The following terms and conditions of use (the “Terms and Conditions”) govern your use of blendedbuds.ca (the “Website”) and/or the purchase and sale of cannabis products (the “Product”) through the Website. This Website is made available by the owners of Blended Buds Cannabis Inc. (the “Website Proprietor” or “we” or “us”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this Website agree that access to and use of this Website is subject to the Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Website. By using the Website following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions as of the last updated date.
LEGAL CAPACITY
You represent and warrant that you possess the legal right and capacity to agree to these Terms and Conditions and use this Website in accordance with them. You may not use this Website or order any Product from this Website if you: (i) do not agree to these Terms and Conditions; (ii) are not at least 19 years of age; or (iii) are prohibited from accessing or using this Website or Product by applicable law.
ORDER ACCEPTANCE
You agree that your order through this Website is an offer to buy, under these Terms and Conditions, all Product listed in your order. All orders must be accepted by us or we will not be obligated to sell the Product to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
The Website Proprietor reserves the right to refuse, revise, reject or cancel any order you place though the Website. We also reserve the right to limit the quantities of any Product ordered through the Website. You represent and warrant that you are not purchasing any Product from this Website with the intention of delivering the Product to another person for compensation. The Website Proprietor reserves the right to reject and cancel orders that, in its sole discretion, do not appear to be placed by individuals or appear to be placed by an individual with the intention to deliver the Product to another person for compensation.
PAYMENT
The current fees for the Product are listed in Canadian currency on the Website. We reserve the right to change the fees for Product at any time.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept approved credit cards from Visa, Mastercard and American Express as well as Visa Debit, Debit Mastercard, Discover, JCB, and Unionpay cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
RETURN AND CANCELLATION
You are solely responsible for the accuracy of orders placed through the Website. To request an order cancellation, you must contact the Website Proprietor at [email protected] We will have the sole discretion to determine if an order can be cancelled. If we determine that the order cannot be cancelled, it will be shipped as ordered and you will be charged accordingly.
Delivered Product may not appear exactly as shown on the Website.
Return Policy
1. Sales of cannabis products or accessories by Blended Buds Cannabis to customers are considered final, except in the case of a defective product, which must meet at least one of the following criteria:
• cannot be consumed due to a technical or packaging issue;
• is not fit for use or consumption, for reasons including the presence of mold, fungus, or another foreign contaminant; or
• is not fit for sale, for reasons including defects, mislabeling, or product damage.
2. For items eligible for return under this policy, Blended Buds will:
• issue an exchange on the product provided it is in stock, or the equivalent value of the product at the time of purchase, if not in stock.
4.Returns will be accepted only if meeting the following criteria and reporting timeline:
• Products with a concealed defect that can only be discovered by opening the package and attempting to use or consume it must be reported by the customer to Blended Buds Cannabis within 15 days of retail purchase to be eligible for return; and
• the retail customer provides the original package of the retail purchase with receipt.
5. Requests by retail customers seeking to return a defective product that has been purchased at Blended Buds Cannabis will be granted only if:
• the criteria and reporting timelines are met in Section 4 of the policy;
• the retail customer returned the item to Blended Buds Cannabis within 15 days of retail purchase; and
• the customer provides copies of the retail purchase receipt and original packaging.
6. Matters related to manufacturer warranties must be directed to the manufacturer, not Blended Buds Cannabis.
7. Products that do not meet the return eligibility criteria are ineligible for return. This includes return requests based on factors including, but not limited to taste, moisture content, effect, burn characteristics, product weight (if within Health Canada tolerances), and/ or cultivation failure of cannabis seeds.
8. Blended Buds Cannabis reserves the right to exercise its judgement related to any areas not clearly defined within this policy and to make exceptions as required for extenuating circumstances.
9. Returns requests and enquiries should be directed to a Blended Buds Cannabis in store manager in person or by phone (250-545-5584), followed by email ([email protected]) when applicable.
DELIVERY, TITLE, AND RISK OF LOSS
We will arrange for delivery of the Product to you. You will pay all delivery charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the Product to the carrier. Delivery times and dates are estimates only and cannot be guaranteed. We are not liable for any delays in delivery.
Upon delivery of your Product, the person receiving the Product must present proof that he/ she is 19 years of age or older by providing one piece of government-issued identification including a valid driver’s license, passport or citizenship card and must provide a signature to indicate acceptance of the Product. If there is no recipient at the delivery address to provide proof of age and a signature, your Product will be returned to the Website Proprietor.
