Terms & Privacy Policies

Saratoga Botanicals, LLC Privacy Policy

Botanicals Skin Bar LLC/DBA Botanicals Spa is committed to safeguarding your privacy online and protecting the information that we collect. Under no circumstance do we disclose information about you, or resell any information collected through this site. To better protect your privacy, we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used.

Information We Collect:

Customer Information. In order to purchase a product or service, you may be required to give us contact information (e.g. name, email address), unique identifiers (e.g. password), and demographic information (e.g. postal code). Certain information is collected in order to, among other things, verify your identity for subsequent use of our service. If you decide to purchase a product or service, we will need to collect certain financial information, such as your credit card number, credit card expiration date, and billing address. Financial information is used to bill you for products and services. As a visitor to our web site, you may be asked for your name and email address for various promotions. Your contact information is used to contact you when necessary, and to send you important new information about our products and services. We do not share your financial information with outside parties, other than our bank and credit card transaction vendor.

Your personally identifiable information is not shared with other organizations for commercial purposes. We use the personally identifiable information you provide for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, maintaining a record of prior purchases, informing you of our new products, services and offers, and providing you with information from and about Botanicals Skin Bar LLC/DBA Botanicals Spa. To serve you better, we may combine information you give us online, in our spa or through your product purchases.

By providing your personal information to Botanicals Skin Bar LLC/DBA Botanicals Spa, you authorize Botanicals Skin Bar LLC/D BA Botanicals Spaand its Affiliates: to collect, process and use your personal information for lawful, Botanicals Skin Bar LLC/DBA Botanicals Spa business-related purposes; to store your personal information at and transmit it to various locations throughout the world, either directly or through our third party vendors, within the United States, your country of residence, if other than the United States, or elsewhere.

IP address. We may collect your Internet Protocol (IP) address each time you visit our web site. The IP address is a unique identifier assigned to your computer each time you connect to the internet. The IP address is used for site traffic statistical reporting and analysis, to help diagnose problems with our server, and to help protect our customers and ourselves from fraud.

Cookies. Our web site uses cookies to keep temporarily stored information during a multi-page process, such as when placing an order. A cookie is a small amount of data that is sent to your browser from our server and stored on your computer’s hard drive. You have the choice to accept all cookies, or be notified when a cookie is set, or to reject all cookies, by setting the appropriate options in your browser. We only use cookies when there is persistent data that is required to be kept from one page to another, such as when completing an order. If you decide not to accept a cookie, you may not be able to proceed with an order.

Server Activity. Customer logins, and other server access activities, are monitored and analyzed to protect our server from unauthorized login attempts.

Correspondence. We reserve the right to keep a record of any correspondence (i.e. email or paper mail) submitted by you to us.

How We Use the Information We Collect
We may use the information you provide to:

send you promotional materials or other communications
provide services to you
process your payment card transactions
create and manage your online account
respond to your inquiries
communicate with you about, and administer your participation in, services, special events, contests, sweepstakes, programs, surveys and other offers
operate and communicate with you about our social networking or mobile applications
operate, evaluate and improve our business (including developing new products and services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
comply with applicable legal requirements, relevant industry standards and our policies
we also may use the information in other ways for which we provide specific notice at the time of collection.

Credit Card Authorization and Credit Card Information

We will not charge your credit card at the time of your booking. Your card will be charged at the time of your booking or product purchase.

For spa reservations, your credit card information is only required at the time of reservation to guarantee your booking and subject to the terms and conditions provided by the spa where you book your service. For product purchases, your credit card will be charged upon placement of the order for the product.

Disclosure of Information

We cannot ensure that all of your personally identifiable information will never be disclosed in ways not described in this privacy policy. For example, we may be required to disclose personally identifiable information to the government, law enforcement or legal counsel (e.g. by court order).

Your Rights and Choices
We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. to update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified below.

Withdrawing Consent
You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. we will apply your preferences going forward. in some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.

Reviewing, Updating and Modifying you Personal Information
subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. the right to access personal information may be limited in some circumstances by local law requirements. you may request to review, change or delete your personal information by sending an email to info@botanicalsspa.com.

Data Transfers
we may transfer the personal information we collect about you to countries other than the country in which the information was originally collected. those countries may not have the same data protection laws as the country in which you initially provided the information. when we transfer your information to other countries, we will protect that information as described in this privacy policy.

