Terms and Conditions Page

Terms and Conditions

We're sorry but we can no longer ship Kratom to IN, VT, AR, WI, RI or AL. Kratom is banned in these states. We only ship to states where kratom is legal. Please visit this link to get an up to date legal status http://speciosa.org/home/kratom-legality-map/ . It is up to the customer ordering to understand the current laws regarding kratom in their state as they can change quickly.

We make every effort to block sales where kratom is not legal. In checkout the banned states if entered in shipping will not allow an order to be made.

KRATOM PRODUCTS ARE SOLD AS A BOTANICAL SPECIMEN ONLY. Our products are to be used as accordance with your state and local laws. We do not recommend that you consume many of our products each product is marked in accordance to the FDA.

Disclaimer:

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.

The Buyer states that he or she is a minimum of 21 years of age.

DO NOT use thekratomsyndicate.com information to diagnose, treat or cure any illness or health condition. thekratomsyndicate.com its owners and or employees cannot be held responsible for, and will not be liable for the inaccuracy or application of any information whatsoever herein provided. These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any diseases. No medical claims are made or validated. You are responsible to understand the laws in your state.

The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

The customer states he/she is aged 21 or over. By placing an order, the buyer agrees to the terms and conditions stated, and automatically accepts all responsibilities. BY PLACING AN ORDER YOU ARE AGREEING TO THIS DISCLAIMER if you do not agree DO NOT ORDER.

We reserve the right to refuse service, deny access or terminate accounts at anytime for any reason. We do not guarantee the website or our services will be available at anytime.

Out of policy:

Inventory availability is not guaranteed. Customer will be notified via e-mail regarding out-of-stock products.

PLEASE NOTE: Product image(s) available online are representative of the product offered but may not have the exact attributes. Please read product description for the specific attributes of the product.

PLEASE NOTE: The information provided on thekratomsyndicate.com is intended for reference only. While we attempt to keep our information accurate, we cannot guarantee it is an accurate representation of the latest product.

Site Content:

TKS Enterprise LLC dba thekratomsyndicate.com has no control over the reviews left on the site and are the property of the reviewer who left them and not TKS Enterprise LLC dba thekratomsyndicate.com, The review function is not controlled by thekratomsyndicate.com but by a 3rd party, Magento. TKS Enterprise LLC dba thekratomsyndicate.com 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 the site. TKS Enterprise LLC dba thekratomsyndicate.com is not undertaking any obligation or liability relating to any contents or activities on the site. None of the descriptions given on this site have been evaluated by the Food and Drug Administration (FDA). The Kratom discussed on this site are not meant to diagnose, heal, cure, relieve or prevent any disease. All information on this site are the views of their individual writers who do not declare to be medical experts giving pharmaceutical advice or work for thekratomsyndicate.com.

Your use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions.

Nothing within our site may be copied or used, except as provided in these Terms and Conditions or with our written consent. You must not modify the paper or digital copies of any materials taken from our website in accordance with the above limitations, and must not use any illustrations, photographs, video audio sequences or other content separately from its accompanying text. If any material from our site is used in accordance with the above, our status as the authors or owners of any material taken from our site must always be acknowledged. You must never use any material from our website for commercial purposes or for the purposes of public display, unless you obtain a license to do so from us or from our licensors.You are NOT permitted to modify, reverse-engineer, disassemble, redistribute, spam, phish, pharm, pretext, spider, crawl, scrape, republish or upload or hot link any of the materials on our site without our prior written permission. If google index images or any other data you may not download our copyrighted property and you may not post on any social media or online site to include blogs, articles, rss feeds or websites. If you print off, copy or download any materials from our site in breach of these Terms and Conditions your right to use our site will cease immediately and you must, return or destroy any copies of the materials you have made.

Trademark Information:

The name The Kratom Syndicate are trademark names within the USA, and on the official registrar Jan. 2019. All other trademarks, product names, and company names and logos appearing on this site are the property of their respective owners. User must obtain permission from those owners before copying or using the owner's trademarks, product names and company names and logos. The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained in this Site (collectively, "Content") are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. We do not allow any Content to be used without our written consent and signed by the owner on our letterhead.

Restriction of Liability:

The information contained in this website is for general information purposes only. The information is provided by thekratomsyndicate.com and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

TKS Enterprise LLC dba thekratomsyndicate.com accepts no responsibility for the misuse of supplied products. The buyer accepts full responsibility/liability for any said punitive damages including but not exhaustive, personal injury, lost profit/revenues, loss of product/equipment including any loss of property that may result from the purchase or use of any thekratomsyndicate.com products. By agreeing to these terms buyer or receiver of our products agrees to never file or bring any legal action against TKS Enterprise LLC dba thekratomsyndicate.com. Buying or receiving any of our products are at your own risk. If you do not agree to these terms do not order. ‘Buyer’ also states they are not a law enforcement officer/government employee. Buyer further states they are not associated with nor affiliated with any government agency furthermore nor are they ordering product under the instruction of said agencies.

