Terms and Conditions
POLICIES BY PURCHASING ANY PRODUCTS FROM Smiley Time Herbals
YOU ARE AGREEING WHOLLY TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.
Seller posses the right to change these terms at anytime and without notice to Buyer. “Seller” refers to Smiley Time Herbals, the website www.smileytimeherbals.com, and all persons in association with Smiley Time Herbals; “Buyer” refers to the individual, company, firm, or other legal entity purchasing the Goods from the Seller for any and all purposes; “Goods” refers to any and all of the material or products which are the subject of the Contract; and “Contract” refers to a mutual agreement between the Seller and Buyer in exchange for the sale of Goods.
Age. Goods may not be purchased by anyone under the age of 18, except in Louisiana where you must be 19 or older, and must be 21 or older in Tennessee. Buyer agrees at time of purchase that all orders may be subject to the requirement of adult signature or other proof of age of Buyer prior to or on date of delivery.
Buyer acknowledges that any and all Goods purchased from Seller are intended solely for the purpose of scientific research and development and are in no way intended for human consumption under any circumstances. Buyer agrees that any consumption of Goods offered by Seller is a misuse of said Goods. Buyer will not hold Seller responsible for any consequence, whether seen or unforeseen, nor will Buyer hold Seller responsible for any harm or injury resulting from the misuse of said Goods.
Regulation and Risk of Loss. Buyer is fully responsible for any and all local laws pertaining to the purchase of Goods. Seller declares the offer of Goods void where prohibited. If Goods are lost during transport to Buyer, due to Buyer negligence to obey all applicable laws, whether local or otherwise, Seller deems loss of Goods the responsibility of the Buyer. Any risk of loss is immediately transferred to Buyer upon purchase of Goods.
Our products nor the information provided are not intended to diagnose, treat, cure, or prevent any disease or ailment. We offer products as bulk botanical specimens with no intended use. The information provided & products sold on this website are for education and research purposes only. Consuming any of these products may have negative consequences or reactions. Speak with your licensed healthcare professional before combining herbs, supplements, or medications. We do not promote consumption of any products that we sell and we do not offer any medical advice. Our products are for external use only.
Disclaimer of Liability. The purpose of this Terms and Conditions agreement is to remove any and all liability of the Seller for events where harm or injury occurred as result from the purchase, use, or misuse of the Goods.
By purchasing the Goods you are hereby affirming the following:
I am over 18. I am an adult under the laws of my State and Country.
I am in good health, of sound mind and body, and am capable of making my own decisions and representations.
LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS.’ Goods are without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are expressly hereby disclaimed.
Under no circumstances will Seller be liable to me or any third party for any damages or injury resulting from use, misuse, or improper use of Goods. Neither shall Seller be liable, to me or any third party, for actions taken, by me or any third party, resulting from reliance on information or views, verbal or in literature obtained through Seller by any means. Waiver of liability includes and encompasses any and all damages whether incidental, consequential, special, or similar.
I agree to indemnify and hold harmless both Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages resulting from the purchase, use, or misuse of Goods. Seller and all of the aforementioned related parties shall not be liable under any circumstance or theory whatsoever.
No circumstance shall exist where Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
I HAVE CLEARLY READ AND FULLY UNDERSTAND AND COMPREHEND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree and state that I will carefully abide by these cautions & warnings. I will also abide by and follow all warnings stated on the website regarding product use.
Severability. The validity of these terms and conditions is not altered by the pronouncement of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition exclusively exists on its own merits and shall not be rendered invalid by any change in the others, regardless of circumstance.
Choice of Law and Venue. These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been both agreed to and have had occurred in the State of Kentucky. Any disputes or clarification of interpretation, and the remedies for enforcement or breach of contract, are to be applied pursuant to and in accordance with the laws of the State of Kentucky. Buyer and Seller expressly agree that all actions or proceedings arising in relation to the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts within the State of Kentucky. The Buyer relinquishes the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or any and all related motions.