Subscription Policy

These terms (the “Magical CBD Subscription Box Terms”) are the terms for the OhmGnomes Botanicals Subscription Service (the “OhmGnomes Botanicals Subscription Service”), offered by OhmGnomes (“OhmGnomes” “we,” or “us”).

1. The OhmGnomes Botanicals Subscription Service

1.1  Service Description

The OhmGnomes Botanicals Subscription Service is designed to provide a curated assortment of OhmGnomes Botanicals Hemp Infused and other OhmGnomes Non-Infused products and crafts at a discounted rate to its customers on a subscription service basis . As part of the OhmGnomes Botanicals Subscription Service, you will receive:

• Hemp Infused Edibles, Tinctures, & Topicals

• Occasional OhmGnomes Non-infused Foods and Crafts

No Minimum purchase required. For more details about the OhmGnomes Botanicals Subscription Service, please see www.OhmGnomesBotanicals.com.

1.2   Eligibility  

You must be 18 years of age or older to sign-up and use the OhmGnomes Botanicals Subscription Service. By signing-up for the OhmGnomes Botanicals Subscription Service or accepting the Magical CBD Subscription Box Terms, you represent and warrant to OhmGnomes that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Magical CBD Subscription Box Terms.

1.3 Minors Policy

If you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. We reserve the right to revoke your ability to access any products and services offered on the Site for any reason at any time including as a result of a violation of these Terms without notice. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. You also represent and warrant to OhmGnomes that you will use the OhmGnomes Botanicals Subscription Services in a manner consistent with any and all applicable laws and regulations. Use of the Site is prohibited where prohibited by law.

2. The Subscription Contract Between You And Us

OhmGnomes Botanicals may offer various subscription types: including rebillable monthly subscriptions (“Month-to-Month Rebillable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); rebillable monthly subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Monthly Subscriptions With Commitment”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).

2.1 Automatic Renewal Terms

With respect of OhmGnomes Botanicals Subscription Services subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, OhmGnomes Botanicals may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before OhmGnomes Botanicals reasonably could act. Information on how to cancel is described below.

The cancellation of your “month-to-month rebillable subscriptions”,  “prepaid subscriptions”, “monthly subscriptions with commitments” must be made 2 business days before the next billing date reflected in your account settings. If you cancel your subscription less than 2 business days before your next billing date, your subscription will not be cancelled, and you will not receive a refund.  Instead, your subscription will renew, and you will continue to enjoy your subscription benefits until the expiration of the next recurring subscriptions period for which you have paid (at which time, your subscription will cancel). If you cancel a recurring subscription before all of your boxes have been delivered, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

2.1.1 Month-to-Month Rebillable Subscriptions

By purchasing a Month-to-Month Rebillable Subscription, you agree and acknowledge that your OhmGnomes Botanicals Subscription Service has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by OhmGnomes Botanicals after the expiration date of your payment card.

2.1.2 Automatic Monthly Renewal Terms

Your OhmGnomes Botanicals Subscription Service will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Rebillable Subscription renewal.

We will charge your Payment Method for renewals on the same day of the month on which you purchased your OhmGnomes Botanicals Subscription Service, provided, however, if you purchased your OhmGnomes Botanicals Subscription Service on the 29th, 30th or 31st day of a particular calendar month, then such charge will be made to your Payment Method on the first day of the following calendar month.

2.1.3 Cancellation Policy For Month-to-Month Rebillable Subscription Renewals

To cancel your Month-to-Month Rebillable Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send a message to theworkshop@ohmgnomes.com and we will do it for you, or (iii) go to https://ohmgnomesbotanicals.com/pages/connect and schedule a call with one of our Magical Gnomies who can help you cancel. If you cancel, you will not be rebilled during your next monthly billing cycle.

2.2 Prepaid Subscriptions

By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by OhmGnomes Botanicals after the expiration date of your payment card.

2.2.1 Automatic Renewal Terms

At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six or twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.

2.2.2 Cancellation Policy For Prepaid Subscriptions Renewals

To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may (i) logon to your account and follow the cancellation procedures there, (ii) send a message to theworkshop@ohmgnomes.com and we will do it for you, or (iii) go to https://ohmgnomesbotanicals.com/pages/connect and schedule a call with one of our Magical Gnomies who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.

2.3 Monthly Subscriptions With Commitment

If You have a Prepaid Subscription, you will receive notice whether, Monthly Subscriptions With Commitment terms apply to You when your plan renews.

By purchasing a Monthly Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by OhmGnomes Botanicals after the expiration date of your payment card.

2.3.1 Automatic Monthly Subscriptions With Commitment Renewal Terms

Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.

