Terms & Conditions
By accessing and using this website (this “Site”) and purchasing products or services on it, you agree to abide by these Terms & Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site. This Site is operated by NXT Labs, llc. or one of its affiliates (“the Company,” “us,” “our(s),” or “we”). We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
By accessing, using, or placing an order on this Site, you certify that you are at least eighteen (18) years of age.
PAYMENT AND PROCESSING
All online orders must be made via credit or debit card and will be processed through Square®, which is mandatory for all transactions conducted through this Site. We process payment once your order is placed; however, we will not ship your order until after processing. We take up to five days to process your order, depending on the size of your order.
You are responsible for all sales tax or other applicable taxes, other than income taxes, as well as necessary shipping, storage, or handling costs, if any, incurred in connection with your order.
By utilizing a credit card or debit card (“Card”) to pay for the products, you authorize the Company to charge the full amount reflected on your purchase order to the Card that you provide in connection with the sale. You agree that, except as otherwise provided herein, all Card payments to the Company are nonrefundable. You further agree that you shall not initiate or request any chargeback or associated amounts (a “Chargeback”) from the Card issuer, the issuing bank, or the Card processor. In the event you violate this provision, you shall be solely and exclusively responsible for any Chargeback and for reimbursing the Company in full, within seven (7) days, in the event of any Chargeback.
RETURNS AND CANCELLATIONS
Without limiting any provision herein, to the extent the Company, in its sole discretion, allows you to return any products (except for products returned under the “RIGHT OF INSPECTION” section below) or otherwise cancel your order before we have delivered or shipped the products, you will be responsible for paying the Company a restocking fee. For raw material purchases (e.g., CBD Isolate or CBD Distillate), the restocking fee is five percent (5%) of the total purchase price of your order. For finished goods, the restocking fee is fifteen percent (15%) of the total purchase price of your order. You agree to pay the applicable restocking fee before the Company permits the return of the products or the cancellation of your order (as applicable).
To request a return, please contact email@example.com.
Once we have processed your order, we aim to ship your order as promptly as possible. Orders will be shipped through UPS® Ground within 5 business days of placing your order.
DELIVERY/RISK OF LOSS
The Company shall ship the product to the shipping address you provide during your order. The title and risk of loss will transfer from the Company to you upon shipment of the products.
You agree to maintain all records necessary to comply with all applicable laws relating to the sale, storage and shipment of the products in your order. The Company will do the same. All such records shall be maintained for such period as may be required by applicable law.
USE OF IMAGES AND MARKS
You may not use, or authorize others to use, the name, symbols, or marks of the Company in any advertising, marketing, or publicity material or make any form of representation or statement with regard to the services provided hereunder which would constitute an express or implied endorsement by the Company.
The Company, in the Company’s sole discretion, shall determine whether or if any products placed in the market by any party must be withdrawn or recalled from the market. In the event that the Company determines a recall is necessary, you agree to comply with the Company’s recall procedures.
RIGHT OF INSPECTION
Upon the Company supplying products to you pursuant to your order, you will have seven days to inspect the shipment of products upon receipt to verify the shipment’s conformity to the specifications provided by the Company as of the time the Product was delivered to you. If you allege that any portion or all of any shipment of the products did not conform to the specifications provided as of the time it was delivered to you (each non-conforming product, a “Defective Product”), and the Company agrees with the claim, then you will be entitled to reject such portion that includes Defective Product. You must notify the Company in writing if the shipment of products includes Defective Products that existed at the time of the delivery of the products. Such notification shall be made as soon as reasonably practicable after discovery of the nonconformity, but not later than seven days after delivery. The notice must: (i) specify the reasons for rejection, and (ii) contain the testing results and methodology used to determine the non-conformance of the products. If you do not so reject the products within seven days after delivery, you will be deemed to have accepted the products.
