Terms and Conditions
Below are our terms and conditions. If you have any questions please use the form below
Terms and Conditions
Boutique Botanicals LLC (https://www.boutique-botanicals.com) owns and operates this Website. This document governs your relationship with (https://www.boutique-botanicals.com) (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
General Statement of Principles
As described in detail below, any information we gather at this web site is strictly for our use and is not shared with any other entity, public or private, for any reason – period. We will not sell or give away any lists or other data that we may retain and we do not purchase such information from other sources.
Our servers (as most) track IP addresses and referring pages to help with site maintenance and improvements. This data is viewed only as anonymous statistics to show the busiest times of the day or week, pages with errors and how effective our advertising has been. This information is not used for any other purpose.
Personal Information Collected – Order Forms
With the exception of credit card info, we store the information from your order form to allow us to track consulting issues or refer to a previous order to help provide some customer service.
Information Correction or Removal
If you wish to correct, update or remove any information about you that may be in our records, please send us e-mail at https://www.boutique-botanicals.com with the details of your request. If you wish to contact us further, please find complete contact information on our website contact page.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://www.boutique-botanicals.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of https://www.boutique-botanicals.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by https://www.boutique-botanicals.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Although most orders ship within 1-2 business days, orders can take up to 5 business days to process. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with https://www.boutique-botanicals.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. https://www.boutique-botanicals.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be https://www.boutique-botanicals.com or may in some cases be a third party. Where a contract is made with a third party https://www.boutique-botanicals.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://www.boutique-botanicals.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect [https://www.boutique-botanicals.com]’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://www.boutique-botanicals.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [https://www.boutique-botanicals.com].
You agree to indemnify, defend and hold harmless https://www.boutique-botanicals.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
https://www.boutique-botanicals.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND COVENANT NOT TO SUE AGREEMENT
between purchaser (“Releasor”) and Haleigh’s Hope Inc. (“Releasees”).
I. NOTICE OF RISK; DISCLAIMER OF LIABILITY; WAIVER OF CLAIMS
1. Product and Information not evaluated by the FDA: Any products discussed or supplied or any claims regarding those products have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Any information provided is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use this product or the information provided for diagnosis, treatment or cure of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
2. Drug Interactions: This product may cause drug interactions. Possible interactions and dosage adjustments should be discussed with the customer’s physician. It is prudent to have a doctor monitor blood levels regularly, so that the anticipated drug interactions can be detected.
3. Legality: The customer understands the risks inherent with this product and understands that services or products provided do not guarantee success nor do they guarantee immunity from Civil and/or Criminal prosecution due in part to the evolving nature of the industry and legislation in the United States.
4. Consultation with Attorney. Customer is advised to consult with an attorney often, as the legal landscape is changing and being updated, voted, or challenged often by various competing forces at this time. Customer is advised to act with caution and attention and to stay abreast of the issues involved with the industry.
II. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
1. I have read the above notice carefully and acknowledge receipt of a copy thereof. In consideration of the benefits received, I hereby assume all risks of damages, injury, and civil or criminal prosecution that I may sustain while participating in or as a result of, or in any way growing out of my activity associated with the Releasees.
2. I accept and assume such risks and responsibility for any losses and/or damages, however caused and whether caused in whole or in part by the negligence of the Releasees named above.
III. RELEASE AND WAIVER OF LIABILITY AND COVENANT NOT TO SUE (READ CAREFULLY BEFORE PURCHASING)
1. I hereby acknowledge that, based on the above notice, acceptance of the services and/or products offered by Releasees involves an inherent risk and I assume all risks. I hereby agree that for the sole consideration of Releasees allowing me to accept services and/or products under the authority of state law, I, for myself, my personal representatives, assigns, executors, heirs and next of kin, do hereby release and forever discharge the Releasees from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including but not limited to the death of the customer), damage to property, and the consequences thereof, whether or not caused or contributed to in whole or in part by the negligence of the Releasees, resulting from any participation in any way connected with the Releasees.
2. I further expressly agree that the foregoing release, waiver, and covenant not to sue is intended to be as broad and inclusive as is permitted by law.
3. I further covenant and agree that for the consideration stated above, I will not sue the Releasees for any claim for damages arising or growing out of my association with Releasee. I understand that the acceptance of this release and covenant not to sue the Releasees shall not constitute a waiver in whole or in part, or any sovereign or official immunity which may be possessed by any of the Releasees.
4. I have received a copy of this document and I certify that I am 18 years of age or older and suffering under no legal disabilities and that I have read the above carefully before purchasing.
5. This entire agreement, including the notice, assumption of risk, and release, waiver of liability and covenant not to sue shall be construed and applied so as to conform to the law of the State Colorado, whose laws are deemed to be controlling. In the event any clause of this agreement shall be deemed not to be in compliance with applicable law, that clause shall be either be given no force or effect, or shall be construed and applied to conform to State law, the validity and enforceability of all other clauses and of the agreement itself otherwise not being affected.
6. This agreement will be governed by and construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Colorado. I hereto consent and voluntarily submit to personal jurisdiction in\the State of Colorado and in the courts in such state located in Boulder County in any proceedings arising out of or relating to this agreement and the transactions contemplated hereby. I hereto irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that I may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to this agreement in the courts of the state of Colorado.
7. I have read this release and waiver of liability, assumption of risk and covenant not to sue agreement, fully understand its terms, understand that I have given up substantial rights by clicking agree, and have agreed to it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my electronic approval to be complete and unconditional release of all liability to the greatest extent allowed by law.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and [https://www.boutique-botanicals.com]. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of [https://www.boutique-botanicals.com].
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