Terms of Service

Botanical Blends is a distributor and retailer of third-party botanical brands. These Terms of Service govern your use of this website and every order you place through it. Please read them — they include limits on our liability, a section explaining that we resell goods made by other companies, and a section on how disputes are handled.

Effective date: [EFFECTIVE DATE].

1. Acceptance of these terms

This site is operated by [BUSINESS NAME / LEGAL ENTITY] ("Botanical Blends," "we," "us," "our"). By visiting the site, creating an account, subscribing to our emails, or placing an order, you agree to these Terms of Service and to every policy referenced in them, including our Shipping Policy, Refund Policy, Privacy Policy, and Disclaimer. Those documents are part of these terms.

If you do not agree to these terms, do not use this site.

2. Eligibility — you must be 21 or older

Everything sold on this site is intended for adults 21 years of age and older. By using the site or placing an order you represent and warrant that:

• You are at least 21 years old;
• You have the legal capacity to enter into a binding contract;
• You are purchasing for yourself, or for another adult who is at least 21, and not for anyone under 21; and
• The products you order may lawfully be sold to you and delivered to your address.

We may require age verification at any point — at the age gate, at checkout, before shipment, or by adult signature at delivery. We may cancel and refund any order we are unable to verify, that we believe was placed by or for a person under 21, or that we are not permitted to fulfill. Misrepresenting your age is a breach of these terms and grounds for cancelling your orders and closing your account.

3. Products we sell

The products we carry are kratom-free. They contain no kratom, no mitragynine, and no 7-hydroxymitragynine (7-OH).

Product availability varies by delivery address. We make no representation that any product is legal in all fifty states.*

* Legality in this category depends on the specific formulation, the brand, the format, and the state, county, and municipal law that applies where you live and where your order is delivered, and those rules change frequently. It is your responsibility to know and follow the law that applies to you. See our Shipping Policy for shipping restrictions. Nothing on this site is legal advice.

4. Accounts and account security

You do not need an account to order, but if you create one you agree to give accurate and complete information and to keep it current. You are responsible for keeping your password confidential and for all activity that happens under your account, whether or not you authorized it. Notify us immediately at help@botanicalblends.com if you believe your account has been compromised.

We may suspend, restrict, or close any account, and refuse service to anyone, at any time, for any reason permitted by law — including suspected fraud, chargeback abuse, breach of these terms, or an inability to verify age.

5. Product listings, pricing, availability, and errors

We work to describe and price products accurately, but we do not warrant that product descriptions, images, ingredient lists, pricing, or other content on this site are accurate, complete, current, or error-free. Product images are illustrative; packaging, labeling, and artwork are set by the manufacturer and can change without notice.

• Prices are subject to change without notice and are shown in [CURRENCY, e.g. US dollars].
• Availability is not guaranteed. Products may sell out, be discontinued by the manufacturer, or be limited in quantity, and we may limit quantities per order, per customer, or per address.
• We reserve the right to correct errors and to cancel orders. If a product is listed at an incorrect price, with an incorrect description, or is unavailable, we may cancel the order — even after you receive an order confirmation — and refund you in full. An order confirmation is an acknowledgment that we received your order, not our acceptance of it. A contract is formed only when we ship.
• We may discontinue any product or offer at any time, and may restrict sales to any person, region, or jurisdiction.

6. Payment

You agree to pay the price shown at checkout plus any applicable shipping charges and taxes. By submitting an order you represent that you are authorized to use the payment method you provide.

• Payments are processed by Shopify's payment processors and other third-party providers. We do not store full payment card numbers — see our Privacy Policy.
• Payment must be authorized and settled before we ship. If a payment is declined, reversed, or later fails, we may cancel or hold the order.
• Sales tax is charged where we are required to collect it. Tax-exempt purchasers must have a valid exemption on file before ordering; we cannot refund tax on a completed order that was placed without one.
• You are responsible for any fees your bank or card issuer charges, including foreign transaction fees.
• Chargebacks are addressed in our Refund Policy. Contact us before disputing a charge.

