Terms & Conditions

If you choose to visit this web site, your visit and any dispute over privacy is subject to our Privacy Policy. If you have any concerns about privacy at this web site, please contact us with a thorough description and we will try to resolve it. Our business changes constantly, and our Privacy Policy, Terms of Use and Shipping Policy will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

The purchaser, whether it be a person, organization, group, corporation, or other legal entity, herein called “Buyer”, agrees to all of the terms and conditions applied to them by Doc and Dean South Pacific Trading Co LLC, doing business as Designer Kava, the DesignerKava.com web site, and all persons associated with it, herein collectively called “Seller”, by the disclaimer agreement displayed within this electronic document. Buyer states that they are not a law enforcement officer or a government employee. Buyer further states that they are not associated with nor affiliated with any government agency nor are ordering product under the instruction of any government agent or agency.

Buyer understands that Sellers offer of any product is void where prohibited, and that it is Buyers own responsibility to check and abide by local laws and regulations. Buyer will adopt and use all necessary safety precautions and will abide by all local, state/province and government regulations in accordance with the use of any product provided by Seller. Buyer agrees to make no attempt to hold Seller liable for anything that may happen to a consignment while en route, and Buyer understands that since Seller cannot know of all laws for all countries, it is entirely Buyers responsibility to make certain that the products ordered are allowed in Buyers country of residence. Buyer understands that returns on opened items cannot be accepted due to the possibility of contamination of product.

In addition, with the submitting of this electronic agreement via electronic processes, Buyer states that Buyer is at least 21 years of age. Minors attempting to make purchases will be prosecuted, as will those attempting fraud.

With the submitting of your personal information to the site or ordering system, you, the Buyer, agrees to all of the terms and conditions stated in this electronic document and you, the Buyer, will be legally bound by the terms and conditions stated in this electronic document, including the DISCLAIMER below.

DISCLAIMER

The information herein provided throughout this website on various natural botanical products is for general information only. Please do not use this information to diagnose, treat or cure any illness or health condition. Designer Kava, or Doc and Dean South Pacific Trading Co LLC, does not make any health claims about our products and recommends consulting with a qualified medical doctor or physician prior to using our products. It is especially important for those who are pregnant, nursing, chronically ill, and/or elderly. Please consult your healthcare professional about potential drug interactions or other possible complications before using any product. Any health or safety related issues rising due to individual application of our products should be further researched, and the advice of a medical professional requested for allergic reactions to individual ingredients. Doc and Dean South Pacific Trading Co, Designer Kava, DesignerKava.com and its owners or employees cannot be held responsible for, and will not be liable for the inaccuracy or application of any information whatsoever herein provided. None of our statements have been evaluated by the FDA.

When you order from Doc and Dean South Pacific Trading Co LLC, doing business as Designer Kava, and its Website DesignerKava.com, you agree with the following in its entirety. These terms may be changed at any time by Designer Kava or DesignerKava.com from here on referred to as the “Seller”. A “Buyer” is any individual engaging in business with the Seller, such as but not limited to : an individual, company, firm or any other legal entity purchasing goods from the Seller for any reason. Goods are any material or products that are subject of the Contract. The “Contract” refers to the agreement between the Seller and Buyer in exchange for the sale of Goods.

