TERMS AND CONDITIONS
Effective date: 1st September 2023
1.1 Purpose of the Terms and Conditions
Welcome to Plantanium LLC, doing business as Plantanium (“Plantanium”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at www.plantanium.com (“Website”) and the services we offer including but not limited to the provision of herbal and nutraceutical supplements. These Terms are intended to define the rules and obligations that govern the use of our Website and services.
1.2 Definition of Key Terms
In these Terms, the following definitions shall apply:
- “User”, “You”, “Your” refers to you, as a user of the Website.
- “Products” refers to the herbal and nutraceutical supplements, both topical and ingestible, offered by Plantanium.
- “Content” refers to any data, text, graphics, images, and other materials available on the Website.
- “Order” refers to the purchase of Products through the Website.
Acceptance of Terms
2.1 User Agreement to the Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are advised not to use the Website. Your continued use of the Website signifies your acceptance of the updated or modified Terms.
2.2 Modification of Terms
Plantanium reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for updates. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
3.1 Age Requirement
The Website and services are intended solely for persons who are 18 years of age or older. Any access to or use of the Website by anyone under 18 is expressly prohibited. By accessing or using the Website, you represent and warrant that you are 18 or older.
3.2 Account Responsibility
If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
4.1 Description of Products
Plantanium offers a range of herbal and nutraceutical supplements, both topical and ingestible, as described on the Website. While we strive to provide accurate product descriptions, we do not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free.
4.2 FDA Disclosure
The Products available on the Website are not intended to diagnose, treat, cure, or prevent any disease. This disclosure is in compliance with the United States Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(6)(C)) and 21 CFR 101.93(b)–(d). Users are advised to use the Products at their own risk and discretion and should consult with a healthcare professional before using any dietary supplement.
Pricing and Payment
5.1 Pricing Details
All prices for the Products available on the Website are as quoted in United States Dollars (USD) and are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. Plantanium reserves the right to change the prices and availability of the Products without notice. Additionally, a flat international shipping fee of $19.99 will be applied to all orders shipped outside the United States.
5.2 Payment Terms
Payment for the Products must be made through means specified on the Website. You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You further agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your placement of an order constitutes your agreement to pay for the Products in full, once a confirmation has been issued by Plantanium.
5.3 Payment Methods
Plantanium accepts various forms of payment, including but not limited to credit cards, debit cards, and other payment methods as indicated on the Website. You agree that you will comply with all terms and conditions of the respective payment method you choose.
6.1 Order Placement
Orders can be placed through the Website by selecting the desired Product(s), adding them to your shopping cart, and proceeding to checkout. During the checkout process, you will be required to provide certain information, including but not limited to your name, shipping address, billing address, and payment details.
6.2 Order Confirmation
Upon successful completion of the order process, you will receive a confirmation email detailing your order. This email serves as an acknowledgment of your order and does not constitute acceptance of your order. Plantanium reserves the right, at its sole discretion, to accept or reject your order for any reason.
6.3 Order Cancellation Policy
The customer can cancel the order anytime before the product has shipped. If the order has been shipped, it will be considered as sold to the customer. Plantanium understands that circumstances may change, and we are committed to providing a reasonable and fair cancellation process.
Shipping and Delivery
7.1 Domestic Shipping
Plantanium offers free shipping within the United States. Once payment has been successfully made and funds have cleared in our account, we endeavor to ship your order within 3-4 business days. You will be notified via email once your order has been shipped, along with tracking details where applicable.
7.2 International Shipping
For orders outside the United States, a flat shipping fee of $19.99 will be applied. Plantanium ships products worldwide, adhering to the respective shipping and customs regulations of each country. Please note that international shipments may be subject to additional customs fees, taxes, and duties, which are the responsibility of the recipient.
7.3 Delivery Timeframes
While we strive to meet the indicated delivery timeframes, Plantanium cannot guarantee delivery within these periods, especially in cases of unforeseen circumstances, including but not limited to customs delays, logistic issues, and force majeure events.
Returns and Refunds
8.1 Return Policy
Plantanium is committed to ensuring customer satisfaction. Customers can return the product within 75 days of the purchase as long as the product is not opened. The detailed return policy, including the process and conditions for returns, will be outlined in this section.
8.2 Refund Process
In the event that a return is approved, Plantanium will process the refund within a reasonable timeframe. Refunds will be issued using the original payment method used for the purchase. This section will detail the steps and requirements for obtaining a refund.
9.1 User Conduct
As a user of the Website, you agree to use the Website and its content for lawful purposes only. You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
9.2 User Responsibility
As a user, you are responsible for the accuracy and legality of the information you provide on the Website. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form or similar query. You further agree to update such information to maintain its accuracy and completeness. Plantanium reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website if it suspects that such information is inaccurate or incomplete.