7. Shipping, title, and risk of loss

Processing times, transit estimates, tracking, address accuracy, lost and stolen packages, and shipping restrictions are governed by our Shipping Policy, which is incorporated into these terms.

Title and risk of loss pass to you when we hand the package to the carrier. From that point the shipment is yours, and delivery timing is in the carrier's hands. Delivery estimates are estimates, not guarantees. This does not affect the claims process we offer for packages that arrive damaged or that never arrive — see the Shipping and Refund policies for how to file one and the deadlines that apply.

8. Returns and refunds

Returns, exchanges, refunds, the condition requirements for returned goods, and claims for damaged, defective, or incorrect items are governed by our Refund Policy, which is incorporated into these terms. In short: contact support before returning anything, and opened or unsealed consumable products cannot be returned.

9. Third-party products and our role as a reseller

Botanical Blends is a distributor and retailer. We are not a manufacturer. The products we sell — shots, sachets, tablets, bottles, and chewables — are formulated, manufactured, tested, packaged, and labeled by independent third-party brands. We purchase finished goods and resell them.

What that means for you:

• We do not control formulation, manufacturing, testing, or labeling. Ingredients, potency, flavors, serving sizes, packaging, artwork, and label copy are set by the manufacturer and can change without notice to us or to you.
• Read the label on the product you actually receive. The label on the physical product controls. Where a product listing on this site differs from the label in your hand — because a manufacturer reformulated, revised its packaging, or changed a warning — the label governs. Do not rely on this site in place of reading it.
• We pass through manufacturer documentation. Where a manufacturer supplies certificates of analysis, lab results, ingredient statements, or compliance documentation, we make them available as we received them. We pass them along as-is, we do not independently verify or re-test them, and we make no representation as to their accuracy or completeness. Documentation is specific to the lot or batch it names.
• Product claims route to the manufacturer. Claims about formulation, ingredients, potency, labeling, manufacturing defects, contamination, or product safety are the manufacturer's responsibility. Report them to us and we will pass them to the manufacturer and stay in the loop with you, but the manufacturer is the responsible party and its warranty, if any, is the warranty that applies.
• No manufacturer warranty is created by us. We do not extend, adopt, guarantee, or assume any manufacturer's warranty, representation, or obligation, and nothing we say about a product creates a warranty from us.

This section does not limit rights you have under law that cannot be waived, and it does not apply to our own errors — if we ship the wrong item, a short shipment, or damage something in our own handling, that is on us and the Refund Policy covers it.

10. Wholesale and B2B

We sell both direct to consumers and wholesale. Wholesale purchasing is not open by default — it is available only to approved accounts, and it is subject to terms in addition to these.

• Approval required. Wholesale accounts are subject to application and approval at our discretion. We may request business documentation, verify it, and decline or revoke an account at any time.
• Resale certificate required. Approved wholesale accounts must provide a valid resale certificate, sales tax permit, or exemption certificate for each jurisdiction claimed, and must keep it current. Wholesale purchases are for resale, not personal use.
• Minimums and pricing. Wholesale orders are subject to minimum order quantities, minimum order values, case-pack requirements, and a separate wholesale price sheet that supersedes the retail pricing shown on this site. Wholesale pricing is confidential and is offered only to the approved account.
• Separate agreement controls. Where we and a wholesale partner sign a separate wholesale, distribution, or dealer agreement, that agreement controls to the extent it conflicts with these terms.
• You age-gate your own resale. Wholesale partners are solely responsible for complying with every law that applies to their own resale — including restricting sales to adults 21 and over, verifying age at their own point of sale, following state, county, and municipal rules where they sell, and meeting their own licensing, registration, and tax obligations. You may not resell into a jurisdiction where the product is restricted.
• No repackaging or relabeling. Wholesale partners must resell products in their original, unaltered manufacturer packaging with all labels, warnings, seals, and lot codes intact. Do not repackage, relabel, decant, alter, or misrepresent the origin of any product.
• No claims. Wholesale partners must not make health, medical, therapeutic, or disease claims about any product, and must not represent that a product is approved, endorsed, or certified by any authority.

