Please read the following Mojave Hemp Co. Terms of Sale and Services (“Terms of Sale and Services”) and the Mojave Hemp Co. Terms and Conditions carefully, before you place order(s) for any products of Mojave Hemp Co. These Terms of Sale and Services form an integral part of the Mojave Hemp Co. Terms and Conditions, subject to any contracts in writing entered into and signed between you and Mojave Hemp Co. separately. By using this website, you expressly agree to be bound by the Mojave Hemp Co. Terms and Conditions (as amended and updated by Mojave Hemp Co. from time to time) and all applicable laws.
User Conducts and Restrictions
Mojave Hemp Co. grants you permission to use the website in accordance with the Mojave Hemp Co. Terms and Conditions, and grants you a personal, non-commercial, revocable, non-assignable, non-exclusive access to the website. You agree not to use the website of Mojave Hemp Co. for any purpose(s) not intended by Mojave Hemp Co. YOU AGREE NOT TO USE THE WEBSITE OF MOJAVE HEMP CO. FOR COMMERCIAL PURPOSE(S), FOR EXAMPLE, TO ACCESS, ACQUIRE, COPY, REPRODUCE, INTEGRATE, MODIFY, RESELL, DISTRIBUTE, TRADE, SERVICE OR COMMERCIALLY EXPLOIT THE WEBSITE AND/OR PRODUCTS OF MOJAVE HEMP CO. (OR ANY PART OF IT), UNLESS WITH PRIOR WRITTEN CONSENT FROM MOJAVE HEMP CO. You further agree that you shall not violate applicable laws or cause harm to Mojave Hemp Co. when you use the website and/or products of Mojave Hemp Co.
You are solely responsible for your use of the website (including any content you make available to Mojave Hemp Co.) and the products of Mojave Hemp Co. and for consequences thereof. While using the website, you shall not make available any content in any illegal manner or any content that (i) is false, misleading, defamatory, offensive, slanderous, or libelous (ii) does or may threaten, abuse, harass or invade any third-party privacy, or infringes rights of Mojave Hemp Co. or any third parties, including intellectual property rights; or (iii) contains software viruses, any other computer codes, files, or programs that interfere, damage or limit functionality of the website.
Order and Product Availability
You may place order(s) on products of Mojave Hemp Co., following the instructions displayed on this website step by step. Each order placed is subject to product availability and our acceptance of your order. The product availability displayed on our webpage(s) can change anytime with or without notice.
Although we make every effort in ensuring supplies, in occasional cases, your order may be suspended, discontinued, cancelled, or not accepted by Mojave Hemp Co., due to out-of-stock products in your selected region(s) of delivery, and/or any applicable Force Majeure Event under this Terms of Sale and Services.
Confirmation of Order
Any order(s) placed but without payment in full amount for five (5) business days will be automatically deemed as cancelled, terminated, or not accepted by Mojave Hemp Co. Unless otherwise agreed by Mojave Hemp Co., we will only issue confirmation of acceptance of your order, upon receiving your payment in full of the products ordered under this Terms of Sale and Services. Please read your online confirmation page, and/or email containing confirmation of your order carefully.
Cancellation Policy
For any reason whatsoever, with or without notice given to you, Mojave Hemp Co. has the right to cancel, terminate or not accept any order before delivery, even if such order is confirmed, and Mojave Hemp Co. shall not be liable to you or any other party for such cancellation, termination or non-acceptance. In case of cancellation, termination or non-acceptance, Mojave Hemp Co. shall refund to you the full amount which Mojave Hemp Co. has actually received from you, excluding any charge backs, reimbursements, refunds, and/or reversals payable to any third party payment processor(s).
Pricing and Payment
All prices shown on the Mojave Hemp Co. product(s) web pages are exclusive of shipping costs, tax, and duties, unless otherwise stated. The applicable currency(ies) and the amount will be based on your selected country(ies)/ region(s) of delivery. Notwithstanding the above, any applicable prices for the Mojave Hemp Co. product(s) shall be subject to any purchase order(s) as accepted by Mojave Hemp Co.
