Terms and Conditions

WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.BOTANICADELALUZIRVING.COM BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

1.1You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:

• where goods are not available;
• where we cannot obtain authorization for your payment;
• if there has been a pricing or product description error; or
• if you do not meet any eligibility criteria set out in our terms and conditions.

3.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

• no documents or related graphics on this Website are modified in any way;
• no graphics on this Website are used separately from accompanying text;

and

• any of our copyright and trade mark notices and this permission notice appear in all copies.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

3.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

3.4 Any rights not expressly granted in these terms are reserved.

4.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5.1 Other than personally identifiable information, which is covered under the Privacy Notice any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from this Website any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• for which you have not obtained all necessary licences and/or approvals; 
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the US or any other country in the world;

or

• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 You may not misuse the Website (including, without limitation, by hacking).

5.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.

6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of  Botanica de la Luz logo; 
• you do not create a frame or any other browser or border environment around this Website;
• you do not in any way imply that we are endorsing any products or services other than our own;
• you do not misrepresent your relationship with us nor present any other false information about us; you will not defame Botanica de la Luz or our officers, directors, employees and agents,
• you do not otherwise use any Botanica de la Luz trade marks displayed on this Website without our express written permission;
• you do not link from a website that is not owned by you;

and

• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  We expressly reserve the right to revoke the right granted in this clause 7.2 for breach of these terms and to take any action we deem appropriate.

6.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 7.2.

7.1 To register with Botanica de la Luz you must be over eighteen years of age.

7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

7.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

7.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

8.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

8.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. 

8.3Legally, Botanica de la Luz cannot guarantee the effectiveness of products sold on this web site nor can it guarantee results or take any responsibility for the outcome of using magical products. All items are sold as curios and for entertainment purposes only.

9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

9.2 Nothing in these terms and conditions shall exclude or limit our liability for 

• death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
• fraud;
• misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you are responsible and assume all costs thereof.

9.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including  any and all reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

10.1 These terms and conditions shall be governed by and construed in accordance with United States law federally, and state law as represented in the state of Texas. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the US federal and/or Texas state courts as necessary.

10.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.

11.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

11.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

12.1 All of the items sold here are either factory made or handmade, and therefore, sometimes you may purchase an item that appears differently than that the last time you purchased it. This is simply because they either might not be factory-made or it comes from a different supplier and are subject to the interpretation of the practitioner who prepares your items and supplies. Although, they will always be blessed with the same intentions and purposes. PHOTOS OF EACH ITEM MAY CHANGE DEPENDING ON THE SUPPLIER. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. BE COURTIOUS, EDUCATED AND PATIENT IN ORDER TO RECEIVE THE SAME ATTENTION. 

(ALL PRODUCTS SOLD AS CURIOS ONLY. / TODOS LOS PRODUCTOS SE VENDEN SOLO COMO CURIOSIDADES. FOR ENTERTAINMENT PURPOSES ONLY. / SOLO CON FINES DE ENTRETENIMIENTO.)