Wholesale inquiries: wholesale@botanicalblends.com.

11. Acceptable use

You agree not to use this site or the products you buy from it to:

• Purchase for, supply to, or resell to anyone under 21;
• Violate any law, regulation, or ordinance, or ship into a jurisdiction where a product is restricted;
• Misrepresent resale — buying at retail while representing yourself as a wholesale account, using a resale certificate for personal purchases, reselling retail purchases as authorized wholesale, or holding yourself out as a distributor, authorized dealer, or representative of Botanical Blends or of any brand we carry without written authorization;
• Repackage, relabel, alter, or tamper with any product, or remove lot codes, seals, or warnings;
• Make health, medical, therapeutic, or disease claims about any product;
• Scrape, crawl, harvest, or use bots, spiders, or automated tools to access, index, copy, or collect content, pricing, product data, images, or customer information from this site, or to circumvent any rate limit or access control;
• Reverse engineer, interfere with, overload, or attempt to gain unauthorized access to the site, our accounts, or our systems;
• Transmit malware, viruses, or destructive code, or use the site to send spam;
• Submit false, fraudulent, or stolen payment information, or place orders with the intent of filing a chargeback;
• Impersonate any person or entity, or harass, abuse, or threaten our staff or other users; or
• Infringe anyone's intellectual property or privacy rights.

We may terminate your access for a breach of this section, and pursue any other remedy available to us.

12. Intellectual property

The site itself — our name and logo, site design, layout, original text, photography, graphics, product descriptions we wrote, and the compilation and arrangement of everything on it — is owned by us or licensed to us and is protected by copyright, trademark, and other laws. You may view and print pages for your own personal, non-commercial use. You may not copy, reproduce, republish, distribute, sell, or create derivative works from our content without our written permission.

Third-party brands. The brand names, logos, product names, packaging, trade dress, and trademarks of the brands we resell — including Buzzers, Homiez, Shift, Seda Botanicals, Script, Kream Next Gen, and Smurph's Botanicals — are the property of their respective owners. They appear on this site solely to identify the products we sell. Their appearance here does not imply that we own them, and does not imply any partnership, sponsorship, endorsement, or affiliation beyond our role as a reseller of the goods. All rights in those marks remain with their owners.

13. Reviews and user content

You may be able to post reviews, ratings, photos, comments, or other content on the site. You are responsible for what you post.

Licence. By posting, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any medium, including for marketing, without compensation to you. You represent that you own or have the rights to what you post, and that it does not infringe anyone's rights.

Do not post health or disease claims. User content must not state or imply that any product diagnoses, treats, cures, prevents, or mitigates any disease or health condition, or that it produces any therapeutic or medical result. This is a firm rule, not a stylistic preference — claims of that kind create regulatory exposure for us and for the manufacturers whose products we carry. Content that does this will be removed.

User content must also not be false, misleading, defamatory, obscene, harassing, or unlawful; must not contain anyone's personal information; must not contain spam or promotional links; and must not come from anyone under 21.

We are not obligated to monitor user content, but we may edit, refuse to post, or remove any content at any time, for any reason, without notice. Reviews and comments are the opinions of the people who wrote them, not ours, and we do not endorse them or vouch for their accuracy.

14. Disclaimers

Read our Disclaimer page. It contains the product-specific warnings, use conditions, and cautions that apply to what we sell, and it is incorporated into these terms.

No medical advice. Nothing on this site — product listings, blog posts, emails, reviews, or anything our staff tells you — is medical advice, and none of it is a substitute for consulting a qualified healthcare professional. We are a retailer, not a healthcare provider. Statements about products on this site have not been evaluated by the Food and Drug Administration, and no product sold here is intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before using any botanical product, particularly if you are pregnant or nursing, have a medical condition, or take medication.