You shall be responsible for paying your own applicable taxes, duties and/or charges (such as any costs incurred because of foreign currency exchange rate, and/or the credit card issuing bank). Please check the updated price(s), shipping costs, tax and duties, and currency carefully. Alternatively, you may contact us for any special proposals, offers, privileges or other promotions. In no event shall Mojave Hemp Co. be responsible for any applicable taxes, duties and/or charges attributable to you.
Please be reminded that in rare cases, the information and data displayed on our web pages, including the number of stock and price(s), the estimated shipping costs, taxes and duties might be subject to adjustment, due to reasons out of our control, including any Force Majeure Event under this Terms of Sale and Services. In such cases, we will promptly contact you based on the contact details you have shared with us.
Payment(s) should be actually made in full before delivery of the products, and Mojave Hemp Co. has the sole discretion to withhold any delivery of products until all outstanding amounts are actually paid in full, including any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s).
Mojave Hemp Co. accepts multiple payment methods, including credit cards. When you purchase products from this website, Mojave Hemp Co. or an authorized third party (for example, the payment gateway) will ask you to provide certain information, including your full name, address, credit card and/or other billing information. You agree to provide us or the authorized third party with accurate, complete and updated information.
Delivery Terms
After receiving your payment in full amount, we will arrange delivery of the purchased product(s) to your designated delivery address, which must be a physical one recognized by authorized third party carrier(s) of Mojave Hemp Co., including residential or business address. You and/or your authorised recipient at the delivery address must be over 21 years of age, and the acts (or omissions) of your authorised recipient shall be deemed as the acts (or omissions) of yourself.
However, Mojave Hemp Co. shall have the discretion whether to deliver to any restricted areas, via roads which impose prohibition on the weight of truck, apartment under renovation, exhibition site, warehouse, hotel, boat house/ boat, construction site, container terminal, or any address(es) that Mojave Hemp Co. deems undeliverable.
Risk of loss or damage will be passed to you as the purchaser, upon transfer of the ordered product(s) FOB Mojave Hemp Co.’s designated location. We are not liable for any loss or damage of product(s) in transit or non-delivery. Title in the products will be transferred to you as the buyer upon (i) receipt of the full amount payment by Mojave Hemp Co., including any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s), and (ii) delivery of the products.
Returns
After delivery of the products, you should promptly inspect the products delivered. In the rare and unlikely circumstance, please inform Mojave Hemp Co. of any dead-on-arrival products and/or any non-conformity of the products within seven (7) calendar days from the delivery date of such products. You must provide Mojave Hemp Co. with proof of the dead-on-arrival products and/or non-conforming products (e.g. photos, videos, etc.). Without proof from you on any dead-on-arrival products and/or any non-conformity of the products (if any), or if you do not contact us regarding the returns within thirty (7) calendar days from the delivery date of our product(s), the product(s) delivered are deemed to have been inspected and accepted by you. Upon receiving satisfactory proof of the dead-on-arrival products and/or non-conforming products, Mojave Hemp Co. shall arrange for shipment to you to replace any dead-on-arrival products and/or non-conforming products. If you would like to receive a refund on the dead-on-arrival products and/or non-conforming products, then Mojave Hemp Co. shall issue you a refund less any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s), provided that, you return at your cost the dead-on-arrival products and/or non-conforming products with the complete original packaging.
If you are not satisfied with any of Mojave Hemp Co.’s products, then Mojave Hemp Co. may issue you a refund for any un-opened products (less any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s)) or issue you a replacement product of equal or lesser value, provided that, you return at your cost the un-opened products with complete original packaging.
Notwithstanding the above, Mojave Hemp Co. shall not issue any refunds under any circumstances for flower and pre-roll products.
