Terms and Conditions

Conditions of Use & Sale

Last updated on 31 October, 2018.

To see the previous iteration of the Conditions of Use & Sale click here.

Welcome to cannastore.com.

CannaStore SARL and/or their affiliates (“CannaStore“) provide website features and other products and services to you when you visit or shop at cannastore.com (the “website“), use CannaStore devices, products, or services, use CannaStore applications for mobile, or use software provided by CannaStore in connection with any of the foregoing (collectively “CannaStore Services“). Please see our Privacy Notice, our Cookies Notice, to understand how we collect and process your personal information through CannaStore Services. CannaStore provides the CannaStore Services and sells our products to you subject to the conditions set out on this page. cannastore.com is the trading name for CannaStore.

  • Conditions of Use
  • Conditions of Sale

Conditions of Use

Please read these conditions carefully before using CannaStore Services. By using CannaStore Services, you signify your agreement to be bound by these conditions. We offer a wide range of CannaStore Services, and sometimes additional terms may apply. When you use a CannaStore Service (for example Your Profile, Gift Cards or CannaStore applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that CannaStore Service (“Service Terms“). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. This agreement and the Service Terms shall collectively be referred to herein as the “Agreement”.

  1. ELECTRONIC COMMUNICATIONS

When you use any CannaStore Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other CannaStore Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

  1. RECOMMENDATIONS AND PERSONALISATION

As part of the CannaStore Services, we will recommend features, products, and services, including third party ads that might be of interest to you, identify your preferences, and personalise your experience.

  1. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any CannaStore Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of CannaStore or its content suppliers and is protected by Luxembourg and international copyright, authors’ rights and database right laws. Additionally, CannaStore owns all right, title and interest in the CannaStore Services. The compilation of all content included in or made available through any CannaStore Service is the exclusive property of CannaStore and is protected by Luxembourg and international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any CannaStore Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any CannaStore Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any CannaStore Service (e.g. our prices and product listings) without our express written consent.

  1. TRADEMARKS

Click here to see a non-exhaustive list of CannaStore trademarks. In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CannaStore Service are trademarks or trade dress of CannaStore. You may not use CannaStore’s trademarks without CannaStore’s prior written consent. For clarity, CannaStore’s trademarks and trade dress may not be used in connection with any product or service that is not CannaStore’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CannaStore. All other trademarks not owned by CannaStore that appear in any CannaStore Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CannaStore.

  1. PATENTS

One or more patents owned by CannaStore apply to the CannaStore Services and to the features and services accessible via the CannaStore Services. Portions of the CannaStore Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable CannaStore patents and applicable licensed patents.

  1. LICENCE AND ACCESS

Subject to your compliance with this Agreement, including any applicable Service Terms and your payment of any applicable fees, CannaStore or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of the CannaStore Services. This licence does not include any resale or commercial use of any CannaStore Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CannaStore Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in this Agreement, including  any Service Terms are reserved and retained by CannaStore or its licensors, suppliers, publishers, rights holders, or other content providers. No CannaStore Service, nor any part of any CannaStore Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of CannaStore without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing CannaStore’s names or trademarks without our express written consent.

You may not misuse the CannaStore Services. You may use the CannaStore Services only as permitted by all laws applicable to you and you are solely responsible and liable for ensuring such compliance. The licences granted by CannaStore terminate if you do not comply with these Conditions of Use or any Service Terms.   You will fully indemnify and will hold CannaStore harmless for all costs and liability arising from your breach of this Agreement.

  1. YOUR ACCOUNT

You may need your own CannaStore account to use certain CannaStore Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account. Click here to manage your payment options.

If you use any CannaStore Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website. Please see our Protecting Your Privacy Help Page to access your personal information.

You must not use any CannaStore Service: (i) in any way that causes, or is likely to cause, any CannaStore Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, t this Agreement or any other applicable terms and conditions, guidelines or policies.

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any CannaStore Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any CannaStore Service, please notify us by completing and submitting the appropriate notice form and we will respond.

If you use the CannaStore Services to upload content relating to products or services, post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”), you grant CannaStore (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); and (iii) that you have all necessary rights, licenses, authorizations (including intellectual property licenses and consent to use personal information). You agree to indemnify CannaStore for all claims brought by a third party against CannaStore arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

CannaStore is not responsible or liable for any content uploaded to the CannaStore Services by users of such services.

  1. INTELLECTUAL PROPERTY CLAIMS

CannaStore respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

  1. CANNASTORE SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with CannaStore Services (the “CannaStore Software“).

  1. OTHER BUSINESS

Parties other than CannaStore operate stores, may provide services or sell product lines that are accessible on or through this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. CannaStore does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

  1. CANNASTORE’S ROLE

CannaStore allows third party sellers to list and sell their products at cannastore.com. In each such case this is indicated on the respective product detail page. While CannaStore as a platform provider helps facilitate transactions that are carried out on the CannaStore platform, CannaStore is neither the buyer nor the seller of the seller’s items. CannaStore provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. CannaStore is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because CannaStore wants the buyer to have a safer buying experience, CannaStore provides the CannaStore A-to-z guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on cannastore.com, see the Participation Agreement.

  1. OUR LIABILITY

We will do our utmost to ensure that availability of the CannaStore Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to CannaStore Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Our liability for direct damages under this Agreement as a result of breach of warranty, strict liability, and indemnity or under any other theory of liability whatsoever will be limited to €100.

In no event as a result of breach of warranty, strict liability, indemnity or under any other theory of liability whatsoever, will either party be liable to the other under this Agreement for: (i) any indirect, consequential, incidental, exemplary, punitive or special damages; or (ii) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive or special, characterized as lost revenue, lost savings or lost profits; even if such party has been advised of the possibility of such damages in advance. Regardless of whether such losses are deemed to be direct or indirect damages, CannaStore shall not be liable to you for any damages relating to a loss of content on or through the CannaStore Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.  If you would like to bring a matter to our attention, please contact us.