  1. Age: Goods may not be purchased by anyone less than 21 years of age. Buyer agrees that all orders may be subject to the requirement of adult signature or other proof of age of Buyer at time of delivery.
  2. Use: Buyer understands that any and all Goods purchased from Seller are not intended to treat, prevent or diagnose any disease. Buyer will not hold Seller responsible for any seen or unforeseen consequence, nor harm or injury resulting in the misuse of said Goods.
  3. Regulation and Risk of Loss: Buyer is wholly responsible for any and all applicable local laws relating to the purchase of Goods. Seller deems the offer of Goods void where prohibited. In the event Goods are lost during transit, due to Buyer negligence to obey applicable laws, Seller deems loss the responsibility of the Buyer. Any risk of loss expressly passes to the Buyer upon purchase of Goods.
  4. Personal Information: Buyer affirms that the billing and shipping information given to Seller are truthful and accurate. Buyer confirms all personal information given is their own and not that of a third party.
  5. Right to Refuse Sale: Seller reserves the right to refuse sale or service to anyone for any reason, including refunding and cancelling orders.
  6. Shipping: Seller will make all efforts to ship Goods to Buyer expeditiously. In the event of delay, Buyer acknowledges that Seller is not liable.
  7. Severability: The validity of these terms and conditions are not affected by the declaration of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition stands on its own merits and shall not be deemed less valid by any seen or unforeseen change in the others, regardless of circumstance.
  8.  Choice of Law and Venue: These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been agreed to in and occurred in the state of Kansas. Any disputes or interpretation construction, and the remedies for enforcement or breach, are to be applied pursuant to and in accordance with the laws of the state of Kansas. Any dispute will be handled in the state of Kansas. Buyer and Seller expressly agree that all actions or proceedings arising in connection with the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the state of Kansas. The Buyer waives the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions. 
  9. Disclaimer of Liability: The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller for occurrences where harm or injury resulted from the purchase, use, or misuse of the Goods. By purchasing the Goods you are hereby affirming the following representations:
    1. I am over 21 and an adult under the laws of my State.
    2. I am in good health and am capable of making my own decisions and representations.
    3. LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed.
    4. In no event will Seller be liable to me or anyone else for any damages or injury caused by use, misuse, or improper use of the Goods. Neither shall Seller be liable, to me or anyone else, for actions taken, by me or anyone else, resulting from reliance on information or views, verbal or in literature obtained through Seller in any way. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
    5. I agree to indemnify and hold harmless Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages incurred as result of the purchase, use, or misuse of the Goods. The Seller and all related aforementioned parties shall not be liable under any theory whatsoever.
    6. There are no circumstances in which Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
    7. I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree to carefully abide by these cautions and warnings. I also will abide by all warnings stated on the website, regarding product use.
    8. This product has not been evaluated by the FDA and is not intended to treat, prevent or diagnose any disease. You must be 21 years old to purchase.

If there are any questions or concerns regarding the above terms and conditions please contact us.

Product Disclaimer

This product is NOT used to treat, cure, or mitigate any disease, illness, ailment, and/or condition. Statements made on this website have not been evaluated by the FDA.

Product Use & Handling

The customer is fully liable to decide which way they use our products and by purchasing, fully agree to these terms and understand the meaning of them. All customers are fully liable for the due diligence and research they carry out on intended use of the products we carry. Customers are responsible for knowing the risks and issues that could arise from the way they use or handle our products.

Liability Waiver

By purchasing from DesignerKava.com you agree to hold this website and Doc and Dean South Pacific Trading Co LLC harmless from any issue that may arise from the use or handling of our products. From the moment the intended recipient of an order receives the product, the hold harmless clause goes into effect. Additionally, we are not responsible for any third-party handling of the product(s). The intended recipient is the person who receives the product at the shipping address that the customer supplies in their order details.

Age Restriction

We require all users of this website to comply with the age restrictions. Users below 21 years of age are not allowed to browse or access any of our content under the terms of service policy. If you are under 21 years of age, please leave this website immediately. Anyone under 21 years of age cannot browse this website even if they are accompanied by someone over the age of 21.

Legal Waiver

By purchasing our products, you understand that there may be various legalities between states and counties. While this website keeps up with laws and legislation, we cannot guarantee the information is 100% up to date. The customer is liable for their purchase and the due diligence of knowing the laws in their area. We will not be held responsible for any use of our products in which the customer orders to or travels to their area. 

Customer Data

The customer understands that their personal data will be used for the operation and business of this website. The use of this personal data is used to ship orders, contact our customers and to complete payments. For more information on how we use and protect this personal data, please see our privacy policy.

User Access / Customer Accounts

We reserve the right to terminate the access of any user to this website at any time for any reason. We do not need to give a reason for terminating a user account or customer from our database. We reserve the right to block any customer account, user IP address, email address, phone number, shipping or billing address at any time for any reason as we see fit. We may also block a specific payment method or blacklist a customer altogether from all payment methods.

Disputes

Any disputes placed on DesignerKava.com or Doc and Dean South Pacific Trading Co LLC will be handled accordingly.