If a notice of rejection is received by the Company within the time frame set forth above, you will cooperate with the Company in determining whether such rejection is justified. The Company will notify you as soon as reasonably possible, but no later than twenty-one days after receipt of your notice, whether it accepts your basis for rejection. If you and the Company are unable to agree, then we will select an independent third party to determine whether the product conforms with your order (the “Third Party Determination”). If the third-party determines that the product conformed to specifications as of the time the product was delivered to you, then you will be deemed to have accepted the product at the agreed-upon price and you will bear the cost of the Third Party Determination. If the third-party determines the products did not conform to the specifications at the time the product was delivered to you, your sole and exclusive remedy shall be to return the non-conforming product, and the Company will refund the money you paid for the non-conforming product. We will also bear the cost of the Third-Party Determination.
LIMITED WARRANTY AND ACKNOWLEDGMENT
The Company warrants that the products will comply with the Company’s specifications as of the date they are shipped to you. Except for the foregoing, you acknowledge that you have not relied on, and the Company has not made, any representations or warranties with respect to the quality or condition of the products. You acknowledge that you are purchasing the products on an “as is” basis. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE PRODUCTS.
Products manufactured by a third party (“Third Party Product(s)”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third-Party Products are not covered by the warranty set forth in Section 11(A). For the avoidance of doubt, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
The Company shall not be liable for a breach of the warranty set forth in Section 11(A) unless: (i) you give written notice of the defect, reasonably described, to the Company within 3 days of the time when you discover or should have discovered the defect; (ii) the Company is given a reasonable opportunity after receiving the notice to examine the products and you (if requested to do so by us) return the products to our place of business at your sole cost; and (iii) we reasonably verify your claim that the Products are defective.
The Company shall not be liable for a breach of the warranty set forth in Section 11(A) if: (i) you use the products after giving notice of an alleged warranty breach; (ii) the defect arises because you failed to follow any applicable instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair the products without our prior written consent.
Subject to the provisions set forth in this Section, with respect to any such products entitled to warranty coverage by the Company, we will, in our sole discretion, either: (i) repair or replace the products (or the defective part), and you will pay for all applicable shipping costs, or (ii) credit or refund the price of the products (excluding any shipping costs) at the pro rata contract rate; provided that, if we so request, you shall, at our expense, return the products to us. THE REMEDIES SET FORTH IN SECTION 11(E) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(A).
BUYER’S REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) you will not make any false claims in any packaging, labeling, advertising, promotional material, or other sales and marketing efforts regarding the products; (ii) you will comply with all applicable laws relevant to the products and your purchase order and will actively assist the Company in its compliance with same; and (iii) that you have sole and exclusive responsibility for determining whether the products (including the shipment, transportation, storage, sale, importation, or manufacture thereof) comply with applicable laws, including, but not limited to, the laws in your state of importation, purchase, or residency. You will immediately cease distribution of any products purchased from the Company to the extent reasonably required in the Company’s reasonable discretion in connection with the Company’s efforts to cooperate or comply with any actual or potential government action relevant to any product.
STATEMENTS REGARDING PRODUCTS
All information provided by the Company, through the Site, or from other information provided over the phone, email, or any other transmission is purely for educational and informational purposes. This should never be interpreted as a recommendation to undertake a specific action or as a claim to any particular product. Using the information for legal or illegal activities is at your own risk. The Company does not guarantee that any information on the Site is up-to-date or otherwise accurate.
Our products do not have any medical value. Our products may not be used as a medicine or as a replacement for medicines.
All graphics on this site are for illustration purposes only. We reserve the right to change branding and packaging without notice. All illustrations, pictures, design, text, marks, and logos on this Site are copyrighted. Any commercial use of any of these contents is strictly prohibited without the written permission of the Company.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE GOODS EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU FOR THE PRODUCTS SOLD HEREUNDER. The limitation of liability shall not apply to liability resulting from the Company’s willful or intentional misconduct.
The Company shall not be liable or responsible for any failure or delay in fulfilling or performing any these Terms when and to the extent the failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including, but not limited to, 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, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage; provided that, if the event in question continues for a continuous period in excess of 30 days, you will be entitled to terminate your purchase with the Company.
LAST UPDATED March 27, 2020.