TKS Enterprise LLC dba thekratomsyndicate.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TKS Enterprise LLC dba thekratomsyndicate.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. through this website you are able to link to other websites which are not under the control of TKS Enterprise LLC dba thekratomsyndicate.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Indemnification:

You agree to indemnify, defend, and hold harmless TKS Enterprise LLC dba thekratomsyndicate.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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.

Notification of Changes and Disputes:

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Disputes and Choice of Law In the event both parties can not come to a resolution arbitration will be used and in the State of Oregon, Washington county. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TKS Enterprise LLC dba thekratomsyndicate.com products) must be commenced within one (1) year after the claim or cause of action arises. TKS Enterprise LLC dba thekratomsyndicate.com 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. TKS Enterprise LLC dba thekratomsyndicate.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Typographical Errors

In the event that a TKS Enterprise LLC dba thekratomsyndicate.com product is mistakenly listed at an incorrect price, TKS Enterprise LLC dba thekratomsyndicate.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TKS Enterprise LLC dba thekratomsyndicate.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TKS Enterprise LLC dba thekratomsyndicate.com shall issue a credit to your credit card account in the amount of the incorrect price.

Confidentiality:

We will not sell, share, or rent your personal information to any third party! Any emails sent by this Company will only be in connection with the provision of agreed services and products. We care about our customers!

DMCA Policy

Digital Millennium Copyright Act Notice
Take down Policy and Procedures
TKS Enterprise LLC dba thekratomsyndicate.com respects the intellectual property rights of others and it expects third parties to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a take down notice to us via our DMCA info listed below. We are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send take down notices to

[email protected]

Mail

TKS PO Box 1297

Hillsboro, OR 97123

Counter Notification – Restoration of Material
If you have received a notice of material being take down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Email your counter notice to our DMCA contact: [email protected]

Repeat Infringer Policy

The Kratom Syndicate, takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, The Kratom Syndicate. maintains a list of DMCA notices from its copyright holders with its registered DMCA Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.

Modifications
The Kratom Syndicate, reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TKS Enterprise LLC dba thekratomsyndicate.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TKS Enterprise LLC dba thekratomsyndicate.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TKS Enterprise LLC dba thekratomsyndicate.com 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 do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Refund and Return Policy

The Kratom Syndicate Store is unable to make any alterations to orders after they have been submitted please always double check billing and shipping address before placing the order. If you ever have an issue please contact us right away on the Live Chat Help Desk, Email or Phone number. Our contact info is located in many areas. Bottom of the website, order confirmation, pack slip, product packaging and email are just a few locations you can get a hold of us.

We may ask you to provide a photo of the product or packaging or additional information. The newer batches will also have a TKS QC number on them, bottom or bottom back side as well as a stamp on the pack slip of who packaged the shipment. If you can provide this info when contacting us it is helpful. The TKS QC number is equine just for that bag, we can track exactly when that product was made on the batch record and by whom down to the time and day. If you are able to get these in a photo it makes it simple.

All our products are packaged under video recording, our inventory and shipping areas already have HD cameras setup for security and have found this to be an effective way of checking the shipment timestamp on the order and rolling back the feed to address any mistakes that might have happened during the shipment of the order. We look at returns in two different ways. Please see below.

Quality Control Related Returns:

Our GMP process does not allow anything that leaves our facility to re-enter inventory. All returned products we must destroy opened or not. We do not do any reprocessing of products for customer safety. If the product has been determined by TKS to be an issue related to Quality Control we will request the product be returned for examination and testing if necessary per our written GMP procedures. We may also need additional info for reporting. For QC returns we will send you a prepaid label via email to print or mail depending on what is best for the customer.

NON Quality Control Related Returns:

We always aim to make our customers happy and this is why we always ask newer customers to try a sample pack first before making a larger size purchase if one is available. Kratom is subjective and alot can effect how kratom works. Stress, Food, Time of Day, Active or not, Bio-availability, Kratom is also not for everyone. All our Kratom is lab tested and has active MIT and 7-HO within spec. If it "does not work" the product it self is at spec. We can not control a customer's body and all the variables that effect the absorption of kratom or how a customer responds to it. If you want to return a product please contact us first for approval. Once approved please ship the product to the address listed below. The original product purchased needs to have 75% of its NET WT. still in the container. We will not refund products that have been used more than that. We will not pay for shipping on NON QC related returns. We must receive prior than 30 calendar days from purchase date to issue replacement or refund. We will only issue a replacement or refund once the product has been received by us within 30 days of purchase date.

