Terms of Service

Introduction and Acceptance

Welcome to BotanyFarms. These Terms of Service govern your access to and use of the BotanyFarms website located at http://gobotanyfarms.com/ and your purchase of our products, including fresh cut flowers and potted plants, gourmet fruit gummies, essential oils and aromatic blends, and fruit beverages and specialty confections.

By accessing our website, browsing our product catalog, placing an order, or making a purchase from BotanyFarms, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our website or purchase our products.

We reserve the right to modify, update, or change these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of the BotanyFarms website after any modifications constitutes your acceptance of the updated terms. We encourage you to review these Terms of Service periodically.

These terms apply to all visitors, users, customers, and others who access or use our services. BotanyFarms is operated from our location at 2209 NW 27th Ave, Miami, FL 33142.

Intellectual Property Rights

All content on the BotanyFarms website, including but not limited to text, graphics, logos, images, product descriptions, photographs, videos, icons, software, and other materials, is the exclusive property of BotanyFarms or our content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.

The BotanyFarms name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of BotanyFarms. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way without our prior written consent. The use of BotanyFarms trademarks on any other website or in any other medium is strictly prohibited.

You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit any portion of our website, use of our website, or access to our website without our express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our written consent.

If you submit reviews, comments, photographs, or other content to BotanyFarms, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content throughout the world in any media.

Disclaimers and Product Warranties

All products offered by BotanyFarms, including fresh cut flowers and potted plants, gourmet fruit gummies, essential oils and aromatic blends, and fruit beverages and specialty confections, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

To the fullest extent permissible under applicable law, BotanyFarms disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, secure, or error-free, or that defects will be corrected.

BotanyFarms makes no representations or warranties about the accuracy, completeness, or suitability of any product information, descriptions, or images on our website. While we strive to provide accurate product information, we do not warrant that product descriptions, colors, specifications, or other content is accurate, complete, reliable, current, or error-free.

Certain products may be covered by manufacturer warranties. In such cases, the manufacturer’s warranty terms will apply, and BotanyFarms makes no additional warranties beyond those provided by the manufacturer. We do not guarantee any specific results or outcomes from the use of our products. Fresh flowers and plants are living products subject to natural variation.

Limitation of Liability

To the maximum extent permitted by applicable law, BotanyFarms, its officers, directors, employees, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use our website or products.

In no event shall BotanyFarms’ total liability to you for all damages, losses, or causes of action exceed the amount you paid to BotanyFarms for the specific product or service that is the subject of the claim, or one hundred dollars ($100), whichever is less.

BotanyFarms shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, weather conditions, war, terrorism, labor disputes, supplier failures, transportation delays, or government actions.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

You acknowledge that the limitations of liability set forth in this section are fundamental elements of the agreement between you and BotanyFarms, and that we would not be able to provide products or services at our current pricing without these limitations.

Ordering Process and Payment Terms

When you place an order through the BotanyFarms website at http://gobotanyfarms.com/, you are making an offer to purchase products subject to these Terms of Service. All orders are subject to acceptance by BotanyFarms. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraud, or violations of these terms.

After placing an order, you will receive an email confirmation acknowledging receipt of your order. This confirmation does not constitute our acceptance of your order. Your order is accepted when we ship the products and send you a shipping confirmation email. If your order is canceled after payment has been processed, we will issue a full refund.

BotanyFarms accepts various payment methods, which may include major credit cards, debit cards, and other payment services as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize BotanyFarms to charge the total amount of your purchase to that payment method.

All prices are in United States dollars and are subject to change without notice. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You are responsible for all applicable taxes. We reserve the right to correct any pricing errors on our website.

Return Policy and Refunds

BotanyFarms wants you to be completely satisfied with your purchase. If you are not satisfied with any product purchased from us, you may return eligible items within thirty (30) days of the delivery date for a refund or exchange, subject to the conditions outlined in this section.

To be eligible for a return, items must be unused, in their original condition, and in their original packaging. Certain products are not eligible for return due to their nature, including but not limited to perishable goods such as fresh cut flowers, potted plants, gourmet fruit gummies, fruit beverages, and specialty confections that have been opened or used. Essential oils and aromatic blends must be unopened and sealed to be eligible for return.

To initiate a return, please contact our customer service team at hello@gobotanyfarms.com or call (786) 956-6400 within the thirty (30) day return period. Please provide your order number and reason for the return. We will provide you with return instructions and a return authorization if your return is approved.

Refunds will be processed to the original payment method within seven (7) to ten (10) business days after we receive and inspect the returned items. Shipping charges are non-refundable, and customers are responsible for return shipping costs unless the return is due to our error or a defective product. We recommend using a trackable shipping service for returns.

How You May Use Our Website

BotanyFarms grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website at http://gobotanyfarms.com/ for personal, non-commercial purposes in accordance with these Terms of Service. You agree to use our website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the website.

