Terms and Conditions (“Terms”)

Last updated: March 24, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.CannaBiscayne.com website operated by One Fine Thing, LLC. known collectively as “Seller”. These Terms apply to all visitors, customers, users and others (herein referred to collectively as “Users”) who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

CannaBiscayne® is a registered trademark.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number, email, and credit card info.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Seller.

Seller has no control over, and no responsibility for, the content, privacy policies, or practices of any third party web sites or services. User further acknowledges and agrees that Seller shall not be 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 or through any such web sites or services.

Changes

Seller reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Neither Seller or any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Seller and you will not take place unless and until you have received your order confirmation email. By placing an order, you represent that you live in a state where the products you order are legal to sell, buy, possess, and use, and that you are authorized or permitted to purchase those products under state law.

Prices and Payment Terms.

All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, Visa, Discover and Mastercard. 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 all applicable taxes, if any.

Delivery

You will pay all shipping and handling charges specified during the ordering process unless otherwise stated as “free shipping”. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds.

Please see our Refund and Return Policy.

Privacy.

Our Privacy Policy  governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Prohibited Use.

You may not use the Site or its content for any purpose that is (a) unlawful or (b) to solicit others in the performance of any unlawful activity or (c) to infringe upon the rights of Seller or others or (d) to defame or otherwise use harmful language on the site or through other means of contact. Seller reserves the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

User Content.

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Seller is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Seller does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

Restrictions.

You agree not to use the Site, Services, or any of Seller’s social media pages to collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

User Responsibilities.

User is solely responsible for your User Content. User assumes all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. User hereby represents and warrants that your User Content does not violate the Acceptable Use Policy. User may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Seller. You acknowledge and agree that Seller is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Seller does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content, you may expose yourself to liability if your User Content violates the Acceptable Use Policy or other applicable laws. Seller is not obligated to backup any User Content and User Content may be deleted at any time. User is solely responsible for creating backup copies of User Content, if you desire.

Indemnification.

You agree to indemnify, defend and hold harmless Seller and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Limited Warranty.

Seller is a re-seller of goods and makes no warranty whatsoever, expressed or implied with respect to the products offered, including any warranty of merchantability, warranty of fitness for a particular purpose or warranty against infringement of intellectual property rights of a third party. User acknowledges that some items may be “used” and will be in “used” condition and that we will make every effort to indicate, both verbally and visually, the condition of said item being purchased. In purchasing any “used” item, User agrees and acknowledges the previously “used” condition indicated.

Goods Not for Resale.

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.

Notice.

User’s Responsibility: We may provide any notice to you by: 1) sending a message to the email address you provide or 2) by posting to this Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Seller’s Responsibility: User must provide notice by personal delivery, overnight courier or registered or certified mail to One Fine Thing LLC, 426 Tulip Dr., Sebastian, FL 32958. Seller may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Contact Us

If you have any questions about these Terms, please contact us at:

email

Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida.

Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.

Entire Agreement.

These Terms and Conditions will be deemed the final agreement between User and Seller on all matters contained in this Agreement.