Terms and Conditions for Website Use
Welcome to CannabisDispensary.ca [“Web Site”]. This Web Site is owned and operated by The Medicinal Cannabis Dispensary (TMCD). Please read these Terms and Conditions of Use [“Terms”] carefully before using our Web Site and Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that TMCD has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the terms hereof. If you do not agree to these terms, please cancel your order and exit our Web Site immediately. TMCD reserves the right to modify or amend the Terms from time to time without notice. Your continued use of this Web Site following the posting of changes to these terms will mean you accept those changes. Additional Terms and Conditions may apply to the purchase of products, such as our shipping and return policies. By using CannabisDispensary.ca you agree to such Terms and Conditions, as well as these Terms and our Privacy Policy [collectively, the [“Agreement”].
The Terms and Conditions set forth here, are the Terms and Conditions when purchasing from CannabisDispensary.ca
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are 19 years of age or older.
You may not use our products for resale.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of this service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by TMCD.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Availability
TMCD does not guarantee that products and Services advertised on our website will be available when ordered or thereafter.
TMCD will contact you if an item chosen requires a replacement.
Payment Terms
Payment is due by Interac e-Transfer. Orders are processed ONLY upon receipt of payment. Orders that do not have an accompanying payment will be cancelled within 48 hours if payment is not received.
TMCD asks that anyone sending an etransfer leave the note blank. Anything relating to cannabis in the “notes” field of your e transfer will be immediately cancelled and you will be asked to send your etransfer again as TMCD requests.
No C.O.D. orders are accepted. No Personal Cheques are accepted.
If you are a Medical Member of TMCD and have extenuating circumstances, please contact [email protected] for assistance in acquiring your medicine.
Exchanges/Returns/Refunds
All sales are final.
We do not accept returns or exchanges.
Prices
Prices shown on TMCD’s website do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify TMCD of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Shipping
Orders only ship on business days, which are Monday – Friday.
TMCD does not ship outside of Canada.
TMCD charges a flat rate of $20 shipping on orders.
TMCD offers free shipping on orders $299 CAD and over.
TMCD Members receive free shipping.
TMCD asks that if your package has not arrived within 5 business days that you notify [email protected]
TMCD asks that you DO NOT contact Canada Posts yourself if your package does not arrive. As senders of the package, it is TMCD’s responsibility to contact the carrier to investigate the lost package.
If your package has not arrived, we will track the package and work with our carrier to locate it. If we deem the package lost, a replacement package will be provided at no cost to you.
If the recipient contact Canada Post, they will negate any package guarantee and possibly have their user account deactivated.
TMCD will view any missing package on a case by case basis to determine the steps that will follow.
If the recipient contacts Canada Post, they will negate any package guarantee and possibly have their user account deactivated.
Risks during Shipping
When products are shipped to you by common carrier, TMCD’s liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier’s Terms and Conditions of carriage.
TMCD products are noted specifically if they are subject to melting through the spring/summer temperatures. While TMCD takes precautions to keep the product cool while shipping, we cannot guarantee they will stay cool all the way through transit. Therefore, we will not provide a replacement for these items.
Order Cancellations & Changes
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible at [email protected] to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our warehouse for fulfillment very soon after they are placed. Due to difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.
Errors, Misprints, and Omissions
Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. TMCD makes no warranty that the content of the website is accurate or complete.
Prior to shipment or delivery of any order, TMCD may cancel, reject, correct, or terminate any order for products for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. TMCD may cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your funds transfer has been sent or received.
TMCD is not obligated to complete any sale of products based on errors, misprints, or omissions on our website.
TMCD may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products available on the website, or the prices, fees, description, and specifications of such products; (c) limit quantities, promotional or otherwise, available for sale.
Limitation of Liability
The maximum liability to you for products purchased from TMCD shall be limited to the purchase price you have paid for the products. Also, TMCD will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
TMCD reserves the right to change or to cancel it at any time before accepting your order.
Interpretation
These Terms and Conditions shall be interpreted under and governed by the laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of these Terms and Conditions.
Arbitration
All dispute, controversy, or claim against TMCD arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and TMCD. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney’s fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator’s fees, if any) in the proportion that the final award bears to the amount of the initial claim.
No Modification
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by TMCD. These Terms and Conditions may not be modified, altered or amended without the written agreement of TMCD.
Severability
If any provision of these Terms and Conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
General
You may not assign this agreement without TMCD’s prior written consent. TMCD is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from TMCD, this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of TMCD are strictly prohibited. TMCD reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
JURISDICTION & GOVERNING LAW
The laws of the Province of British Columbia and any applicable federal laws of Canada shall exclusively govern your use of the Website and the interpretation of these Terms. This clause applies regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the applicable forum of the Province of British Columbia.
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