TERMS AND CONDITIONS  

LAST UPDATED: December 7, 2019

Please read these terms and conditions ("terms", "Terms & Conditions") carefully before using the  www.botanicanoctis.com  website (the "service”, “Website”) operated by Botanica Noctis, LLC (“Botanica Noctis”, "us", “we'', "our").

Conditions of Use

We will provide the services to you, which are subject to the conditions stated below in this document. Every time you visit this Website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

Privacy Policy

Before you continue using our Website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Copyright

Content published on this Website (including, but not limited to, digital downloads, images, texts, graphics, logos, audio clips, video, data, music, software, application updates, and other material “Content”) is the property of Botanica Noctis and/or its content creators, suppliers or licensors and protected by international copyright, trademark, patent or other proprietary laws. The entire compilation of the content found on this Website is the exclusive property of Botanica Noctis, with copyright authorship for this compilation by Botanica Noctis.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

License and Website Access

We grant you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Website only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Website, you warrant to Botanica Noctis that you will not use the Websitefor any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Website or its Content, including making any collection or use of any product listings, descriptions, prices or images;
• Download, copy or transmit any Content for the benefit of any other merchant;
• Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Botanica Noctis or generally publicly available browsers;
• Frame, mirror or use framing techniques on any part of the Website without Botanica Noctis’s express prior written consent;
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
• Use any meta tags or any other hidden text utilizing Botanica Noctis’s name or marks;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
• Use a buying agent to conduct transactions on the Website;
• Conduct fraudulent activities on the Website;
• Violate or attempt to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Website; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating another user);
• Send unsolicited or unauthorized email on behalf of Botanica Noctis, including promotions and/or advertising of products or services;
• Tamper with the Website or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• Harvest or collect personally identifiable information about other users of the Website;
• Restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
• Use the Website to advertise or offer to sell or buy any goods or services without Botanica Noctis’s express prior written consent;
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website; or
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.

User Account

If you are an owner of an account on this Website (“User Account”), you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.

Disclaimer and Safety Information

Botanica Noctis makes no claim to treat or cure any type of illness or health condition with the products marketed or sold through this Website or through any other communications with Botanica Noctis. Products are not for internal use nor for use on children or pets. Do not use herbs and oils while pregnant without consulting your doctor. Botanica Noctis is not responsible for misuse or adverse reactions of the products marketed or sold through this Website. Neither Botanica Noctis or its affiliates shall be responsible for any injuries, damages, or losses resulting from the use of products listed on this Website.

THE HEALTH CARE AND MEDICAL INFORMATION CONTAINED ON THE WEBSITE (INCLUDING, BUT NOT LIMTED TO, INFORMATION REGARDING ANY HEALTH OR MEDICAL PROPERTY OF PRODUCTS MARKETED AND SOLD ON THE WEBSITE) IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. THE INFORMATION CONTAINED ON THE WEBSITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.

Shipping 

At this time, Botanica Noctis is only processing and shipping orders with billing and final destination shipping addresses located in the United States and Canada. Generally, orders are processed and shipped within 3-5 days of purchase (this does not include transit time). Please note that we are a small team and do our best to get all orders processed and shipped
quickly. All shipping, taxes, and customs fees are the responsibility of the buyer unless it is an error of Botanica Noctis.

Returns

Botanica Noctis only accepts returns due to manufacturer defect. Please contact us within 14 days of delivery for instructions on how to return the item. We will offer a replacement or shop credit for defective or broken items only within this 30 days of purchase. Buyers are responsible for all return shipping costs. Please contact us immediately at  info@botanicanoctis.com  with any concerns. Returned items must be in their original, undamaged packaging.

Lost/Unreceived Packages 

Botanica Noctis is not responsible for any lost or undelivered packages, however, please contact us and we will do our best to assist you.

Subscriptions  

Botanica Noctis may also offer subscription boxes (“Subscription Boxes”) that have a fixed cost and are shipped on a recurring basis at a frequency set by Botanica Noctis (e.g. monthly). While the price of each Subscription Box order will generally be the same, applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order which may cause the price to vary from order to order. You can review details of your Subscription Boxes in your User Account or the product page for items purchased through your Subscription Box. By subscribing to Subscription Boxes, you accept all of these terms, conditions, limitations and requirements:

• Your subscription with Subscription Boxes is personal to you, and you may not assign or transfer your subscription, or any of its benefits, to any third party without Botanica Noctis’s authorization.
• If any problems arise with your subscription account, the shipping address or payment method connected with your Subscription Box that Botanica Noctis is unable to resolve, we will notify you through the email address associated with your subscription and your subscription order may be canceled. No additional subscription orders will be shipped until the problem has been resolved.
• Even if a particular subscription order is canceled, your enrollment with the Subscription Box will remain in effect, and Botanica Noctis will attempt to process the next subscription order based on the delivery frequency you have chosen.
• All returns related to Subscription Box are subject to our return policy (see “Returns” above).
• The amount of each subscription order will be billed to the credit card or debit card you authorize for Botanica Noctis purchases, and your card will be billed on the day your subscription order is shipped.
• If you want to change or cancel your subscription, you can do so at any time by logging into your User Account. Your Subscription Box will remain in effect until it is canceled. To prevent additional shipments of a Subscription Box or to change a Subscription Box, you must cancel or change your Subscription Box before the next Subscription Box is shipped.
• You must have a User Account to enroll in and manage your Subscription Box. If you cancel your User Account, your Subscription Box will also be canceled.
• If your subscription is canceled and then you re-enroll in a Subscription Box, any discount applied to the original subscription may be different than any discounts or promotions available at the time you re-enroll in the subscription service.
• Botanica Noctis reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms & Conditions, (ii) for any reason, or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease and you will only be charged for orders that have been shipped to you. Botanica Noctis reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers, at any time in Botanica Noctis’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber

Colors

Botanica Noctis strives to display as accurately as possible the colors of the products shown on the Website; however, Botanica Noctis cannot and does not guarantee that your monitor’s display of any color will be accurate.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Modification & Termination

Botanica Noctis may at any time: (i) modify or discontinue any part of the Website; (ii) charge, modify or waive fees required to use the Website; or (iii) offer opportunities to some or all Website users. Botanica Noctis reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Website will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Website will not be applied retroactively. Botanica Noctis reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Content

Botanica Noctis welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Website, or any content or information you publish through any social media and allow Botanica Noctis to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Botanica Noctis assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Botanica Noctis a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Botanica Noctis the right to include the name provided along with the User Content submitted by you; provided, however, Botanica Noctis shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Website. Please note that Website visitors may post content that is inaccurate, misleading, or deceptive. Botanica Noctis neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Botanica Noctis.

Applicable Law

By visiting this Website, you agree that the laws of the United States of America, State of Texas, without regard to principles of conflict of laws, will govern these Terms & Conditions, or any dispute of any sort that might come between Botanica Noctis and you, or its business partners and associates.

Disputes

YOU AND BOTANICA NOCTIS AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE WEBSITE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT YOU OR BOTANICA NOCTIS MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO TEXAS’S CHOICE OF LAW PRINCIPLES.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire agreement between you and Botanica Noctis with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.