On this pageWho may use the store
This website is operated by Heavens (“Heavens”, “we”, “us”). By visiting the site, creating an account or placing an order you agree to these Terms of Service and to the policies they refer to: the Privacy Policy, Shipping Policy and Refund Policy. If you do not agree, please do not use the site.
Who may use the store
You must be at least 21 years old to buy from Heavens, and you confirm this when you place an order. We ship within the United States only. You may not use the site for any unlawful purpose, and you may not use it on behalf of someone who is not allowed to.
Products and descriptions
We try to describe and photograph our products accurately. Colours, packaging and flavour descriptions are a guide; your screen and the product batch may differ slightly. Availability can change at any time, and we may limit quantities per order or per customer, or stop selling a product, without notice.
Nothing on this site is medical advice. Our products are not intended to diagnose, treat, cure or prevent any condition. If you have a health concern, take medication, or are pregnant or nursing, talk to a healthcare professional before using any Heavens product. [Add any regulatory statement your counsel requires for these products]
Prices and pricing errors
Prices are in US dollars and can change without notice. The price you pay is the price shown at checkout when you place your order. If a product is listed at the wrong price because of a typing, pricing or system error, we may cancel the affected order and refund anything you have paid, even after you receive the order confirmation. We will tell you by email if that happens.
Orders, payment and acceptance
Placing an order is a request to buy. We accept it when we confirm your payment by email. Until then we may refuse or cancel an order for any reason, including suspected fraud, resale, abuse of a discount, or a problem with the address.
Payment is made through the app you choose at checkout (Zelle, Venmo or Apple Pay) to the account shown on your order page, for the exact total shown. Please include your order number in the payment memo. Orders that remain unpaid after [X days] may be cancelled. If you pay after an order has been cancelled we will refund you or, if the items are still available, reinstate the order, whichever you prefer.
You agree to give accurate and complete contact and address details and to keep them up to date so we can complete your order and reach you about it.
Shipping, returns and refunds
Delivery, lost and damaged packages are covered by the Shipping Policy. Returns, refunds, exchanges and cancellations are covered by the Refund Policy. Both form part of these terms.
Coupons and the referral program
One discount code can be used per order. Codes apply to products, not shipping, and some codes are limited to first orders or exclude sale items; the conditions are shown when a code is applied. We may withdraw or change a code at any time before it is used.
The referral program is described on the Refer a friend page, including the friend’s discount, the referrer’s thank-you code, the order minimum, and how many friends can use one link. A referral discount cannot be used by the referrer on their own order; we check the email, phone number and shipping address on the order against the referrer’s. We may cancel referral rewards obtained through fake accounts, self-referral or other abuse, and we may change or end the program at any time. Rewards already issued stay valid for their stated period.
Your account
You can shop as a guest or create an account to see your orders in one place. You are responsible for keeping your password private and for everything done with your account. Tell us immediately at support@simplyheavens.com if you think it has been used without your permission. We may close accounts that break these terms.
Acceptable use
You agree not to:
- use the site for anything unlawful or to help anyone else do so;
- give false information, impersonate anyone, or use someone else’s payment account without permission;
- interfere with the site’s security, probe or overload it, or try to access data that is not yours;
- submit spam, malware, or abusive, threatening or discriminatory content through our forms;
- scrape, copy or resell any part of the site or its content without our written permission;
- buy products for resale without a wholesale agreement with us.
We may suspend or end your access to the site for breaking these rules.
Messages and feedback
If you send us comments, ideas, reviews or other content, through the site or otherwise, you allow us to use them for our business without restriction or payment, and you confirm they are yours to give and do not break any law or infringe anyone’s rights. We are not obliged to keep them confidential. Personal information in your messages is handled under the Privacy Policy.
Our content and trademarks
The Heavens name, logo, packaging, photographs, text and design of the site belong to Heavens or its licensors. You may view and print pages for your own personal, non-commercial use. Any other use, including copying product images or packaging, needs our written permission.
Third-party links and services
The site links to services we do not control, including payment apps and shipping carriers. We are not responsible for their content, availability or practices, and your use of them is governed by their own terms. Please raise any issue with such a service directly with that provider.
Disclaimer of warranties
The site and its content are provided “as is” and “as available”. We do not promise that the site will be uninterrupted, error-free or secure, or that information on it is always complete and current. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose, except those that cannot be excluded under the law of your state. Nothing in these terms limits rights you have as a consumer that cannot be waived.
Limitation of liability
To the fullest extent the law allows, Heavens and its owners, employees and suppliers are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits or data, arising from your use of the site or our products, however caused. Our total liability for any claim relating to an order is limited to the amount you paid for that order. Some states do not allow these limits, so some of them may not apply to you.
Indemnification
You agree to defend and hold harmless Heavens and its owners, employees and partners from claims, losses and costs, including reasonable legal fees, that arise from your breach of these terms, your misuse of the site, or your violation of any law or third-party right.
Governing law
These terms and any dispute about them or your order are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules. Any dispute that cannot be resolved by talking to us will be brought in the courts of California, unless the law of your state gives you the right to bring it elsewhere.
General terms
- Entire agreement. These terms and the policies they refer to are the whole agreement between you and us about the site and your orders, and replace any earlier terms.
- Severability. If any part of these terms cannot be enforced, the rest still applies.
- No waiver. If we do not enforce a term straight away, we can still enforce it later.
- Termination. These terms apply for as long as you use the site. We may stop providing the site, or your access to it, at any time; sections that by their nature should continue (such as payment obligations, disclaimers, limitation of liability and indemnification) survive.
Changes to these terms
We may update these terms from time to time. The date at the top shows the latest version, which applies to orders placed after that date. Continuing to use the site after a change means you accept the new terms.
Contact
Questions about these terms:
Heavens
Email: support@simplyheavens.com
Mail: 2796 Sycamore Drive, Suite 204, Simi Valley, CA 93065
Or use the contact form.