Terms and Conditions
Terms and Conditions
These terms and conditions for the sale of goods (hereafter sometimes “Terms”) govern the sale of those goods specified in the confirmation of sale (hereafter sometimes “Goods”), to the buyer identified at the time of the confirmation of sale (hereafter sometimes “Buyer”), by GOLDEN CBD (or any entity otherwise specified in the sales confirmation, which is owned or controlled by GOLDEN CBD) (hereinafter sometimes “Seller”). . The accompanying confirmation of sale, by Seller (“Confirmation of Sale”), and the terms therein (collectively, this “Agreement”) constitute the entire agreement by and between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties and communications , whether they be oral or whether they be explicit or implied.
Shipping and delivery
The delivery of any goods ordered by the buyer will be carried out by a carrier and will be addressed to the buyer’s desired destination (hereinafter sometimes the “shipping point”) within a reasonable time after receiving the buyer’s purchase order.
The quantity of each piece of goods, as recorded by the seller (when shipped from the seller’s place of business), will be conclusive evidence of the quantity received by the buyer upon delivery, unless the buyer provides conclusive evidence proving otherwise. The seller will not be liable for any non-delivery of goods (even if such non-delivery was caused by the seller’s own negligence), unless the buyer gives the seller written notice of such non-delivery within five (5) business days from the date the goods should have been received in the normal course of events.
Risk of loss and ownership
Risk of loss and title shall be deemed to have passed to the buyer at the point of shipment.
The buyer will not resell goods that he ordered and/or received from the seller.
(a) (i) The seller undertakes that the goods will be free of material defects in material and workmanship and (ii) that they will conform to all the labeling applied by the seller to these products.
(b) With the exception of the warranty specified in section (a) above, the seller does not give any warranty regarding the goods and hereby disclaims any (i) warranty for merchantability and (ii) warranty for suitability for a particular purpose; With the exception of the two responsibilities (2) specified in section (a), the seller expressly disclaims all responsibilities whether express or implied by law, by the course of the transaction, by the course of execution, by usage in trade or otherwise. (c) The seller shall not be liable for the breach of any warranty specified in section (a), unless: (i) the buyer provides written notice of the alleged defect, which will be reasonably described, to the seller within thirty (30) days from the date the buyer discovers or should have discovered the alleged defect; (ii) the buyer (if requested to do so by the seller) returns the allegedly defective goods to the seller’s place of business; (iii) the seller reasonably verifies the buyer’s claim that the products are defective. The seller, after notification and verification of a discrepancy, at the sole discretion of the distributor, will either: (i) replace the goods or (ii) credit or refund the price of the goods to the buyer; However, if the distributor so requests, the buyer will, at the seller’s expense, return the allegedly defective goods to the seller. For the avoidance of doubt, the remedies set forth in this Section shall be Buyer’s exclusive remedy and Seller’s full liability for any breach of the limited warranty set forth in Section (a) or any order issued under applicable law that was not or could not be waived herein.
Limitation of Liability
- In no case and under no circumstances will the seller be responsible for any loss of use, loss of income or profit, or any consequential, indirect, incidental, special, exemplary or punitive damages to the buyer or any third party arising from or related to the goods. (b) In no event shall Seller’s liability arising out of or in connection with these Terms or the Goods purchased in relation thereto exceed the total amount paid to Seller by Buyer for the Goods sold hereunder.
No third party beneficiaries
This Agreement is intended for the sole benefit of the parties hereunder and their successors and permitted assigns, and nothing herein, express or implied, is intended or shall confer upon any other person or entity any right, benefit or legal or equitable remedy of any kind under these Terms or due to all the consequences arising from them.
Applicable law and dispute resolution
This Agreement and all causes of action or claims arising out of or related to the Agreement shall be governed by the laws of the State of Florida, including the Florida Uniform Commercial Code, without regard to choice-of-law jurisdiction principles. The agreement of the parties is that any dispute arising under this agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (hereinafter: “Arbitration”) within the framework of its commercial arbitration rules and mediation procedures; However, the parties shall have the right to exercise self-help relief (for example, set-off), and/or seek ancillary or temporary judicial relief (such as injunctive relief, specific performance and injunction), before, during or after any such arbitration. Venue for any such judicial relief shall reside exclusively in the state or federal courts (as provided by applicable law) having jurisdiction in or for Broward County, Florida. The use of self-help, ancillary and/or temporary judicial remedies will not constitute a waiver of the right to compel arbitration by any party to this Agreement.
Ancillary or interim injunctive relief that may be available in judicial proceedings shall also be available to an arbitrator appointed in accordance with these Terms. The seat or place of arbitration shall be Jacksonville, Florida. Any arbitration pursuant to this section shall be conducted and any award rendered pursuant thereto shall be rendered in the English language. Except as required by law, no party or arbitrator employed in accordance with these terms may disclose the existence, content or results of any arbitration without the prior written consent of both parties, except to the extent necessary to protect or pursue a legal right of either party or of both. This clause will remain after the expiration or earlier termination of the agreement. In the event that a suit or claim is filed to enforce or interpret any of the provisions of the agreement within this agreement, or arise out of or relate to this agreement, the parties agree that the winning party shall be paid by the other its reasonable attorney’s fees, actual court costs, and any other expenses related to the resolution of the dispute (s), whether the court is taxable or not taxable as expenses, in addition to any other relief to which the winning party will be entitled. The determination of who is the winning party and the collection of a reasonable attorney’s fee to be paid to him will be decided by the agreement of the parties unless the parties do not reach such an agreement, in which case it will be decided afterwards by the arbitrator (who may decide that none of the parties prevailed, and in this event each party will bear the costs and attorney’s fees his own law).
Any notice required or permitted under this Agreement shall be deemed effective if given in writing or in person to a party to be notified or deposited in the United States mail, mail prepaid, return receipt requested, addressed to the party at the address specified in the sales confirmation (or to such other address, specified by the party in a similar message).
If any part of this Agreement is determined to be unenforceable by a court or arbitrator, that particular provision will be waived, and the remainder of this Agreement will survive and remain enforceable and in full force and effect.
These Terms are subject to the Seller’s terms and conditions for the sale of products set forth on the Seller’s website at https://goldencbdtherapy.com/terms-and-conditions (as such terms may change from time to time, the “Terms”). To the extent that the Online Terms differ from these Terms, those Terms shall be deemed modified and superseded by these Online Terms, which shall be deemed incorporated herein by this reference. These terms may be amended in writing, signed by the parties, or unilaterally by the seller by changing the online terms. The parties intend to be bound by these terms as may be from time to time in accordance with the provisions of this section, whether express or implied.
This agreement, with respect to each purchaser, may be executed (as such execution is defined herein) in an agreement, each of which will be considered an original, but all together will constitute one and only agreement. Execution by implied consent, in action (as in the case of unilateral agreements, for example, by making a purchase), by facsimile, by scanned attachments or by electronic signature has the same force and effect as the original, signed by hand. The document had
Any provisions of the terms within the terms, which by their nature should apply beyond their terms, will remain in full force and effect after any termination or expiration of an agreement within, whether by express provision or whether it is reasonably implied.
The sale of goods by the seller to the buyer is subject to the seller’s return policy, which is detailed at https://goldencbdtherapy.com/%d7%9e %d7% 93 %d7% 99 %d7% a0 %d7% 99 %d7% 95 %d7% aa-%d7%9e %d7% a9 %d7% 9c %d7% 95 %d7% 97 %d7% 99 %d7% 9d/, which may change from time to time at the sole discretion of the seller.
Customers will be billed by: Golden Consulting Service