All content included on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Plantanium or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
The Plantanium name, the Plantanium logo, the Plantanium slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Plantanium or its affiliates or licensors. You must not use such marks without the prior written permission of Plantanium. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding between Plantanium and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Limitation of Liability
13.1 Disclaimer of Warranties
You expressly agree that your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Plantanium nor any person associated with Plantanium makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.
13.2 Limitation on Liability
To the maximum extent permitted by applicable law, Plantanium, its affiliates, or their licensors, service providers, employees, agents, officers, or directors shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Website. Furthermore, Plantanium assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
14.1 User Indemnification
You agree to defend, indemnify, and hold harmless Plantanium, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15.2 Entire Agreement
These Terms constitute the sole and entire agreement between you and Plantanium with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
16.1 Company Contact Details
For any queries, concerns, or notices regarding these Terms or the Website, you may contact Plantanium through the contact details provided at the end of these Terms.
16.2 Customer Support
Plantanium is committed to providing exceptional customer service. If you have any questions or issues regarding your order or the products, please contact our customer support team through the contact details provided at the end of these Terms.
17.1 User’s Risk and Judgment
You acknowledge and agree that the use of the products sold on the Website is at your own risk and discretion. You are advised to consult with a healthcare professional before using any dietary supplement, especially if you are pregnant, nursing, have existing health conditions, or are taking other medications.
17.2 Medical Advice Disclaimer
The information provided on the Website, including descriptions of products, is not intended as medical advice. Plantanium does not provide medical advice, diagnosis, or treatment. You should not rely on the information on the Website as a substitute for professional medical advice or treatment.
18.1 Third-Party Websites
The Website may contain links to third-party websites or resources. Plantanium is not responsible for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
18.2 Third-Party Products
Plantanium may offer products or services from third parties on the Website. Plantanium does not warrant the offerings of any of these entities or individuals or their websites.
19.1 Termination by Company
19.2 Termination by User
You may terminate your use of the Website at any time by ceasing all use of the Website. If you wish to terminate your account, if any, you may simply discontinue using the Website. In the event of account termination, the provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Feedback and Comments
20.1 User Feedback
Users are encouraged to provide feedback and comments regarding their experience with the products and services offered on the Website. We appreciate constructive feedback that helps us improve our offerings. Please ensure that your comments are respectful, truthful, and do not contain any content that could be considered as harassing, abusive, or discriminatory.
20.2 Review Moderation
Plantanium reserves the right, but not the obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. Users are encouraged to report any content that they believe violates these Terms.
Compliance with Laws
21.1 Compliance with US Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and your purchase of products or services through the Website. Plantanium operates and is governed by the laws of the United States, and by using the Website, you agree to comply with these laws.
21.2 International Compliance
Given that we offer international shipping, users outside of the United States must comply with all laws and regulations of the country in which they are receiving the products. Plantanium makes no representation that the Website or products are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
A “Force Majeure Event” refers to any event beyond Plantanium’s reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
22.2 Company’s Responsibilities
In the event of a Force Majeure Event, Plantanium is not liable for any delay or failure to perform its obligations under these Terms. Plantanium shall use reasonable efforts to end the failure or delay and ensure the effects of the Force Majeure Event are minimized.
23.1 Electronic Notices
You agree to receive communications from Plantanium electronically, such as emails, texts, or notices and messages on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23.2 Physical Notices
Any notices to Plantanium must be sent to our corporate address via certified mail with return receipt requested or via a nationally recognized overnight delivery service, and shall be deemed given upon receipt by Plantanium.
24.1 No Waiver
No waiver by Plantanium of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plantanium to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
24.2 Waiver in Writing
Any waiver of any provision of these Terms will be effective only if in writing and signed by Plantanium.
25.1 Effective Date of Terms
These Terms are effective as of the date mentioned on the top of this Terms.
25.2 Updates and Changes
Plantanium reserves the right to make changes to these Terms at any time. When we make changes, we will revise the “last updated” date at the top of these Terms. We encourage you to review these Terms frequently to stay informed of the latest modifications.
For any queries, concerns, or notices regarding these Terms or the Website, you may contact Plantanium at the following address:
Plantanium is committed to providing exceptional customer service. If you have any questions or issues regarding your order or the products, please do not hesitate to reach out to us through the aforementioned email address. Our team is dedicated to assisting you with any concerns or feedback you may have.
Thank you for choosing Plantanium. We value your business and look forward to serving you.