PROPRIETARY RIGHTS
As between you and the Website Proprietor, the Website Proprietor licenses or owns, solely and exclusively, all rights, title and interest in and to the Website, all the content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to all intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on the Website. Any commercial use or exploitation of the Website is strictly prohibited. You may view the content on the Website on your personal computer or other internet-compatible device for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Website. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Third party marks are the property of their respective owners.
PRIVACY
We respect your privacy and are committed to protecting it. Our Website Privacy Policy [NTD: insert link to privacy policy], governs the processing of all personal data collected from you in connection with your use of the Website and/or purchase of Product through the Website and you hereby consent to the collection, use and disclosure of your personal information in accordance with our Website Privacy Policy.
USER CONDUCT
You warrant and agree that, while using the Website, you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful; (c) restrict or inhibit any other user from using and enjoying the Website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Website; or (d) attempt to gain unauthorized access to other computer systems through the Website. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You agree to defend, indemnify and hold the Website Proprietor and its directors, officers, employees, agents, representatives, affiliates, successors and assigns harmless from any and all fines, penalties, charges, claims, suits, actions, proceedings, losses, economic losses, loss of profits, damages (whether direct or indirect), liabilities, costs and expenses whatsoever, including reasonable lawyer’s fees related to or arising in any way, directly or indirectly from: (a) your use or misuse of the Website; (b) your placement or transmission of any message, content, information, software or other materials through the Website; or (c) your breach or violation of the law or of these Terms and Conditions.
YOUR ACCOUNT AND PASSWORD
We may enable you to establish an account on the Website with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify the Website Proprietor when you desire to cancel your account on the Website. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
ERRORS AND OMISSIONS
The Website Proprietor will not be held liable for any errors or omissions on the Website, including without limitation those that relate to Product descriptions, pricing, shipping charges, transit times and availability. The Website Proprietor reserves the right, at any time and without prior written notice (including after you have submitted your order), to correct any errors or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE PURCHASING THE PRODUCT ON AN “AS IS”, “WHERE IS” BASIS AND THE WEBSITE PROPRIETOR MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY RELATED TO THIRD PARTY SERVICES, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT ANY FILES OR OTHER DATA THAT YOU DOWLOAD FROM THE WEBSITE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS.
LIMITATION OF LIABILITY
You agree that any Product purchased by you will be used for lawful purposes only. Use of the Product is entirely at the risk and discretion of the user and we will not be responsible for any use or misuse of the Product purchased by you.
IN NO EVENT SHALL THE WEBSITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR PURCHASE AND USE OF THE PRODUCT OR THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.
THE WEBSITE PROPRIETOR’S ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED THROUGH OUR WEBSITE.
INDEMNITY
You shall indemnify the Website Proprietor, and its affiliates, or its or their directors, officers, employees, agents, representatives, successors and assigns (the “Indemnitees”) and hold the Indemnitees harmless against any and all actions, causes of action, claims, demands, proceedings, suits, losses, damages, costs, and expenses (including reasonable legal fees on a solicitor client basis), including without limitation liability or loss of all persons for injury, sickness, and/or death and for property damage, (“Claims”) resulting from or arising out of: (a) your use of the Website or any breach in the performance of your covenants or obligations under these Terms and Conditions; (b) any negligence or willful misconduct by you; (c) any use, including improper use, of any Product purchased by you by any person; (d) any injuries to or death of any and all individuals, including, without limitation, members of general public arising out of or connected in any manner with any use of any Product purchased by you by any person or your failure to warn any person about risks relating to any Product purchased by you; (e) any damages to, loss, and/or destruction of property, arising out of or connected in any manner with use of any Product by any person, including, without limitation, your failure to warn any person about risks relating to the Product; or (f) any third party claims of any kind, whether based upon negligence, strict liability or otherwise, arising out of or connected in any manner to your acts or omissions.
LINKS FROM AND TO THE WEBSITE
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Website and you access such linked websites at your own risk. Links to websites do not constitute an endorsement by or association with us of such websites or the content, products, advertising, or other materials presented on such websites. You acknowledge and agree that we are not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked websites.
APPLICABLE LAWS
We control and operate this Website from our offices in British Columbia Canada. We do not represent that use of the Website and the purchase and use of the Product are appropriate or lawful in other locations. Persons who choose to access this Website and purchase Product from this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MISCELLANEOUS
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You agree that any use of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the Province of British Columbia. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website, purchase of the Product, or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
