Terms of service
🌙 THE MOONLIT HERBARIUM — TERMS OF SERVICE
Last updated: November 19, 2025
OVERVIEW
Welcome to The Moonlit Herbarium. The terms “we”, “us”, and “our” refer to The Moonlit Herbarium. We operate this store and website, including all related information, content, features, tools, products and services (collectively, the “Services”). The Moonlit Herbarium is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) describe your rights and responsibilities when accessing or using the Services. They incorporate our Privacy Policy and any other policies referenced here.
Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.
By accessing, visiting, interacting with, or purchasing from our Services, you agree to be bound by these Terms and by our Privacy Policy (available at: PRIVACY POLICY). If you do not agree, you may not use or access our Services.
SECTION 1 – ACCESS & ACCOUNT
By using the Services, you represent that you are at least the age of majority in your province or territory of residence, or that you are the parent or guardian of any minor dependents using the Services on your devices and with your permission.
You may be required to provide personal, billing, shipping, or payment information in order to use the Services. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are responsible for maintaining the confidentiality of your account credentials and are liable for all activity under your account. You may not transfer, assign, license, or sell your account to any other person.
SECTION 2 – OUR PRODUCTS
We aim to present accurate product descriptions, photography, colours, and details. However, product appearance may vary due to device settings, screen calibration, handmade elements, or variations in materials.
We do not guarantee that any product will meet your expectations or appear exactly as depicted in our store.
All product descriptions, pricing, availability, and offerings may be changed or discontinued at any time without notice. We may limit quantities sold to any person or geographic region at our discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. An order is not accepted until we process payment and send confirmation.
Please review your order carefully. Once an order is processed, it may not be possible to cancel or adjust it.
If we decline, cancel, or modify an order, we will attempt to contact you using the information provided at checkout.
All purchases are subject to our Refund Policy: REFUND POLICY.
You represent that your purchases are for personal or household use and not for resale.
SECTION 4 – PRICES & BILLING
Prices, promotions, and discounts may change at any time without notice. Taxes, shipping, and handling charges are additional unless expressly stated.
You agree to provide complete and accurate billing and payment information and to update it as needed so that we may complete your transactions.
You represent that:
(i) you are authorized to use the payment method provided,
(ii) charges will be honored by your payment provider, and
(iii) you will pay all amounts due, including applicable taxes and shipping.
SECTION 4A – SUBSCRIPTIONS & RECURRING PAYMENTS
Certain products—such as our mail club—may be offered as recurring Subscriptions.
By purchasing a Subscription, you authorize us (and our payment processor) to automatically charge your selected payment method for recurring Subscription fees, plus applicable taxes and shipping, at the frequency disclosed at checkout.
Cancellation:
You may cancel your Subscription at any time in accordance with our Subscription Policy: CANCELLATION POLICY. Cancellations must be made before the billing date or monthly cut-off. Charges already processed and orders already prepared or shipped are non-refundable.
We may modify Subscription pricing, frequency, or included items. We will provide notice of material changes as required by law. Continued Subscription use after such notice constitutes acceptance.
SECTION 5 – SHIPPING & DELIVERY
All shipping and delivery times are estimates only and are not guaranteed.
We are not liable for delays caused by carriers, customs processing, postal disruptions, or events outside our control. Once an order is transferred to the carrier, title and risk of loss pass to you.
We are not responsible for lost or damaged packages, but we will do our best to help you work with the carrier if issues arise.
SECTION 6 – INTELLECTUAL PROPERTY
All content available through the Services—including text, imagery, design, graphics, photography, artwork, product names, brand elements, and digital downloads—is owned by The Moonlit Herbarium or its licensors, and is protected by Canadian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only.
You may not reproduce, modify, distribute, publicly display, or create derivative works from any content without our written permission.
All trademarks, logos, and brand elements are the property of The Moonlit Herbarium or their respective owners. Unauthorized use is prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to optional third-party tools. These are offered “as is” and “as available,” without warranties or endorsements. Your use of such tools is entirely at your own risk and subject to any third-party terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links or embedded content provided by third parties. We do not review, control, or endorse third-party sites and are not responsible for their content, accuracy, or practices.
Your interactions with third-party websites are at your own risk. Review their policies before engaging in transactions.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Moonlit Herbarium is powered by Shopify. Any purchases you make are solely between you and The Moonlit Herbarium. Shopify is not responsible for your transactions, products, or interactions with us.
SECTION 10 – PRIVACY POLICY
Your use of the Services is also governed by our Privacy Policy: PRIVACY POLICY.
Because we operate through Shopify, your information may also be subject to Shopify’s Privacy Policy, available at: https://www.shopify.com/legal/privacy
Information may be transmitted to and stored on servers outside your region as part of providing the Services.
SECTION 11 – FEEDBACK
If you submit ideas, comments, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, publish, or modify such Feedback for any purpose.
You represent that you own the rights to your Feedback and that it does not violate any laws or third-party rights.
We may remove Feedback at our discretion.
SECTION 12 – ERRORS & INACCURACIES
Occasionally, our Services may contain errors or omissions relating to pricing, product descriptions, availability, or shipping. We reserve the right to correct such errors at any time and to cancel or adjust orders affected by them.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, harmful, deceptive, or abusive purposes, including but not limited to:
-
violating laws or regulations
-
infringing intellectual property
-
harassing or harming others
-
submitting false information
-
transmitting viruses or malicious code
-
scraping or data-mining
-
interfering with security features
-
attempting to impersonate others
We may suspend or terminate your access if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice. You will remain responsible for charges incurred prior to termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and any others that by nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied. Your use of the Services is at your sole risk.
We do not guarantee uninterrupted, error-free, secure, or timely operation of the Services.
Some jurisdictions do not allow limitations on implied warranties; in such cases, these limitations may not apply.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, The Moonlit Herbarium and its affiliates, partners, employees, service providers, and Shopify shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Services or any products.
This includes, without limitation:
lost profits, lost data, lost savings, replacement costs, or similar damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless The Moonlit Herbarium, Shopify, and their affiliates, employees, and contractors from any claims arising from your breach of these Terms, your violation of laws or third-party rights, or your use of the Services.
SECTION 18 – SEVERABILITY
If any portion of these Terms is held to be unlawful or unenforceable, that portion shall be severed, and the remainder shall remain in full force.
SECTION 19 – WAIVER & ENTIRE AGREEMENT
Failure to enforce any right does not constitute a waiver. These Terms, along with any posted policies, constitute the entire agreement between you and us regarding the Services.
SECTION 20 – ASSIGNMENT
You may not assign your rights under these Terms without our written consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located in British Columbia.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting changes on our website. Your continued use of the Services after changes are posted constitutes acceptance. We will provide notice of material changes where required by law.
SECTION 24 – CONTACT INFORMATION
thearchivist@themoonlitherbarium.ca
Questions about these Terms may be sent to:
Primary contact & business address:
Courtney Dack
thearchivist@themoonlitherbarium.ca
PO Box 376, Nakusp, BC, V0G 1R0, Canada