  1. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any CannaStore Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the CannaStore Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the CannaStore Services only with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

This website is owned and maintained by CannaStore SARL.   Our contact information is below.

For CannaStore SARL:

CannaStore SARL,
Société à responsabilité limitée,
2b Ennert dem
Bierg L-5244
Sandweiler, Luxembourg

Registered in Luxembourg

RCS Luxembourg No:                                    *
Business Licence Number:                 *
Luxembourg VAT Registration Number:        *

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to CannaStore the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify CannaStore for all claims brought by a third party against CannaStore arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on cannastore.com and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

ASIN and ISBN-10, Defined: “ASIN” stands for CannaStore Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. “ISBN-10” stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to CannaStore may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

  1. NOTICE AND PROCEDURE FOR NOTIFYING CANNASTORE OF DEFAMATORY CONTENT

Because a lot of products are listed and many thousands of customer reviews and comments are hosted on cannastore.com, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on, the cannastore.com website contains a defamatory statement, please notify CannaStore immediately by completing and submitting a notice.

Important Warning: giving false, misleading or inaccurate information in the notice to CannaStore of Defamatory Content on cannastore.com may result in civil and criminal liability.

 

ADDITIONAL CANNASTORE SOFTWARE TERMS

  1. Use of the CannaStore Software. You may use CannaStore Software solely for purposes of enabling you to use and enjoy the CannaStore Services as provided by CannaStore, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the CannaStore Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the CannaStore Software or otherwise assign any rights to the CannaStore Software in whole or in part. You may not use the CannaStore Software for any illegal purpose. We may cease providing any CannaStore Software and we may terminate your right to use any CannaStore Software at any time. Your rights to use the CannaStore Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain CannaStore Software that are specifically identified in related documentation may apply to that CannaStore Software (or software incorporated with the CannaStore Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any CannaStore Service is the property of CannaStore or its software suppliers and protected by Luxembourg and international copyright laws.
  2. Use of Third Party Services. When you use the CannaStore Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse EngineerinUnless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the CannaStore Software, whether in whole or in part, or create any derivative works from or of the CannaStore Software.
  4. Updates. In order to keep the CannaStore Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

Conditions of Sale

These Conditions of Sale govern the sale of products by CannaStore SARL to you. For conditions relating to the sale by third parties to you on CannaStore see the Participation Agreement. We offer a wide range of CannaStore Services, and sometimes additional terms may apply. When you use an CannaStore Service (for example Your Profile, Gift Cards or CannaStore applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that CannaStore Service (“Service Terms“). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with CannaStore SARL. By placing an order with CannaStore SARL, you signify your agreement to be bound by these conditions.

  1. OUR CONTRACT

Your order is an offer to CannaStore to buy the product(s) in your order. When you place an order to purchase a product from CannaStore, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail“). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail“). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with CannaStore Sarl. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

  1. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services.

You must inform us (CannaStore Sarl, 2b Ennert dem Bierg, L-5244 Sandweiler Luxemburg) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our Returns Support Centre, by contacting us, or using this form. In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.

For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.

EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if CannaStore has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, eBooks, MP3, etc.);

Without prejudice to your statutory rights, CannaStore provides you with the following voluntary returns guarantee:

All products from the CannaStore sites can be returned within 30 days of receipt of the products to CannaStore if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media (for example CDs, audio cassettes, VHS videos, DVDs, PC and video games and software) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via our Returns Support Centre. This voluntary returns guarantee does not apply to digital products or software.

If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you. The costs of delivery and return are only refunded for returns of clothing or shoes from our sites. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

Details on returning and examples can be found here.

  1. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

  1. PRODUCT INFORMATION

Unless expressly indicated otherwise, CannaStore is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. CannaStore accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

CannaStore is NOT a licensed marijuana dispensary. You are responsible to check whether there is an age restriction or a prohibition to purchase the products in your jurisdiction. Some of the products may have intoxication effects and may be habit-forming. Marijuana can impair concentration, coordination and judgement. Do not operate motor vehicles or machinery under the influence of this drugs. There are many health risks associated with the consumption of this product.  You must not order or consume products available through the CannaStore where prohibited in your local jurisdiction, and agree that we are not liable for any consequences if you do. 

  1. CUSTOMS

When ordering products from CannaStore for delivery outside of the EU, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from CannaStore, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see About Customs.

  1. 1-CLICK ORDERING

1-Click ordering is the fastest and easiest way to order products safely and securely from CannaStore. If you are using a public or shared computer terminal, we strongly recommend that you deactivate 1-Click orderingwhen you are not at the computer.

  1. OUR LIABILITY

CannaStore and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

  1. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use cannastore.com with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

Our contact details are:

CannaStore SARL,
Société à responsabilité limitée,
2b Ennert dem Bierg,
L-5244 Sandweiler
Luxembourg

Registered in Luxembourg

CANNASTORE Business Solutions Agreement

Last updated: January 21 2018

The version of this Agreement in English is the definitive legal version.

General Terms

Welcome to CannaStore SARL, a company offering the CannaStore website and platform, and a suite of optional seller services including Selling on cannastore.comFulfilment by CannaStore and Sponsored Ads.

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (“YOU“) AND CANNASTORE S.A.R.L (THE “AGREEMENT“). BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAMME POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH A PARTICULAR CANNASTORE SITE OR SERVICE.

