Terms of Service

1. Introduction to Our Agreement

Welcome to Bewitched Botanical LLC. This website is owned and managed by us. When we use “we,” “us,” or “our,” we are referring to Bewitched Botanical LLC. By using our website and accessing the information, resources, and services we provide, you, the user, are acknowledging and accepting all the terms, policies, and notices laid out in this document.

Your use of our site, whether for browsing or making a purchase, constitutes your participation in our “Service.” This action legally binds you to these Terms of Service (“Terms”). This agreement also incorporates by reference any other terms, conditions, or policies mentioned herein or accessible via hyperlink. These Terms are applicable to every user of this site, without exception, including those who are simply browsing, as well as vendors, customers, merchants, or content contributors.

We urge you to read these Terms of Service thoroughly before you begin using any part of our website. Your access to or use of the site signifies your unconditional agreement to be bound by these Terms. If you do not consent to every term and condition in this agreement, you are not permitted to access the website or utilize any of its services. Should these Terms of Service be legally interpreted as an offer, your acceptance is explicitly confined to these exact Terms.

Any new functionalities or tools introduced to our online store will automatically fall under the governance of these Terms of Service. The most up-to-date version of this agreement can always be found on this page. We hold the exclusive right to revise, modify, or substitute any portion of these Terms by posting the changes on our website. It is your personal responsibility to review this page from time to time for any updates. Your continued navigation or use of the website after we post changes implies your acceptance of those revisions.

Our online store is built on the WordPress platform using the WooCommerce extension.

2. Standard Operating Conditions

We maintain the right to deny service to any individual for any reason at our discretion.

You acknowledge that your personal content (excluding payment card details) might be transmitted without encryption. This can involve (a) transfers across different networks and (b) modifications to meet the technical specifications of the networks or devices it connects to. Be assured, credit card information is consistently encrypted during any network transfer.

You commit not to replicate, copy, sell, or exploit any part of the Service. This includes the use of the Service, access to it, or any contact point on the website through which the Service is delivered, without our explicit written consent.

3. Universal Product Disclaimer

No product available for purchase from Bewitched Botanical LLC is designed for the diagnosis, treatment, cure, or prevention of any disease, illness, or health condition. We do not make any claims regarding the medical application of any product sold by our company.

Products sold by Bewitched Botanical LLC may contain substances identified by the State of California as causing cancer, birth defects, or other reproductive harm, including nickel, arsenic, and lead. For further details, please consult: p65warnings.ca.gov.

4. Kratom-Specific Disclaimers and Safety Information

Products offered by Bewitched Botanical may include Kratom. It is advised that pregnant or nursing individuals refrain from consuming any products that contain Kratom. These products are not for use by persons under 21 years of age and must be kept out of the reach of children. This product is not meant to diagnose, treat, cure, or prevent any medical condition.

Kratom possesses properties that may lead to addiction and dependency. We strongly recommend consulting with a physician before using Kratom or any other botanical product.

As stated, Kratom interacts with opioid receptors and can be habit-forming. Misuse may lead to negative health consequences, including withdrawal symptoms that mimic those of opioids. The U.S. Drug Enforcement Administration (DEA) has classified Kratom as a “Drug and Chemical of Concern.”

U.S. and international public health agencies have noted that both short-term and long-term Kratom use can be linked to a range of adverse reactions, such as: nervousness, agitation, confusion, aggression, hallucinations, delusions, tremors, sleeplessness, drowsiness, lethargy, sedation, skin hyperpigmentation, decreased libido, constipation, nausea, vomiting, abdominal pain, liver damage, increased heart rate (tachycardia), high blood pressure (hypertension), respiratory depression, respiratory arrest, cardiac arrest, kidney failure, seizures, coma, and death. Should you experience any negative reaction to this product, contact your healthcare provider or seek emergency medical attention immediately.

None of the information provided here has been authored by medical experts or should be considered medical advice. The content presented is not a replacement for professional guidance from healthcare providers. Always consult your physician about potential interactions or other health complications before using this product. Bewitched Botanical LLC is not liable for any inaccuracies or misuse of the information provided. You assume all responsibility for the use of this product, including any adverse effects or health issues that may result. Bewitched Botanical LLC and its affiliates will not be held liable for your use or misuse of this product.

We do not ship Kratom or any Kratom-containing products to the following U.S. states where it is currently banned: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. In addition, we do not ship to specific cities or counties with local restrictions, including Sarasota County in Florida; San Diego and Oceanside in California; Alton, Edwardsville, and Jerseyville in Illinois; and Columbus and Union Counties in Mississippi. At this time, we do not offer international shipping under any circumstances.

FDA & FTC Regulatory Compliance: The claims made on this website and on our product packaging have not been assessed by the U.S. Food & Drug Administration (FDA) or the Federal Trade Commission (FTC). Bewitched Botanical LLC does not assert that its products can diagnose, treat, cure, or prevent any disease. By using this website and buying our products, you confirm your understanding that these statements have not been evaluated by the FDA or FTC and that you are purchasing with full awareness of this disclaimer.

