Whole Earth Gifts Terms and Conditions

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the websites, products, services, subscription programs, rewards program, and referral program operated by Whole Earth Group, LLC d/b/a Whole Earth Gifts (“Company,” “we,” “us,” or “our”) at www.wholeearthgifts.com and any associated domains or subdomains.

By placing an order, creating an account, enrolling in a subscription, or participating in our rewards or referral programs, you agree to be bound by these Terms and all policies incorporated herein, including our Subscription Terms, Rewards Program Terms, Referral Program Terms, and Privacy Policy. These documents form a single integrated agreement. Acceptance is confirmed at checkout and at account creation.

Your use of our website is governed by these Terms to the extent they apply to website use, including Section 8 and Section 9. If you do not agree to these Terms in their entirety, you may not place an order or maintain an account.

2. Eligibility and Age Requirements

By using our website or placing an order, you represent and warrant that:

• You are legally capable of entering into binding contracts under applicable law;
• You are at least 21 years of age, which is the minimum age Whole Earth Gifts requires of every customer regardless of the minimum age set by the jurisdiction to which your order is shipped;
• Where the jurisdiction to which your order is shipped sets a minimum age above 21, you meet that higher requirement;
• The products you are ordering are legal to purchase, possess, and receive at your shipping destination under applicable federal, state, county, municipal, and local law; and
• All information you provide, including name, address, date of birth, and payment information, is accurate, current, and complete.

Age and identity verification is required at checkout. Your provided identification must match your shipping address, billing information, and name. Orders where verification cannot be completed will not be processed.

Applicable laws vary by jurisdiction and are subject to change. It is your responsibility to confirm that your purchase is lawful at your shipping destination before ordering. We reserve the right to refuse or cancel any order where shipment would violate applicable law, and orders to destinations we do not ship to may be declined at checkout.

3. Account Responsibility

If you create an account, you are solely responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. You agree to notify us immediately of any unauthorized use of your account.

Holding more than one account is not itself a violation of these Terms. Creating or using any account, including a duplicate or secondary account, to obtain a benefit you are not entitled to constitutes a material breach of these Terms and may result in termination of every account associated with you and forfeiture of all associated benefits. This includes obtaining promotional pricing, a first-order or new-customer offer, a subscription discount, rewards points, or referral credit more than once, or on an account not entitled to it.

4. Orders, Pricing, and Payment

All orders are subject to acceptance, product availability, and verification. We reserve the right to refuse, cancel, or limit any order for any lawful reason, including but not limited to pricing errors, inventory limitations, failed verification, suspected fraud, or legal restrictions.

Prices are subject to change without notice. The price charged for any order is the price displayed at the time of checkout confirmation. We are not responsible for typographical errors in pricing.

5. Prohibited Conduct and Fraud Prevention

We maintain active fraud prevention measures to protect the integrity of our pricing, promotions, subscriptions, rewards program, and referral program. The following conduct is strictly prohibited:

• Using any account, including a duplicate or secondary account, or another person’s account, to obtain promotional pricing, subscription discounts, referral credit, rewards points, coupons, or any other benefit;
• Using or attempting to use any discount code, coupon, promotional offer, sale price, limited-time promotion, bonus earning event, rewards points, referral credit, or store credit in a manner the offer was not intended to permit, including using an offer more times than intended, after it has expired, on an account not entitled to it, or in combination with another offer where combination is not permitted;
• Manipulating, exploiting, or circumventing any pricing, billing, subscription, or fulfillment system;
• Providing false or misleading information during checkout, verification, or any account process;
• Initiating chargebacks or payment disputes for orders that were delivered as described and in accordance with these Terms; and
• Any conduct intended to obtain goods, services, or benefits through deception.

We reserve the right to suspend, restrict, or permanently terminate any account and to forfeit all associated benefits, points, credit, and promotional pricing where fraud, abuse, or prohibited conduct is suspected or confirmed. Termination decisions are made at our sole discretion, consistent with applicable law.

Where a person subject to action under this Section also holds a separate agreement with the Company, that agreement is governed by its own terms and nothing in this Section limits the Company’s rights under it.

5.1 Effect of Termination on Pending Orders

Where we suspend or terminate an account under this Section, we may cancel any order that has not yet shipped and refund the amount paid for that order to the original payment method. We may also cancel any active subscription without further obligation. Orders that have already shipped are not affected. Refund of a cancelled order is not an admission that the conduct giving rise to the termination did not occur, and it does not restore any forfeited benefit, point balance, referral credit, or promotional pricing.

