping, are based upon the price lists valid at the time of order and does not include the sales tax.

In case of payment not received via online processing, our invoices must be paid pure net within 30 days from the date of the invoice, with no deductions. If the Purchaser does not adhere to the payment date, he/she will be in default without any period of notice, and we will be entitled to claim interest for late payment at the rate of 7%.

Shipping Terms. All orders placed through our secure website or by phone must be ordered and received by the same person. The only exceptions are gifts where no financial transaction occurs between parties. Consequently, drop-ship and similar order and shipment methods are not allowed.

Shipping Policies

Shipping Method & Costs. All orders will be shipped from our facility in California. All orders are shipped via USPS or FedEx. Domestic orders include delivery confirmation or tracking information, which will be provided to you in the shipping confirmation email. Delivery confirmation and tracking information is not available for orders shipping outside the United States. You will have the option of choosing between shipping methods at checkout. Please note, we reserve the right to upgrade your shipping method at no additional charge to you (e.g., upgrade FedEx Ground to USPS Priority Mail). Standard shipping within California is generally 2-3 business days (not guaranteed) via FedEx Ground or USPS First Class Mail. We also offer two expedited shipping options: USPS Priority Mail and FedEx 2nd Day Air. To determine the estimated shipping charges for your order, visit the shopping cart and click on the “calculate shipping” link for shipping rates. We cannot guarantee the timeframe or parcel arrival date for any shipping method. For more information regarding shipping of our products please refer to our Shipping Information section on our website.

Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you upon Hebe Kombucha’s delivery of the order to a shipment carrier. We encourage you to use the tracking information supplied for your order to track and retrieve items promptly.

Order Arrival. Our organic juices, kombucha and water kefir beverages are sensitive to light and extreme temperatures. To remain freshness and product quality, our products should be removed from the shipping box immediately upon arrival and placed in a cool dry place protected from light, such as the refrigerator or the freezer. In order to help reduce waste and to keeping our planet clean, please recycle the box and packaging materials.

Our kombucha and water kefir products are temperature-sensitive, perishable probiotics which contain less than 0.8% alcohol at the time of bottling. Due to the probiotic nature of our products, i.e. the presence of live organisms, the alcohol content may change over time especially if not stored properly following our recommendations. While shipping our products to you, we will take all measures to assure that our products will arrive at your doorstep under cooled condition. To assure the low alcohol content, to preserve the freshness and potential health beneficial properties of our kombucha and water kefir products, we recommend our customers to keep our products refrigerated at all times upon delivery. Our organic juices can be stored at ambient temperature but we recommend to store refrigerated upon opening of the bottle.

Cancellation and Order Change Policy. All sales are final. Once an order has been shipped, no cancellations are possible. Similarly, if you wish to add to your order, Hebe Kombucha Inc. reserves the right to treat any additions as a second order incurring additional shipping charges.

The Purchaser of our organic juices confirms receipt of the delivered goods with his signature on our dispatch documents. In addition, due to the alcohol content of our kombucha and water kefir, all online Purchasers of these two products of ours are mandated by state and federal laws to show proof to be age 21 or older upon receipt of those delivered goods including signature on our dispatch documents. The Purchaser must check the condition and quantities of the delivered goods without delay. Any defects or missing deliveries must be notified to us in writing and in detail, immediately, or within 5 business days at the latest after the goods have been received (or after detection in case of hidden defects). In the event of a delay in notification, the delivery will be deemed to have been accepted and any warranty will cease.

Payment Terms

Forms of Payment. To make your ordering as flexible as possible, we accept Visa, Mastercard, Discover and PayPal accounts. For your security, we do not accept payment information via email.

Invalid Payments. Hebe Kombucha Inc. will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Hebe Kombucha Inc. reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Hebe Kombucha Inc. may incur in its efforts to collect any unpaid balances from you. Your right to use Hebe Kombucha’s Online Ordering Service is subject to limits established by Hebe Kombucha Inc. and/or by your credit card issuer.

