Terms of service

Terms of Service

Last updated: August 2, 2026

Overview

Welcome to Phoenix Botánica. The terms "we," "us," and "our" refer to Phoenix Botánica. Phoenix Botánica operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Phoenix Botánica is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

Section 3 – Product Safety and Health Information

Phoenix Botánica products are handcrafted botanical products intended for personal use. Statements made about our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Use of our products is at your own risk. If you are pregnant, nursing, have a medical condition, or are under a doctor's care, consult a healthcare professional before use. We are not responsible for allergic reactions, sensitivities, or misuse of our products.

Section 4 – Orders

When you place an order, you are making an offer to purchase. Phoenix Botánica reserves the right to accept or decline your order for any reason at its discretion, including product availability, errors in pricing or information, or suspected fraud. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time the order was made. If an order is canceled after payment, a full refund will be issued.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 5 – Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical locations or other stores. We may offer promotions governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update this information so we can complete transactions and contact you as needed. You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

Section 6 – Shipping and Delivery

Shipping times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather, or other events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you, and once a package is marked as delivered, we are not responsible for lost or stolen items.

Section 7 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, and the design, selection, and arrangement thereof, are owned by Phoenix Botánica, its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants any license or right under any patent, trademark, copyright, or other intellectual property of Phoenix Botánica, Shopify, or any third party, except as expressly provided. All rights not expressly granted are reserved by Phoenix Botánica.

Phoenix Botánica's names, logos, product and service names, designs, and slogans are trademarks of Phoenix Botánica or its affiliates or licensors and must not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the property of their respective owners.

Section 8 – Optional Tools

You may be given access to tools offered by third parties as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available" without warranties of any kind, and we have no liability arising from your use of them. Any use of optional third-party tools is entirely at your own risk, and you should review the relevant third-party's own terms.

We may offer new features through the Services in the future. Such features are deemed part of the Services and subject to these Terms.

Section 9 – Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party site, and we are not liable for any harm related to your access to or use of third-party websites, products, or services. Complaints regarding third-party products or services should be directed to the third party.

Section 10 – Relationship with Shopify

Phoenix Botánica is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Phoenix Botánica. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Phoenix Botánica, including any injury, damage, or loss resulting from purchased products, and you release Shopify and its affiliates from all related claims, damages, and liabilities.

Section 11 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you, and information you submit may be shared with Shopify and third parties, including those located outside your country of residence.

Section 12 – Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute it for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and we may monitor, edit, or remove Feedback at our discretion. You represent that you own or have rights to any Feedback you submit and that it will not violate any third party's rights or contain unlawful, abusive, or malicious content. You are solely responsible for your Feedback and its accuracy.

Section 13 – Errors, Inaccuracies, and Omissions

Occasionally there may be typographical errors, inaccuracies, or omissions on the Services relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders at any time without prior notice, including after an order has been submitted.

Section 14 – Prohibited Uses

You may use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe our intellectual property or that of others; harass, abuse, or defame any person; transmit false or misleading information; send spam, chain letters, or unsolicited advertising; impersonate any person or entity; or engage in conduct that restricts or inhibits others' use of the Services or that we determine may harm Phoenix Botánica, Shopify, or other users.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, or exploit any portion of the Services without authorization; collect or track the personal information of others; use bots, scrapers, or automated data-gathering tools without authorization; or bypass or interfere with any security or access-control measures we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.

Section 15 – Agents

This section applies if you use, allow, enable, or cause the deployment of an "Agent," meaning any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity to access, use, or interact with the Services.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with this section, and no Agent may do so if we have requested that it refrain. We may limit, including through technical measures, whether and how any Agent accesses the Services.

Agents must: identify themselves as an Agent in all HTTP/HTTPS requests via the user agent string; not conceal or obfuscate that an interaction is coming from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; respond truthfully to any prompt seeking to determine whether an interaction is human or automated; and not circumvent any measure intended to control Agent access to the Services.

Section 16 – Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and without notice, and you will remain liable for all amounts due through the date of termination. Provisions that by their nature should survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will continue to apply.

Section 17 – Disclaimer of Warranties

Information presented on the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Phoenix Botánica, the Services and all products offered through them are provided "as is" and "as available," without any warranties or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of certain warranties, so this disclaimer may not fully apply to you.

Section 18 – Limitation of Liability

To the fullest extent permitted by law, Phoenix Botánica, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors, as well as those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, or lost data, arising from your use of the Services or any product procured through them, even if advised of the possibility of such damages.

Section 19 – Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Botánica, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

Section 20 – Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and severed from these Terms, without affecting the validity of the remaining provisions.

Section 21 – Waiver; Entire Agreement

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements or communications.

Section 22 – Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.

Section 23 – Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict-of-law principles. You and Phoenix Botánica consent to the personal jurisdiction and venue of the state and federal courts located in Texas.

Section 24 – Changes to These Terms

We reserve the right to update or change these Terms at any time by posting the revised version on this page. It is your responsibility to check this page periodically. Your continued use of the Services after any changes are posted constitutes your acceptance of those changes.

Section 25 – Contact Information

Questions about these Terms should be sent to info@phoenixbotanica.com.

Phoenix Botánica
13230 Murphy Rd Ste 400
Stafford, TX 77477
info@phoenixbotanica.com