Terms of Use | Privacy Policy

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Copyright

  • All content appearing on this Web site is the property of:

    Gourmet Sweet Botanicals

    Copyright © 2016-2023 Gourmet Sweet Botanicals. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016-2023 Gourmet Sweet Botanicals. All rights reserved.



  • Use Of Site
  •  

    Terms of Use

     

    WELCOME
    Gourmet Sweet Botanicals welcomes visitors to the Gourmet Sweet Botanicals website located at www.gourmetsweetbotanicals.com (“Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. You represent and warrant that you are at least 18 years of age. If you do not agree with these Terms of Use or you are not at least 18 years of age, your sole recourse is to leave the Website immediately.

     

    OWNERSHIP / RESTRICTIONS ON USE
    The Website is owned and operated by Gourmet Sweet Botanicals. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Gourmet Sweet Botanicals, its affiliates and/or third-party licensors. The Content is protected by United States and international copyright and trademark laws.
    Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Gourmet Sweet Botanicals. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Gourmet Sweet Botanicals. To obtain written consent for such reproduction, please contact us here. You may provide feedback, suggestions, comments, improvements, and ideas (collectively, “Feedback”) to Gourmet Sweet Botanicals but you are not required to do so. You agree that Gourmet Sweet Botanicals may use and exploit all Feedback for any purpose without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account to you.

     

    You will not, and will not allow any other party to:

     

           a.        engage in fraudulent or illegal conduct of any kind that is related in any way to the Website;

           b.        restrict, inhibit, or engage in any activity that prevents any other party from using the Website;

           c.        circumvent or modify any security mechanism used by Gourmet Sweet Botanicals; or

           d.        transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature.

    LINKING
    It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with Gourmet Sweet Botanicals. Please understand that such linked websites are independent from Gourmet Sweet Botanicals and that Gourmet Sweet Botanicals has no control over the content of such websites. Consequently, Gourmet Sweet Botanicals cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
    The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.


    DISCLAIMER / LIMITATION OF LIABILITY
    THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.


    ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOURMET SWEET BOTANICALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND NON-INFRINGEMENT. GOURMET SWEET BOTANICALS DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

     

    IN NO EVENT SHALL GOURMET SWEET BOTANICALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT SAMPLE OBTAINED THROUGH THE WEBSITE, EVEN IF GOURMET SWEET BOTANICALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

    GOURMET SWEET BOTANICALS PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

     

    ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT. GOURMET SWEET BOTANICALS MAKES NO WARRANTIES REGARDING ANY PRODUCT SAMPLES. YOU EXPRESSLY RELEASE AND HOLD GOURMET SWEET BOTANICALS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCT SAMPLES OBTAINED VIA THE WEBSITE.


    INDEMNITY
    You agree to indemnify and hold harmless Gourmet Sweet Botanicals, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

     

    In particular, you agree to indemnify and hold harmless Gourmet Sweet Botanicals, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by Gourmet Sweet Botanicals.

     

    PRIVACY
    You agree that these Terms of Use incorporate and include Gourmet Sweet Botanicals’ Privacy Policy and that Gourmet Sweet Botanicals may use any information Gourmet Sweet Botanicals obtains about you in accordance with the provisions of the Privacy Policy. Gourmet Sweet Botanicals respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.


    CONTESTS
    From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.


    CHANGES AND TERMINATION
    Gourmet Sweet Botanicals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Gourmet Sweet Botanicals reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update of These Terms of Use” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Gourmet Sweet Botanicals to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

     

    TRADEMARKS
    “Gourmet Sweet Botanicals” and “www.gourmetsweetbotanicals.com” are trademarks of Gourmet Sweet Botanicals. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Gourmet Sweet Botanicals. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

     

    APPLICABLE LAWS
    Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the United States of America applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of California. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.


    These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Gourmet Sweet Botanicals with respect to the use of the Website, including the Content.

     

    NOTICE
    Notices to changes of Term of Use will not be made, it is up to the user to click on the Terms of Use and review any changes.
    If you have any questions or comments regarding these Terms of Use please contact us here.

     

    Last Update of These Terms of Use: as of October 6, 2022

    4857-9276-1143v.1

     



  • Privacy Policy

  • GOURMET SWEET BOTANICALS

    PRIVACY POLICY

     

    Last Updated: October 27, 2022

    Gourmet Sweet Botanicals, LLC (“Gourmet Sweet Botanicals,” or “Company,” or “we,” or “us,” or “our”) cares about your privacy and recognizes the importance of protecting your personal information. This Privacy Policy (“Privacy Policy” and “Policy”) describes the Company’s practices regarding the collection, use, and disclosure of Personal Information when you visit our website (the “Site”). By accessing the Site and using our services, you acknowledge and agree to our collection, use, and disclosure of your personal information as described in this Privacy Policy and in our Terms and Conditions.