As used in this Agreement, “we,” “us,” and “CannaStore” means the CannaStore company named in the applicable Service Terms and “you” means the applicant (if registering for or using a Service as an individual), or the business the applicant is employed by or represents (if registering for or using a Service as a business). Capitalised terms have the meanings listed in the Definitions below.  If there is any conflict between these General Terms and the applicable Service Terms, the Service Terms will govern.

  1. Enrolment

To begin the enrolment process, you must complete the registration process for one or more of the Services. By registering for or using the Services, you confirm that you did not rely on any oral or written representations made by employees of CannaStore and/or any of its affiliates and that you chose the service based on your own due diligence and consideration, and you represent and warrant that you have the right and the lawful authority to enter into this Agreement on behalf of yourself and your organisation, in compliance with all applicable laws. As part of the application, you must provide us with your (or your business’) legal name, address, phone number and e-mail address.  We may at any time cease providing any or all of the Services at our sole discretion and without notice.

  1. Service Fee Payments

Fee details are described fully in the applicable Service Terms.  You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. To use a Service, you must provide us with valid credit card information from a credit card or credit cards accepted by CannaStore (“Your Credit Card”). You will use only a name you are authorized to use in connection with a Service and will update all of the preceding information as necessary to ensure that it at all times remains accurate and complete.  You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit any of your payment account(s) held with payment services, where applicable, for any sums payable by you to us (in reimbursement or otherwise). In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt.  Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

  1. Term and Termination

The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below (the “Term”).  We may terminate or suspend this Agreement or any Service immediately by notice to you for any reason at any time.  You may terminate this Agreement or any Service for any reason at any time by the means then specified by CannaStore.  Termination or suspension of a Service will not terminate or suspend any other Service whether on the same or different CannaStore Site unless explicitly provided.  Upon termination, all rights and obligations of the parties under this Agreement will terminate, except that Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 16, 17 and 19 will survive termination. Any terms that expressly survive according to the applicable Service Terms will also survive termination.

  1. Licence

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our affiliates and operators of CannaStore Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the applicable CannaStore Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

  1. Representations

You represent and warrant to us that:  (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the territory in which your business is registered; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorizations you grant hereunder; (c) any information provided or made available by you or your affiliates to CannaStore or its affiliates is accurate and complete, and you will promptly update such information as necessary to ensure it at all times remains accurate and complete, (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority and (e) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

  1. Indemnification

You release us and agree to indemnify, defend and hold harmless us, our affiliates (and their and our officers, directors, employees, and agents) against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any sales channels owned or operated by you, Your Products (including the offer, sale, fulfilment, refund, cancellation, return or adjustments thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes or the collection, payment or failure to collect or pay Your Taxes.  You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, take control of the defence at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

  1. Disclaimer

THE CANNASTORE SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS.”  AS A USER OF THE SERVICES, YOU USE THE CANNASTORE SITES, THE SERVICES AND SELLER CENTRAL OR ANY ONLINE PORTAL OR TOOL PROVIDED BY CANNASTORE TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (1) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS OR OPERATIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CANNASTORE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, OR COMPLETION OF ANY ORDER OR TRANSACTION. SOME JURISDICTIONS’ LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.

BECAUSE CANNASTORE IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES CANNASTORE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  1. Limitation of Liability

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR INDIRECT DAMAGES SUCH AS COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF CANNASTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.  FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OPERATIONS OR TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO CANNASTORE IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

  1. Insurance

If the gross proceeds from sales of Your products processed through CannaStore Service exceed the applicable Insurance Threshold during each month over any period of three (3) consecutive months, or otherwise if requested by us, then within thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term public third party liability insurance in connection with each CannaStore Site with at least the Insurance Limits per occurrence/aggregate covering liabilities caused by or occurring in conjunction with the operation of your business in connection with such CannaStore Site, including products liability and bodily injury, with policy (is) naming CannaStore and its assignees as additional insureds.  At our request, you will provide to us certificates of insurance evidencing the coverage required by this Section 9 to the following address: 2b Ennert dem Bierg L-5244 Sandweiler Luxembourg.

  1. Tax Matters

As between the parties, you will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as VAT and Intrastat returns and issuing VAT invoices/credit memos where required. CannaStore is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale. Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, sales, use and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, sales, use or similar taxes from you, you will pay such taxes to us.

If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

  1. Self-billing

In the event that we purchase any of Your Products, you agree that CannaStore may issue self-billed invoices on your behalf for the period from the date on which you have agreed to allow CannaStore to buy Your Products until the date on which this Agreement is terminated by us or you. Self-billed invoices will contain any information that we determine is required to issue a VAT-compliant invoice under the applicable Law. CannaStore may retain this information and use it as required by Law. You must notify us immediately if you (i) are aware of any additional information that needs to be provided to the self-billed invoices to comply with the applicable Law, (ii) cease to be registered for VAT, or (iii) change your VAT registration number. Self-billed invoices will be issued in the currency of the applicable CannaStore Site(s). Each self-billed invoice will be considered accepted if you do not reject it within 30 days from the date of issue. You agree to not raise separate sales invoices for the transactions covered by a self-billed invoice.

  1. Confidentiality

During the course of your use of the Services, you may receive information relating to us or to the Services including, but not limited to CannaStore Transaction Information, that is not known to the general public (“Confidential Information”).  You agree that: (a) all Confidential Information will remain CannaStore’s exclusive property; (b) you and your affiliates will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.  You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

  1. Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

  1. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. CannaStore is not an auctioneer, neither is it an intermediary between the buyer and the seller. You will have no authority to make or accept any offers or representations on our behalf.  You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.  This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any Person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions of this Agreement are intended to be and are for the sole and exclusive benefit of CannaStore, you, and relying customers or sellers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use.

