Terms of service

OVERVIEW
This website is operated by Selenarose Trading LLC, doing business as Hart & Kin. In these Terms,
"we", "us", "our" and "Hart & Kin" refer to Selenarose Trading LLC. We make this website, and all
information, tools and services on it (the "Service"), available to you on the condition that you accept
all terms, conditions, policies and notices set out here.
When you visit our site or buy something from us, you use our Service and agree to these Terms of
Service & Sale ("Terms"), together with the additional terms and policies they refer to or link to. These
Terms apply to every user of the site, including visitors, customers, vendors, merchants and anyone
who contributes content.
Please read these Terms carefully before using our website. By accessing or using any part of the
site, you agree to these Terms. If you do not agree with all of them, you may not access the website
or use the Service.
New features or tools added to the site are also covered by these Terms. The latest version is always
available on this page. We may update, change or replace any part of these Terms by posting the
update here, and your continued use of the site means you accept those changes.
Our store is hosted on Shopify Inc., which provides the ecommerce platform we use to sell our
products and process transactions.


SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you have reached the age of majority in your state or
province of residence, or that you have given permission for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not break any law
in your jurisdiction while using the Service.
You may not send worms, viruses or any other harmful code.
If you break any of these Terms, your access to the Service will be terminated.


SECTION 2 — GENERAL CONDITIONS
We may refuse service to anyone, for any reason, at any time.
You understand that your content (not including card details) may travel over networks unencrypted
and may be changed to meet technical requirements. Card details are always encrypted in transit.
You may not reproduce, copy, sell, resell or otherwise exploit any part of the Service without our
written permission.
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 2


SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF
INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or out of date.
Content on the site is for general information only and should not be your only basis for decisions.
We may change content on the site at any time, but we have no obligation to update it.


SECTION 4 — MODIFICATIONS TO THE SERVICE & PRICES
Our prices may change without notice.
We may change or discontinue the Service, or any part of it, at any time without notice.
We are not liable to you or anyone else for any change, price change, suspension or discontinuation
of the Service.


SECTION 5 — PRODUCTS
Some products may be available only online and in limited quantities. Returns are handled under our
Return & Refund Policy.
We try to show our products as accurately as possible, but we cannot guarantee that your screen
displays colors accurately.
We may limit sales of any product, limit quantities, discontinue products and refuse any order.


SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We may refuse any order. We may limit or cancel orders placed by the same person, under the same
account, with the same payment card or to the same billing or shipping address.
You agree to keep your account and payment details current and accurate so we can complete your
transactions.


SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may give you access to third-party tools that we do not monitor or control.
You use these tools at your own risk, subject to the terms of the provider.
New tools or features offered through the site are also subject to these Terms.


SECTION 8 — THIRD-PARTY LINKS
Some content on our site may come from third parties. We are not responsible for the accuracy,
legality or quality of third-party content or websites.
Complaints or claims about third-party products should be directed to that third party.


SECTION 9 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If you send us comments, ideas, suggestions or other material, you agree that we may edit, copy,
publish, distribute and otherwise use it without restriction.
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 3
You agree that your submissions will not violate anyone's rights and will not contain unlawful, abusive
or harmful material.
We may, but are not required to, monitor, edit or remove content we find objectionable.


SECTION 10 — PERSONAL INFORMATION
Personal information you submit through the store is governed by our Privacy Policy:
https://hartandkin.com/policies/privacy-policy


SECTION 11 — ERRORS, INACCURACIES & OMISSIONS
We may correct any errors, inaccuracies or omissions relating to product descriptions, pricing,
promotions, shipping and availability, at any time and without prior notice.
We are not obliged to update information except where the law requires it.


SECTION 12 — PROHIBITED USES
You may not use the site or its content:
(a) for any unlawful purpose;
(b) to ask others to commit unlawful acts;
(c) to break any law or regulation;
(d) to infringe our intellectual property rights or anyone else's;
(e) to harass, abuse, insult, defame or discriminate against anyone;
(f) to submit false or misleading information;
(g) to upload viruses or other malicious code;
(h) to collect other people's personal information;
(i) to spam, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or get around the site's security features.
We may terminate your use of the Service if you break any of these rules.


SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted, timely, secure or free of errors.
You use the site at your own risk.
The Service and all products are provided "as is" and "as available."
We are not liable for any damages, including lost profits, lost revenue, lost data, replacement costs or
consequential damages.
Our liability is limited to the maximum extent allowed by law.
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 4


SECTION 14 — INDEMNIFICATION
You agree to indemnify and hold Hart & Kin harmless from any claim or demand arising from your
breach of these Terms or your violation of any law or the rights of a third party.


SECTION 15 — SEVERABILITY
If any part of these Terms is found unlawful or unenforceable, the rest remains valid and enforceable.