Legal Adherence & Age Confirmation: By purchasing Kratom products from Bewitched Botanical LLC, you affirm that you are a minimum of 21 years old and that it is legal for you to buy Kratom in your local jurisdiction. You bear complete responsibility for adhering to all state and local regulations concerning the possession, purchase, and use of Kratom. Bewitched Botanical LLC is not responsible for any legal repercussions that arise from illegal purchases.

No Medical Guidance: The content on this website and information from our customer service team is not prepared by medical professionals and is not intended as medical or health advice. All information is for educational purposes only and should not be used as a substitute for professional medical care. Bewitched Botanical LLC makes no claims that Kratom is a remedy or treatment for any disease or health condition. By purchasing and using Kratom, you accept full responsibility for its use, including any potential adverse reactions, dependency risks, or health complications.

By completing a purchase on this website, you consent to our Terms of Service, which includes a mandatory arbitration clause and a waiver of class action rights, as detailed below in Section 19.

5. Terms for Online Commerce

By accepting these Terms of Service, you confirm that you are at least 21 years of age or have reached the age of majority in your jurisdiction.

You are forbidden from using our products for any unlawful or unauthorized activities. Furthermore, in your use of the Service, you must not contravene any laws applicable in your jurisdiction, including but not-limited to copyright statutes.

Any breach or violation of these Terms will lead to the immediate cancellation of your account and your privilege to make purchases from our site.

6. Ownership of Intellectual Property

All materials on this website, such as text, graphics, logos, icons, images, audio, digital downloads, data, and software, are the exclusive property of Bewitched Botanical LLC or its content providers and are safeguarded by international copyright laws.

7. User-Submitted Content and Feedback

If you provide us with specific materials (like contest entries) or send us unsolicited creative ideas, suggestions, or plans (collectively, ‘comments’), you grant us the unrestricted right to edit, copy, publish, distribute, translate, and utilize these comments in any medium at any time.

We may provide areas on the site for users to leave reviews or post comments. You understand that all user-submitted content is the sole opinion and responsibility of the person who posted it. Bewitched Botanical LLC does not endorse and is not responsible for any opinions, advice, information, or statements made by third parties, including user comments and product reviews. You specifically acknowledge that we are not liable for any user-generated content that may be defamatory, offensive, or illicit, including any content that makes unsubstantiated health or medical claims, which we do not support or condone.

While we are not obligated to screen or monitor user content, we reserve the right to remove any comments or submissions that, in our sole discretion, violate these terms or are otherwise objectionable.

8. Handling of Personal Information

The way we handle your personal information submitted through the store is detailed in our Privacy Policy.

9. Restricted Activities

In addition to the other restrictions outlined in these Terms, you are expressly forbidden from using this site or its content for: (a) any illegal activities; (b) encouraging others to engage in illegal acts; (c) violating any international, federal, state, or local laws or regulations; or (d) infringing upon our intellectual property rights or those of others.

10. Pricing and Service Adjustments

The prices of our products may be altered without prior notification.

We reserve the right to modify or terminate the Service (or any portion of it) at any time without advance notice.

We will not be held liable to you or any third party for any changes in price, or any modification, suspension, or discontinuation of the Service.

11. Billing and Account Information Accuracy

We hold the right to decline any order you place. At our sole discretion, we may limit or cancel the quantity of products purchased per individual, household, or order. Such limitations may apply to orders made using the same customer account, the same credit card, or the same billing and/or shipping address. If we alter or cancel an order, we will try to inform you using the email, billing address, or phone number you provided. We also reserve the right to restrict or forbid orders that we believe are from dealers, resellers, or distributors.

You commit to providing current, complete, and accurate information for all your purchases. You also agree to keep your account details, including your email address and payment card information, up to date so we can process your transactions and contact you when necessary.

Third-Party Payment Services: Bewitched Botanical LLC utilizes external payment processors for transactions. We are not accountable for any errors, delays, disputes, or unauthorized transactions originating from these third parties. Any billing disputes related to these providers must be addressed directly with them.

For further information, please consult our Refund Policy.

12. Compliance and Payment Processing (Powered by WAAVE)

We use WAAVE Compliance to manage legal enforcement, payment processing, and identity verification for all kratom-related purchases. WAAVE automatically blocks transactions that do not meet local, state, or federal regulations, including age verification requirements, product restrictions, and shipping limitations. By placing an order through our site, you consent to WAAVE’s compliance protocols, including real-time identity checks and transaction screening.

If your order is rejected, canceled, or restricted by WAAVE’s system, it is likely due to a compliance issue. We do not override or bypass WAAVE’s enforcement mechanisms. It is your responsibility to ensure that kratom is legal in your jurisdiction and that you meet all age and ID requirements. Orders placed using false information, VPNs, or other evasion tactics will be permanently blocked.

13. Manual Payment Methods (Zelle, Facebook Pay, Invoicing)

In addition to our integrated payment system, we may offer manual payment options at our discretion, including but not limited to Zelle, Facebook Pay, or a Quickbooks invoice. Please be aware that these transactions are processed outside of our website’s automated checkout system.

