TERMS AND CONDITIONS OF SALE

Effective as of the date of your purchase

1. DEFINITIONS

1.1 “Seller” means The New CAPITAList LLC (Mr Nice Ky).

1.2 “Buyer” means the legal entity or individual purchasing Goods from Seller.

1.3 “Goods” means the products offered by Seller and/or purchased by Buyer, including (but not limited to): bulk botanicals such as Kratom (Mitragyna speciosa), Kava, Kanna, etc, and other research or traditional-use materials.

1.4 “Offer,” “Order,” and “Contract” have their ordinary meanings in commercial transactions.

1.5 “Courier” means the shipping company responsible for delivering your order.

2. ACCEPTANCE

All sales are subject to these Terms and Conditions. By placing an order or clicking “Place Order” / “I Agree,” you acknowledge that you have read, understood, and agree to these Terms in full, including the Assumption of Risk and specific product warnings.

3. ESTIMATED SHIPPING & DELIVERY

Orders are generally processed and shipped within 3 business days. Delivery is typically estimated within 2–3 business days via USPS Priority Mail or UPS Ground. Seller reserves the right to select the Courier (Buyer’s selection of a Courier is to be understood as a preference only). Delivery times are estimates only and subject to carrier delays. Each order receives a tracking number. Read the full Shipping and Delivery Policy HERE.

4. PACKAGING & PRIVACY

Seller uses plain or recycled boxes with no visible business name or Kratom markings. Shipping labels show the business' name initials as the sender. Most items are sealed in airtight, resealable packaging. For damage claims, provide clear photographs within 48 hours.

5. SHIPPING RESTRICTIONS & BANNED JURISDICTIONS

Seller ships only to jurisdictions where the Goods are legal. Prohibited locations include (but are not limited to): Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont, Wisconsin; or the following counties*: Sarasota County (Florida), San Diego (California), Oceanside (California), Alton (Illinois), Jerseyville (Illinois), Edwardsville County (Illinois), Columbus (Mississippi), Union County (Mississippi).; and various international jurisdictions (Australia, Denmark, Finland, Malaysia, Thailand, UK, Vietnam, etc.). This list is not exhaustive. Buyer is solely responsible for verifying legality in the destination jurisdiction. Seller may cancel orders to prohibited areas.

6. ALL SALES ARE FINAL

Except as expressly provided in the separate Return & Refund Policy, all sales are final.

7. BUYER’S INTENDED USE, ASSUMPTION OF RISK, AND SPECIFIC WARNINGS

7.1 KRATOM (Mitragyna speciosa) – IMPORTANT SAFETY WARNINGS

WARNING – READ CAREFULLY

Kratom (Mitragyna speciosa) contains alkaloids, including mitragynine and 7-hydroxymitragynine, that can produce opioid-like effects. The FDA has warned consumers not to consume Kratom products. This product is not intended to diagnose, treat, cure, or prevent any disease.

Known and reported risks include, but are not limited to:

intoxication, physical and psychological dependence, addiction, tolerance, withdrawal symptoms, overdose, liver toxicity, seizures, respiratory depression, serious health consequences, side effects, and death.

Additional warnings:

• Do not use if you are pregnant, may become pregnant, or breastfeeding.

• Do not use if you have heart disease, high blood pressure, liver disorder, or other medical conditions.

• Do not use with alcohol, medications, or other substances without consulting a physician.

• Kratom may impair your ability to drive or operate machinery.

• Anything that feels good can be habit-forming. Consume mindfully. Do not consume every day. If you need more for the same effect, you have developed tolerance — stop using it.

• Avoid if you are in recovery or committed to being sober from substance abuse.

• Keep out of reach of children and animals.

• Discontinue use immediately if you experience negative effects and seek medical help if needed.

• Consult a healthcare professional before use, especially if taking any medication.

By purchasing Kratom or any Goods, Buyer expressly acknowledges these specific warnings, has had the opportunity to research the risks, and voluntarily assumes all risks of use, misuse, or foreseeable misuse. Buyer represents that the purchase is for lawful purposes only.

Kratom is sold as a bulk botanical with no directions or therapeutic claims.

7.2 Other Products

Nutritional supplements and general products are sold for use according to label instructions and only after consulting a healthcare professional. Research/laboratory materials are intended for laboratory or traditional non-consumptive uses and not for human consumption unless expressly stated. Buyer must be 21 years of age or older for all purchases.

7.3 “AS IS” and Disclaimer of Warranties

All Goods are sold “AS IS.” Seller disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

8. WEBSITE CONTENT & DISCLAIMERS

No statements on this Site have been evaluated by the FDA. Information is for educational purposes only and is not medical advice. Always consult a qualified healthcare professional. Individual results vary. Seller is not responsible for misuse of information or products.

9. AGE REQUIREMENT

Buyer must be 21 years of age or older to purchase any Goods. By ordering, you represent that you are 21 or older and will provide proof of age upon request.

10. LOCAL LAWS & COMPLIANCE

Buyer is solely responsible for compliance with all applicable laws in the destination jurisdiction. Seller deems offers void where prohibited. Buyer represents the shipping address is in a legal jurisdiction and will not transport Goods to prohibited areas.

11. RESOLVING DISPUTES – MEDIATION & ARBITRATION

The parties agree to good-faith mediation in Lane County, Oregon before a mutually agreed mediator. If unsuccessful, disputes shall be resolved by binding arbitration in Lane County, Oregon before a mutually agreed arbitrator.

CLASS ACTION WAIVER: Any proceeding shall be limited to individual claims. Buyer waives the right to participate in any class, collective, or representative action.

12. CHOICE OF LAW AND VENUE

These Terms are governed by the laws of the State of Oregon. All disputes shall be resolved exclusively in the state or federal courts of Oregon. Buyer waives objections to venue.

13. LIMITATION OF LIABILITY & INDEMNIFICATION

To the fullest extent permitted by law, Buyer assumes all risk of injury, loss, or damage arising from the purchase or use of the Goods. Seller’s liability is limited to the purchase price of the Goods. Buyer agrees to indemnify and hold harmless Seller, its owners, officers, employees, resellers, and affiliates from any claims arising from Buyer’s purchase, use, or misuse of the Goods.

14. OWNERSHIP & CONTACT

You are transacting with:

The New CAPITAList LLC (dba Mr Nice Ky)
1292 High St #1016
Eugene OR 97401-3238

Phone: (844) 744-9646 ext. 869
Email: support@mrnicekykratom.com

15. ENTIRE AGREEMENT

These Terms and Conditions, together with the separate Return & Refund Policy, Privacy Policy, and Shipping Policy constitute the entire agreement and supersede all prior agreements. If any provision is unenforceable, the remainder remains in effect.

BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE SPECIFIC WARNINGS AND ASSUMPTION OF RISK IN SECTION 7.