Children’s Privacy
If you are under thirteen years of age, you may browse our site. however, you may not provide personal information to us. this site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. if we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.

How We Protect Personal Information
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

E-mail Opt Out
you can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below. you may also opt out of receiving marketing emails from Botanicals Skin Bar LLC/DBA Botanicals Spa.

Security Measures

We use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our website. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

Updates to Our Privacy Policy
this privacy policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. we will post a prominent notice on our website to notify you of any significant changes to our privacy policy and indicate at the top of the policy when it was most recently updated.

Botanicals Skin Bar LLC/DBA Botanicals Spa Terms and Conditions

TERMS OF USE: WEBSITE

All material found in the pages of this Website is protected under the copyright laws of the United States and of other countries. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, trademarks or service marks of Botanicals Skin Bar LLC/DBA Botanicals Spa. The display of trademarks, trade names or service marks on pages at this Website does not imply that a license of any kind has been granted to anyone else.

Any unauthorized downloading, transmission, republication or other copying or modification of material posted on this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.

Botanicals Skin Bar LLC/DBA Botanicals Spa reserves the right to take legal action against any unauthorized use of the trade-names, trademarks, and images of Botanicals Skin Bar LLC/DBA Botanicals Spa and its affiliates found on this website.

DISCLAIMER OF WARRANTIES
Botanicals Skin Bar LLC/DBA Botanicals Spa compiled the information on this Website for the use of guests, prospective guests. The information, material and software algorithms contained in this Website or which may be downloaded from this Website, including text, graphics, and hyperlinks are provided ‘as is’ and ‘as available’.

The information and material contained in this Website are believed to be accurate and complete at the time of their posting. Although Botanicals Skin Bar LLC/DBA Botanicals Spa attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and Botanicals Skin Bar LLC/DBA Botanicals Spadoes not warrant their accuracy, completeness, and currency at all times.

No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third-party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and software algorithms.

EXCLUSION OF LIABILITY
In no event will Botanicals Skin Bar LLC/DBA Botanicals Spa be liable for any damages, including without limitation, direct or indirect, special, incidental, moral or consequential damages, loss of profits, opportunities or information or for expenses arising in connection with this Website, any software algorithms available on this Website, nor with any hyperlinked website or for the use of or the inability to use such material, software algorithms or hyperlinked website by interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Botanicals Skin Bar LLC/DBA Botanicals Spa is advised of the possibility of such damages, losses or expenses. Software algorithms made available and hyperlinks to other Internet resources are at your own risk. The content, accuracy, opinions expressed, and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by Botanicals Skin Bar LLC/DBA Botanicals Spa.

LINKS TO THIRD PARTY WEBSITES
Botanicals Skin Bar LLC/DBA Botanicals Spadoes not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Botanicals Skin Bar LLC/DBA Botanicals Spa provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Botanicals Skin Bar LLC/DBA Botanicals Spa of the linked website or any information contained in it.

TERMS AND CONDITIONS: SERVICES

REPRESENTATIONS AND WARRANTY

Botanicals Skin Bar LLC/DBA Botanicals Spa represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms.

Botanicals Skin Bar LLC/DBA Botanicals Spa shall not be liable for a breach of the warranty set forth in this section unless Customer gives written notice of the defective Services, reasonably described, to Botanicals Skin Bar LLC/DBA Botanicals Spa within ten (10) days of the time when Customer discovers or ought to have discovered that the Services were defective. Subject to this section, Botanicals Skin Bar LLC/DBA Botanicals Spa shall, in its sole discretion, either:(i) repair or re-perform such Services (or the defective part); or (ii) credit or refund the price of such Services at the pro rata contract rate. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE WARRANTY SET FORTH IN SECTION ABOVE, BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA.

The limitation of liability set forth in the Section above shall not apply to (i) liability resulting from Botanicals Skin Bar LLC/DBA Botanicals Spa gross negligence or willful misconduct and (ii) death or bodily injury resulting from Botanicals Skin Bar LLC/DBA Botanicals Spa's negligent acts or omissions.