By selecting a manual payment method and completing your order, you explicitly affirm and warrant that:

1. You are at least 21 years of age and meet all legal requirements to purchase Kratom in your jurisdiction.
2. You have read, understood, and agree to be bound by this entire Agreement of Terms and Conditions.
3. Your shipping address is not located in any state, county, or city where Kratom is prohibited, as outlined in this agreement.

An order placed with a manual payment method is considered pending and is not confirmed until your payment has been successfully received and we have manually verified that your order complies with all applicable regulations and terms herein. We reserve the absolute right to cancel and refund any manually paid order that, in our sole judgment, does not meet these compliance standards or violates these terms. Your completion of a manual payment constitutes your full acceptance of these conditions.

14. Indemnification Clause

You agree to indemnify, defend, and hold harmless Bewitched Botanical LLC, along with our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand. This includes reasonable attorney’s fees, made by any third party that arises from your violation of these Terms of Service.

15. Severability

Should any part of these Terms of Service be deemed unlawful, void, or unenforceable, that specific provision will still be enforced to the maximum extent allowed by law. The unenforceable portion will be considered severed from this agreement, but this will not affect the validity and enforceability of the remaining provisions.

16. Third-Party Resources and Links

Some content, products, and services offered through our Service may contain materials from third parties.

Links on this site may lead you to external websites that are not affiliated with us. We are not responsible for reviewing or assessing the content or accuracy of these sites. We do not guarantee and will not have any liability for any third-party materials, websites, or their products and services.

We may grant you access to third-party tools that we do not monitor, control, or have input into. You accept that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We bear no liability whatsoever related to your use of these optional third-party tools. Your use of any such tools is entirely at your own risk and discretion.

17. Termination of Agreement

These Terms of Service remain in effect until they are terminated by either you or us. If, in our exclusive judgment, you fail to adhere to any term of this agreement, or if we suspect you have, we may terminate this agreement at any time without prior notice.

18. Disclaimer of Warranties and Limitation of Liability

We do not promise, represent, or warrant that your use of our service will be free of interruptions, timely, secure, or without errors. We do not guarantee that the results obtained from using the service will be accurate or dependable.

You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products delivered to you through it are provided ‘as is’ and ‘as available,’ without any representations, warranties, or conditions, either express or implied, except as explicitly stated by us.

Under no circumstances shall Bewitched Botanical LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or licensors be liable for any injury, loss, claim, or any form of direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the service or any products obtained through it.

No Implied Warranties: Bewitched Botanical LLC explicitly disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. You recognize that using Kratom involves inherent risks, and you assume complete responsibility for its use.

Limitation of Liability & Force Majeure: Bewitched Botanical LLC is not liable for any indirect, incidental, punitive, or consequential damages resulting from the use of our website or products. Furthermore, we shall not be held liable for any failure or delay in performance caused by events beyond our reasonable control, such as natural disasters, governmental actions, war, labor disputes, pandemics, cyberattacks, or supply chain disruptions.

19. Dispute Resolution: Mandatory Arbitration & Class Action Waiver

A. Binding Arbitration Agreement
By purchasing from Bewitched Botanical LLC or using our website, you agree that any disputes or claims arising from your purchase or use of our products and services will be resolved exclusively through binding arbitration.

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• The arbitration will occur in Tulsa, Oklahoma, or another mutually agreed‑upon location, including virtual settings under the AAA Consumer Arbitration Rules.
• The Federal Arbitration Act (FAA) will govern this arbitration agreement.
• The arbitrator holds the sole authority to resolve disputes regarding this agreement’s scope and enforceability.

B. Waiver of Class Actions & Jury Trial
By agreeing to arbitration, you understand that:

• You forfeit the right to participate in any class action, collective action, or representative action.
• You forfeit your right to a trial by jury.
• You may only bring claims against Bewitched Botanical LLC in your individual capacity.

If any part of this class action waiver is deemed unenforceable by a court, the entire arbitration provision will be considered void, and disputes will be settled in Oklahoma courts. Both parties acknowledge this arbitration clause is fair and mutually beneficial.

C. Opt-Out Procedure
If you do not want to be bound by this arbitration agreement, you must mail a signed, written opt-out request via certified mail to Bewitched Botanical LLC at P.O. Box 114, Tatums, OK 73487 and email a copy to [email protected] within 30 days of your first purchase. Opting out does not restore your right to a class action lawsuit or jury trial.

20. Governing Law and Jurisdiction

These Terms of Service and any related purchase agreements are governed by the laws of the State of Oklahoma, without regard to its conflict of laws principles. For any disputes not subject to arbitration, you agree to litigate exclusively in the state or federal courts located in Carter County, Oklahoma. By agreeing to these terms, you waive the application of any consumer protection laws outside of Oklahoma.

21. Entire Agreement

These Terms of Service, along with any policies we post on this site, represent the complete and exclusive agreement between you and us, and govern your use of the Service.

22. Revisions to Terms of Service

You can always find the most current version of the Terms of Service on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms by posting the revisions to our website.