Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are an agreement between you and Koala T Herbals (“Koala T,” “we,” “us,” or “our”). They govern your access to koalatherbals.com, related pages and services, customer accounts, communications, and purchases from us (collectively, the “Service”).

By accessing the Service, creating an account, or placing an order, you agree to these Terms and the policies incorporated into them. If you do not agree, do not use the Service or purchase our products.

Our Privacy Policy, Refund Policy, and Shipping Policy are incorporated into these Terms. If a product-specific term directly conflicts with these general Terms, the product-specific term controls for that product.

2. Eligibility and Minimum Age

You must be at least 21 years old to access product-purchasing portions of the Service, create a customer account, place an order, receive a product, or use a product sold by Koala T.

By placing an order, you represent that:

• you are at least 21 years old;
• the identity, billing, shipping, and other information you provide is truthful, accurate, current, and your own or is provided with lawful authorization;
• you have legal capacity to enter into these Terms; and
• you are legally permitted to purchase, receive, possess, and use the products at the shipping destination and in your jurisdiction.

We may use reasonable age-verification procedures and may require identification, adult signature, or other proof of eligibility. We may reject or cancel an order if eligibility cannot be verified.

3. Legal and Shipping Restrictions

Kratom laws and regulations vary and may change. We do not offer or ship products where their sale or shipment is prohibited or where we have decided not to offer them. Our Shipping Policy contains the current locations we do not serve.

You are responsible for knowing the laws that apply where you purchase, receive, possess, and use a product. You may not use freight forwarding, an alternate address, false information, or another method to evade a restriction. We may cancel an order when a destination is restricted, becomes restricted before shipment, or cannot be served by an available carrier.

Our location screening is an additional safeguard and does not transfer our legal compliance obligations to you. We do not ship internationally.

4. Product Purpose and No Medical Advice

Products and website information are provided for general consumer and educational purposes. Nothing on the Service, in customer-support communications, on a label, in a review, or in other content constitutes medical advice or creates a healthcare-professional relationship.

Do not use our products to diagnose, treat, cure, mitigate, or prevent a disease or medical condition. Customer-service representatives cannot evaluate medical conditions, recommend treatment, determine drug interactions, or guarantee that a product is appropriate for you. Questions concerning your health, medications, or possible interactions should be directed to a qualified healthcare professional.

5. Safety and Assumption of Risk

You acknowledge that kratom may present known and unknown risks, including adverse reactions, tolerance, dependence, withdrawal, liver toxicity, seizures, sedation, respiratory complications, and risks associated with combining substances. Individual responses may vary.

You agree to read and follow all warnings and product information provided on the website, packaging, and label. Do not exceed any maximum-use statement appearing on the product label. Discontinue use and seek appropriate medical attention if you experience a serious or unexpected reaction.

To the extent permitted by law, you voluntarily accept risks arising from your use or misuse of a product, including use contrary to warnings or in combination with other substances. This provision does not waive any right or liability that applicable law does not allow to be waived.

6. Natural Botanical Variation

Kratom is a natural botanical product. Color, aroma, texture, moisture, grind, appearance, and alkaloid composition may vary between harvests and lots. Product photographs and on-screen colors are illustrative and may not exactly match the product received.

Strain names, color names, origin names, and profile descriptions are commercial classifications used to organize products. They are not botanical, chemical, medical, or experiential guarantees. Terms such as “fast,” “moderate,” and “slow” describe general product profiles and do not promise a particular effect. Individual experiences differ, and we do not guarantee that any customer will experience a particular result.

7. Laboratory Information

When laboratory information is provided, it applies only to the batch or lot identified in that report. A laboratory result does not establish that every portion of a natural product is identical or that the product is free from every possible substance or risk. Results may reflect reporting limits, detection limits, sampling methods, and the scope of testing performed.

Laboratory information is provided for transparency and should not be interpreted as medical advice, regulatory approval, or a guarantee of a particular experience.

8. California Proposition 65

Certain products may expose consumers to chemicals that the State of California identifies as causing cancer, birth defects, or other reproductive harm. When we determine that a warning is applicable, it may appear on the product page, packaging, label, or other purchase materials. Additional information is available at p65warnings.ca.gov.

9. Personal Use and Unauthorized Resale

Unless we expressly approve a wholesale or reseller relationship in writing, products are sold for the purchaser’s personal use only. You may not resell, redistribute, relabel, repackage, adulterate, dilute, modify, or commercially exploit our products.