  1. Use of CannaStore Transaction Information.

You will not, and will cause your affiliates not to, directly or indirectly:  (a) disclose or convey any CannaStore Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any CannaStore Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product that has not yet been delivered or fulfilled with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase, or to harass such Person; (d) disparage us, our affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being an CannaStore Site user. In addition, you may only use tools and methods that we designate to communicate with CannaStore Site users regarding Your Transactions, including for the purpose of scheduling or cancelling the delivery or fulfilment of Your Products. The terms of this Section 15 do not prevent you from using other information that you acquire without reference to CannaStore Transaction Information for any purpose, even if such information is identical to CannaStore Transaction Information, provided that you do not target communications on the basis of the intended recipient being a CannaStore Site user.

  1. Suggestions and Other Information

If you or any of your affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any CannaStore Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, licence, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.  In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

  1. Modification

We may amend any of the terms and conditions contained in this Agreement (including the Service Terms and Programme Policies) at any time and at our sole discretion.  Any changes will be effective upon the posting of such changes on Seller Central or on the applicable CannaStore Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices.  All notice of changes to the Agreement will be posted for at least 30 days.  Changes to Programme Policies may be made without notice to you.  You should refer regularly to Seller Central to understand the current Agreement and Programme Policies and to be sure that the items you offer for sale can be sold via the applicable Service.  YOU’RE CONTINUED USE OF A SERVICE AFTER CANNASTORE’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

  1. Password Security

Any password we provide to you may be used only during the Term to access Seller Central (or other tools we provide) to use the Services, electronically accept Your Transactions, and review your completed Transactions.  You are solely responsible for maintaining the security of your password.  You may not disclose your password to any third party (other than third parties authorized by you to use your account or Seller Central in accordance with this Agreement) and are solely responsible for any use of or action taken under your password.  If your password is compromised, you must immediately change your password.

  1. Miscellaneous

The laws of the Grand Duchy of Luxembourg govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your use of the Services or this Agreement will be adjudicated in the courts of the district of Luxembourg City, Luxembourg (a) non‑exclusively if you are not registering for the Services as a business (as set forth in the General Terms) and (b) exclusively if you are registering for the Services as a business (as set forth in the General Terms). You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.  We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

CannaStore retains the right to immediately halt any Transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Programme Policies.

The authentic language of this Agreement and subsidiary or associated documentation is English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation will prevail.  You agree we may communicate with you in English during the term of this Agreement.

We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated for notifications and updates in your programme application or within Seller Central, or by any other means then specified by CannaStore. We may also communicate with you in connection with your listings, sales, and the Services electronically and in other media, and you consent to such communications regardless of any “E-mail Preferences” (or similar preferences or requests) you may have indicated on the applicable CannaStore Site, on Seller Central, or by any other means. You may change your e-mail addresses by updating your information in Seller Central.  You will update your e-mail addresses (as well as your legal name, address and phone number) as often as necessary to ensure that they are accurate.  You must send all notices and other communications relating to CannaStore to us by using the applicable Contact Us form.

This Agreement incorporates and you hereby accept the applicable Service Terms and the applicable Programme Policies, which CannaStore may modify from time to time.  In the event of any conflicts between the Programme Policies and this Agreement, the Programme Policies will prevail. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.  This Agreement, together with the Payment User Agreement, represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

  1. Definitions

As used in this Agreement, the following terms have the following meanings:

CannaStore Associated Properties” means any website, device, service, feature, or other online point of presence, or any type of media, other than an CannaStore Site, through which any CannaStore Site, and/or products or services available on any of them, are syndicated, offered, merchandised, advertised or described.

CannaStore Site” means, as applicable, the DE CannaStore Site, FR CannaStore Site, IT CannaStore Site, ES CannaStore Site and/or the UK CannaStore Site.

Content” means copyrightable works under applicable Law and content protected by database rights.

Intellectual Property Right” means any patent, copyright, Trademark, domain name, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

IT CannaStore Site” means that website, the primary home page of which is identified by the URL www.CannaStore, and any successor or replacement website.

Law” means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.

Local Currency” means the applicable one of the following:

  • Euros (if the CannaStore Site is the DE CannaStore Site, the FR CannaStore Site, the IT CannaStore Site or the ES CannaStore Site),
  • British Pounds (if the CannaStore Site is the UK CannaStore Site).

Order Information” means, with respect to any of Your Products sold through the CannaStore Site, the order information and shipping information that we provide or make available to you.

Person” means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.

Programme Policies” means all terms, conditions, policies, guidelines, rules and other information on the applicable CannaStore Site or on Seller Central, including those shown on the “Policies and Agreements” section of Seller Central or elsewhere in the “Help” section of Seller Central (and, for purposes of the CannaStore Service, specifically including the FBC Guidelines).

Sales Proceeds” means the gross sales proceeds paid by buyers via the applicable CannaStore Site in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and other charges, any taxes and customs duties.

Seller Central” means the online portal and tools made available by CannaStore to you, for your use in managing your orders, inventory and presence on a particular CannaStore Site or any other online point of presence.

Service” means each of the following services that CannaStore makes available on one or more of the CannaStore Sites: the Selling on CannaStore Service; by CannaStore Service; Sponsored Ads, and any related services we make available.

Service Terms” means the service terms specific to each Service set forth herein and made a part of this Agreement upon the date you elect to register for or use the applicable Service and any subsequent modifications we are permitted to make to those terms.

Technology” means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b)  interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.

Trademark” means any trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under any Laws.

UK CannaStore Site” means that website, the primary home page of which is identified by the URL www.cannastore.com, and any successor or replacement website.

Your Materials” means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your affiliates to CannaStore or its affiliates.

Your Product” means any product or service that you: (a) have offered through the Selling on CannaStore Service; (b) have fulfilled or otherwise processed through the Fulfilment by CannaStore Service; or (c) have made available for advertising by you through the Sponsored Ads Service.