Product Warranty
The warranties provided may vary from product to product, subject to the sections titled “Warranties and Disclaimers”/ “Limitation of Liability” as contained in the Mojave Hemp Co. Terms and Conditions. Please refer to the applicable Mojave Hemp Co. warranty document(s) for the warranty terms applicable to the products purchased.
Force Majeure
If and to the extent that either party (the “Impacted Party”) may be precluded by acts of God, flood, fire, earthquake, explosions, epidemics, pandemics (including, without limitation, the COVID-19 pandemic), war, invasion, hostilities (whether war is declared or not), threats or acts of terrorists, riots, or other civil unrest, strikes, lockouts, casualties, government orders or laws, actions, embargoes, or blockades in effect on or after the date of this Terms of Sale and Services; action by any governmental authority; national or regional emergency; shortage of adequate power or transportation facilities, or other causes beyond its reasonable control (collectively, “Force Majeure Event”) from performance hereunder, such performance (except for payment of amounts due hereunder) shall be excused during such Force Majeure Event. Both parties shall use best commercial efforts to resume performance after termination of a Force Majeure Event.
The Impacted Party shall give notice within five (5) business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. In the event that the Impacted Party’s failure or delay continues for a period of thirty (30) days following written notice given by it under this Section, either party may thereafter terminate this Terms of Sale and Services upon five (5) business days’ written notice.
Indemnification
You and/or such business shall indemnify, defend and hold harmless Mojave Hemp Co. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the products of Mojave Hemp Co. or violation of these Terms of Sale and Services, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Warranties and Disclaimers
ANY PRODUCTS OF MOJAVE HEMP CO. ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT ANY USE OF PRODUCTS OF MOJAVE HEMP CO. IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, MOJAVE HEMP CO. MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS OF MOJAVE HEMP CO. INCLUDING WITHOUT LIMITATION, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, REPUTATION OR OTHER FEATURES OF THE PRODUCTS OF MOJAVE HEMP CO. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, MOJAVE HEMP CO. DOES NOT WARRANT THAT (I) THE PRODUCTS OF MOJAVE HEMP CO. WILL SATISFY YOUR REQUIREMENTS; (II) YOUR USE OF THE PRODUCTS OF MOJAVE HEMP CO. WILL BE FREE FROM ERRORS, INTERRUPTIONS, DELAY, DANGER, TEMPORARY SUSPENSION, OMISSIONS, INACCURACIES OR OTHER HARMFUL COMPONENTS DUE TO TECHNICAL ISSUES; OR (III) THE PRODUCTS OF MOJAVE HEMP CO. WILL OPERATE IN THE CONFIGURATION OR HARDWARE YOU USE.
Limits of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOJAVE HEMP CO., ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, LOST PROFITS, LOST REVENUES, OR LOST DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS, ANTICIPATED SAVINGS OR GOODWILL, AND ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING).
IN ALL CASES, MOJAVE HEMP CO., ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE LIABILITY OF MOJAVE HEMP CO., ITS AFFILIATES, OFFICERS, AGENTS, AND/OR EMPLOYEES TO YOU EXCEED THE LARGER OF (I) THE AMOUNT ACTUALLY RECEIVED BY MOJAVE HEMP CO. FROM YOU (IF ANY) VIA THE WEBSITE, IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIMS; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
Governing Law and Jurisdiction
The laws of California shall apply to any disputes arising out of or relating to the Terms of Sale and Services (without regard to any conflict of laws principles) unless otherwise expressly provided. All claims arising out of or relating to these Terms of Sale and Services shall be finally resolved in arbitration exclusively under the then-current Judicial Arbitration and Mediation Services (JAMS) in Los Angeles, California. You and Mojave Hemp Co. expressly consent to the personal jurisdiction of California.
If you have any questions about your order or need further assistance, please call us at (+855) 243 8843 or email us at sales@mojavehempco.com.
Last updated on October 21, 2020.
Copyright © 2020 Mojave Hemp Co. All Rights Reserved.
