Terms of service

OVERVIEW

The terms “we”, “us” and “our” refer to Sacra Botanicals®. Sacra Botanicals® operates this store and website, including all information, content, features, tools, products, and related services in order to provide you, the customer, with a tailored shopping experience (the “Services”). Sacra Botanicals® is supported by Shopify, enabling us to provide the Services to you.

The terms and conditions below, together with any policies referenced in this document (which constitute these “General Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms and Conditions carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to comply with these General Terms of Use and our Privacy Policy. If you do not agree with these General Terms of Use or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these General Terms of Use, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will be identical to those displayed or presented in our online stores.

All product descriptions may be changed at any time, without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, in any geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. Sacra Botanicals® reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Sacra Botanicals® confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Sacra Botanicals® may not be able to process cancellation requests submitted after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases may be returned or exchanged exclusively in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless explicitly stated otherwise, displayed prices do not include taxes, shipping and handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in other online stores or stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by separate terms and conditions from these Terms. In the event of any discrepancy between the provisions of a promotion and these Terms, the provisions of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay the charges incurred by you at the prices displayed, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – DELIVERY AND SHIPPING

We are not responsible for delivery and shipping delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand over the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, videos, and audio materials, as well as their design, selection, and arrangement, are owned by Sacra Botanicals®, its affiliates, or its licensors and are protected by European Union and foreign laws regarding patents, copyrights, and other intellectual property rights.

These Terms allow you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the materials within the Services without our prior written consent. Except as explicitly provided herein, nothing in these Terms grants or shall be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Sacra Botanicals® or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Sacra Botanicals®.

The name, logos, product and service names, designs, and slogans of Sacra Botanicals® are trademarks of OneTech Corporate Victoriei SRL or its affiliates or licensors. You must not use such trademarks without the prior written permission of OneTech Corporate Victoriei SRL. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these General Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites made available or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any materials or third-party websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damage related to your access to any third-party websites or the purchase or use of any products, services, resources, or content from any third-party websites. Please carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Sacra Botanicals® is powered by Shopify, enabling us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sacra Botanicals®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Sacra Botanicals®, including any personal injury, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sacra Botanicals®.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted and disclosed to Shopify, as well as to third parties that may be located in countries other than the one in which you reside, in order to provide the Services to you. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to perform our obligations and exercise our rights under these General Terms of Use.

You further represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual property or these General Terms of Use.

You acknowledge that your Feedback will not violate any rights of any third party, including copyright, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor will it contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letters”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Sacra Botanicals®, Shopify, or users of the Services, or expose them to liability.

You also agree: (a) not 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 Services; (b) not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) not to collect or track the personal information of others; (d) not to use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) not to interfere with or circumvent the security features of the Services or any related site, other sites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. If you rely on such information, you do so solely at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on the materials by you or any other visitor to the Services or anyone else who may be informed of their contents.
EXCEPT AS EXPLICITLY STATED BY Sacra Botanicals®, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Sacra Botanicals®, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sacra Botanicals®, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these General Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any eligible indemnification claim, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in defending indemnified claims, including by providing relevant documentation.

SECTION 18 – SEVERABILITY

If any provision of these General Terms of Use is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these General Terms of Use. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms of Use shall not constitute a waiver of such right or provision.

These General Terms of Use and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms of Use).

Any ambiguities in the interpretation of these General Terms of Use shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These General Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the territory in which Sacra Botanicals® has its headquarters. You and Sacra Botanicals® consent to such courts and to the subject-matter and territorial jurisdiction of such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE GENERAL TERMS OF USE

You can review the most current version of the General Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these General Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these General Terms of Use constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the General Terms of Use should be sent to us at info@sacrabotanicals.eu.

Our contact information is displayed below:
OneTech Corporate Victoriei SRL
info@sacrabotanicals.eu
Strada Avionului nr. 26, Bucharest, Romania
CUI: RO42177734 | Trade Register: J2020001098400