Your Sales Channels” means all sales channels and other means through which you or any of your affiliates offer or sell products, other than physical stores.

Your Taxes” means any and all value added, sales, use, excise, import, export and other taxes and duties assessed, incurred or required to be collected or paid for any reason (i) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services, (ii) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange, or (iii) otherwise in connection with any action, inaction or omission of you or your affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange .  Also, as it is used in the CannaStore Service Terms, this defined term also means any of the types of taxes mentioned above that are imposed on or collectible by CannaStore or any of its affiliates in connection with or as a result of (a) the storage of inventory, packaging, Your Products and other materials owned by you and stored by CannaStore; or (b) the fulfilment, shipping, gift wrapping or other actions by CannaStore to Your Products pursuant to the CannaStore Service Terms.

Your Trademarks” means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

Your Transaction” means any sale of Your Product(s) through a CannaStore Site.

 

Selling on CannaStore Service Terms

The Selling on CannaStore Service (“Selling on CannaStore“) is a Service that allows you to list certain products and services for sale directly via the CannaStore Sites.  Selling on CannaStore is operated by CannaStore Services Europe S.à r.l.

These Selling on CannaStore Service Terms are part of the CannaStore Services Europe Business Solutions Agreement (“Business Solutions Agreement“), but, unless specifically provided otherwise, concern and apply only to your participation in Selling on CannaStore. Unless defined in these Selling on CannaStore Service Terms (including the Selling on CannaStore Definitions), all capitalized terms have the meanings given them in the Business Solutions Agreement.  THE TERMS OF THE CANNASTORE PAYMENTS EUROPE – SELLING ON CANASTORE USER AGREEMENT (“USER AGREEMENT“) BETWEEN YOU AND CANNASTORE PAYMENTS EUROPE S.C.A. WILL GOVERN THE PAYMENT PROCESSING SERVICE PROVIDED TO YOU BY PAYMENT SERVICES IN CONNECTION WITH YOUR TRANSACTIONS THROUGH THE SELLING ON CANNASTORE SERVICE WHICH YOU REGISTER FOR OR USE IN CONNECTION WITH THE DE CANNASTORE SITE, THE ES CANNASTORE SITE, THE FR CANNASTORE SITE AND/OR THE IT CANNASTORE SITE. YOU ARE SUBJECT TO THE TERMS OF THE PAYMENT SERVICES USER AGREEMENT AND/OR THE PAYMENT USER AGREEMENT (AS APPLICABLE) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT.