Refunds

A) Replacement product or products within 30 days of purchase date.

B) A full refund of the product price only within the first 30 calendar days of original purchase date.

If a replacement product is not a satisfactory solution then we will refund the customer in the same payment method in which we received for payment of products. We do not refund shipping costs.

Our return mailing address is TKS PO BOX 1297, Hillsboro, OR 97123.

You have to manually agree to these terms in checkout or checkout does not proceed, there is a checkout button with a description explaining this by the place order button.

BY PLACING AN ORDER YOU ARE AGREEING TO THIS DISCLAIMER. If you do not agree then do not place an order with thekratomsyndicate.com

California residents will have prop 65 warning label applied to products

CALIFORNIA CUSTOMERS: PROP 65

Some botanicals (even those grown and processed organically) contain low levels of lead which is often naturally occurring, and our botanical products are well below FDA's current tolerable intake levels (and many times less than the amount shown to cause harm in adults). See below for more information regarding Prop 65 labeling.

Why do I have a Prop 65 warning on my herbal products?

Proposition 65 is a unique California law that requires businesses to include a warning on any products that contain quantifiable amounts of over 800 possible chemicals, many of which are naturally occurring. We assure you that our products are safe and we thoroughly test all of them to comply with federal and industry standards for safety. Because of the unique nature of this state-specific law which only applies to California, we are obliged to place a Prop 65 warning on all products which are shipped to that state. This warning is the same one that is found throughout hotels, gas stations, airports, golf courses, public parks, and other public buildings found throughout the state.

This law has been proven by numerous industries as impossible to comply with, and for this reason we have opted to place a warning on every product we ship to California. Please be assured that all of the products offered by TKS easily fall within federally mandated safety levels and we have food safety controls in place utilizing up-to-date testing technologies and the assistance of third party laboratories.

What is California Proposition 65?

Proposition 65 was passed in 1986 with the intention of increasing accountability and preventing people and companies from dumping toxic material in California waters. It is known as "The Safe Drinking Water and Toxic Enforcement Act of 1986," and it enforces the idea that people have the right to know about the presence of dangerous chemicals in their food and water. On this basic level, it is a well-spirited law which we enthusiastically support. However, in practice it is misleading and inconsistent, creating a culture of endless warnings and resource-draining lawsuits.

Chemicals recognized by the State of California to contain carcinogens or cause reproductive harm are subject to the requirements of Prop 65 and one of the most cited chemicals is lead, which naturally occurs in soil, water, and the ocean. According to Prop 65 the content of lead has particularly stringent regulations, requiring a warning if its presence exceeds 0.5 micrograms in any given product per day. This is nearly 1,000 times lower than the amount known to cause reproductive harm according to the federal government.

How is Prop 65 enforced?

Prop 65 is enforced entirely by way of civil lawsuits brought about by organizations seeking monetary gain in the form of a settlement, and rarely (if ever) is action ever brought by the state's attorney general.

This form of litigation puts businesses in a defensive position, forcing them to comply, regardless of the safety of their products. Indeed, Prop 65 warning signs appear all over California, on restaurants, apartment buildings, gas stations, banks, and anywhere else that could theoretically be in violation. Because there is no penalty for over-posting, businesses place warnings as a measure to ensure the safety of their commodities. This results in an ocean of vague and faulty information, hiding shady business practices while vilifying the compliant.

Are there exceptions for chemicals that occur naturally?

If a company can prove that a chemical naturally occurs in its products, it is exempt from Prop 65. As an example, the American daily average for black pepper consumption contains 10 times the "safe harbor" level of safrole, a naturally occurring chemical listed under Prop 65 as a carcinogen. But because it is naturally occurring, companies have not yet been required to warn the public about black pepper.

The presence of lead is a bit more complex. Over the past century, industrial change in the United States and in the developing world has created an increase in the amount of lead distributed across the environment. The use of leaded gasoline and the burning of coal and other fossil fuels have damaged the environment, spreading the pollutant into the atmosphere. In turn, this lead has been redistributed in rainwater, our oceans, and through soil seepage where it is absorbed by plant life.

For this reason, it isn't possible to claim that the lead content appearing in our products is entirely natural. Even though lead is never added to any of our products, and fertilizers containing heavy metals (which includes lead) are prohibited in organic farming, our products are safe, and proving that lead only occurs naturally is prohibitively expensive. Prop 65 is written in a way that places the burden of proof on businesses rather than on the government. If a business cannot prove that the chemical content in their products is natural, then they must provide a warning label or face litigation.