Terms of Service for Bewitched Botanical
If you choose to visit this website, your visit and any dispute over privacy is subject to this Privacy Policy. If you have any concerns about privacy on this website, please contact us with a thorough description, and we will strive to resolve it promptly. Our business practices evolve, and as such, our Privacy Policy, Terms of Use, and Shipping Policy may be updated periodically. We may send email reminders about these notices unless you have opted out, but it is your responsibility to review our website for the most recent updates. Unless stated otherwise, our current Privacy Policy applies to all information that we have collected about you and your account. While we remain committed to upholding the highest standards of privacy, we will not materially alter our policies and practices to reduce the protection of customer information collected in the past without obtaining consent from the affected customers.
The purchaser, whether an individual, organization, group, corporation, or other legal entity, herein referred to as “Buyer,” agrees to all the terms and conditions as outlined by Bewitched Botanical, the bewitchedbotanicalkratom.com website, and any associated persons, collectively referred to as “Seller.” Buyer affirms that they are not a law enforcement officer or government employee. Buyer further declares that they are not associated with or affiliated with any government agency, nor are they purchasing product under the instruction of any government entity.
Buyer understands that the Seller’s offer of any product is void where prohibited by law and that it is Buyer’s sole responsibility to verify and comply with local regulations. Buyer agrees to use all necessary safety precautions and will abide by all local, state/provincial, and government regulations related to the use of any product provided by Seller. Buyer agrees to not hold Seller liable for any issues that may arise during transit. Buyer acknowledges that since Seller cannot be expected to know all laws in all countries, it is Buyer’s responsibility to ensure that the products ordered are lawful in Buyer’s country of residence. Buyer understands that returns cannot be accepted due to the potential contamination of the product.
Furthermore, by submitting this electronic agreement via online processes, Buyer affirms that they are at least 21 years of age. Minors attempting to make purchases will face legal consequences, as will those attempting fraud.
By submitting your personal information to this website or the ordering system, you, the Buyer, agree to all of the terms and conditions stated in this electronic document and agree to be legally bound by them, including the DISCLAIMER below.
DISCLAIMER
The information provided on this website regarding various natural botanical products is intended solely for general information purposes. It should not be used to diagnose, treat, or cure any illness or health condition. Bewitched Botanical does not make any health claims about its products and advises consulting a qualified medical doctor or physician prior to using any of our products, particularly for those who are pregnant, nursing, chronically ill, or elderly. It is essential to consult your healthcare provider regarding any potential drug interactions or complications before using any product. Any health or safety concerns related to individual use of our products should be thoroughly researched, and medical advice should be sought for allergic reactions or other health concerns. Bewitched Botanical and its owners, employees, or affiliates cannot be held responsible for, nor liable for, the accuracy or application of any information provided herein. None of our statements have been evaluated by the Food and Drug Administration (FDA).
Furthermore, the FDA has concluded from available scientific data that kratom is not appropriate for use as a dietary supplement. The FDA has determined that kratom is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that its consumption does not pose a significant or unreasonable risk of illness or injury. Therefore, dietary supplements containing kratom are considered adulterated under section 402(f)(1)(B) of the FD&C Act. Additionally, kratom is classified as an unsafe food additive when added to food, and as such, food containing kratom is adulterated under section 402(a)(2)(C)(i). Based on these findings by the FDA, kratom cannot be lawfully marketed as a dietary supplement nor added to conventional foods. Buyer acknowledges and accepts these determinations.
By placing an order with Bewitched Botanical and its website bewitchedbotanicalkratom.com, you agree to the following terms in their entirety. These terms may be revised at any time by Bewitched Botanical. A “Buyer” refers to any individual or legal entity engaging in business with the Seller, including but not limited to purchasing Goods from the Seller for any reason. “Goods” refers to any materials or products subject to the Contract. The “Contract” is the agreement between Seller and Buyer regarding the sale of Goods.
- Age: Goods may not be purchased by individuals under 21 years of age. Buyer acknowledges that all orders may require adult signature or proof of age upon delivery.
- Use: Buyer understands that the Goods provided by Seller are not intended to treat, prevent, or diagnose any disease. Buyer agrees not to hold Seller responsible for any foreseeable or unforeseeable consequences, harm, or injury resulting from the misuse of the Goods.
- Regulation and Risk of Loss: Buyer is solely responsible for complying with all applicable local laws regarding the purchase of Goods. Seller voids the offer of Goods where prohibited. In the event that Goods are lost during transit due to Buyer’s failure to adhere to local laws, Seller will not be held responsible. The risk of loss passes to Buyer upon the purchase of Goods.
- Personal Information: Buyer affirms that the billing and shipping information provided to Seller is accurate and truthful. Buyer confirms that the personal information submitted is their own and not that of any third party.
- Right to Refuse Sale: Seller reserves the right to refuse the sale of Goods or services to any individual for any reason.
- Shipping: Seller will make reasonable efforts to ensure that Goods are shipped promptly to Buyer. In the event of a delay, Buyer acknowledges that Seller is not liable.
- Severability: If any term or condition within this agreement is deemed legally invalid, illegal, or unenforceable, the remaining terms and conditions shall remain valid and enforceable.
- Choice of Law and Venue: These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been agreed to in and will be governed by the laws of the state of Colorado. All disputes, interpretations, or enforcement of this agreement will be handled in Florida courts. Buyer and Seller expressly agree that any actions arising from the sale of Goods or this agreement shall be tried exclusively in Florida, and Buyer waives the right to contest this venue.
- Disclaimer of Liability: The purpose of this Terms and Conditions agreement is to alleviate any and all liability on the part of the Seller for any harm or injury resulting from the purchase, use, or misuse of the Goods. By purchasing the Goods, Buyer affirms the following:
- I am over 21 years of age and legally an adult under the laws of my state.
- I am in good health and capable of making my own decisions and representations.
- Limitation and Disclaimer of Warranties: I understand that all Goods and information obtained from Seller are provided ‘AS IS’ without any express or implied warranty. All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed.
- In no event shall Seller be held liable to me or anyone else for any damages or injuries caused by the use, misuse, or improper use of the Goods. Nor shall Seller be liable for any actions taken by me or others based on information obtained from Seller. This waiver of liability extends to all types of damages, including incidental, consequential, and special damages.
- I agree to indemnify and hold harmless Seller and all related parties, including but not limited to owners, officers, affiliates, and employees, from any and all damages incurred as a result of the purchase, use, or misuse of the Goods. Seller and all related parties shall not be held liable under any theory of liability.
- Under no circumstances shall Seller be liable for any damages, whether direct, indirect, incidental, or consequential.
I HAVE READ AND CLEARLY UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY WARNINGS, INCLUDING BUT NOT LIMITED TO THOSE PRINTED ON THE PRODUCT LABELS. I agree to carefully follow all cautions and warnings and abide by all warnings stated on this website regarding product use.
This product has not been evaluated by the FDA and is not intended to treat, prevent, or diagnose any disease. You must be 21 years of age to purchase.
If you have any questions or concerns regarding the above Terms and Conditions, please contact us at support@bewitchedbotanicalkratom.com.