  • Your Product Listings and Orders
    • Products and Product Information. You will, in accordance with applicable Programme Policies, provide in the format we require accurate and complete Required Product Information for each product or service that you make available to be listed for sale through any CannaStore Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and the offer and subsequent sale of any of the same on any CannaStore Site comply with all applicable Laws (including all minimum age, marking and labelling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Programme Policies), defamatory or obscene materials, and do not violate any third party’s copyright, trademark, design, database or other rights. You declare that Your Products were not produced, manufactured, assembled, or packaged by forced, prison or child labour. You may not provide any information for, or otherwise seek to list for sale on the CannaStore Sites, any Excluded Products; or provide any URL Marks for use, or request that any URL Marks be used, on any CannaStore Site. For each item you list on any of the CannaStore Sites, you will provide to us the state or country from which the item ships.
    • Product Listings; Merchandising; Order Processing. We will list Your Products for sale on a particular CannaStore Site on the applicable Selling on CannaStore Launch Date, and conduct merchandising and promote Your Products as determined by us (including via the CannaStore Associated Properties or any other functions, features, advertising, or programmes on or in connection with the applicable CannaStore Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and/or your performance as a seller and CannaStore may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Sales Proceeds relating to sales made on the DE CannaStore Site, the ES CannaStore Site, the FR CannaStore Site and/or the IT CannaStore Site will be credited to Your Selling on CannaStore payment account, in accordance with the User Agreement.
    • Shipping and Handling Charges. For those of Your Products sold on or through an CannaStore Site that are not fulfilled using CannaStore, you will determine shipping and handling charges, if applicable, via and subject to our standard functionality and categorizations for the CannaStore Site and further subject to any shipping and handling charge Programme Policies for such CannaStore Site, except that, with respect to products offered by sellers on the Individual selling plan, we will determine the shipping and handling charges (and you will accept the charges as payment in full for your shipping and handling of such products). For those of Your Products that are fulfilled using by CannaStore, please refer to the CannaStore Service Terms.
    • Credit Card Fraud. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions.  You will stop and/or cancel orders of Your Products if we ask you to do so (provided that if you have transferred Your Products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper).  You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
  • Sale and Fulfilment, Refunds and Returns
    • Sale and Fulfilment. Other than as described in the Fulfilment by CannaStore Service Terms (if you use the Fulfilment by CannaStore Service), for each CannaStore Site for which you register or use the Selling on CannaStore Service, you will: (a) source, sell, fulfil, ship and deliver Your Products that are not fulfilled using the Fulfilment by CannaStore Service, and source and sell Your Products that are fulfilled using Fulfilment by CannaStore, in each case in accordance with the terms of the applicable Order Information, these Service Terms and the Business Solutions Agreement, and all terms provided by you and displayed on the applicable CannaStore Site at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of Your Products in a commercially reasonable manner and ship each of Your Products on or before its Estimated Ship Date; (c) retrieve Order Information at least once each business day; (d) not cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions appearing on the applicable CannaStore Site at the time of the applicable order (which terms and conditions will be in accordance with the Business Solutions Agreement) or as may be required under the Business Solutions Agreement; (e) ship and fulfil Your Products throughout the CannaStore Site Country (except to the extent prohibited by Law or the Business Solutions Agreement); (f) provide to CannaStore information regarding shipment, fulfilment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) notwithstanding any other provision of these Service Terms, ensure that you are the seller of all products and services made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of Your Products, and, if applicable, any tax invoices; (j) identify yourself as the seller of the product on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and (k) except as set forth in Section 15, not send customers emails confirming orders, shipments or fulfilment of Your Products (except that to the extent Your Products qualify for payment at a time other than when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us). For those of Your Products that are fulfilled using CannaStore, if any, the CannaStore Service Terms will apply to the storage, fulfilment and delivery of such Products.
    • Cancellations, Returns and Refunds. For all of Your Products that are not fulfilled using Fulfilment by CannaStore, you will accept and process cancellations, returns, refunds and adjustments in accordance with these Service Terms and the CannaStore Refund Policies and Programme Policies for the applicable CannaStore Site published at the time of the applicable order and we may inform customers that these policies apply to Your Products. Except as otherwise set forth in the Programme Policies, you will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions. You will route all such payments through our payment system in respect of sales made on the DE CannaStore Site, the ES CannaStore Site, the FR CannaStore Site and/or the IT CannaStore Site. For all of Your Products that are fulfilled using Fulfilment by CannaStore, the CannaStore Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises.
  • Problems with Your Products
    • Delivery Errors and Nonconformities; Recalls. You are responsible for any non-performance, non-delivery, misdelivery, theft or other mistake or act in connection with the fulfilment and delivery of Your Products, except to the extent caused by: (a) credit card fraud for which CannaStore Payments Europe s.c.a. is responsible under Section 3.1 of the User Agreementor for which CannaStore Payments UK Limited is responsible under Section 3.1 of the User Agreement; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using Fulfilment by CannaStore, if any, the Fulfilment by CannaStore Service Terms will apply to non-delivery, misdelivery, theft or other mistake or act in connection with the fulfilment and delivery of those of Your Products.  You are also responsible for any non-conformity or defect in, or any public or private recall of, as well as any other safety concerns related to, any of Your Products or other products provided in connection with Your Products.  You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products or other products provided in connection with Your Products. If we determine that the performance of your obligations under this Agreement may result in returns, claims, disputes, violations of our terms or policies, or cause any other risks to CannaStore or third parties, then we will have sole discretion to mitigate them including the right to determine whether a customer will receive a refund, adjustment or replacement for any of Your Products for as long as we determine any related risks to CannaStore or third parties persist.
    • A-to-Z Guarantee. If we inform you that we have received a claim under the “A-to-z Guarantee” offered on a particular CannaStore Site or any other dispute (other than a chargeback), concerning one of Your Transactions, you will deliver to us within three (3) days after request by us:  (a) proof of delivery or fulfilment of Your Product(s) (as applicable); (b) the applicable CannaStore order identification number; (c) a description of Your Product(s) (as applicable); and (d) any terms provided by you and displayed on the applicable CannaStore Site at the time of the transaction in question.   If you fail to comply with the prior sentence, or if the claim or dispute is not caused by: (y) credit card fraud for which CannaStore Payments Europe s.c.a. is responsible under Article 3.1 of the User Agreementor for which CannaStore Payments UK Limited is responsible under Article 3.1 of the User Agreement; or (z) our failure to make your Order Information available as the same was received by us or resulting from address verification, then you will promptly reimburse CannaStore Payments Europe s.c.a. or CannaStore Payments UK Limited (as the case may be) the amount of the customer purchase (including the Purchase Price, all associated shipping and handling charges and all taxes, but excluding any associated Referral Fees (as defined in Section S-5) retained and not subject to refund by CannaStore) and all associated credit card association, bank or other payment processing, re-presentment and/or penalty fees associated with the original purchase and any chargeback or refund, in each case to the extent paid or payable by us or our affiliates.
  • Parity with Your Sales Channels

Subject to this Section S-4, you are free to determine which of Your Products you wish to list for sale on a particular CannaStore Site.  You will maintain parity between the products you offer through Your Sales Channels and the products you list on any CannaStore Site by ensuring that at the Selling on CannaStore Launch Date for any CannaStore Site and thereafter:  (a) customer service for Your Products Site is at least as responsive and available and offers at least the same level of support as the most favourable customer services offered in connection with any of Your Sales Channels (this requirement does not apply to customer service for payment-related issues on Your Transactions); and (b) the Content, product and service information and other information under Section S-1.1 regarding Your Products that you provide to us is of at least the same level of quality as the highest quality information displayed or used in Your Sales Channels.  If you become aware of any non-compliance with (a) above, you will promptly compensate adversely affected customers by making appropriate refunds to them in accordance with Section S-2.2.

  • Compensation

You hereby irrevocably authorise us to debit Your Selling on CannaStore payment account and pay us: (a) the applicable Referral Fees; (b) any applicable Variable Closing Fee; and (c) the non-refundable Selling on CannaStore Subscription Fee to cover the cost of registering your Selling on CannaStore seller account and the ongoing costs of maintaining it. The Selling on CannaStore Subscription Fee is payable in advance for each month (or for each transaction, if applicable) during the term of this Agreement.  “Selling on CannaStore Subscription Fee” means the fee specified as such on the applicable CannaStore Site at the time such fee is payable. With respect to each of Your Transactions: (x) “Sales Proceeds” has the meaning set out in the Business Solutions Agreement; (y) “Variable Closing Fee” means the applicable fee, if any, as specified on the applicable CannaStore Site and (z) “Referral Fee” means the applicable percentage of the Sales Proceeds from Your Transaction through the applicable CannaStore Site specified on the CannaStore Site at the time of Your Transaction, based on the categorization by CannaStore of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not include any shipping charges set by us in each of the following two cases: (i) in the case of Your Transactions that consist solely of products fulfilled using Fulfilment by CannaStore, and (ii) for sellers on the Individual selling plan, in the case of Your Transactions that consist solely of Media Products.  Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed in the Local Currency, and all payments contemplated by this Agreement will be charged in the Local Currency.