You may not provide a product to a minor or to anyone located where the product is restricted. We are not responsible for products that have been altered, improperly stored, repackaged, transferred, or resold after purchase.

10. Product Availability and Descriptions

All products are subject to availability. We may limit quantities, discontinue products, modify packaging, or decline to offer a product at any time. We attempt to describe products accurately, but typographical, photographic, technical, inventory, and pricing errors may occur.

We may correct an obvious error, reject an affected order, or cancel an affected transaction, including after an order acknowledgement or payment authorization. If we cancel an order after collecting payment, we will refund the amount collected for the canceled item or order.

11. Orders and Acceptance

Submitting an order is an offer to purchase. An automated receipt, order number, or payment authorization confirms that we received the order; it does not necessarily mean that we accepted it. We may accept an order by sending an express acceptance or shipment confirmation or by shipping the order.

We may refuse, limit, or cancel an order for lawful reasons, including suspected fraud, payment problems, inventory limitations, pricing errors, restricted destinations, prior misuse of the Service, suspected unauthorized resale, or quantities inconsistent with personal use.

We may apply limits across accounts, households, payment methods, billing addresses, shipping addresses, email addresses, telephone numbers, or related transactions.

12. Prices, Taxes, and Charges

Prices are stated in U.S. dollars unless otherwise indicated and may change without notice. You agree to pay the product price, shipping charge, and other amount displayed and accepted at checkout.

We will collect taxes when we determine that collection is required. You remain responsible for any tax obligation that applicable law places directly on you and that we are not required to collect.

13. Payment Authorization

You authorize us and our payment-service providers to charge or debit the payment method you select for the final amount displayed at checkout. Payment information may be handled by third-party processors under their own terms and privacy practices. We do not guarantee that a particular payment method will always be available.

If you select an electronic-check, e-check, ACH, or Mobile Check option, you authorize the debit described during checkout. Any discount associated with that payment method is conditioned on successful and final payment. If a payment is rejected, returned, reversed, or disputed, we may cancel the order, suspend fulfillment, seek the undiscounted balance where clearly disclosed and legally permitted, or use another lawful remedy. We will not impose an additional returned-payment charge unless it was disclosed and is permitted by law.

14. Coupons, Discounts, and Promotions

Coupons and promotions may be subject to eligibility rules, product exclusions, quantity limits, minimum purchases, expiration dates, and other conditions stated with the offer. Unless expressly stated otherwise:

• offers have no cash value;
• offers cannot be applied to prior purchases;
• discounts do not apply to shipping, taxes, package protection, or excluded products;
• only one coupon or promotion may be used per order;
• offers cannot be transferred, sold, reproduced, or combined;
• offers apply only to eligible, in-stock products; and
• rain checks are not available.

We may reject, suspend, or cancel a promotion or its use in cases of error, fraud, manipulation, automated use, unauthorized distribution, resale, multiple-account abuse, or violation of its stated conditions. If promotion-specific rules conflict with these Terms, those specific rules control.

15. Custom Blends

Create Your Own Blend products are prepared according to the selections submitted with the order. You are responsible for reviewing the selected strains, proportions, size, shipping information, and other choices before submitting the order.

Because preparation may begin shortly after an order is accepted, a custom blend may not be changeable or cancelable after production begins. Natural variation and the no-guaranteed-results provisions of these Terms apply to custom blends.

The Refund Policy governs returns and replacements for custom blends. Nothing in this section limits remedies available for an incorrect order, transit damage, recall, suspected contamination, or confirmed quality problem.

16. Shipping, Delivery, and Package Protection

Shipping estimates are estimates, not guarantees. Processing and delivery may be affected by carriers, weather, holidays, demand, address problems, legal restrictions, service interruptions, or events outside our reasonable control.

You are responsible for providing a complete and accurate delivery address. Additional charges or delays caused by an inaccurate, incomplete, refused, or unclaimed shipment are governed by the Shipping Policy.

Loss, theft, damage, delivery scans, carrier claims, and any optional package-protection service are governed by the Shipping Policy and the terms displayed when protection is offered. Nothing in these Terms limits a right that cannot legally be limited.

17. Returns, Refunds, and Replacements

Returns, refunds, replacements, store credits, damaged products, and related procedures are governed by our Refund Policy. You must contact us before returning a product and follow the return instructions we provide.

Refunds are generally issued to the original payment method unless you expressly accept store credit or another lawful resolution. Processing time after we issue a refund may depend on your bank or payment provider.

