Terms & Condition

AGREED TERMS

Important Notice about COVID-19 

Due to the growing cases of COVID-19 the safety of our staff and customers is our top priority. As a result of the recent increases in COVID-19 cases in the United States, we are unable to accept any returns on any of the shipments until further notice. We here at Authentic Kratom have decided to come to this decision to protect our company, employees, and most importantly our customers. We apologize for any inconvenience this may have caused. 

  1. About us

1.1          Company details. Authentic Kratom (we and us), is a company registered in California and our registered office is at 6433 Topanga Canyon Blvd # 567, Canoga Park, CA 91304

1.2          https://www.authentickratom.com/ (Site) is a site operated by us.

1.3          Contacting us. To contact us telephone our customer service team at 888-270-1285 or email [email protected] How to give us formal notice of any matter under the Contract is set out in clause 13.2.

  1. By using our Site you accept these terms

2.1          By using our Site, you confirm that you accept these terms and that you agree to comply with them.

2.2          If you do not agree to these terms, you must not use our site.

2.3          We recommend that you print a copy of these terms for future reference.

  1. There are other terms that may apply to you

3.1          These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Privacy Policy; and
  • Our Cookie Policy
  1. Our contract with you

3.2          Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

3.3          Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3.4          Language. These Terms and the Contract are made only in the English language.

3.5          Your copy. You should print a copy of these Terms or save them to your computer for future reference.

  1. Placing an order and its acceptance

4.1          Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

4.2          Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

4.3          Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

4.4          Accepting your order. Our acceptance of your order takes place when we send an email confirming your order, at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the confirmation email.

4.5          If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

  1. Our goods

5.1          The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2          The packaging of your Goods may vary from that shown on images on our site.

5.3          We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

  1. Delivery, transfer of risk and title

6.1          You own the Goods once we have received payment in full, including of all applicable delivery charges and the Goods will be at your risk from that time.

6.2          Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order.  

6.3          We ship to all US states except Alabama, Arkansas, Indiana, Rhode Island, Vermont, Wisconsin, San Diego, CA, Jerseyville, IL, Sarasota County, FL

6.4          We deliver to most countries except Australia, Burma, Denmark, Finland, Lithuania, Malaysia, Myramar, Poland, Romania, South Africa, Sweden, Thailand, Vietnam.

6.5          If you order Goods from our site for international delivery your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 

6.6          You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

6.7          You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

6.8          Shipping timeframes

Domestic Shipping

Days

 

International Shipping

Days

Priority Mail Express

1-2 Days

 

Priority Mail Express Int.

6-10 Days

Priority Mail

1-3 Days

 

Priority Mail Int.

10-15 Days

First Class Mail

3-5 Days

 

First Class International

7-30 Days

6.9          UPS Next Day Delivery

If you would like to get your order the next day, please place your order before 1:00 PM Pacific Standard Time between Monday - Thursday. UPS does NOT deliver on Saturdays in some locations. If your location is qualified for next day delivery, please give us a call, and if time permits, we will accommodate your request with an additional fee (varies). 

Chapter 1 UPS 2nd Day Air

Chapter 2 We recently started to offer UPS 2nd Day Air FREE of charge with any order that meets our minimum purchase of $200 or more. You can select UPS 2nd Day Air at checkout. 

Chapter 3 FREE USPS Priority Mail 

USPS Priority Mail Shipping is FREE with any order of $40 or more. Delivery time varies anywhere from 1 - 3 days depending on your location. 

Chapter 4 FREE USPS First Class Mail

FREE with every order, there's no minimum. Great for people just wanting to try our products. 

  1. Price of goods and delivery charges

7.1          The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.4 for what happens if we discover an error in the price of Goods you ordered.

7.2          Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3          The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please email us.

7.4          We sell a number of Goods through our Site. It is always possible that, despite our best efforts, some of the Goods on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)       where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and

(b)       if the Goods' correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

  1. How to pay

8.1          Payment will be taken once you place your order in accordance with clause 4. You will have the option to pay by debit card or credit card.

  1. Our liability: your attention is particularly drawn to this clause

9.1          We only supply the Goods for your personal use, and you agree not to use the Goods for any resale purposes.

9.2          Nothing in these Terms limits or excludes our liability for:

(a)       death or personal injury caused by our negligence;

(b)       fraud or fraudulent misrepresentation; or

(c)       any other liability that cannot be limited or excluded by law.

9.3          Subject to clause 9.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)       any loss of profits, sales, business, or revenue;

(b)       loss or corruption of data, information or software; 

(c)       loss of business opportunity; 

(d)       loss of anticipated savings; 

(e)       loss of goodwill; or

(f)        any indirect or consequential loss.

9.4          Subject to clause 9.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.

9.5          Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

  1. Events outside our control

10.1       We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

10.2       If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)       we will contact you as soon as reasonably possible to notify you; and

(b)       our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

10.3       You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

  1. Communications between us

11.1       When we refer to "in writing" in these Terms, this includes email.

11.2       Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

  1. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

  1. We may make changes to our site

We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.

  1. We may suspend or withdraw our site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. We are not responsible for errors or viruses

We do not guarantee that our Site will be secure or free from errors, bugs or viruses and we exclude all liability in relation to these matters.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

  1. General

17.1       Assignment and transfer.

(a)       We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.

(b)       You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2       Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3       Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

17.4       Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5       Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

17.6       Governing law and jurisdiction. This Contract is governed by California laws and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the California courts.