Terms & Conditions
Please read these Terms & Conditions which contains information about your rights and obligations. These terms require the use of arbitration to resolve disputes, rather than jury trials. If you do not agree with these terms, do not order your product.
This Terms & Conditions Agreement applies to your purchase of products by Botanical Therapy. By placing an order for your product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms & Conditions, you must promptly contact Customer Service and cancel your order before your product is made and cannot be cancelled.
1. Product Order Terms, Payment. Unless some other prearranged form of payment has been agreed upon, terms of payment must be received by Botanical Therapy prior to acceptance of an order. Botanical Therapy is not responsible for typographical, pricing, or other errors in any Botanical Therapy products and reserves the right to cancel any orders arising from such errors.
2. Shipping Charges; Risk of Loss, Taxes. Damage or loss that occurs during shipping by a carrier selected by Botanical Therapy is Botanical Therapy's responsibility. Shipping and delivery dates are estimates only. Shipping, handling, and tax are additional unless expressly indicated at the time the order is placed.
3. Customer Service. Customer service is provided directly by Botanical Therapy. Botanical Therapy does not use third-party call centers.
4. Refunds, Returns, and Exchanges. If for any reason you are not satisfied with your product, please contact Customer Service.
5. Warranties. Statements made regarding herbal ingredients reflect traditional uses, applications, and effectiveness. Any testimonials on this website are based on individual results and do not constitute a guarantee that you will achieve the same results. Unless expressly stated otherwise, Botanical Therapy makes no warranties whatsoever for product or service. Botanical Therapy disclaims all warranties, expressed or implies, including but not limited to any warranty of merchantability and any warranty of fitness for any purpose.
6. Changed or Discontinued Product. Botanical Therapy may revise and discontinue product at any time without notice to you. This may affect data in your online shopping cart.
7. Limitation of Liability. Botanical Therapy and its owners, members, managers, partners, officers, employees, and agents do not accept liability beyond the remedies expressly provided for in this Agreement. Except as expressly stated in this Agreement, you waive, release, and hold harmless, Botanical Therapy and any of its owners, members, managers, partners, officers, employees, and agents, from any harm, injury, cause or action, claim, fees, and damages, to you, your property, arising from or related to your use of this website or any Botanical Therapy product. Your waiver, release, and hold harmless includes but is not limited to any direct, indirect, special consequential, or punitive damages, even in Botanical Therapy is advised of the possibility of such damages or for any claim by any third party. In no event will Botanical Therapy or any of its owners, members, managers, partners, officers, employees, or agents be responsible for any amount of damages above the amount invoiced for the applicable product. This Limitation of Liability shall be construed to be enforceable to the maximum extent permitted by law. Any ambiguity in construction or interpretation shall be resolved in favor of Botanical Therapy and its owners, members, managers, partners, officers, employees, and agents.
8. Not for Resale. You agree that you are buying Botanical Therapy products for your own use only, and not for resale.
9. Governing Law. The parties agree that this Agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law and equitable claims) between Botanical Therapy and you arising from or relating to this Agreement, it interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Botanical Therapy's advertising or any related purchase shall be governed by the laws of the State of Washington, without regards to conflict of law.
10. Binding Arbitration and Dispute Resolution. You and Botanical Therapy are agreeing to give up any rights to litigate claims in a court or before a jury with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law and equitable claims) between you and Botanical Therapy, its owners, members, managers, partners, employees, agents, and any third party providing products or services to you in connection with your purchase (collectively "Botanical Therapy") arising from or relating in any way to your purchase of product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships with result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Botanical Therapy's advertising or any related purchase shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision of this Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer related disputes, in effect at the time the claim is filed. The arbitration proceedings will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, neither you nor Botanical Therapy shall be entitled to join or consolidate claims by or against other customers, or arbitration or otherwise participate in any claim as a call representative, class member or in a private attorney general capacity. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec 1-16 (FAA). Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Botanical Therapy will be responsible for pay any individual consumer's arbitration fees if the consumer prevails.
11. Severability. If any provision of this Agreement is declared or found to be illegal, invalid or unenforceable, then such provision will be stricken or modified to the extent necessary to make it legal, valid and enforceable will preserve the original intent to the maximum extent possible. The remaining provisions of this Agreement will remain in full force and will not be terminated.
12. Entire Agreement. This Agreement constitute the entire agreement between you and Botanical Therapy regarding its subject matter and supersedes all pre-existing, present, future, written or oral understanding, communications or agreements between you and Botanical Therapy regarding subject matter. This Agreement may not be altered, supplemented or amended by you via the use of any other document(s) unless otherwise agreed to in a separate written agreement signed by an authorized representative of Botanical Therapy. Any use of your pre-printed forms, such as purchase orders, are for convenience only, and any pre-printed terms set forth therein that are in addition to, inconsistent or in conflict with the terms of this Agreement shall be given no force or effect.
For questions regarding the Terms & Conditions Agreement, please contact Customer Service.