Terms and Conditions

Welcome to The Spice Apothecary (“Website”). By using the Website, you agree to be bound by
these “Conditions of Use”, Legal Notices, Privacy Policy and all disclaimers, terms and conditions
that appear elsewhere on The Spice Apothecary Website.


The Spice Apothecary reserves the right to make changes to the The Spice Apothecary Website and
its Conditions of Use and Legal Notices at any time in any manner permitted by applicable law,
including without limitation by posting revised terms on the Website, which amended terms and
conditions shall be binding upon you. Each time you use the The Spice Apothecary website, you
should visit and review the then current Conditions of Use and Privacy Policy that apply to your
transactions and use of this site. If you are dissatisfied with the The Spice Apothecary website, its
content or Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using
the The Spice Apothecary website. Please see the Privacy Policy for a description of certain rights
you have in connection with The Spice Apothecary’s retention, provision, sale and use of your
personal information.


PRIVACY
Please review our Privacy Policy, which also governs visit to the Site, to understand our practices.


DISCLAIMERS AND LIMITATION OF LIABILITY
By using the The Spice Apothecary website, you expressly agree that use of the The Spice
Apothecary website is at your sole risk. The Spice Apothecary website is provided on an "AS IS" and
"as available" basis. Neither The Spice Apothecary nor its affiliates, subsidiaries or designees nor
each of their respective officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively,
"Associates") warrant that use of the The Spice Apothecary website will be uninterrupted or
error-free. Neither The Spice Apothecary nor its Associates warrant the accuracy, integrity or
completeness of the content provided on the The Spice Apothecary website or the products or
services offered for sale on the The Spice Apothecary website. Further, The Spice Apothecary
makes no representation that content provided on the The Spice Apothecary website is applicable
to, or appropriate for use in, locations outside of the United States. The Spice Apothecary and its
Associates specifically disclaim all warranties, whether expressed or implied, including but not
limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or
written information given by The Spice Apothecary or its Associates shall create a warranty. Some
states do not allow the exclusion or limitation of certain warranties, so the above limitation or
exclusion may not apply to you.


Under no circumstances shall The Spice Apothecary or its Associates be liable for any direct,
indirect, incidental, special or consequential damages that result from your use of or inability to use
the The Spice Apothecary website, including but not limited to reliance by you on any information
obtained from the The Spice Apothecary website that results in mistakes, omissions, interruptions,
deletion or corruption of files, viruses, delays in operation or transmission, or any failure of
performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort
or any other claim, even if an authorized representative of The Spice Apothecary has been advised
of or should have knowledge of the possibility of such damages. User hereby acknowledges that this
paragraph shall apply to all content, merchandise and services available through the The Spice
Apothecary website. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.


INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the Website, blog and social media platforms belong exclusively
to The Spice Apothecary or its affiliates. The use of any The Spice Apothecary trademarks or service
marks without our express written consent is strictly prohibited. You may not use our trademarks or
service marks in connection with any product or service that is in any way likely to cause confusion
or to disparage or discredit The Spice Apothecary. In addition, you may not use any of our
trademarks or service marks in meta tags without our explicit prior consent. Any unauthorized use of
any material contained on the Services may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.


CONTENT YOU PROVIDE (USER-GENERATED CONTENT)
The Spice Apothecary welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas,
proposals, pictures, photographs, information, text, graphics, images, logos, illustrations,
descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs,
literature, advertisements, titles, names and any other materials, but which shall expressly exclude
any personally identifiable information (which use shall be governed by our Privacy Policy)
(collectively, the “User-Generated Content”) from you on the Services, including but not limited to on
its blog, product detail webpages and elsewhere. You agree that any User Generated Content that
you post, upload, input, submit, send, contribute or otherwise transmit (collectively, “Submit” or
“Submission”, as appropriate) to the Services (whether directly or through a third party) shall be true,
accurate and complete and you shall not impersonate or falsely represent your affiliation with any
person or entity. You are entirely responsible for all User Generated Content that you Submit or
otherwise make available via the Services.

 

By Submitting User Generated Content to the Website, you grant, and you represent and warrant
that you have the right to grant, to The Spice Apothecary, its affiliates, agents and licensees, an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or
incorporate into other works, the User Generated Content, for any purpose without restriction and
without providing any attribution or compensation to you. Such User Generated Content will not be
treated as confidential information. In addition, by posting or allowing The Spice Apothecary or a
third party to post User Generated Content to any public area of the Services, you grant The Spice
Apothecary all rights necessary to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the User Generated Content by any party for any
purpose.

 

You agree that you shall not use the Services to Submit any User Generated Content that (i) is not
related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic,
indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise
objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is
infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third
party, (vi) contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, Trojan
horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state,
national or international law, or any rules or regulations having the force of law.

 

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE SPICE APOTHECARY AND ITS FRANCHISEES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE SPICE APOTHECARY AND EACH THE SPICE APOTHECARY FRANCHISEE WHO ACCEPTS SUCH INFORMATION, FOR THE GREATEST EXTENT PERMISSIBLE BY LAW FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, IN ADDITION TO THE ACTUAL
DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING TO OBTAINING SUCH REMEDIES.