Refund Policy

Our products have been made with love, dedication and utmost attention to detail. If you are not satisfied with one of our products, here’s what to do:

Defective upon arrival: If a product is defective, please let us know. We will send a prompt replacement for any item that is broken, damaged, or defective. Contact our support team so we take care of that.

If you just don’t like your ordered item(s): It happens. Buying online means that we cannot cater to all of our senses. One can’t smell and taste our beverages until you actually received them. We are happy to refund your purchase on all items that are in unused, resale condition. Please contact us within 10 days of delivery and replace the items in the shipping box. Send it back to us with a completed Return Form. As soon we receive the box back at our warehouse with the return form, we will email you a gift code for your full purchase price. If you would prefer a direct refund to your credit card or PayPal account, just let us know! Please be aware that we are unable to refund shipping charges.

The duty of warranty will apply until the “use by” date specified on our product. The term “defects” only applies to proven faults in the material or manufacture of the delivered goods.

The legal disclaimer for refunds: Direct refunds will be issued to the same credit card used at the time of the order. If for any reason a refund to the specific credit card cannot be processed, Cultures for Health reserves the right to issue refunds via check. Cultures for Health does not control when a specific credit card company processes a chargeback transaction. While it typically takes 3-10 business days for a credit/refund transaction to appear on a credit card statement, the exact amount of time is dependent on the specific policies of each credit card company. The customer is responsible for contacting his/her credit card company if there are questions about the status of the chargeback.

Customer Advise & Liability Statement

As with any food, especially with probiotics beverages, there are potential health hazards arising from improper storing and handling of the product. We advise our customers to the following recommendations while enjoying the health benefits our kombucha and water kefir products. We highly recommend; 1) to keep our products refrigerated at all times to maintain the low alcohol content (<0.8% APV) and living cultures of our products, 2) to store our products protected from light to preserve the freshness and health benefits associated with the numerous natural vitamins and antioxidants found in our products, and 3) to consume our products within 7 days upon opening.
If you are new to consuming kombucha and water kefir, we recommend to start enjoying both acidic probiotics by drinking only about 4 fl.oz. a day. As the body gets accustomed you may increase the daily amount over time.

We highly advise NOT to drink kombucha or water kefir if you are: 1) pregnant or breastfeeding, 2) if you are a diabetic, 3) if you are a recovering alcoholic, 4) if you are under any form of medication, or 5) if you suffer from any forms of liver problems. We also recommend NOT to give kombucha or water kefir to children under the age of 4 years. If you are unsure or have questions regarding responsible consumption, safety and health benefits of our kombucha or water kefir please contact us or consult a knowledgeable health care professional and/or nutritionist familiar with probiotics.

Hebe Kombucha Inc. is NOT responsible for any adverse health effects that may arise from improper handling, storing and consumption of our kombucha and water kefir products.

Privacy Policy

Your privacy is important to us. We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with us. To respect your privacy, all information collected on this Site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless you consent otherwise! Please feel free to call or email us with any questions regarding our privacy policy.

Electronic Communications
By providing your email to Hebe Kombucha Inc. you consent to receive communications from us electronically. Hebe Kombucha Inc. may send occasional emails about changes to its services, surveys, or special offers. If you would like to opt out of receiving such emails please send us an email stating that you do not wish to receive promotional communications. If you do opt out, you will continue to receive non-promotional communications regarding the status of your orders or your account.

Third-Party Information Providers and Merchants
On occasion, Hebe Kombucha Inc. may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we will act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Hebe Kombucha Inc. makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Hebe Kombucha Inc. makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Hebe Kombucha Inc. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Hebe Kombucha Inc. for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Hebe Kombucha Inc. is strictly prohibited. You acknowledge that Hebe Kombucha Inc. and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Hebe Kombucha Inc. reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately upon written notice from us.

Trademarks
“Hebe Kombucha Inc.,” “Nature-Infused Probiotics”, all Hebe Kombucha logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Hebe Kombucha Inc. or otherwise proprietary to Hebe Kombucha Inc. and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Hebe Kombucha Inc. and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or Hebe Kombucha Inc.