5.2 Refusal of Service

We may decline to sell to any person who has engaged in conduct prohibited by this Section, and that decision may be permanent. Where we identify accounts, orders, or attempted orders associated with such a person, we may terminate or decline all of them, including any account that was itself in good standing. To make that identification we may rely on any information reasonably available to us, including name, email address, shipping address, billing address, payment method or card, device and network information including IP address, identity verification records, and order history. We may decline any future order that we reasonably associate with that person through any of the same information. This right is exercised on the basis of conduct only, and never on the basis of any characteristic protected under applicable law.

6. Satisfaction Guarantee and Returns

6.1 Satisfaction Guarantee

We stand behind our products with a 100% Satisfaction Guarantee. If you are not completely satisfied with a qualifying purchase, you may return the product, including opened or partially used product, for a full refund, exchange, or store credit, subject to the conditions below.

6.2 Return Conditions

• Returns must be postmarked within 30 days of the delivery date as confirmed by the carrier.
• To initiate a return, complete the return request form on our website prior to shipping.
• Ship your return to: Whole Earth Gifts, 4108 SW Green Oaks Blvd. #173176, Arlington, TX 76003.
• Upon receipt and review, we will process your refund, exchange, or store credit.

Where an order included a promotional or complimentary item, that item may be returned or kept at your option. No refund is issued for a promotional or complimentary item, and keeping it does not reduce the refund on any product you do return.

6.3 Exceptions

The Satisfaction Guarantee does not apply to:

• The first two orders under any new subscription enrollment (see Subscription Terms, Section 9);
• Orders where the return request is made after the 30-day return window;
• Situations where abuse of the guarantee is reasonably suspected; or
• Circumstances otherwise excluded under these Terms.

Nothing in this section limits any remedy required by applicable law.

6.4 Handling of Returned Product

Product returned under the Satisfaction Guarantee is removed from inventory and destroyed. Returned product is never resold, repackaged, or redistributed. This applies whether the product is sealed, opened, or partially used.

6.5 Reasonable Use of the Guarantee

The Satisfaction Guarantee is offered so that you can find the products that suit you. It is not a substitute for ongoing purchasing. We may limit or decline guarantee claims where the pattern of returns indicates the guarantee is being used to obtain product without payment, consistent with Section 6.3.

6.6 Store Credit

Where these Terms provide for store credit, we may issue it in any form that applies the stated value to your order at checkout, including rewards points, a coupon code, or an account balance. The form is at our discretion and does not change the stated value. Store credit is personal to the account it was issued to, is not transferable, may not be redeemed for cash, and is forfeited upon account termination. Where store credit is issued as rewards points, the points are subject to the Rewards Program Terms, except that they are not deducted under those Terms on the ground that they were not earned on a purchase.

7. Shipping and Delivery

Once an order has been transferred to the shipping carrier, delivery is subject to the carrier’s handling and transportation processes. Estimated delivery times are not guaranteed.

Shipping Protection is an optional coverage upgrade available at checkout. If purchased, we may replace, refund, or issue store credit for eligible orders confirmed lost, stolen, or damaged in transit, subject to reasonable verification. Customers who decline Shipping Protection acknowledge that recovery for carrier-related loss, theft, delay, or damage may be limited to remedies available directly through the carrier. We will make reasonable efforts to assist in any carrier claims process.

8. Intellectual Property

All website content, branding, product descriptions, educational materials, program names, logos, and other materials are owned by or licensed to the Company and are protected by applicable intellectual property law. You may not reproduce, distribute, modify, or exploit any Company content without prior written permission.

8.1 Content You Submit

Reviews, ratings, photographs, questions, comments, and any other content you submit to us or post on our website remain yours. By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute, adapt, and publish that content in any medium, including on our website, in structured data, and in marketing materials, with attribution as you provided it or with no attribution.

You represent that the content is your own, that you have the right to submit it, and that it does not infringe the rights of any other person.

8.2 Content Standards

Content you submit may not state or imply that any product diagnoses, treats, cures, or prevents any disease or medical condition, may not describe any product as a substitute for medication or medical care, and may not contain unlawful, misleading, or personally identifying information about another person.

8.3 Our Rights Regarding Submitted Content

Where we invite you to submit a review in exchange for a coupon, credit, or other benefit, the invitation is sent only to a customer who purchased the product being reviewed, and it states the content guidelines that apply. The benefit is provided for a review that meets those guidelines. We may decline to publish content that does not meet them, and we may return it to you for revision, in which case the benefit is provided if a revised submission meets the guidelines. Your rating and your opinion of the product do not affect eligibility. A negative review that meets the content guidelines receives the same benefit as a positive one.