    For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregated information, or public information lawfully available from governmental records or other public sources.

    Personal Information We May Collect

    In the 12 months preceding the date of this Policy, we may have collected your Personal Information when you visited our Site or through other interactions with us, created an account to use our services, placed an order for our products, requested information about our products and services, or when you voluntarily provided information to us through our Site, email or phone number. We will continue to collect Personal Information from the same sources.

    The categories of Personal Information we may have collected from these sources during the 12 months preceding the date of this Policy, and will continue to collect, include the following:

    • Personal identifiers: Name, mailing address, billing address, shipping address, email address, telephone numbers, IP address or other unique identifier, account log-in information (e.g., username and passwords), and other similar information.
    • Financial information: Bank account and credit card information (or last four digits of credit card) and other payment information.
    • Internet or other electronic activity information: Device and browser type, your browsing and search history on our Site, and information regarding your interactions with our Site and advertisements.

    How We May Use Your Personal Information

    We use your Personal Information to provide our products and services to you, fulfill your orders, process your payment information, arrange for shipping, and provide you with news and other information about the Company, customer support, invoices and/or confirmation emails, advertisements, and marketing promotions, contests and offers about our products or services we think may be of interest to you. We may also use your Personal Information, including information about your use of our Site, to monitor and improve our Site; for internal business analysis; to prevent fraud or other activities that violate our Terms and Conditions or that are illegal; and to protect our rights and the rights and safety of our users or others.

    How We May Share Your Personal Information

    The following chart describes the categories of Personal Information that we disclosed to third parties for a business purpose in the 12 months preceding the date of this Policy.

    Categories of Consumers’ Personal Information

    Categories of Third Parties With Which We Shared Personal Information for a Business Purpose

    Personal identifiers: Name, mailing address, billing address, shipping address, email address, telephone numbers, IP address or other unique identifier, account log-in information (e.g., username and passwords), and other similar information.

    Service providers that assist us in operating, analyzing, and displaying content on our Services; provide business analytics information; provide website hosting and assist with other IT-related functions; provide advertisements and other marketing materials or special promotions; communicate with you via email or postal mail; deliver customer support; process your payment information; verify and manage customer information; provide security services and cloud-based data storage; provide legal and accounting services; and arrange for shipping and delivery.

    Internet or other electronic network activity information:  Device and browser type, your browsing and search history on our Site, and information regarding your interactions with our Site and advertisements.

    Service providers that provide data security services and cloud-based data storage; host our Services and assist with other IT-related functions; provide advertisements and other marketing materials or special promotions; process your payment information; and provide business analytics information.

    Financial information: Bank account and credit card information (or last four digits of credit card) and other payment information.

    Service providers that assist us in processing your payment information to complete your orders and purchases; verify and manage customer information; deliver customer support; facilitate email communication; provide security services and cloud-based data storage; provide analytics information; and provide legal and accounting services. 

    Additional Information About How We May Disclose Your Personal Information

    We may also share your Personal Information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may share your Personal Information with third parties to help detect and protect against fraud or data security vulnerabilities. We may transfer your Personal Information to a third party in the event of an actual or proposed sale, merger, reorganization of our entity or other restricting.

    Sale of Your Personal Information

    We do not, and have not, sold your Personal Information to any third parties.

    Cookies and Analytics

    Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They are used to help users navigate websites efficiently as well as to provide information to the owner of the websites. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.

    When you visit the Site, we may place a “cookie” or other online tracking device (e.g. web beacons) that recognizes you when you visit the Site.  These are used for technical convenience to store information on your computer or other device. For instance, we may use a cookie to store form information that you have entered so that you do not have to enter such information again. You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies you may not be able to access certain parts of this Site. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.

    We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit the website, what pages they visit when they do so, and what other websites they visited prior to visiting our website. To learn more about how Google Analytics collects personal information, review Google’s Privacy Policy.

    We may use advertising cookies on our Site to tailor marketing and advertisements to you and your interests and provide you with a more personalized service after you visited our Site. We and our third-party vendors use cookies to inform, optimize and serve advertisements based on your past visits to our Site. 

    California Privacy Rights

    The California Consumer Privacy Act (CCPA) gives California residents rights described below with respect to their Personal Information.