All taxes or surcharges imposed on fees payable by you to us or our affiliates will be your responsibility.

  • Control of Site.

Notwithstanding any provision of this Agreement, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the CannaStore Sites and the Selling on CannaStore Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to, any CannaStore Site and the Selling on CannaStore Service and any element, aspect, portion or feature thereof (including any product listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list any or all products on any or all CannaStore Sites in our sole discretion.

  • Effect of Termination

Upon termination of these Selling on CannaStore Service Terms in connection with a particular CannaStore Site, all rights and obligations of the Parties under these Service Terms with regard to such CannaStore Site will be extinguished, except that the rights and obligations of the Parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.

  • Tax Matters

In addition to the General Terms, you agree that, unless otherwise agreed by CannaStore in advance in writing, the price stated by you for Your Products is inclusive of any VAT, customs duty, excise tax or other tax that you may be required to remit in connection with such sale.

Without prejudice to the generality of the foregoing:

  • If you are a business that is established in a European Union country and you provide us with your valid VAT registration number used for intra-EU transactions, VAT will not be charged by CannaStore on the fees under these Service Terms provided you are not established in Luxembourg, and did not supply a VAT registration number issued by the Luxembourg authorities. You hereby give the following warranties and representations, namely: (i) that the VAT registration number you submit to CannaStore belongs to the business you operate, and that business is established in one of the European Union countries; (ii) that all transactions regarding the services will be business-related transactions made by the business associated with the VAT registration number you submit to CannaStore; and (iii) that the VAT registration number and all other information provided by you is true, accurate and current, and you will immediately update any such information held by CannaStore in case of any changes.
  • If you are in business and established in a European Union country, but you do not have a VAT registration number issued by one of the European Union countries, then you will be able to provide CannaStore with other evidence that you are in business. Acceptable evidence is a copy of a recent corporate tax return or an official document issued by a government agency proving that you are in business. Once your evidence is reviewed and accepted by CannaStore, VAT will not be charged by CannaStore on the fees hereunder provided you are not established in Luxembourg. You hereby give the following warranties and representations, namely: (i) that the evidence you submit to CannaStore belongs to the business you operate, and that business is established in one of the European Union countries; (ii) that all transactions regarding the services will be business-related transactions made by the business associated with the evidence you submit to CannaStore; and (iii) that the evidence and all other information provided by you is true, accurate and current and you will immediately update any such information held by CannaStore in case of any changes.
  • CannaStore reserves the right to request additional information and to confirm the validity of any seller account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby irrevocably authorise us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to us upon request.
  • We reserve the right to charge you any applicable unbilled VAT if you provide a VAT registration number or evidence of being in business that is determined to be invalid.
  • If you are a business that is established in a European Union country and you provide us with a valid VAT registration number that was issued to you by a European Union country or provide evidence of being in business, you agree to accept electronic VAT invoices in a format and method of delivery as determined by us.
  • If you are a business that is established in Switzerland or Liechtenstein and provide us with a VAT registration number, you agree to accept electronic VAT invoices in a format and method of delivery as determined by us.

Selling on CannaStore Definitions

CannaStore Refund Policies” means the return and refund policies published on a particular CannaStore Site and applicable to products sold by CannaStore  S.à r.l. via such CannaStore Site.

Estimated Ship Date” means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that CannaStore designates as requiring shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.

Media Product” means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, and/or other media product in any format, including any subscription therefor, sold through a CannaStore Site.

Purchase Price” means the total gross amount payable or paid by a buyer for Your Product (including taxes and customs duties).

Required Product Information” means, with respect to each of Your Products in connection with a particular CannaStore Site, the following (except to the extent expressly not required under the applicable Programme Policies): (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) SKU and EAN/UPC numbers and other identifying information as CannaStore may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by CannaStore from time to time); (d) categorization within each CannaStore product category and browse structure as prescribed by CannaStore from time to time; (e) digitized image that accurately depicts only Your Product, complies with all CannaStore image guidelines and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality therefor); (h) any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or sale of Your Product; (i) any vendor requirements fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and EAN/UPC numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalogue; (p) the state or country Your Products ships from; and (q) any other information reasonably requested by us (e.g., the condition of used or refurbished products), including any information required by applicable law.

Selling on CannaStore Launch Date” means the date on which we first list one of Your Products for sale on a particular CannaStore Site.

Shipment Information” means, with respect to any of Your Products, the estimated or promised shipment and/or delivery date.

Street Date” means the date(s), if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

URL Marks” means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.uk, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).

Your Transaction” is defined in the Business Solutions Agreement; however, as used in these Service Terms, it means any and all such transactions through selling on CannaStore only.

 

CannaStore Service Terms

These Service Terms are part of the CannaStore Services Europe Business Solutions Agreement (“Business Solutions Agreement“), and, unless specifically provided otherwise, concern and apply only to your participation in FBC.  BY REGISTERING FOR OR USING FBC, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENTAND THESE FBC SERVICE TERMS.  Unless defined in these FBC Service Terms, all capitalized terms are as defined in the Business Solutions Agreement. You expressly agree that CannaStore may engage its affiliate(s) or a third party in order to complete one or more of the fulfilment and associated services outlined below.

