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TERMS OF SERVICE

OVERVIEW

This website is operated by Pure CBD. Throughout the site, the terms “we”, “us” and “our” refer to Pure CBD. Pure CBD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Quantic. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
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 an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the 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 us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 


In no case shall Pure CBD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pure CBD and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

PRIVACY POLICY

This Privacy Policy is a part of our Terms of Service. By using this site or our online store, you agree to be bound by and comply with this Privacy Policy and our Terms of Service.

SECTION 1 – AGE RESTRICTIONS ON ACCESS AND PURCHASES

You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.

SECTION 2 – WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and order history. We also use cookies, web beacons or other tools that collect information that make it easier to use our store and our site. When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.

EMAIL MARKETING:

By providing us with your email address, you are giving us permission to send you emails about our store, new products and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.

  • How we use your information:
    In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products. We use personal information collected through our site as described below and described elsewhere in this Policy to:
  • Facilitate the creation of and securing of your Account on our network
  • Identify you as a user in our system
  • Improve our products, site, and how we operate our business
  • Understand and enhance your experience using our site and products
  • Provide and deliver the products and services you request
  • Respond to your comments or questions and for our Support team to provide service
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages
  • Communicate with you about promotions, upcoming events and news about products and services offered by Pure CBD and our selected partners, and for other marketing purposes of Pure CBD
  • Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service
  • Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

TEXT MESSAGE MARKETING:

By providing us with your phone number, you are giving us permission to send you texts about our store, new products and other updates. You have the opportunity to unsubscribe from these texts at any time by clicking the “Unsubscribe” button included at the bottom of each text.

  • How we use your information:
    In general, we use the information we collect primarily to provide, maintain, protect and improve our current site. We use personal information collected through our site as described below and described elsewhere in this Policy to:
  • Facilitate the creation of and securing of your Account on our network;
  • Identify you as a user in our system
  • Improve our products, site, and how we operate our business
  • Understand and enhance your experience using our site and products
  • Provide and deliver the products and services you request
  • Respond to your comments or questions and for our Support team to provide service
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support messages
  • Communicate with you about promotions, upcoming events and news about products and services offered by Pure
    CBD and our selected partners, and for other marketing purposes of Pure CBD
  • Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service
  • Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

SECTION 3 – CONSENT

How do you get my consent?
By providing us with personal information to complete a transaction, placing an order, arranging for a delivery or returning a purchase you are consenting to our collecting and using your information (your credit card information is discussed in Section 4 below).
How do I withdraw my consent?
You may withdraw your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at [email protected] or mailing us at:
Pure CBD 203 N. Broome Street, Suite C, Waxhaw, NC 28173

SECTION 4 – DISCLOSURE

  • We do not share your personal information with third parties without your consent other than with the following:
  • Third Party Service Providers. With third parties who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy
  • Lawful Requests. To comply with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information)
  • Protection of Rights and Property. To protect the rights and property of Pure CBD, our agents, customers and others including to enforce our agreements, policies and terms included in this Privacy Policy or our Terms of Service
  • Emergency. In an emergency, including to protect the personal safety of any person
  • Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

SECTION 5 – PAYMENT PROCESSING

Our store is built on an e-commerce software platform that allows us to sell our products and services to you.
If you provide us with your credit card information during the payment process, we send it to our PCI-DSS compliant payment gateway for processing using SSL encryption technology. Your credit card information is never stored for use beyond your current transaction. All direct payment gateways comply with the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and our payment processors and service providers.

SECTION 6 – THIRD-PARTY SERVICES

Our Policy does not cover any third party services. To learn about those third parties’ privacy practices, please read their privacy policies. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.

SECTION 7 – SECURITY

To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – never share this password with anyone. Pure CBD will never contact you to ask you for your password. If you provide us with your credit card information, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.

SECTION 8 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.

SECTION 9 – U.S. LAW APPLIES

This site is intended for users located in the United States. By sending us your Personal Information from outside the U.S., you consent to the application of U.S. law and to the use and disclosure of your personal information consistent with this Privacy Policy. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

SECTION 10 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. Pure CBD encourages visitors to check this page for any changes to its Privacy Policy.

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you (other than that information automatically generated by your use of our site), register a complaint, or simply want more information contact our customer service team at [email protected].

SHIPPING POLICY & RETURN POLICY

SHIPPING POLICIES

Processing: Our processing time is 1-2 business days depending on our volume, although it is not guaranteed. We do not guarantee shipping times regardless of the shipping method selected. We do not ship on weekends or national postal holidays.

Shipping: Ownership of packages turned over to the shipping carrier transfers to the buyer. 

We are not responsible for lost, held, or damaged packages.
We are not responsible for mis-delivery errors via carrier, or incorrect shipping info.
Shipping is a service you purchase from the carrier along with your order from us, so any shipping issues must be handled by shipping carrier. 

***USPS is currently experiencing some delays due to the pandemic. They are also not properly scanning packages and updating tracking. If your package tracking says, “Acceptance Pending” or “ Pre-Shipment Info Sent to USPS, USPS Awaiting Item” that means that your package has been dropped off and accepted but has not been updated since then. This is normal and does not signal a problem with your order. 

If your package has been marked as “Delivered” by the shipping carrier, but you do not have the package, please contact the shipping carrier as they may be able to locate your package for you or give further details.

We cannot confirm whether or not the package was actually delivered, and we are not responsible for stolen packages. 

If you experience any issue with order delivery, please reach out to us at [email protected] for assistance. 

Refund Policy:
All sales are FINAL due to the nature of the goods that we offer. Refunds will not be issued. We are not responsible for shipping delays and will not issue refunds for orders that are still in transit, even if they are arriving late.

Defective units and Policy regarding defective units:
We work with some of the best brands available in the market. Defective units are rare and normally it is an issue of a clog or user error. Any issues with Defective units must be emailed to us within 72 hours of delivery. 

Beyond that we cannot accept any defective unit requests. After attempting to resolve it via email, we determine you do have a defective unit due to manufacturer defect in the hardware, it must be returned for us for a refund and or replacement. 

Once we receive the product upon inspection we will determine if it is in fact a defective unit and process your refund or replacement if it is available. If the item is found to not be defective, no refund will be issued. 

Refunds are processed within 24-72 hours of your returned package being marked as delivered, but we are not responsible for how long the refund takes to come back to your payment method.

You are responsible for the shipping of the product back to us. If you include a receipt showing the amount paid for shipping to us, we will include goods in the replacement order to cover the shipping cost within reason. 
We are not liable for any items lost in transit during its return to us. Again, return shipping costs is the responsibility of the purchaser and there are no exceptions to this. 
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. 

Melted Edibles and Policy for Melted Edibles:
 We are not responsible for melted edibles such as gummies or chocolates. If your gummies or chocolates have melted into a (delicious) singular blob, a quick remedy is to place them in the freezer for up to 1 hour. Once frozen, open the bag at the sides and cut into equal pieces. Precise dosing requires a gram scale.

We are not responsible for melted products when shipped.

Returns must be sent to the following address:

Pure CBD
203 N. Broome St., Ste C
Waxhaw, NC 28173