Shipping Terms

Updated: March 8, 2019

INTRODUCTION

Welcome to LeafyQuick’s shipping services (“LeafyQuick Shipping”). These Shipping Terms of Service (“Shipping Terms”) and the terms and conditions herein are an addendum to the LeafyQuick Terms of Service(“Agreement”) (collectively, the “LeafyQuick Terms”) and any additional subsidiaries and affiliates (collectively, “LeafyQuick”). Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Shipping Terms apply to your purchase, receipt, and use of legal industrial hemp-derived products or accessories available for purchase from LeafyQuick, or any other items sent to you via LeafyQuick Shipping (collectively, “Products”).

YOUR USE OF LEAFYQUICK SHIPPING IS SUBJECT TO THE DISPUTE RESOLUTION SECTION OF THE LEAFYQUICK TERMS OF SERVICE. THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND LEAFYQUICK TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CAREFULLY. BY ENTERING INTO THE AGREEMENT AND AGREEING TO THESE SHIPPING TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE LEAFYQUICK TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Acceptance of the Shipping Terms

By accessing or using LeafyQuick Shipping or accepting the Agreement, you hereby expressly acknowledge and agree to be bound by the Shipping Terms. The Shipping Terms are part of, and are governed by, the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service. In the event of any conflict between the LeafyQuick Terms and the Shipping Terms, the Shipping Terms will control for any matters relating to or arising from the use of LeafyQuick Shipping.

DISCLAIMERS & ACKNOWLEDGEMENTS

By accessing or using LeafyQuick Shipping or otherwise accepting the LeafyQuick Terms, you agree to and acknowledge the following:

LeafyQuick Shipping does not provide, sell, or ship medical or adult-use cannabis or cannabis products that meet the definition of “marihuana” under 21 U.S.C. § 820(16) (to be referred to hereinafter as “marijuana”).

Many of the Products available via LeafyQuick Shipping contain industrial hemp-derived cannabidiol or “CBD.” Industrial hemp is defined as the plant cannabis sativa L. that contains less than .3% THC on a dry weight basis.

LeafyQuick does not cultivate or manufacture hemp, nor does it package, label, or test Products. Through LeafyQuick Shipping, LeafyQuick resells Products purchased from third parties to you for individual purchase and personal use.

LeafyQuick does not sell or facilitate the sale of marijuana. You further acknowledge and agree that any purchase you make from LeafyQuick cannot and will not be combined, commingled, or associated with any purchase from a Retailer that sells marijuana products via other aspects of the LeafyQuick Platform.

Acknowledgment Of Federal Law

You expressly acknowledge and agree that LeafyQuick Shipping operates under applicable federal law, which may be different from federal law applicable to other aspects of the LeafyQuick Platform, and it is your responsibility to review applicable federal laws to determine whether you are legally able to purchase, possess, or use Products available via LeafyQuick Shipping. Furthermore, you acknowledge, agree, and understand that your purchase and use of Products available via LeafyQuick Shipping is subject to oversight of regulatory bodies such as the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”). You acknowledge and agree that LeafyQuick shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.

Acknowledgment Of State And Other Applicable Laws

You expressly acknowledge that sales or use of Products available via LeafyQuick Shipping may be regulated under applicable state, local, or international laws. LeafyQuick Shipping is not available in all states. You acknowledge that your use of LeafyQuick Shipping or Products available via LeafyQuick Shipping is subject to such laws, and that it is your responsibility to review the laws of your state and to know whether you are legally able to purchase, receive, possess, or use Products available via LeafyQuick Shipping. You acknowledge and agree that LeafyQuick shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.

Health Information

Any statements on the LeafyQuick Platform or on any Products available via LeafyQuick Shipping have not been evaluated by the FDA. Some or all of the Products and/or ingredients in any of the Products available via LeafyQuick Shipping have not been approved or endorsed by the FDA or any regulatory agency. The Products available via LeafyQuick Shipping are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. THE INFORMATION PROVIDED IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN BEFORE USING THE PRODUCTS. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our Products.

SHIPPING, RETURNS, & REFUNDS

Shipping Policy

Products available via LeafyQuick Shipping are shipped to an address designated by you, provided that such address is within the LeafyQuick Shipping Service Areas, which are determined solely by LeafyQuick.

Product orders can take multiple business days to be processed and shipped. Products are shipped utilizing a third-party logistics provider who sends Products and accessories via ground shipping. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products purchased via LeafyQuick Shipping passes to you upon shipment. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

All Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, or to discontinue offering certain Products without prior notice and in our sole discretion.

Billing & Fees

LeafyQuick uses a third-party payment processor (“Payment Vendor”) to bill your purchase of Products via LeafyQuick Shipping. By choosing to purchase products via LeafyQuick Shipping, you authorize the Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of the applicable Payment Vendor.

Any fees that LeafyQuick charges you for Products purchased via LeafyQuick Shipping are due immediately. In addition to any other Charges described in the Agreement, Charges through LeafyQuick Shipping may include applicable Shipping Fees due at the time of checkout.

Refunds & Exchanges

If you are unhappy with your purchase, please contact Customer Support by emailing support@LeafyQuick.com. Product purchases may be exchanged or refunded within 30 days of delivery. Once your return is received and accepted, please allow 48 – 72 hours for your refund to be processed. Credit times will vary depending on your bank provider. Refunds and exchanges may be subject to Shipping Fees and other Charges.

If you received products damaged during shipping, you must notify us within 48 hours of shipment delivery to qualify for an exchange of the exact product. Once the damaged product has been received, a new order will be shipped out to you free of charge.

If you are eligible for a refund you will be credited to the original form of payment used for the original transaction, or given credits to your Account.

This policy shall apply at all times regardless of your decision to terminate your usage, LeafyQuick’s decision to terminate your usage, disruption caused to the LeafyQuick Platform (either planned, accidental or intentional), other delays or disruptions, or any other reason whatsoever. Your refund or exchange may be denied if we determine that your request is based on or related to misuse, abuse, or fraudulent activity.

GENERAL

If any provision of these Shipping Terms is held to be invalid or unenforceable, you and LeafyQuick agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of LeafyQuick to enforce any right or provision in these Shipping Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LeafyQuick in writing.

 

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