By ordering any products from Seller you are agreeing
unconditionally to all of the following Terms and Conditions. These terms may
be changed at any time by Seller without notice.
"Seller" means Kratom, Inc., the website Kratominc.com /
Kratomkin.com and all persons associated with it.
"Buyer" means the individual, firm, company or other legal
entity purchasing the Goods from the Seller.
"Contract" means an agreement made between the Seller and
Buyer for the sale of Goods.
"Goods" means the goods, material or extract which are the
subject of the Contract.
1. Use. Goods purchased from the Seller are exclusively for scientific
research and identification purposes. The Goods are not intended for human
consumption under any circumstances. Any human consumption of the goods is
deemed improper use.
2. Age. Goods may not be purchased by anyone under
the age of 18. All orders may require an adult signature at time of delivery or
other verification of age by Buyer.
3. Shipping. Seller will make every reasonable effort to ensure the Goods
are shipped to the Buyer in a timely fashion. In the event there is a delay, the Buyer
acknowledges the Seller is not liable for such delay.
4. Regulation and Risk of Loss. Buyer is wholly responsible for obeying
local laws and regulations with respect to the Goods purchased from the Seller.
The offer of the Goods by the Seller is void where prohibited. Any
complications with Goods in transit which are due to a failure to observe
applicable laws and regulations are entirely the responsibility of the Buyer.
Any risk of loss of the Goods expressly passes to the Buyer upon purchase.
5. Personal Information. Buyer certifies that their billing and shipping
information are their own and not those of a third party, related or unrelated.
Seller reserves the right to refuse sale to any Buyer for any reason.
6. Returns. Returns are prohibited.
7. Severability. Should any provisions of these Terms and Conditions be
declared legally invalid, illegal, or otherwise unenforceable, the validity of
the remaining provisions of these Terms and Conditions shall not be affected
thereby.
8. Choice of Law and Venue. These Terms and Conditions, as well as any
sale of Goods to Buyer, are deemed to have been agreed to in and occurred in
the State of Colorado and any disputes or interpretation, construction, and the
remedies for enforcement or breach are to be applied pursuant to and in
accordance with the laws the State of Colorado. Buyer and Seller expressly
agree that all actions or proceedings arising in connection with the sale of
any Goods or these Terms and Condition shall be tried and litigated exclusively
in the State or Federal Courts located in the State of Colorado. The parties
waive the right to contest exclusive venue by any motion to transfer, motion
for forum non-conveniens or related motions.
9. Disclaimer of Liability. The purpose of this Terms and Conditions
agreement is to alleviate the Seller from any and all liability arising out of
any injury or other damage caused by the purchase, use or mis-use of the Goods.
By purchasing the Goods, you are here making the following affirmative
representation(s):
a. I am over 18 and an adult under the laws of my State and Country.
b. I am in good health and capable of making my own decisions.
c. LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all
Goods & information received through Seller are provided 'AS IS' and
without warranty, express or implied. All implied warranties of
merchantability, fitness for a particular purpose are hereby disclaimed.
d. In no event will Seller be liable to me or anyone else for any damages or
injury caused by misuse or improper use of the Goods, or action taken by me in
reliance on information or views either verbal or in literature purchased or
obtained through Seller or for any incidental, consequential, special, or
similar damages.
e. I agree to indemnify and hold harmless Seller and all other parties involved
including but not limited their owners, officers, affiliates, associates and
employees for any and all damages incurred as result of any mis-use of the
Goods. These parties shall not be liable under any theory whatsoever.
f. In no event shall Seller be liable under any damages other than the amount
paid by me for product. Any and all other damages, direct or indirect, special,
incidental, consequential or punitive, are hereby excluded.
g. I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS
ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS
PRINTED ON THE LABEL (IF ANY). I hereby agree to carefully abide by these
cautions & warnings. I also will abide by all warnings stated on the
website, regarding product use.