As-is. The site, its content, and the products sold through it are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and we disclaim any warranty arising from a course of dealing or usage of trade. We do not warrant that the site will be uninterrupted, timely, secure, or error-free, or that any content on it is accurate or current.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, these exclusions apply to the maximum extent permitted, and you may have rights that cannot be waived.

15. Limitation of liability

To the fullest extent permitted by law:

• Botanical Blends, and its owners, officers, employees, agents, and suppliers, are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or related to your use of this site or any product bought through it, whether based in contract, tort, strict liability, or any other theory, and whether or not we were advised that such damages were possible.
• Our total aggregate liability for any claim is limited to the amount you actually paid us for the product or order that gave rise to the claim.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded — including, where applicable, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under any consumer protection or product liability law that does not permit such a limit. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you.

16. Indemnification

You agree to indemnify, defend, and hold harmless Botanical Blends and its owners, officers, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense — including reasonable attorneys' fees — arising out of or related to your breach of these terms or of any policy incorporated into them, your violation of any law or of any third party's rights, your misuse or resale of any product, content you post on the site, or any misrepresentation you make to us, including about your age or your wholesale status.

17. Governing law and venue

These terms and any dispute arising out of them or out of your use of this site are governed by the laws of the State of [GOVERNING LAW STATE], without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the dispute resolution section below, you agree that the exclusive venue for any action is the state and federal courts located in [COUNTY, STATE OF VENUE], and you consent to the personal jurisdiction of those courts.

18. Dispute resolution

Informal resolution first. Before starting any formal proceeding, contact us at help@botanicalblends.com with a description of the dispute and what you want. Most problems are resolved this way, and we ask for 30 days to try.

[PLACEHOLDER — DECIDE BEFORE LAUNCH: BINDING ARBITRATION AND CLASS ACTION WAIVER.] Whether to require binding individual arbitration, whether to include a class action waiver and a jury trial waiver, which arbitration provider and rules to name, who pays the fees, whether to offer a small-claims carve-out, and whether to give customers an opt-out window are decisions for qualified legal counsel, not drafting choices we should make here. Arbitration clauses are enforceable only if they are drafted and presented correctly, they are treated differently from state to state, and a badly drafted one is worse than none at all. Have counsel decide, then replace this entire paragraph with the clause they provide — or delete it, if the decision is to rely on the courts named in the Governing law and venue section above.

19. Changes to these terms

We may update these Terms of Service at any time. The version posted on this page at the moment you place an order is the version that governs that order. We will update the effective date at the top of this page when we make a change, and material changes will be communicated by a notice on the site where required. Continuing to use the site after an update means you accept the updated terms. It is your responsibility to check this page.

20. General

• Severability. If any provision of these terms is found unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted, or severed, and the remaining provisions stay in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.
• Entire agreement. These terms, together with the Shipping Policy, Refund Policy, Privacy Policy, and Disclaimer, are the entire agreement between you and us about this site and supersede any prior agreement or understanding. Any separate signed wholesale agreement controls over these terms to the extent it conflicts with them.
• Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, carrier disruption, labor disputes, supply or manufacturer failures, utility or network outages, and government action.
• Survival. Sections on third-party products, intellectual property, user content, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution survive termination.
• Headings are for convenience and do not affect interpretation.

21. Contact us

• Email: help@botanicalblends.com
• Phone: [SUPPORT PHONE]
• Mailing address: [BUSINESS NAME / LEGAL ENTITY], [STREET ADDRESS], [CITY], [STATE] [ZIP], [COUNTRY]

Legal notice

This document is a starting template, not legal advice. It was drafted for a US-based, kratom-free botanical distributor and reseller selling to adults 21 and over, both direct to consumers and wholesale. It has not been reviewed against the specific facts of this business, our supplier agreements, or the law of every state we ship to, and the dispute resolution section is deliberately left unfinished. Have qualified legal counsel review, complete, and adapt it before launch.

Last updated: [DATE].