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.
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.
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:
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.
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.
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 firstname.lastname@example.org with any concerns. Returned items must be in their original, undamaged packaging.
Botanica Noctis is not responsible for any lost or undelivered packages, however, please contact us and we will do our best to assist you.
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:
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
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.
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.
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.
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.
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.