The Spice Apothecary reserves the right to revoke your access to any Services at any time. All
information about The Spice Apothecary is confidential and for your personal use only. If it is
determined or suspected by us, in its sole discretion, that you are misusing or attempting to misuse
or circumvent the Services or system, or are using or attempting to use them for any inappropriate or
non-personal purposes, including but not limited to activities such as hacking, scraping content,
infiltrating, fraud, advertising, jamming or spamming, The Spice Apothecary reserves the right, in its
sole discretion, to immediately terminate your access to the Services without notice and to initiate
without notice appropriate legal actions or proceedings to seek appropriate remedies and/or
damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to
seek injunctions or other equitable remedies.  


In the event that you do not wish for The Spice Apothecary to use your User Generated Content,
please do not Submit such User Generated Content. Please note that any User Generated Content
does not represent the advice, views, opinions or beliefs of The Spice Apothecary, and The Spice
Apothecary makes no claim of accuracy of any such User Generated Content. You understand and
agree that you are solely responsible for any User Generated Content that you Submit and you may
be held legally liable for such User Generated Content. The Spice Apothecary reserves the right to
remove any User Generated Content from the Services at any time and for any reason.


RATINGS AND REVIEWS ARE NOT ENDORSED BY THE SPICE APOTHECARY
All ratings and reviews displayed to you reflect the opinions of other consumers, and do not reflect or
represent the opinions or representations of The Spice Apothecary. The Spice Apothecary disclaims
any and all representations or warranties with regard to the ratings and reviews. The Spice
Apothecary does not assume responsibility or liability for any rating or review or for any claims,
damages, or losses resulting from any use of the Website, Services or the materials contained
therein.

 

USER IDS AND PASSWORDS
You will be solely responsible for the maintenance and security of any login identifiers and
passwords. If you have a login identifier and password that are unique to you, you agree not to
disclose or share your login identifier and password with any third party. The Spice Apothecary
reserves the right to deny or revoke access to the Services, including the Website, or any part
thereof, at any time in its sole discretion, with or without cause. Your access to the Services will
terminate upon the termination of these Conditions of Use by The Spice Apothecary for any reason.


PRODUCT DISPLAY/COLORS
The Spice Apothecary website attempts to display product images shown on the site as accurately
as possible. However, we cannot guarantee that the color you see matches the product color, as the
display of the color depends, in part, upon the monitor you are using.


ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be
corrected where discovered, and The Spice Apothecary reserves the right to revoke any stated offer
and to correct any errors, inaccuracies or omissions including after an order has been submitted and
whether or not the order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, The Spice Apothecary will issue
a credit to your credit card account in the amount of the charge. Individual bank policies will dictate
when this amount is credited to your account. If you are not fully satisfied with your purchase, you
may return it in accordance with The Spice Apothecary's Shipping and Return Policy.


PRICING POLICY
Promotional pricing is valid during the time of sale. Pricing adjustments will not be made on
promotional items. Prices and offers are subject to change.


SALES TAX POLICY
The Spice Apothecary collects and remits sales tax as required by U.S. law for transactions.


PAYING FOR YOUR ORDER
Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.
Generally, credit or debit cards are charged at the time the order is placed. Credits for returns or for
products not received may be requested at thespiceapothecary@gmail.com.


USING PROMOTIONAL CODES
From time-to-time, The Spice Apothecary offers its customers a promotional code. Promotional
codes may be entered into the system at the time of purchase. The amount of the discount on the
promotional code will be indicated on the invoice which is presented during check out.


VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for
validity, by verifying your method of payment or shipping address. We reserve the right to reject any
order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject
your order, we will attempt to notify you using the e-mail address you have given us with the order
and will issue you a credit against your credit or debit card.


ORDER ACCEPTANCE/CONFIRMATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to sell. The The Spice Apothecary website
reserves the right at any time after receipt of your order to accept or decline your order for any
reason.


RETURN POLICY
All sales made through the The Spice Apothecary website are subject to The Spice Apothecary's
Return Policy. For a complete explanation of the return policy, please click on the Return Policy link
on the home page.


ORDER LIMITATIONS/LIMITED QUANTITIES
The Spice Apothecary may, at its own discretion, limit or cancel quantities purchased per person, per
household or per order. The Spice Apothecary also reserves the right to reject any order you place
with us. These restrictions may include orders placed by the same The Spice Apothecary website
account, the same credit card, and orders that use the same billing and/or shipping address. In the
event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or
billing address provided at the time the order was made. The Spice Apothecary reserves the right to
limit or prohibit sales to dealers.


CHOICE OF LAW
These Conditions of Use and your use of them are governed by the laws of the State of New York
without regard to its conflict of law provisions.


TERMINATION OF USE
The Spice Apothecary may, in its sole discretion, terminate your account or your use of the The
Spice Apothecary website at any time. You are personally liable for any orders that you place or
charges that you incur prior to termination. Except as set forth in the Privacy Policy, The Spice
Apothecary reserves the right to change, suspend or discontinue all or any aspects of the The Spice
Apothecary Website at any time without prior notice.


We thank you for shopping at The Spice Apothecary for our herb & spice blends, teas, smoothie
blends etc.