SECTION 16 — TERMINATION
These Terms stay in effect until either you or we end them.
You can end them at any time by telling us you no longer want to use the Service, or by no longer
using our site.
We may suspend or terminate your access if you break these Terms.


SECTION 17 — ENTIRE AGREEMENT
These Terms are the entire agreement between you and us about your use of the site.
If we do not enforce a right or provision, that does not waive our right to enforce it later.


SECTION 18 — GOVERNING LAW
These Terms are governed by the laws of the United States.
For purchases, subscriptions, returns, billing and disputes, Section 19 (Terms of Sale) applies and
takes priority.


SECTION 19 — TERMS OF SALE
1. Important Information
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AND ABOUT CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY
TO YOU. PLEASE READ THEM CAREFULLY.
THESE TERMS REQUIRE DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION
RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY
THESE TERMS.
YOU MAY NOT ORDER PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO
THESE TERMS, (B) ARE YOUNGER THAN 18 OR THE LEGAL AGE TO ENTER INTO A BINDING
CONTRACT WITH SELENAROSE TRADING LLC, WHICHEVER IS HIGHER, OR (C) ARE
PROHIBITED BY LAW FROM USING THIS WEBSITE OR ITS PRODUCTS AND SERVICES.
These terms of sale apply to all purchases of products and services through hartandkin.com (the
"Site"). Selenarose Trading LLC ("Hart & Kin", "we", "us" or "our") may change these Terms at any
time, at its sole discretion, without prior written notice. The current version will always be posted on
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 5
the Site, and you should review it before each purchase. If you continue to use the Site after a change
is posted, you accept the updated Terms.
2. Order Acceptance and Cancellation
Your order is an offer to buy the products and services in it under these Terms. We are not obliged to
sell to you until we accept your order, and we may decline any order at our sole discretion. After you
place an order, we will email you a confirmation with your order number and the items ordered. A
contract of sale between you and Hart & Kin is formed only when you receive that confirmation email.
3. No Medical Advice; Accuracy, Completeness and Timeliness of
Information
Everything on the Site is for general information only. It is not medical advice and does not replace
advice from a qualified healthcare provider. Statements on the Site have not been evaluated by the
Food and Drug Administration. Please consult your healthcare provider before acting on any
information from Hart & Kin.
We do our best to show product colors and images accurately, but we cannot guarantee that your
screen displays them correctly. Some content on the Site may be historical; it is not current and is
provided for reference only. We may change the Site's content at any time but have no obligation to
update it, and it is your responsibility to check the Site for changes.
Hart & Kin does not guarantee that you will reach your health or wellness goals. Results vary with
factors such as age, health and genetics.
4. Prices and Payment Terms
(a) All prices on the Site may change without notice. You pay the price in effect when you place your
order, as shown in your order confirmation email. Price increases apply only to orders placed after the
change. Shipping is always free. Applicable taxes are added to your order total and itemized in your
cart and confirmation email. We are not responsible for pricing, typographical or other errors in any
offer, and we may cancel orders affected by such errors.
(b) By submitting payment information, you confirm that: (i) you are authorized to use the card or
account; (ii) the information you provide is complete and accurate; (iii) you are responsible for any
card fees; and (iv) sufficient funds are available to pay what you owe. We and our payment providers
may receive updated card details from your card issuer, such as a new card number or expiry date,
and will update your account accordingly. Your card issuer may let you opt out of this updating
service; contact them if you want to. We are not responsible for fees your bank or card issuer
charges. If your bank or card issuer reverses a charge, we may bill you directly and collect payment
another way, including by mailed statement.
5. Automatic Renewals
If you choose a subscription, you will be charged automatically at the delivery frequency you selected
at checkout, starting from the date of your first purchase.
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 6
YOUR SUBSCRIPTION CONTINUES UNTIL YOU CANCEL. IF YOU DO NOT CANCEL AT LEAST
24 HOURS BEFORE YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION
RENEWS AUTOMATICALLY FOR ANOTHER CYCLE AND PAYMENT IS PROCESSED
AUTOMATICALLY. YOU CAN CANCEL ONLINE AT ANY TIME THROUGH YOUR
SUBSCRIPTION PORTAL BEFORE YOUR NEXT BILLING DATE. Cancellations received after a
billing date apply to the following cycle. We may decline to renew any subscription at our sole
discretion.