Site Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access Hebe Kombucha Inc. and the Site. Please contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on Hebe Kombucha Inc. Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You also acknowledge that from time to time Hebe Kombucha Inc. or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Hebe Kombucha Inc. may undertake from time to time; or (iii) causes beyond the control of Hebe Kombucha Inc. or which are not reasonably foreseeable by us.

User Name and Password
Access to Hebe Kombucha’s online ordering Site is accomplished through the use of a username and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of Hebe Kombucha Inc. with your password. You agree to notify Hebe Kombucha Inc. promptly of any unauthorized use of your password and you will remain liable for any use of Hebe Kombucha Inc. until you notify Hebe Kombucha Inc. of the unauthorized use of your password to the extent permitted by law.

Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access Hebe Kombucha’s Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Hebe Kombucha Inc., and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of Hebe Kombucha Inc., which includes, without limitation, use of Hebe Kombucha’s Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts of Hebe Kombucha Inc. As the user of this Site you acknowledge that Hebe Kombucha Inc. is the owner and manager of this website. This website and the company that owns it is not responsible for any typographical or photographic errors.
This website contains links to web sources operated by other parties, which are provided for your convenience and reference only. We are not responsible for the contents of any linked site.

Warranty Disclaimer; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF HEBE KOMBUCHA’S SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. HEBE KOMBUCHA INC., THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEBE KOMBUCHA INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO HEBE KOMBUCHA INC., THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH HEBE KOMBUCHA INC. ONLINE ORDERING SERVICE; HEBE KOMBUCHA INC. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. HEBE KOMBUCHA INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR HEBE KOMBUCHA INC.’S ONLINE ORDERING SERVICES. HEBE KOMBUCHA INC. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER HEBE KOMBUCHA INC. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “HEBE KOMBUCHA INC. PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, HEBE KOMBUCHA INC.’S ONLINE ORDERING SERVICE, OR THE INTERNET.

HEBE KOMBUCHA INC.’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF HEBE KOMBUCHA INC. ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. HEBE KOMBUCHA INC. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Hebe Kombucha Inc. controls and operates this Site and uses it for its operations in the state of California, USA. Hebe Kombucha Inc. makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

Indemnification. You agree to defend, indemnify, and hold Hebe Kombucha Inc. harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Termination. his Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Hebe Kombucha Inc. may suspend or terminate this Agreement or Hebe Kombucha Inc. or remove or disable access to any portion of Hebe Kombucha Inc. at any time for any reason with or without notice to you. You may terminate this Agreement and your Hebe Kombucha Inc. account at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Hebe Kombucha Inc. reserves the right to collect costs and charges incurred before you cancel your Hebe Kombucha Inc. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Hebe Kombucha Inc. may give notice to you of a change in this Agreement, a change in Hebe Kombucha Inc. cost schedule, and any other matter through a general posting on Hebe Kombucha Inc.’s Site, by electronic mail, or by conventional mail to your address. You may give notice to Hebe Kombucha Inc. by electronic mail.

Entire Agreement. This Agreement and any order form submitted to Hebe Kombucha Inc. represent your entire agreement with Hebe Kombucha Inc. regarding the use of Hebe Kombucha Inc. services, products, and Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Hebe Kombucha Inc. and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

DISPUTES. If any dispute arises under this Agreement, the parties agree that a good-faith attempt to resolve the dispute will be made at a meeting at a neutral site with a neutral third-party mediator. If the parties fail to resolve the dispute through mediation, then the parties agree to submit to a mutually agreed upon arbitrator. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of California for the County of San Diego. The arbitrator shall be governed by the laws of the State of California and shall be as speedy as reasonably possible. The applicable arbitration rules for the San Diego county courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by the Agreement for undisputed portions. In any event, you expressly agree that the provisions of this contract shall be construed in accordance with the provisions of the laws of the State of California and you further expressly agree to personal jurisdiction by the state and federal courts sitting in the State of California for any related dispute if such dispute is taken out of or fails to end in arbitration. Any claim or cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of Hebe Kombucha Inc. Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Hebe Kombucha Inc. service.

Amendment
Hebe Kombucha Inc. may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was created on June 08, 2018 and has not been revised.