The benefit is issued once the review is published. It is personal to the account that earned it, is not transferable, may not be combined with any other offer, and expires thirty days after it is issued. You may submit as many reviews as you like. One review benefit is issued per account in any ninety-day period.

We may decline to publish, edit for length or formatting, or remove any submitted content at any time. We are not obligated to publish any content. We do not endorse and are not responsible for content submitted by customers.

9. Product Disclaimers and Acknowledgment

9.1 Regulatory Status

Our products are sold for lawful purposes only. These statements have not been evaluated by the Food and Drug Administration. Botanical products sold on this website are not intended to diagnose, treat, cure, or prevent any disease. Nothing on our website constitutes medical advice.

9.2 Known Risks

Kratom’s alkaloids interact with the same receptor systems that opioids act on. Kratom may be habit-forming. Kratom may be harmful to your health. The FDA has not approved kratom for therapeutic uses. Kratom is not intended for long-term or daily use.

9.3 Eligibility and Legality

Kratom is intended for adults 21 and over. Kratom is not legal in every jurisdiction. You are responsible for knowing the laws in your location before purchasing or consuming.

9.4 Conditions of Use

Keep out of reach of children and pets. Do not use before or while driving or operating heavy machinery. Do not use kratom if you are pregnant, nursing, taking medications, or have a medical condition without consulting a qualified healthcare professional.

9.5 Acknowledgment

By placing an order, you acknowledge that you have read and understood the disclosures in this Section, that you have had the opportunity to review the additional disclaimers published at wholeearthgifts.com/disclaimers, and that you accept the risks described.

9.6 No Warranty

We make no representations or warranties regarding the suitability of any product for any particular use. Our website and services are provided “as is” without warranties of any kind, express or implied, to the fullest extent permitted by law.

10. Limitation of Liability

10.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website, products, or services.

10.2 To the maximum extent permitted by applicable law, our total liability for any claim arising under these Terms shall not exceed the amount actually paid by you for the specific order giving rise to the claim.

10.3 Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the exclusions and limitations in this Section may not apply to you in full.

11. Dispute Resolution and Arbitration

We prefer to resolve disputes informally. Before initiating any formal proceeding, you agree to contact us at support@wholeearthgifts.com and give us a reasonable opportunity to resolve the issue.

11.1 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our services, or any product purchase shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court.

11.2 Small Claims Exception

Either party may bring an individual claim in small claims court if the claim qualifies and remains in small claims court.

11.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in any class action, class-wide arbitration, or representative proceeding.

11.4 Jury Trial Waiver

To the fullest extent permitted by law, you waive any right to a jury trial in connection with any dispute arising under these Terms.

11.5 Right to Opt Out of Arbitration

You may decline this arbitration agreement, including the class action waiver and the jury trial waiver, by sending written notice to support@wholeearthgifts.com within thirty (30) days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a statement that you decline to be bound by the arbitration provisions of these Terms. Opting out affects only the arbitration provisions in this Section. It does not affect any other provision of these Terms, and it will not affect your account, your eligibility to order, or any benefit available to you.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Tarrant County, Texas.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Last Updated date at the top of this document. Changes take effect when posted, except that a change which materially reduces your rights or materially increases your obligations takes effect thirty (30) days after it is posted, and we will notify account holders by email before it takes effect. Material changes include changes to Section 6, Section 8, Section 10, and Section 11. Continued use of our website or services after a change takes effect constitutes your acceptance of it. A change does not apply retroactively to a dispute that arose before the change took effect.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Entire Agreement and Policy Hierarchy

These Terms, together with the Subscription Terms, Rewards Program Terms, Referral Program Terms, and Privacy Policy, constitute the entire agreement between you and the Company regarding your purchases, your account, and your participation in the subscription, rewards, and referral programs. Where you have entered into a separate written agreement with the Company covering a different relationship, that agreement governs that relationship. In the event of a conflict between documents, the following hierarchy applies:

1. Master Terms & Conditions
2. Subscription Terms
3. Rewards Program Terms
4. Referral Program Terms
5. Privacy Policy

16. Contact Information

Whole Earth Group, LLC d/b/a Whole Earth Gifts
4108 SW Green Oaks Blvd. #173176
Arlington, Texas 76003
Phone: 1-888-695-7286
Email: support@wholeearthgifts.com
Website: www.wholeearthgifts.com