18. Recalls and Product-Safety Reports

If we or a competent authority issue a recall, safety notice, or lot-specific instruction, you agree to stop using the affected product and follow the stated instructions. Preserve the product, packaging, lot information, order information, and other reasonably relevant materials until the matter is resolved.

Suspected adverse events, contamination, tampering, or quality problems should be reported promptly to help@koalatherbals.com. We may request photographs, lot numbers, remaining product, or other reasonable information needed to evaluate the report.

19. Customer Accounts

You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account. Notify us promptly if you reasonably believe that an account or payment method has been used without authorization.

We may suspend or terminate an account for fraud, misuse, security concerns, unlawful activity, violation of these Terms, or another lawful business reason. Account termination does not eliminate obligations that arose before termination.

20. Acceptable Use

You may not use the Service to:

• violate a law, regulation, court order, or third-party right;
• submit false, misleading, fraudulent, abusive, or harmful information;
• evade age, location, purchase, account, or security restrictions;
• interfere with the Service or introduce malicious code;
• scrape, harvest, crawl, or access the Service through unauthorized automated means;
• impersonate another person or misuse another person’s identity or payment information;
• infringe intellectual-property, privacy, publicity, or other rights; or
• harass our customers, personnel, contractors, or service providers.

We may investigate suspected violations and take appropriate lawful action.

21. Intellectual Property and Submissions

The Service and its text, branding, photographs, graphics, design, software, and other content are owned by or licensed to Koala T and are protected by applicable laws. We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Service for personal, lawful, noncommercial purposes.

If you voluntarily submit feedback, suggestions, reviews, photographs, or other material, you represent that you have the right to submit it and that it is not unlawful, misleading, infringing, or harmful. You grant us a nonexclusive, worldwide, royalty-free license to host, reproduce, format, and display the submission for operating, improving, and promoting the Service. This license does not transfer ownership of your submission to us.

We may moderate or remove submissions, but we are not obligated to monitor all submissions. Customer statements do not necessarily represent our views and must not be treated as medical advice.

22. Third-Party Services and Links

The Service may rely on or link to third-party providers, including payment, authentication, analytics, communications, shipping, fraud-prevention, and package-protection services. We do not control third-party websites or services and are not responsible for their independent content, availability, terms, security, or privacy practices.

23. Disclaimers and Limitation of Liability

To the fullest extent permitted by applicable law, the Service, website content, and products are provided “as is” and “as available.” We disclaim implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent those warranties may lawfully be disclaimed.

To the fullest extent permitted by applicable law, Koala T and its owners, officers, employees, agents, contractors, and affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost data, or loss of use, arising from or related to the Service or a product.

To the fullest extent permitted by law, our total liability for an ordinary commercial claim arising from a product or order will not exceed the amount you paid for the product or order giving rise to the claim.

These limitations do not exclude or limit liability for fraud, willful misconduct, gross negligence where it cannot be limited, or any injury, warranty, statutory right, remedy, or other liability that applicable law does not permit us to exclude or limit. Some jurisdictions do not allow certain warranty disclaimers or damage limitations, so some provisions may not apply to you.

24. Dispute Resolution, Arbitration, and Class-Action Waiver

A. Informal resolution

Before beginning arbitration, either party must give the other a reasonable opportunity to resolve the dispute informally. A notice to Koala T must be sent by email to help@koalatherbals.com and by mail to the address in Section 31. It must include the sender’s name and contact information, the applicable order number, a description of the dispute, and the requested resolution.

The parties will attempt in good faith to resolve the dispute for 30 days after receipt of a complete notice. Applicable filing deadlines will be suspended during that 30-day period to the extent permitted by law.

B. Agreement to arbitrate

Except for matters eligible for small-claims court and the limited exceptions below, you and Koala T agree that any dispute, claim, or controversy arising from or relating to these Terms, the Service, a purchase, a product, communications, or the relationship between you and Koala T will be resolved by final and binding individual arbitration rather than in court.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this arbitration agreement. A single neutral arbitrator will conduct the proceeding.

The hearing may occur by telephone, video conference, written submissions, in the county where you live, or at another location permitted by the AAA rules or agreed by the parties. Fees will be allocated under the applicable AAA Consumer Arbitration Rules. Koala T will pay fees that the rules or applicable law require the business to pay.

The arbitrator may award on an individual basis the relief that a court could award under applicable law. The arbitrator will issue a reasoned written decision when required by the rules or requested by a party. Judgment on the award may be entered in any court with jurisdiction.

