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Legal

Terms of Service

Last updated: April 2024

1. Agreement to Terms

By accessing or using the Atlas Botanics website at atlasbotanics.com (the “Site”), purchasing our products, or using any of our services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, you must not access or use the Site.

These Terms apply to all visitors, users, customers, and others who access or use the Site. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Eligibility

You must be at least 18 years of age to use the Site and purchase products from Atlas Botanics. By using the Site, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Site under any applicable law.

3. Account Registration

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized access to or use of your account. Atlas Botanics will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Products and Pricing

All product descriptions, images, and pricing on the Site are subject to change without notice. We make every effort to display product colors and images as accurately as possible; however, we cannot guarantee that your device's display will accurately reflect the actual product.

Prices for products are listed in US dollars and do not include shipping costs, taxes, or import duties unless explicitly stated. We reserve the right to modify prices at any time. Price changes will not affect orders that have already been confirmed.

In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price. We will notify you promptly and issue a full refund if an order is canceled due to a pricing error.

5. Orders and Payment

By placing an order through the Site, you are making an offer to purchase the selected products. All orders are subject to acceptance by Atlas Botanics. We may refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity.

Payment must be made at the time of purchase using one of our accepted payment methods: major credit cards (Visa, Mastercard, American Express, Discover), PayPal, Apple Pay, Google Pay, or Shop Pay. All payment information is processed securely through our PCI-DSS compliant payment processor.

6. Subscriptions

Atlas Botanics offers subscription services (“Subscribe & Save”) that deliver products on a recurring basis. By subscribing, you authorize us to charge your payment method on a recurring basis at the applicable subscription price plus any applicable taxes and shipping charges.

You may cancel, pause, or modify your subscription at any time through your account dashboard or by contacting our customer support. Cancellations take effect at the end of the current billing cycle. No refunds are issued for partial billing periods unless the product is returned under our 90-day money-back guarantee.

7. Shipping and Delivery

Shipping times and costs are estimates and are not guaranteed. Atlas Botanics is not responsible for delays caused by shipping carriers, customs processing, weather events, or other circumstances beyond our control. Risk of loss and title for items purchased from the Site pass to you upon delivery to the carrier.

For complete shipping information, please refer to our Shipping & Returns page.

8. Returns and Refunds

Atlas Botanics offers a 90-day money-back guarantee on all products. Returns must be initiated within 90 days of the original purchase date. For complete return and refund information, please refer to our Refund Policy page.

9. Intellectual Property

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, audio, video, software, and code — are owned by Atlas Botanics Inc. or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

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

10. Prohibited Uses

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Atlas Botanics, an employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server, computer, or database connected to the Site
  • To use any robot, spider, or other automatic device to monitor or copy any material on the Site
  • To introduce any viruses, Trojan horses, worms, or other malicious or technologically harmful material

11. Disclaimer of Warranties

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

Atlas Botanics does not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Our products are not intended to diagnose, treat, cure, or prevent any disease. Results may vary from person to person.

12. Limitation of Liability

IN NO EVENT SHALL ATLAS BOTANICS INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid to Atlas Botanics in the 12 months preceding the claim.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida.

14. Contact Information

For questions about these Terms of Service, please contact us at:

Atlas Botanics Inc.

Attn: Legal Department

Email: legal@atlasbotanics.com

Address: 1200 Brickell Avenue, Suite 1800, Miami, FL 33131