You agree not to engage in any of the following prohibited activities: (a) using automated systems such as robots, spiders, or scrapers to access or collect data from our website; (b) attempting to gain unauthorized access to our systems or networks; (c) interfering with or disrupting the website or servers; (d) impersonating any person or entity; (e) using the website to transmit viruses, malware, or harmful code; or (f) violating any applicable laws or regulations.

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify BotanyFarms of any unauthorized use of your account or any other breach of security. We reserve the right to terminate accounts or refuse service to anyone at our sole discretion.

BotanyFarms reserves the right to monitor use of our website and to remove or refuse any content that violates these terms or that we deem objectionable for any reason.

Products and Availability

BotanyFarms offers a variety of products including fresh cut flowers and potted plants, gourmet fruit gummies, essential oils and aromatic blends, and fruit beverages and specialty confections. We strive to ensure that all product descriptions, images, specifications, and pricing information displayed on our website are accurate and current.

However, we do not warrant that product descriptions, colors, images, or other content on our website are completely accurate, complete, reliable, or error-free. Product images are for illustrative purposes only, and actual products may vary in appearance, color, size, or design. Fresh flowers and plants are natural products and may vary in appearance from photographs due to seasonal availability and natural variation.

All product availability is subject to change without notice. We make reasonable efforts to accurately display inventory availability, but we cannot guarantee that products will be in stock when you place your order. If a product becomes unavailable after you place an order, we will notify you and offer a suitable substitution, a refund, or the option to wait for restocking.

BotanyFarms reserves the right to limit the quantity of products that may be purchased per person, household, or order. We also reserve the right to refuse or cancel any order, including orders that appear to be placed by dealers, resellers, or distributors, or orders that we believe in good faith to be fraudulent or in violation of these terms.

Shipping and Delivery Terms

BotanyFarms ships products from our facility located at 2209 NW 27th Ave, Miami, FL 33142. We offer various shipping methods and delivery timeframes, which will be displayed at checkout. Shipping costs are calculated based on the shipping method selected, destination, and order size.

Delivery timeframes are estimates only and are not guaranteed. BotanyFarms is not responsible for delays caused by shipping carriers, weather conditions, natural disasters, or other circumstances beyond our reasonable control. We will make reasonable efforts to ensure your order is shipped promptly, but we do not guarantee delivery by any specific date.

You are responsible for providing accurate and complete shipping information. BotanyFarms is not responsible for orders shipped to incorrect addresses provided by you. If a package is returned to us due to an incorrect address, refusal of delivery, or failure to claim the package, you may be responsible for additional shipping charges for reshipment.

Risk of loss and title for products purchased from BotanyFarms pass to you upon delivery to the shipping carrier. We recommend that you inspect all packages upon delivery and report any damage or missing items to the carrier immediately. Please contact us at hello@gobotanyfarms.com or (786) 956-6400 if you experience any shipping issues.

At this time, BotanyFarms ships primarily within the United States. International shipping may be available for select products and destinations. Additional customs fees, duties, or taxes may apply to international orders and are the responsibility of the customer.

Customer Indemnification

You agree to defend, indemnify, and hold harmless BotanyFarms, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the BotanyFarms website; (b) your violation of any term of these Terms of Service; (c) your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other property or privacy right; or (d) any claim that your use of our website or products caused damage to a third party.

This indemnification obligation will survive the termination of these Terms of Service and your use of the BotanyFarms website. BotanyFarms reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with BotanyFarms in asserting any available defenses.

You acknowledge that your breach of these Terms of Service may cause irreparable harm to BotanyFarms for which monetary damages would be an inadequate remedy. Accordingly, BotanyFarms shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity.

Dispute Resolution and Governing Law

These Terms of Service and your use of the BotanyFarms website and purchase of products shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of our website shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida.

You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

Before pursuing any legal action, you agree to first contact BotanyFarms at hello@gobotanyfarms.com or (786) 956-6400 to attempt to resolve the dispute informally. We will work with you in good faith to reach a mutually acceptable resolution.

If you are a consumer, nothing in these Terms of Service shall affect your statutory rights or exclude or limit any liability that cannot be excluded or limited under applicable law. To the extent that any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

Contact Information

If you have any questions, concerns, or comments about these Terms of Service or any aspect of your experience with BotanyFarms, we encourage you to contact us. Our customer service team is available to assist you and address any issues you may have.

You may contact BotanyFarms using any of the following methods:

Email: hello@gobotanyfarms.com Phone: (786) 956-6400 Mailing Address: BotanyFarms, 2209 NW 27th Ave, Miami, FL 33142

When contacting us, please provide your name, order number (if applicable), and a detailed description of your inquiry or concern. We strive to respond to all inquiries within one (1) to two (2) business days.

For questions specifically related to orders, shipping, returns, or product information, our customer service team is ready to help. For legal inquiries or questions about these Terms of Service, please clearly indicate the nature of your inquiry in your communication.

Thank you for choosing BotanyFarms. We appreciate your business and look forward to serving you with high-quality fresh cut flowers and potted plants, gourmet fruit gummies, essential oils and aromatic blends, and fruit beverages and specialty confections.