    Your Right To Request Disclosure of Information We Collect and Share About You

     

    We are committed to ensuring that you know what Personal Information we collect. To that end, you can ask us for any or all of following types of information regarding the Personal Information we have collected about you in the 12 months prior to our receipt of your request:

    • Specific pieces of Personal Information we have collected about you;
    • Categories of Personal Information we have collected about you;
    • Categories of sources from which such Personal Information was collected;
    • Categories of Personal Information that the business sold or disclosed for a business purpose about the consumer;
    • Categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
    • The business or commercial purpose for collecting or selling your Personal Information.

    Your Right To Request Deletion of Personal Information We Have Collected About You 

     

    Upon your request, we will delete the Personal Information we have collected about you, except for situations where the CCPA authorizes us to retain specific information, including when it is necessary for us to provide you with a good or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.  The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.  We will act on your deletion request within the timeframes set forth below.

    Exercising Your Rights and How We Will Respond

    To exercise any of the rights above contact us at (800) 931-7530 or here.

    For requests for access or deletion, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We will provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances. 

    If we expect your request is going to take us longer than normal to fulfill, we will let you know.

    We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavor to provide you with an explanation as to why. 

    Our Commitment to Allowing You to Exercise Your Rights – Non-Discrimination

    If you exercise any of the rights explained in this Privacy Notice, we will continue to treat you fairly. If you exercise your rights under this Privacy Notice, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.

    Verification of Identity – Access or Deletion Requests

    We will ask you for identifying information and attempt to match it to information that we maintain about you. 

    If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to your request. We will notify you to explain the basis of the denial. 

    Authorized Agents

    You may designate an agent to submit requests on your behalf.  The agent must be a natural person or a business entity that is registered with the California Secretary of State.  

    If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process. Specifically, if the agent submits requests to access, know or delete your Personal Information, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.

    Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.  

    Do Not Track

    Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked.  At this time, our Site does not respond to Do Not Track (DNT) header signals.

    California Shine the Light

     

    California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents that have an established business relationship with a business to annually request, free of charge, information about certain categories of Personal Information a business has disclosed to third parties for those parties’ direct marketing purposes in the preceding calendar year.  Separately, we do not disclose Personal Information to third parties for their direct marketing purposes. For more information, please contact us at (800) 931-7530 or here.  

    Personal Information of Minors

    Our products and services are not directed to minors under the age of 13 and we do not knowingly collect or sell the Personal Information of minors under 16. If a child under 13 submits Personal Information to us and we learn that we have collected any Personal Information of a child under 13, we will promptly take steps to delete such Personal Information and terminate the child’s account as soon as possible. If you believe that we may have collected Personal Information from a child under 13, please contact us as set forth below.

    How We Keep Your Personal Information Secure

    We implement and maintain reasonable security measures appropriate to the nature of the Personal Information that we collect, use, retain, transfer or otherwise process. Those measures include administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Personal Information. However, data security incidents and breaches can occur due to a variety of factors that cannot reasonably be prevented; therefore, our safeguards may not always be adequate to prevent all breaches of security. 

    Other Websites and Social Media Buttons

    Our Site may contain links to other websites or social media buttons. We are not responsible for the privacy practices or the content of those websites or social media platforms. This Privacy Policy applies only to our business and the Personal Information we collect. Accordingly, we recommend that you carefully review the privacy policies of all third-party websites that you access.

    Changes to This Privacy Policy

    We will review and update this Privacy Policy as required to keep current with rules and regulations, new technologies, and security standards. We will post those changes on the website or update the “Last Updated” date of the Privacy Policy. The processing of Personal Information we collect will be subject to the Privacy Policy in effect at the time such Personal Information was collected, used, or disclosed. If we make any material changes to this Privacy Policy, you will be notified via email or a notice on our Site.

    Contact Us

    If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format, you may contact us at (800) 931-7530 or here.

     



  • Shipping & Delivery

  • Gourmet Sweet Botanicals ships merchandise to locations within the United States. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

     

    Please read our FAQs before placing an order.




  • International

  • Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

    Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Gourmet Sweet Botanicals is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

    Please read our FAQs before placing an order.



  • Return Policy

  • You may purchase merchandise from this Web site by using any one of the payment options listed. Gourmet Sweet Botanicals reserves the right to change its payment procedures at any time without prior notice to you.



  • Miscellaneous

  • VOID WHERE PROHIBITED:
    Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Gourmet Sweet Botanicals and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

    GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Gourmet Sweet Botanicals shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

    MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Gourmet Sweet Botanicals with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Gourmet Sweet Botanicals with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Gourmet Sweet Botanicals. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.