C. Small-claims and limited court exceptions

Either party may bring an individual claim in a small-claims court with jurisdiction if the claim remains in that court and proceeds only on an individual basis. Either party may seek temporary or preliminary court relief when necessary to protect intellectual property, prevent unauthorized access to the Service, or preserve the effectiveness of arbitration pending appointment of an arbitrator.

D. Class-action and jury-trial waiver

You and Koala T agree that each may bring claims only in an individual capacity. Neither party may participate as a plaintiff, claimant, or class member in a class, collective, consolidated, mass, private-attorney-general, or representative proceeding to the extent this waiver is permitted by law.

You and Koala T waive the right to a jury trial for claims subject to arbitration.

E. Arbitration opt-out

You may opt out of this arbitration agreement by sending a signed written notice within 30 days after your first purchase. The notice must include your full name, mailing address, email address used for the purchase, applicable order number, and an unambiguous statement that you are opting out of the arbitration agreement.

Send the notice by mail to the address in Section 31 with “Arbitration Opt-Out” on the envelope and email a copy to help@koalatherbals.com with “Arbitration Opt-Out” in the subject line. Opting out of arbitration does not affect the remaining Terms or your ability to purchase from us.

F. Arbitration severability

If a portion of this Section 24 is found unenforceable, it will be enforced to the maximum extent permitted and severed where possible. If the class-action waiver is found unenforceable for a particular claim or remedy, that claim or remedy will proceed in a court of competent jurisdiction after any arbitrable claims are completed, unless applicable law requires otherwise.

25. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Koala T and its owners, officers, employees, agents, contractors, and affiliates from third-party claims, losses, liabilities, judgments, and reasonable legal expenses arising from your:

• material breach of these Terms;
• violation of applicable law or a third party’s rights;
• unauthorized resale, relabeling, alteration, adulteration, or distribution of a product;
• submission of unlawful or infringing content; or
• intentional misuse of the Service or a product contrary to express warnings.

This section does not require you to indemnify us for our own conduct where such indemnification is prohibited by law.

26. Privacy and Electronic Communications

Our collection, use, retention, and disclosure of personal information are described in our Privacy Policy. By using the Service or placing an order, you consent to receive transactional electronic communications reasonably necessary to administer your account, payment, order, shipment, safety notice, recall, refund, or customer-service request.

Transactional communications are separate from marketing consent. Purchasing a product does not by itself require you to consent to recurring marketing text messages or marketing emails where separate consent is required.

27. Changes to the Service or These Terms

We may modify or discontinue all or part of the Service and may update these Terms. Updated Terms will be posted with a revised “Last Updated” date. Material changes will apply prospectively unless applicable law permits otherwise.

When a material change affects existing customer rights, we may provide additional notice when reasonably practicable. Changes to Section 24 will not apply retroactively to a dispute of which we had received written notice before the revised Terms were posted, unless both parties agree.

28. Termination

You may stop using the Service at any time. We may restrict or terminate access to the Service for a violation of these Terms, fraud, security concerns, unlawful conduct, or another lawful business reason. Provisions that by their nature should survive will remain effective, including provisions concerning payments, intellectual property, disclaimers, liability, dispute resolution, indemnification, and accrued rights.

29. Governing Law

Except as governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law rules. This choice of law does not eliminate nonwaivable rights you may have under other applicable law.

For a dispute that is not subject to arbitration or small-claims court, the parties consent to the state and federal courts with jurisdiction over Oklahoma County, Oklahoma, unless applicable law requires another forum.

30. General Provisions

These Terms and the incorporated policies constitute the entire agreement concerning the Service and purchases from Koala T. If a provision is unlawful or unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms as part of a merger, reorganization, sale of assets, financing, or transfer of the business, subject to applicable law.

We are not responsible for delay or failure caused by events outside our reasonable control, including natural disasters, severe weather, carrier interruptions, labor disputes, governmental actions, legal or regulatory changes, utility failures, network outages, supplier interruptions, epidemics, civil disorder, or acts of war or terrorism.

Section headings are for convenience and do not affect interpretation. No agency, partnership, joint venture, employment, franchise, or fiduciary relationship is created between you and Koala T.

31. Contact and Legal Notices

Koala T Herbals
3033 NW 178th St, Suite B 1008
Edmond, OK 73012
United States
Email: help@koalatherbals.com

32. Accessibility

We strive to make the Service accessible. If you experience an accessibility problem, contact help@koalatherbals.com and include the affected page, a description of the problem, and, if you are comfortable providing it, the browser or assistive technology involved. We will make reasonable efforts to respond and provide appropriate assistance.