Terms of Service

Introduction and Acceptance

Welcome to itsBotanyFarms. These Terms of Service (“Terms”) govern your access to and use of the itsBotanyFarms website located at http://itsbotanyfarms.com/ (the “Site”) and your purchase of products including Gourmet Fruit Gummies, Botanical Body Balms, Aromatic Oils, and Fruit Drinks offered by itsBotanyFarms.

By accessing or using our Site, browsing our products, placing an order, or making a purchase, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Site or purchase our products.

itsBotanyFarms is operated by itsBotanyFarms, located at 1288 N Fresno St, Fresno, CA 93703, United States. We reserve the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

These Terms constitute the entire agreement between you and itsBotanyFarms regarding your use of the Site and supersede any prior agreements.

Shipping and Delivery

itsBotanyFarms offers shipping services for all products purchased through our Site. Shipping methods, carriers, costs, and estimated delivery timeframes will be displayed during the checkout process. Estimated delivery times are provided in good faith but are not guaranteed, as they depend on carrier performance and other factors beyond our control.

Risk of loss and title for products purchased from itsBotanyFarms pass to you upon delivery to the shipping carrier. We are not responsible for delays, lost packages, or damages that occur during shipping. You are responsible for providing a complete and accurate shipping address. itsBotanyFarms is not liable for orders delivered to incorrect addresses provided by the customer.

For undeliverable packages that are returned to us due to incorrect addresses, unclaimed delivery, or refusal of delivery, we will contact you to arrange reshipment. Additional shipping charges may apply for reshipment. International shipping may be available for select products and destinations. International customers are responsible for all customs duties, taxes, and fees imposed by their country. Delivery times for international orders vary significantly by destination.

Limitation of Liability

To the maximum extent permitted by applicable law, itsBotanyFarms and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from: (a) your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site; (c) any content obtained from the Site; or (d) unauthorized access, use, or alteration of your transmissions or content.

In no event shall itsBotanyFarms’ total liability to you for all claims arising from or related to the Site or any products purchased exceed the amount you paid to itsBotanyFarms for the specific product giving rise to the claim, or one hundred dollars ($100), whichever is less.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if itsBotanyFarms has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Ordering and Payment

When you place an order through the itsBotanyFarms Site, you are making an offer to purchase products subject to these Terms. All orders are subject to acceptance by itsBotanyFarms. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraudulent activity, or other violations of these Terms.

You will receive an order confirmation email after placing your order. This confirmation does not constitute our acceptance of your order; it is simply confirmation that we received it. Acceptance occurs when we ship your order or send you a shipping confirmation email.

itsBotanyFarms accepts various payment methods as displayed during checkout, which may include credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize itsBotanyFarms to charge the full amount of your order, including products, shipping, taxes, and any other applicable fees.

We reserve the right to cancel orders if payment authorization fails or if fraudulent activity is suspected. Pricing and availability are subject to change without notice.

Intellectual Property Rights

All content on the itsBotanyFarms Site, including but not limited to text, graphics, logos, images, product descriptions, photographs, videos, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, “Content”), is the property of itsBotanyFarms or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The itsBotanyFarms name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of itsBotanyFarms. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from our Site, except as follows: (a) your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials; (b) you may store files automatically cached by your web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use.

Any user-generated content you submit, including reviews, photos, or comments, grants itsBotanyFarms a perpetual, royalty-free, worldwide license to use, reproduce, modify, and display such content.

Products and Availability

itsBotanyFarms makes every effort to display our products—including Gourmet Fruit Gummies, Botanical Body Balms, Aromatic Oils, and Fruit Drinks—as accurately as possible on our Site. However, we cannot guarantee that your computer monitor’s display of colors, textures, or details will be accurate. Product descriptions, images, and specifications are provided for convenience and may not be entirely precise.

All product descriptions, pricing, and availability information are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of our products, including composition, ingredients, colors, and sizes. However, we do not warrant that product descriptions, images, or other Content on the Site are accurate, complete, reliable, current, or error-free.

We reserve the right to limit the quantities of any products we offer and to discontinue any product at any time. Product availability is not guaranteed until your order is confirmed and shipped. If a product becomes unavailable after you place an order, we will notify you and offer a substitution, backorder option, or full refund.

itsBotanyFarms reserves the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We may also require additional verification or information before accepting any order.

Warranties and Disclaimers

THE PRODUCTS AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ITSBOTANYFARMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

itsBotanyFarms does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or results of the use of products or materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.

Any manufacturer warranties that apply to products sold by itsBotanyFarms are provided by the manufacturer, not by itsBotanyFarms. Please contact the manufacturer directly for warranty service. We make no representations or warranties regarding the performance, results, or outcomes you may experience from using our products.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. You may have other rights which vary by jurisdiction.

Website Access and Use

itsBotanyFarms grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site.

You agree not to: (a) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; (b) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (c) interfere with or disrupt the Site or servers or networks connected to the Site; (d) attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site; (e) use the Site to transmit any viruses, worms, or malicious code; (f) violate any applicable local, state, national, or international law.

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify itsBotanyFarms immediately of any unauthorized use of your account. We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Return Policy

itsBotanyFarms wants you to be completely satisfied with your purchase. If you are not satisfied with any product purchased from itsBotanyFarms, you may return eligible items within thirty (30) days of the delivery date for a refund or exchange, subject to the conditions outlined in this section.

To be eligible for a return, items must be unused, in their original condition, and in their original packaging. Due to health and safety reasons, certain products may not be eligible for return, including but not limited to opened Gourmet Fruit Gummies, Fruit Drinks, or any products that have been opened, used, or tampered with. Botanical Body Balms and Aromatic Oils must be unopened and in original sealed condition to be eligible for return.

To initiate a return, please contact us at hello@itsbotanyfarms.com or call +18188268496 with your order number and reason for return. We will provide you with return instructions and a return authorization if your return is approved. Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.

Refunds will be processed to the original payment method within seven (7) to ten (10) business days after we receive and inspect the returned item. Shipping charges are non-refundable except in cases of our error.

Indemnification

You agree to defend, indemnify, and hold harmless itsBotanyFarms and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other property or privacy right; (d) any claim that your use of the Site caused damage to a third party; or (e) your purchase or use of products from itsBotanyFarms.

This indemnification obligation will survive the termination of these Terms and your use of the Site. itsBotanyFarms reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with itsBotanyFarms in asserting any available defenses. You agree not to settle any such claim without the prior written consent of itsBotanyFarms.

Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or related to these Terms, the Site, or any products purchased from itsBotanyFarms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action, suit, or proceeding arising out of or relating to these Terms or the Site must be instituted exclusively in the federal or state courts located in Fresno County, California. You waive any objection to the jurisdiction of such courts and to venue in such courts.

Before filing any claim, you agree to first contact itsBotanyFarms at hello@itsbotanyfarms.com to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes through direct communication.

YOU AND ITSBOTANYFARMS AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and itsBotanyFarms agree to waive the right to a trial by jury.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us regarding your order, a return, or any other matter, please reach out to us using the contact information below:

itsBotanyFarms 1288 N Fresno St Fresno, CA 93703 United States

Email: hello@itsbotanyfarms.com Phone: +18188268496 Website: http://itsbotanyfarms.com/

Our customer service team is available to assist you and will respond to your inquiry as promptly as possible. For order-related questions, please have your order number ready when contacting us. We value your feedback and are committed to providing excellent customer service.

Thank you for choosing itsBotanyFarms for your Gourmet Fruit Gummies, Botanical Body Balms, Aromatic Oils, and Fruit Drinks.