terms of use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. USING THIS WEBSITE AND CLICKING ON THE “AGREE” BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.

 

This website is operated by Botany Farms LLC. Throughout the site, the terms “we”, “us” and “our” refer to Botany Farms LLC.

 

ALL SALES ARE FINAL ONCE SHIPPED.If you wish to cancel an order before it has shipped, please send an email to team@botanyfarms.com.

 

Your Botanyfarms.com Account

If you use Botany Farms LLC’s online services; you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Copyright Complaints [USA]

Botanyfarms.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately.

 

Electronic Communications

Anytime you send Botany Farms LLC an email, or log in on to our website at Botanyfarms.com, you are communicating with us in an electronic format. This gives Botany Farms LLC the permission to communicate back to you in the same electronic format, either by email or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by Botany Farms LLC satisfies all legal notification requirements.

 

License and Site Access

Botany Farms LLC grants you a limited licence to access and make personal use of the www.botanyfarms.com Site. Such grant does not include, without limitation:

(a) any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing;

(b) the collection and use of any product listings, pricing, or descriptions;

(c) making derivative uses of the Site and its contents;

or(d) any copying or downloading of information for the benefit of a third party;

Any unauthorized use will immediately terminate your permission to use this Site. You may not use any Botany Farms LLC text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of Botany Farms LLC.

 

Your botanyfarms.com Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Botany Farms LLC only sells to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, www.botanyfarms.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

 

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Botany Farms LLC disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Botany Farms LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Botany Farms LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitation may not apply to you.

 

Risk of Loss

All items purchased from www.botanyfarms.com or from Botany Farms LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon delivery to the carrier.

 

Disclaimer of Warranties and Limitation of Liability

Botany Farms LLC’s products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by Botanyfarms.com or its affiliates on an “as is” basis, unless otherwise specified in writing. Botanyfarms.com and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of Botany Farms LLC’s products as well as any third party products or this Site is purchased at your sole risk.

To the full extent permission by applicable law, Botany Farms LLC and Botanyfarms.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Botany Farms LLC does not warrant that Botanyfarms.com, this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their; or email sent from Botanyfarms.com are free of defects, viruses or other harmful components. Botany Farms LLC will not be liable for any damages of any kind arising from the use of Botany Farms LLC’s products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Botany Farms LLC reserves the right to change any and all content contained on this Site at any time without notice.

 

Typographical Errors

In the event that a Botany Farms LLC product is mistakenly listed at an incorrect price, Botany Farms LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

Botany Farms LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Botany Farms LLC shall issue a credit to your credit card account in the amount of the incorrect price.

 

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Botany Farms LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Botany Farms LLC may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Botany Farms LLC.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Botany Farms LLC) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Botany Farms LLC products) must be commenced within one (1) year after the claim or cause of action arises. Botany Farms LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Botany Farms LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Botany Farms LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Indemnification

You agree to indemnify, defend, and hold harmless Botany Farms LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Botany Farms LLC may link to sites operated by third parties. However, even if the third party is affiliated with Botany Farms LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Botany Farms LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Botany Farms LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

Disclaimer

These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will Botany Farms LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. Our products are intended for ADULTS only. Other groups that should consult a physician before use include (but are not limited to): those who suffer from heart disease or high blood pressure, pregnant, nursing, or those thinking of becoming pregnant. Those allergic to hemp flower and all of its’ properties.

 

Consumable Product Disclaimer

 

Product Image Disclaimer

Product images are for illustration purposes only. Actual product colors may vary depending on screen resolution and lighting.

 

Age Verification Policy

Botany Farms LLC is required by law and committed to preventing sales to anyone under the legal purchasing age for any of our products. When you place an order, your name and address are used to confirm your identity and age. This process only must be done once. In some cases we might be unable to verify your age during check-out and will need you to provide additional information to complete your order.

 

Note: If your transaction has been declined, please contact us at team@botanyfarms.com before attempting further transactions as holds may occur on your account.

 

Disclaimer: We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be legal smoking age for the state in which you reside to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.

 

Botany Farms LLC reserves the right to refuse service to anyone.