By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, please do not use this website.
These Terms and Conditions are subject to change by The Cherry Apothecary, known herein as Devos Designs, LTD, at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
Access to this Site
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Use of this Site
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of Devos Designs, LTD or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by Devos Designs, LTD. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without the express prior written permission of an authorized representative of Devos Designs, LTD. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, trade name or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Website and Medical Information Disclaimer
This website contains general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website is provided AS IS without any representations or warranties of any kind, express or implied. Devos Designs, LTD makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other health care provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither Devos Designs, LTD nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Devos Designs, LTD does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
This website may contain links to third-party websites. Devos Designs, LTD provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. Devos Designs, LTD is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
Devos Designs, LTD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Devos Designs, LTD. Nonetheless, Devos Designs, LTD seeks to protect the integrity of its website, and therefore requests any feedback on sites to which it links, including if a specific link does not work.
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively ”Content”) are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States and other copyright laws and is the property of or licensed by DeVos Designs, LTD, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
“Devos Designs, LTD”, and all other logos, page headers, custom graphics, and icons are trademarks, trade names and/or service marks owned by DeVos Designs, LTD, or an affiliate of Devos Designs, LTD, unless otherwise indicated.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing Devos Designs, LTD products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from Devos Designs, LTD. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by DeVos Designs, LTD. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to DeVos Designs, LTD, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.
If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
Submissions; Participation Disclaimer
Devos Designs, LTD does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Devos Designs, LTD is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, Devos Designs, LTD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Devos Designs, LTD in its sole discretion.
You agree to indemnify, defend and hold harmless Devos Designs, LTD, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Limitation on Liability
In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if Devos Designs, LTD has been advised of the possibility of such damages. No person is authorized on behalf of Devos Designs, LTD to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sale by Devos Designs, LTD. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
Devos Designs, LTD shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Devos Designs, LTD’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
Devos Designs, LTD’s industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amounts of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results. By agreeing to these Terms and Conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products, and that you waive the right to make a claim against Devos Designs, LTD for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalties.
Local Jurisdictions/Buyer’s Compliance with Applicable Laws
Devos Designs, LTD makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Devos Designs, LTD’s knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for Devos Designs, LTD to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to industrial hemp-derived products. Devos Designs, LTD isn’t responsible for any potential legal matters that may arise due to such local regulations.
You are solely responsible for compliance with any laws governing the purchase and use of the products available through Devos Designs, LTD’s website or a website linked to Devos Designs, LTD’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT Devos Designs, LTD’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY Devos Designs, LTD OR BY A WEBSITE LINKED TO Devos Designs, LTD’S WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as buyer to determine if industrial hemp derived products are legal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products.
You understand and agree that the limitations on liability set forth above applies to the foregoing.
This site and, except as provided in the following sentence, the materials and products offered on this site are provided AS IS and without warranties of any kind, whether express or implied. Devos Designs, LTD warrants that all Devos Designs, LTD products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
Devos Designs, LTD makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and Devos Designs, LTD expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
Devos Designs, LTD does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Devos Designs, LTD does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitation may not apply in full to you.
Devos Designs, LTD may deliver notice to you by means of a general notice posted on the site, or an email to any address you have provided to Devos Designs, LTD, or by any other method reasonably believed by Devos Designs, LTD to be reliable.
Governing Law; Jurisdiction
These Terms and Conditions and your use of this site shall be governed in all respects by the laws of the state of Colorado, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of Devos Designs, LTD products) shall be exclusively in the state and federal courts located in Colorado, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Devos Designs, LTD products) must be commenced within one (1) year after the claim or cause of action accrues. Devos Designs, LTD’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Prices and Taxes
Prices listed on this web site for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
Product Availability; Orders
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
For online orders, we accept payment by Visa, and Mastercard. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. Devos Designs, LTD’s Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Devos Designs, LTD is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
Typographical and Inadvertent Errors
In the event that a Devos Designs, LTD product is mistakenly listed at an incorrect price, Devos Designs, LTD reserves the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Devos Designs, LTD shall issue a credit to your credit card account in the amount of the incorrect price charged to you.
Promotion and Coupon Codes
Multiple coupon codes cannot be used simultaneously. When buying bulk volume through the website for special tiered discounts, no coupon code can be used.
Reward points can be earned with purchase. These reward points accumulate and result in a reward coupon which can be used to discount a future transaction. For every $100 pre-tax USD spent, a $10 USD reward coupon will be saved to the customer account. Reward points will not be earned on any transaction which uses this reward coupon for discount. Multiple reward coupons cannot be used simultaneously.
Shipping & Delivery
We generally ship items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site.
We fill domestic orders using the United States Postal Service Priority Mail and United Parcel Service, which generally results in delivery within two to three days. Requests for use of a courier service or for overnight shipping cannot be processed on this web site; however, we generally can accommodate these requests if you place your order by phone at the telephone number first appearing above. Devos Designs, LTD may require a signature at delivery for all orders with a value of $250 or more.
Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. Devos Designs, LTD is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
Unless otherwise noted on this web site, delivery of products is FCA (Incoterms (2010), the international rules for the interpretation of trade terms of the International Chamber of Commerce) Devos Designs, LTD’s facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon Devos Designs, LTD’s delivery of the products you order to the U.S. postal service or courier service.
We are not currently accepting any new customers outside of the U.S. All international sales are subject to all applicable U.S. and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated thereunder, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this web site, you affirm that you will comply with all such applicable export controls and regulations.
You will be the importer or exporter of record and are responsible for all required licenses, permits and authorizations. Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient of your order and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products, and whether customs or import duties or similar charges will apply. Devos Designs, LTD is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
If you are not fully satisfied with your purchase, you may request a full refund on the purchase price within 30 days.
If a package is lost after we ship it, which does occasionally occur, Devos Designs, LTD will not be responsible if the tracking information lists the order as “delivered”, which means the USPS, UPS, or the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to Devos Designs, LTD, Devos Designs, LTD will reship the order. Please note that Devos Designs, LTD is not responsible for errors of the USPS, UPS, or courier services, or if you provide or confirm an incorrect address. It therefore is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you. If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help ensure it is correct.
Product Defects & Damaged Packages
We allow three days from the date of delivery to notify us if there is any type of defect with a product or if the package it was in was damaged in transit. If we aren’t notified of defects or damages within the three day window, it is understood that the package and products were in good condition upon delivery.
All disputes will be handled in the EU
Devos Designs, LTD
Kemp House, 152-160 City Road