Terms and Conditions

Last updated: January 25, 2022

Welcome to BigHug Botanicals!

Please read these terms and conditions carefully before shopping with BigHug Botanicals.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access BigHug Botanicals or parts of BigHug Botanicals.

Country refers to: Oregon, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Trans- Pacific World Botanics Group, LLC dba Bighug Botanicals.

Device means any device that can access BigHug Botanicals such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of BigHug Botanicals.

Goods refer to the items offered for sale on BigHug Botanicals.

Orders mean a request by You to purchase Goods from Us.

BigHug Botanicals refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and BigHug Botanicals regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by BigHug Botanicals.

Website refers to BigHug Botanicals, accessible from www.bighugbotanicals.com

You means the individual accessing or using BigHug Botanicals, or the company, or other legal entity on behalf of which such individual is accessing or using BigHug Botanicals, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of BigHug Botanicals and the agreement that operates between You and the BigHug Botanicals. These Terms and Conditions set out the rights and obligations of all users regarding the use of BigHug Botanicals.

Your access to and use of BigHug Botanicals is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use BigHug Botanicals.

By accessing or using the BigHug Botanicals You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access BigHug Botanicals.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the BigHug Botanicals.

Your access to and use of BigHug Botanicals is also conditioned on Your acceptance of and compliance with the Privacy Policy of BigHug Botanicals. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using BigHug Botanicals.

The Sale of Mitragyna Speciosa and other Botanical Specimens

Any claims, reviews, & testimonials made about Goods available on or through this site have not been evaluated by BigHug Botanicals or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The information provided on this site & any information contained on or in any product label or packaging is for informational purposes only & is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of the Goods for sale on BigHug Botanicals, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems.

Individual results may vary.

BigHug Botanicals urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks, and to share with your provider any information pertaining to your health & well-being, including the use of supplemental nutrition. You should not stop taking any medications without first consulting your physician.

Placing Orders for Goods

By placing an Order for Goods through BigHug Botanicals, You warrant that You are over the age of 18 and legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on BigHug Botanicals, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 2 business days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on BigHug Botanicals. The Goods available on BigHug Botanicals may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on BigHug Botanicals and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

BigHug Botanicals reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by BigHug Botanicals subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of BigHug Botanicals. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, including Visa, MasterCard, eCheck, Bitcoin, Zelle, Venmo, and USPS Money Orders.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

User Accounts

When You create an account with BigHug Botanicals, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on BigHug Botanicals.

You are responsible for safeguarding the password that You use to access BigHug Botanicals and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

BigHug Botanicals and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of BigHug Botanicals and its licensors.

BigHug Botanicals is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BigHug Botanicals.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide BigHug Botanicals. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

BigHug Botanicals may contain links to third-party web sites or services that are not owned or controlled by BigHug Botanicals.

BigHug Botanicals has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BigHug Botanicals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use BigHug Botanicals will cease immediately. If You wish to terminate Your Account, You may simply discontinue using BigHug Botanicals.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of BigHug Botanicals and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through BigHug Botanicals or USD100 if You haven’t purchased anything through BigHug Botanicals.

To the maximum extent permitted by applicable law, in no event shall BigHug Botanicals or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use BigHug Botanicals, third-party software and/or third-party hardware used with BigHug Botanicals, or otherwise in connection with any provision of this Terms), even if BigHug Botanicals or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

BigHug Botanical’s products are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BigHug Botanicals, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to BigHug Botanicals, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, BigHug Botanicals provides no warranty or undertaking, and makes no representation of any kind that Goods available on BigHug Botanicals will meet Your requirements or achieve any intended results.

Without limiting the foregoing, neither BigHug Botanicals nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of BigHug Botanicals, or materials or products included thereon; (ii) that BigHug Botanicals will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through BigHug Botanicals; or (iv) that BigHug Botanicals, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of BigHug Botanicals. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about BigHug Botanicals, You agree to first try to resolve the dispute informally by contacting BigHug Botanicals.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on BigHug Botanicals. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use BigHug Botanicals after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using BigHug Botanicals.

If you have any questions about these Terms and Conditions, You can contact us:

By email: adminATbighugbotanicals.com

By visiting this page on our website: https://bighugbotanicals.com/contact-us/