This website is operated by 5th Essentials, LLC (DBA CBD By Design) Throughout the site, the terms “we”, “us” and “our” refer CBD By Design. CBD By Design 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/ or purchasing something from us, you engage in our “Service” and you 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 but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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.
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.
PLEASE CAREFULLY READ AND MAKE SURE YOU UNDERSTAND THE “ARBITRATION AND WAIVER OF CLASS ACTIONS” PROVISION SET FORTH IN SECTION 19 OF THESE TERMS OF SERVICE, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCESSING OR USING OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THE ARBITRATION AND WAIVER OF CLASS ACTIONS PROVISION SET FORTH IN SECTION 19 BELOW.
TERMS AND CONDOTIONS
The Cbdbydesign.co website (www.clients.creativedesigndok.com/cbdbydesign2) is comprised of various web pages operated by CBD by Design. CBD by Design is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of cbdbydesign.co constitutes your agreement to all the Terms mentioned here. Please read these terms carefully and keep a copy of them for your reference.
Any products brought from this site will be subject to the terms and conditions, and thus, please review our terms and conditions before purchasing from the website. We reserve the right to update the terms and conditions or replace any portion of it at any time. It is the responsibility of customers and visitors to check the terms and conditions regularly for any updates or changes.
Please read the terms and conditions carefully to understand all the sections therein. By accessing or using our website, you express that you have reviewed and understand all of our Terms and Conditions and Terms of Service, including the arbitration and waiver of class action provision that is discussed in section 18.
SECTION 1 – ONLINE STORE TERMS
With the agreement to these Terms of Service, you are confirming that you are of legal age in your State or province of residence.
The products offered here should not be used for any illegal or unauthorized activity and should not violate the laws of your jurisdiction. *This includes copyright laws as well*
You must not transmit any worms, viruses, or any code of a destructive nature.
You will be terminated off the site if you breach or violate any Terms of Service mentioned and explained here on the site.
SECTION 2 – GENERAL CONDITIONS
We have the right to refuse service at any time for any reason.
Vistor’s information entered into our site 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.
The vistor agrees to not copy, reproduce, duplicate, or sell any part of Service that is mentioned here. Moreover, the vistor also agrees that they will not access any information mentioned on the site without written permission.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee the completeness, accuracy, and correctness of the information that is available on the site. The material provided here is for general information, please contact us with any questions before making a purchase.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without any notice. We reserve right to change the prices of our products without notification and are not liable to any third party for doing so.
SECTION 5 – PRODUCTS OR SERVICES
Products found on our site are in limited quantities as well and have specific policies for return and exchange. Please view our return policy and contact us directly if you have any questions in this regard.
We reserve the right to limit or refuse the sale of our products to any region, person, or jurisdiction at our discression. This will be addressed on a case by case basis. Descriptions of any product may change without informing the customer or third parties. This includes the discontinuation of any product found within the site.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
As stated in Section 5 we have the right to refuse any order placed with us. We also have the right to limit the quantities of the products purchased. These restrictions can be imposed on the same financial details, same address, and/or same customer account. We will notify you through email or phone if we are modifying, canceling your order, or changing your account details.
You moreover should provide us with accurate and complete details of the personal, mailing, or financial information to make the processing of your products to be smoother and faster. In case of inaccurate information, the company will not be responsible for any delays or cancellations of the product delivery.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor nor have any control or input.
The visitor to our website acknowledges and agrees that using these tools is at your own risk, and no warranty is being offered or implied. We have no endorsements or liability for any harm or issues caused due to the usage of any such third-party tools found on our website.
SECTION 8 – THIRD-PARTY LINKS
Cbdbydesign.co may contain links that are connected with other websites. These sites are not under the control of CBD by Design, and we not responsible for any content connected with these third party links. The contact between you and the third party is completely independent, and we are not liable for any miscommunication, mishaps, or any losses the occur due to the visitation to these links. CBD by Design is only responsible for the content that is posted on its own site (www.cbdbydesign.co).
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
In the event that the vistor voluntarily sends us something through email or comments within the website including: creative ideas, suggestions, plans or any other materials by any medium of communication, we will consider it as your contribution towards the company, and we assume that you have agreed that we may utilize your ideas or any other material without any restriction. We are under no obligation to display, utilize, or pay any compensation in exchange for these materials, or ideas.
We do not intend to violate any intellectual property rights and do not intend to use any proposal unlawfully. By reading our Terms of Service, you agree that your comments or ideas will be used for our purposes, and we are not liable for any assumed intellectual property theft
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
At times there may be some inaccuracies and errors in the information that is presented on the site. This includes pricing, promotions, product descriptions, transit times, or availability, and thus, we reserve the right to correct any information at any time or cancel the order if something is mistakenly presented on the site.
SECTION 12 – PROHIBITED USES
In addition to the other prohibitions set forth in 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 have not guaranteed that our services will be timely, secure, and error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
With agreeing to these Terms of Service, you are agreeing that we may remove services for indefinite periods of time or can cancel the service at any time without giving any prior notice.
You expressly agree that your use of or inability to use the service is at your sole risk.
Under no circumstances, any of our employees or management will be liable for any losses happening due to the use of our services. The consequential losses or damages are not accounted for anyone who is in connection with CBD by Design. We carry no guarantees, warranties, or liability against any of our services or products being short on inventory, modified, or not being available.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold CBD By Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors and assigns 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 – TERMINATION
The termination of the agreement must be done via direct communication with a representative from CBD by Design. You may terminate these Terms of Service by notifying us that you no longer wish to use our services.
If we judge you for failing to comply with Terms of Service, we reserve the right to terminate the agreement at any time without any explanation.
SECTION 16 – WAIVER
We are not liable for any wavier under these Terms of Services. If we fail to deliver a service or product, it does not constitute any wavier to any clients according to these terms and conditions.
SECTION 17 – GOVERNING LAW
These Terms of Service are constructed, governed, and operated according to the laws of the State of Wisconsin. We aim to have no conflict with any law provision or rule of the State.
SECTION 18 – ARBITRATION AND WAIVER OF CLASS ACTIONS
You and CBD by Design agree that in case of any disputes, conflicts or controversies happening in the course of breach, termination, enforcement, or interpretation of the contract or agreement should be solved with an arbitration before one arbitrator. The arbitration shall be administered by jams pursuant to its comprehensive arbitration rules and procedures and in accordance with the expedited procedures in those rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
However, if the claim is small enough, we encourage that we can submit to binding arbitration in any event. You and CBD, by Design, agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both parties agree, otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable, and any claims brought on behalf of a putative class will proceed in court. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The parties should keep it confidential, including the award, proceeding, and any hearings of the arbitration.
As stated in Section 17 of these Terms of Service, Wisconsin law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce and that notwithstanding Section 18, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.
SECTION 19 – ENTIRE AGREEMENT
All services we provide and the agreements we make are under the influence of these Terms of Service, and the understanding between the clients and us is governed through these terms and conditions. The changes in the prior or contemporary agreements and communications are also intended to be changed if a change occurs in the mentioned Terms of Service. No ambiguities can be constructed against the drafting party in the interpretation of these Terms of Service.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 21 – RETURN AND REFUND POLICY
If we are unable to satisfy you with the purchase you have made, you can request a full refund within 30 days. The shipping costs will be incurred by the customer, unless there was an error in the fulfillment of the order. The refund will only be issued once the product has returned to the company unopened and in new/resaleable condition.