TERMS AND CONDITIONS: GOODS

EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY GOODS SOLD OR MANUFACTURED BY BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA , INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; [OR] (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; [OR (c) WARRANTY OF TITLE;] [OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;] WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Botanicals Skin Bar LLC/DBA Botanicals Spa shall not be liable for a breach of the warranties set forth in this Section unless: (i) Customer gives written notice of the defective Goods or Services, as the case may be, reasonably described, to Botanicals Skin Bar LLC/DBA Botanicals Spa within ten (10) days of the time when Customer discovers or ought to have discovered the defect; (ii) if applicable, Botanicals Skin Bar LLC/DBA Botanicals Spa is given a reasonable opportunity after receiving the notice of breach of the warranty to examine such Goods and Customer (if requested to do so by Botanicals Skin Bar LLC/DBA Botanicals Spa) returns such Goods to Botanicals Skin Bar LLC/DBA Botanicals Spa place of business at Botanicals Skin Bar LLC/DBA Botanicals Spa cost, for the examination to take place there; and (iii) Botanicals Skin Bar LLC/DBA Botanicals Spa reasonably verifies Customer’s claim that the Goods are defective.

Botanicals Skin Bar LLC/DBA Botanicals Spa shall not be liable for a breach of the warranty set forth in this section if: (i) Customer makes any further use of such Goods after giving such notice; (ii) the defect arises because: Customer failed to follow Botanicals Skin Bar LLC/DBA Botanicals Spa oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Customer alters or repairs such Goods without the prior written consent of Botanicals Skin Bar LLC/DBA Botanicals Spa.

Subject to this section above, with respect to any such Goods during the Warranty Period, Botanicals Skin Bar LLC/DBA Botanicals Spa shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund to the Customer account the price of such Goods at the pro rata contract rate provided that, if Botanicals Skin Bar LLC/DBA Botanicals Spa so requests, Customer shall, at Seller’s expense, return such Goods to Seller.

THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND BOTANICALS SKIN BAR LLC/DBA BOTANICALS SPA ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION.

LIMITATION OF LIABILITY

The limitation of liability set forth in the Section above shall not apply to (i) liability resulting from Botanicals Skin Bar LLC/DBA Botanicals Spa's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Botanicals Skin Bar LLC/DBA Botanicals Spa's negligent acts or omissions.

GENERAL TERMS: APPLICABLE TO WEBSITE USE, PRODUCTS & SERVICES

WAIVER

No waiver by Botanicals Skin Bar LLC/DBA Botanicals Spa of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Botanicals Skin Bar LLC/DBA Botanicals Spa. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

FORCE MAJURE

Botanicals Skin Bar LLC/DBA Botanicals Spa shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Botanicals Skin Bar LLC/DBA Botanicals Spa including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

ASSIGNMENT

Customer shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Botanicals Skin Bar LLC/DBA Botanicals Spa. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms.

NO THIRD-PARTY BENEFICIARIES

These Terms is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

‌ GOVERNING LAW

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

SUBMISSION TO JURISDICTION

Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of Saratoga Springs and County of Saratoga and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

NOTICES

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid).

SEVERABILITY

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

SURVIVAL

Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms.

Gift Card Policy

Gift Cards sold by Botanicals Skin Bar LLC/DBA Botanicals Spa represents a pre-payment for goods and services of Botanicals Skin Bar LLC/DBA Botanicals Spa. Usage constitutes acceptance of all terms and conditions, which are subject to change, and may be found on our website referenced below. This Gift Card must be presented at the time of service/purchase. This is not a credit card, debit card, asset account, or deposit account and is not valid for payment against credit cards balances. Merchant is not responsible for lost, stolen, damaged or unauthorized use of cards. This card is not redeemable for cash or transferrable unless required by law. All prices are subject to change. This card may not be used for gratuities. There is no expiration date.

For Cards Sold Prior to January 1, 2023: There is no expiration date, however a $2.50 service fee per month charge will be deducted from all gift cards purchased more than two (2) years from the date of purchase. As of January 1, 2023, The State of New York State changed laws pertaining to gift cards and inactivity fees.

Shipping and Return Policy (CLICK HERE)

General

If you have any questions in regards to our terms of conditions, policies, privacy statement please send them to:

Botanicals Skin Bar LLC/DBA Botanicals Spa
130 Excelsior Avenue, Suite 106
Saratoga Springs, NY 12866
U.S.A.

Phone (518) 306-4108
Email: info@botanicalsspa.com

Privacy statement updated April 15, 2024