Terms of Service

1. Acceptance of Terms

By accessing or using Herbert & Phyllis (“the Service”) at herbertandphyllis.com, you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

Herbert & Phyllis (“we”, “our”, or “us”) operates the Service from New York. We reserve the right to update these terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised terms.

2. Description of Service

Herbert & Phyllis is an online kosher food gift shop. We sell premium dried fruit, nut and chocolate gifts, and trees planted in Israel, delivered across the United States. We do not operate a retail storefront, a marketplace, or a florist or catering service. What we sell is:

• Kosher food gift collections — nuts, dried fruit and chocolate
• Trees planted in Israel, delivered as a personalized dedication certificate

Separately, and free of charge, we will set up a shiva-coordination page (meal sign-ups, Mishnayos, minyan times, condolences) for a family who asks for one. It is a courtesy, it is not sold, and it is not connected to buying a gift. Sections 4 and 6 below apply only to families who use it.

3. User Conduct

When using Herbert & Phyllis, you agree not to:

• Post false, misleading, or fraudulent information
• Use the platform to harass, threaten, or harm others
• Create shiva pages for people who are not deceased, or without the consent of the immediate family
• Submit spam, commercial solicitations, or off-topic content in condolence messages
• Attempt to access, disrupt, or reverse-engineer the platform
• Use the Service in any way that violates applicable laws or regulations

We reserve the right to remove any content or suspend any account that violates these terms, at our sole discretion and without prior notice.

4. User Content

By submitting content to Herbert & Phyllis — including shiva page details, condolence messages, minyan times, or any other information — you grant us a non-exclusive, royalty-free license to display and distribute that content as part of the Service.

You are solely responsible for the accuracy and appropriateness of content you submit. We do not pre-screen user content but reserve the right to remove content that violates these terms or that we deem inappropriate.

5. Products and Orders

Herbert & Phyllis sells kosher food gifts and trees planted in Israel. Our food gifts are prepared and shipped by kosher-certified suppliers and bakeries; the certifying agency depends on which supplier or kitchen prepares it. While we work hard to deliver every order fresh and on time, we are not responsible for:

• Delays caused by the shipping carrier, weather, or an incorrect address provided at checkout
• Perishable items left unattended after a successful delivery
• Occasional substitution of a comparable item when an ingredient is unavailable

All purchases are subject to our Return & Refund Policy. Payment processing is handled by Stripe. We do not store your payment card information.

6. Shiva Pages

Shiva pages are publicly accessible to anyone with the link. By creating a shiva page, you represent that you have the authority to do so on behalf of the mourning family and that the information provided is accurate.

We reserve the right to remove any shiva page that we determine to be fraudulent, abusive, or otherwise in violation of these terms. Requests to remove a page may be submitted to info@herbertandphyllis.com.

7. Disclaimer of Warranties

Herbert & Phyllis is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

We make no representations about the accuracy or completeness of the resource articles or user-submitted content on the site. (“Vendor listings” previously appeared here; we do not operate a marketplace and no third party lists products on this site.)

8. Limitation of Liability

To the fullest extent permitted by law, Herbert & Phyllis shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service — including but not limited to loss of data, failed orders, or inaccurate vendor information.

Our total liability for any claim arising from the use of the Service shall not exceed the amount you paid us in the twelve months prior to the claim (or $50 if no payment was made).

9. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of New York County, New York.

10. Contact

Questions about these terms? Contact us at info@herbertandphyllis.com or via our contact form.