2.3.2 Cancellation Policy for Monthly Subscriptions With Commitment Renewals

• To cancel your 3-Month, 6-Month, 12-Month Subscription renewal for the following three, six, or twelve months, at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send a message to theworkshop@ohmgnomes.com and we will do it for you, or (iii) go to https://ohmgnomesbotanicals.com/pages/connect and schedule a call with one of our Magical Gnomies who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.

2.4 Gift Subscriptions

For Gift Subscriptions, the subscription will NOT be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

2.5 Changes To The Price And To OhmGnomes Botanicals Subscription Service Plans

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your OhmGnomes Botanicals Subscription Service Plans will take effect following notice to you.

2.6 No Refunds  

Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the OhmGnomes Botanicals Subscription Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

3. Payment Methods 

We accept major credit cards only. We reserve the right to reject any order or purchase at any time. To use the OhmGnomes Botanicals Subscription Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the OhmGnomes Botanicals Subscription Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.2   Updating your Payment Methods

 You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

4. Online Purchases and Other OhmGnomes Botanicals Terms and Conditions

4.1  Online Purchase Terms 

Except for purchases of the OhmGnomes Botanicals Subscription Service, all purchases through our Site, App (to the extent such App is available to the public) or other transactions for the sale of our products formed through or relating the OhmGnomes Botanicals Subscription Service, or resulting from visits made by you to our Site or App (to the extent such App is available to the public), are governed by our Terms & Conditions set forth at https://ohmgnomesbotanicals.com/policies/terms-of-service (“Terms & Conditions”), which are hereby incorporated into these Magical CBD Subscription Box Terms.

4.2  Site and App Terms

Our Terms & Conditions also apply to your access to and use of our Site and App (to the extent such App is available to the public).

5. Product Information; Limitation on Quantities, Delivery

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available.

You should inspect your package to ensure the contents are undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.

6. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

7.  Changes to the Magical CBD Subscription Box Terms

7.1  Revisions of Terms  

We may revise and update these Magical CBD Subscription Box Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the OhmGnomes Botanicals Subscription Service thereafter.

7.2  Acceptance of Revised Terms

Your continued use of the OhmGnomes Botanicals Subscription Service following the posting of revised Magical CBD Subscription Box Terms means that you accept and agree to the changes. You are expected to check this page each time you access this OhmGnomes Botanicals Subscription Service so you are aware of any changes, as they are binding on you.

8. Account Security

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account or portions of it using your username, password, or other security information. We reserve the right to terminate your OhmGnomes Botanicals subscription if we determine, in our sole discretion, that you have violated this Section 9 or any other provision of these Magical CBD Subscription Box Terms or are suspected of fraud or unauthorized or illegal activity.

9. Intellectual Property Rights

The OhmGnomes Botanicals Subscription Service and its entire contents, features, and functionality are owned by OhmGnomes, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10. Information About You In Connection with the OhmGnomes Botanicals Subscription Service

All information we collect on or in connection with the OhmGnomes Botanicals Subscription Service is subject to our Privacy Policy https://ohmgnomesbotanicals.com/policies/privacy-policy. By using the OhmGnomes Botanicals Subscription Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, OHMGNOMES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

OHMGNOMES IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OHMGNOMES AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO OHMGNOMES FOR THE OHMGNOMES BOTANICALS SUBSCRIPTION SERVICE IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OhmGnomes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Magical CBD Subscription Box Terms or your use of the OhmGnomes Botanicals Subscription Service.

14. Governing Law and Jurisdiction

All matters relating to the OhmGnomes Botanicals Subscription Service and these Magical CBD Subscription Box Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Magical CBD Subscription Box Terms or the OhmGnomes Botanicals Subscription Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Arbitration

At OhmGnomes’ sole discretion, it may require You to submit any disputes arising from these Magical CBD Subscription Box Terms or use of the OhmGnomes Botanicals Subscription Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability

No waiver by OhmGnomes of any term or condition set out in these Magical CBD Subscription Box Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the OhmGnomes to assert a right or provision under these Magical CBD Subscription Box Terms shall not constitute a waiver of such right or provision. If any provision of these Magical CBD Subscription Box Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Magical CBD Subscription Box Terms will continue in full force and effect.

18. Entire Agreement

The Magical CBD Subscription Box Terms, our Privacy Notice, and Terms & Conditions constitute the sole and entire agreement between you and OhmGnomes regarding the OhmGnomes Botanicals Subscription Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the OhmGnomes Botanicals Subscription Service.

19. Your Comments and Concerns

This OhmGnomes Botanicals Subscription Service is operated by OhmGnomes. All feedback, comments, requests for technical support, and other communications relating to the OhmGnomes Botanicals Subscription Service should be directed to: https://ohmgnomesbotanicals.com/pages/connect or theworkshop@ohmgnomes.com.