6. Shipments; Delivery; Title and Risk of Loss
(a) We arrange shipping of your products. Shipping is always free. See our Shipping Policy for
delivery times.
(b) Title and risk of loss pass to you when we hand the products to the carrier. Shipping and delivery
dates are estimates and are not guaranteed. We are not liable for shipping delays.
7. Refunds and Returns
To qualify for a refund, all of these conditions apply:
• You request the refund within 90 days of your order date, under the conditions of our Return &
Refund Policy.
• The products are unopened, unused and sealed in their original packaging.
• Return shipping is paid by you, unless the item arrived damaged, defective or incorrect.
• Opened or used products cannot be returned or refunded.
See our Return & Refund Policy for full details.
8. Electronic Communications
(a) You agree to receive electronic communications from Hart & Kin, by email to the address on your
account or by notices posted on the Site, for any purpose. These communications satisfy any legal
requirement that our communications be in writing. How often you hear from us depends on your
orders, our marketing campaigns and your use of the Site.
(b) SMS/Text Messaging. If you give us your phone number under an SMS program and agree
through "I Agree" or a similar consent step, you consent to receive transactional, promotional and
marketing text messages from or on behalf of Hart & Kin. Consent is not a condition of purchase.
Message frequency varies, and message and data rates may apply. Carriers are not liable for
delayed or undelivered messages, and delivery depends on your carrier's network. We may share
your data, including your SMS consent status, with third parties that help us run the program, such as
platform providers and phone companies. SMS data is used only to run the program and in line with
our Privacy Policy. You can withdraw consent at any time by replying "STOP" to any message or
through any other opt-out method we describe; after that you will no longer receive our texts. For
help, text HELP or email support@hartandkin.com.
9. Disclaimer of Warranties
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 7
EXCEPT WHERE THE LAW DOES NOT ALLOW IT, THE SITE AND PRODUCTS ARE PROVIDED
"AS IS" AND "AS AVAILABLE", UNLESS EXPRESSLY STATED OTHERWISE. TO THE FULLEST
EXTENT PERMITTED BY LAW, HART & KIN DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Limitation of Liability
EXCEPT WHERE THE LAW DOES NOT ALLOW IT, HART & KIN AND ITS OFFICERS,
EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS AND
REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, PROFITS, DATA OR GOODWILL, OR
THE COST OF SUBSTITUTE GOODS OR SERVICES. THIS APPLIES HOWEVER THE DAMAGES
ARE CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING FROM (1) YOUR
USE OF, OR INABILITY TO USE, THE SITE; (2) YOUR USE OF, OR INABILITY TO USE,
PRODUCTS BOUGHT ON THE SITE; OR (3) THE COST OF SUBSTITUTE GOODS OR
SERVICES. HART & KIN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE
GREATER OF THE AMOUNT YOU PAID US IN THE LAST TWELVE (12) MONTHS OR ONE
HUNDRED DOLLARS ($100).
SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES.
IF YOU LIVE IN SUCH A JURISDICTION, THE "DISCLAIMER OF WARRANTIES" AND
"LIMITATION OF LIABILITY" SECTIONS APPLY ONLY AS FAR AS YOUR LOCAL LAW PERMITS,
AND IF ANY PART OF THEM IS INVALID THERE, THE REST REMAINS VALID. IF YOU ARE
UNHAPPY WITH THE SITE OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE
SERVICE.
If you are located in New Jersey, the limitations in this Section do not apply to you. Where the law
does not allow us to disclaim an implied warranty or limit our liability, the scope and duration of that
warranty and our liability will be the minimum the law requires.
11. Goods Not for Resale or Export
You confirm that you are buying products from the Site only for personal or household use, not for
resale or export, and that you will follow all applicable state and U.S. laws regarding these products.
12. Privacy
Our Privacy Policy, https://hartandkin.com/policies/privacy-policy, governs how we handle the
personal data we collect when you buy from the Site.
13. Force Majeure
We are not liable, and are not in breach of these Terms, for any failure or delay in performance
caused by events beyond our reasonable control, including natural disasters, flood, fire, earthquake,
explosion, government action, war, hostilities, terrorism, riots or civil unrest, national emergencies,
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 8
pandemics or epidemics, strikes, lockouts or other labor disputes, carrier disruptions, shortages of
materials or supplies, telecommunications failures or power outages.
14. Governing Law and Jurisdiction
All matters arising from or relating to these Terms are governed by the laws of the State of Wyoming,
without regard to any choice-of-law or conflict-of-law rule that would apply the law of another
jurisdiction.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO SUE IN COURT.
(a) YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS
ARBITRATION PROVISION, HART & KIN'S PRIVACY POLICY OR TERMS OF SALE, HART &
KIN'S ADVERTISING OR MARKETING, OR HART & KIN'S PRODUCTS OR SERVICES WILL BE
RESOLVED BY BINDING, FINAL AND CONFIDENTIAL ARBITRATION BEFORE ONE
ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA")
UNDER ITS CONSUMER ARBITRATION RULES. THIS PROVISION IS GOVERNED BY THE
FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR IS BOUND BY
ITS TERMS. ONLY THE ARBITRATOR MAY DECIDE WHETHER A DISPUTE OR CLAIM CAN BE
ARBITRATED. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAW OF THE STATE OF
WYOMING TO THE EXTENT CONSISTENT WITH THE FAA AND MAY AWARD ANY REMEDY
AVAILABLE IN AN INDIVIDUAL LAWSUIT, INCLUDING COMPENSATORY, STATUTORY AND
PUNITIVE DAMAGES, DECLARATORY, INJUNCTIVE AND OTHER EQUITABLE RELIEF
(INCLUDING PUBLIC INJUNCTIVE RELIEF), AND ATTORNEYS' FEES AND COSTS WHERE THE
LAW ALLOWS. THE ARBITRATOR MAY RESOLVE ONLY DISPUTES BETWEEN YOU AND HART
& KIN, MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT HART & KIN'S
CONSENT, AND MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR GRANT RELIEF
ON BEHALF OF OTHERS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS
AGREEMENT TO ARBITRATE CANNOT BE ENFORCED FOR A PARTICULAR CLAIM OR
REMEDY, ONLY THAT CLAIM OR REMEDY MAY BE BROUGHT IN COURT, AND ALL OTHER
CLAIMS MUST BE ARBITRATED.
(b) DESPITE ANYTHING ELSE IN THESE TERMS, HART & KIN MAY BRING A CLAIM AGAINST
YOU IN THE STATE OR FEDERAL COURTS OF WYOMING FOR INJUNCTIVE, EQUITABLE OR
OTHER RELIEF RELATING TO ANY ACTUAL OR THREATENED MISUSE OR INFRINGEMENT
OF HART & KIN'S INTELLECTUAL PROPERTY, AND YOU AGREE THAT VENUE IS PROPER
AND YOU ARE SUBJECT TO PERSONAL JURISDICTION THERE.
(c) UNLESS YOU OPT OUT IN TIME, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT
OR JURY DECIDE YOUR DISPUTE; (B) OBTAIN INFORMATION BEFORE THE HEARING TO THE
SAME EXTENT AS IN COURT; (C) TAKE PART IN A CLASS ACTION IN COURT OR
ARBITRATION, AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (D)
ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR ARBITRATION; OR (E) JOIN OR
CONSOLIDATE YOUR CLAIM WITH ANYONE ELSE'S. OTHER RIGHTS YOU WOULD HAVE IN
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 9
COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
(d) YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS OF YOUR PURCHASE ON THE
HART & KIN WEBSITE BY SENDING A LETTER TO: SELENAROSE TRADING LLC (DBA HART &
KIN), ATTN. LEGAL DEPARTMENT, 15442 VENTURA BLVD, STE 201-2150, SHERMAN OAKS,
CA 91403, UNITED STATES, STATING YOUR NAME, THE PRODUCT YOU BOUGHT AND THAT
YOU WANT TO OPT OUT OF ARBITRATION.
16. Assignment
You may not assign any of your rights or delegate any of your obligations under these Terms without
our prior written consent. Any assignment or delegation in breach of this Section 16 is void, and no
assignment or delegation releases you from your obligations under these Terms.
17. No Waivers
If we do not enforce any right or provision of these Terms, that does not waive our right to enforce it in
the future. A waiver is effective only if it is in writing and signed by an authorized representative of
Hart & Kin.
18. No Third-Party Beneficiaries
These Terms do not give any rights or remedies to anyone other than you.
19. Notices
(a) To You. We may give you notice under these Terms by (i) emailing the address you provided or
(ii) posting it on the Site. Email notices take effect when sent; posted notices take effect when posted.
It is your responsibility to keep your email address up to date.
(b) To Us. To give us notice under these Terms, send it by personal delivery, overnight courier, or
registered or certified mail to Selenarose Trading LLC (dba Hart & Kin), 15442 Ventura Blvd, Ste
201-2150, Sherman Oaks, CA 91403, United States. We may change this address by posting a
notice on the Site. Notices by personal delivery take effect immediately; notices by overnight courier
take effect one business day after sending; notices by registered or certified mail take effect three
business days after sending.
20. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, it will be treated as removed
from these Terms, and the remaining provisions stay valid and enforceable.
21. Entire Agreement
Your order confirmation, these Terms and our Privacy Policy together form the complete agreement
between you and us on the matters covered here.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
TERMS
Hart & Kin · Terms of Service & Sale · support@hartandkin.com Page 10
If you join our SMS/MMS program, you agree to these program terms and our Privacy Policy. By
opting in, you agree to receive recurring automated marketing and order messages from Hart & Kin at
the number you provided. Consent is not a condition of purchase. Message frequency varies, and
message and data rates may apply. Reply STOP to cancel at any time, or HELP for help. Carriers are
not liable for delayed or undelivered messages. For support, contact support@hartandkin.com.
Contact
• Email: support@hartandkin.com
• Mail: Selenarose Trading LLC (dba Hart & Kin), 15442 Ventura Blvd, Ste 201-2150, Sherman
Oaks, CA 91403, United States