  • Your Products

Once you are accepted into FBC, you must apply to register each product you sell that you wish to include in the FBC programme in connection with a particular CannaStore Site.  You may not include any product in the FBC programme which is a FBC Excluded Product for any CannaStore Site you wish to register your product with.  We may refuse registration in FBC of any product in connection with any CannaStore Site, including on the basis that it is an FBC Excluded Product or that it violates applicable Programme Policies.  You may at any time withdraw registration of any of Your Products from FBC in connection with any CannaStore Site.

  • Product and Shipping Information

You will, in accordance with applicable Programme Policies, provide in the format we require accurate and complete information about Your Products registered in FBC, and will provide Fulfilment Requests for any Units fulfilled using FBC that are not sold through the CannaStore Site (“Multi-Channel Fulfilment Units“).  You will promptly update any information about Your Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.

  • Shipping to CannaStore
    • Except as otherwise provided in Section F-5, for each CannaStore Site(s) you register Units in connection with, such Units will be delivered to customers in such CannaStore Site Countries only. You will ship Units to us in accordance with applicable Programme Policies for the particular CannaStore Site Your Products are registered in connection with.  You will ensure that: (a) all Units are properly packaged for protection against damage and deterioration during shipment and storage; (b) terms of freight “P. (Carriage and Insurance Paid) Destination” for domestic CannaStore Site Country origin and “D.D.P. (Delivery Duty Paid) Destination” for non‑domestic CannaStore Site Country origin; and (c) all Units comply with CannaStore’s labelling and other requirements.  You will be responsible for all costs incurred to ship the Units to the shipping destination (including costs of freight and transit insurance). You will prepay all such shipping costs and CannaStore will not pay any shipping.  You are responsible for payment of all customs, duties, taxes and other charges. In the case of any improperly packaged or labelled Unit, we may return the Unit to you at your expense (pursuant to Section F-7) or re-package or re-label the Unit and charge you a corresponding administrative fee.
    • You will not deliver to us, and we may refuse to accept, any shipment or any Unsuitable Unit.
    • If you ship Units from outside the EU to fulfilment centres, you will list yourself as the importer/consignee and nominate a customs broker. If CannaStore is listed on any import documentation, CannaStore reserves the right to refuse to accept the Units covered by the import documents and any costs assessed against or incurred by CannaStore will be collected from Your Credit Card or Your Bank Account, Selling on CannaStore payment account, Selling on CannaStore payment account, deducted from amounts payable to you, or by other method at our election.
  • Storage

We will provide storage services as described in these FBC Service Terms once we confirm receipt of delivery. We will keep electronic records that track inventory of Units by identifying the number of Units stored in any fulfilment centre. We will not be required to physically mark or segregate Units from other inventory units (e.g., products with the same CannaStore standard identification number) owned by us, our affiliates or third parties in the applicable fulfilment centre(s). If we elect to commingle Units with such other inventory units, both parties agree that our records will be sufficient to identify which products are Units. We may move Units among facilities. If there is a loss of or damage to any Units while they are being stored, we will, as your sole remedy, compensate you in accordance with the FBC Guidelines for the applicable CannaStore Site). Compensation in accordance with the FBC Guidelines is our total liability for any duties or obligations that we or our agents or representatives may have and is your only right or remedy.   If we compensate you for a Unit, we will be entitled to dispose of the Unit pursuant to Section  F-7. At all other times, you will be solely responsible for any loss of, or damage to, any Units.  Our confirmed receipt of delivery does not: (a) indicate or imply that any Unit has been delivered free of loss or damage, or that any loss or damage to any Unit later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the Units of Your Product(s) specified by you for such shipment; or (c) waive, limit, or reduce any of our rights under this Business Solutions Agreement.  We reserve the right to impose, and change from time to time, scheduling restrictions and volume limitations on the delivery and storage of your inventory in the fulfilment centres, and you will comply with any of these restrictions or limitations.

  • Fulfilment

As part of our fulfilment services, we will ship Units from the inventory of Your Products in connection with a particular CannaStore Site to the shipping addresses in the applicable CannaStore Site Country included in valid customer orders, or submitted by you as part of a Fulfilment Request.  We may ship Units together with products purchased from us and/or other sellers, including any of our affiliates.  We also may ship Units separately that are included in a single Fulfilment Request.  If you participate in our export fulfilment services in connection with a particular CannaStore Site, we will also ship Your Products that we determine to be eligible (each, a “Foreign-Eligible Product“) to Foreign Addresses within countries we determine to be eligible for foreign shipments, subject to the additional terms on foreign shipments in the FBC Guidelines for the applicable CannaStore Site.

  • Customer Returns
    • You will be responsible for and will accept and process returns of, and provide refunds and adjustments for, any Multi-Channel Fulfilment Units in accordance with this Business Solutions Agreement (including the applicable Programme Policies).
    • We will receive and process returns of any CannaStore Fulfilment Units in accordance with the terms of your Seller Agreement, these FBC Service Terms and the Programme Policies for the applicable CannaStore Site. All Sellable Units registered in connection with a particular CannaStore Site that are also CannaStore Fulfilment Units and that are properly returned will be placed back into the inventory of Your Products in the FBC Programme for such CannaStore Site.  We may fulfill customer orders for Your Products in connection with a particular CannaStore Site with any CannaStore Fulfilment Units returned in connection with such CannaStore Site.  Except as provided in Section F-7, you will retake title of all Units that are returned by customers.
    • Subject to Section F-7we will, at your direction, either return or dispose of any Unit that is returned to us by a customer and that we determine is an Unsuitable Unit as provided in Section F-7. Without limitation of our rights under Section F-7.1, we may elect to return or dispose of that Unsuitable Unit.
    • If CannaStore receives a customer return of a Multi-Channel Fulfillment Unit, you will direct us to return or dispose of the Unit at your own cost failing which we may dispose of the Unit as provided in Section F-7.
    • You will be responsible for all VAT and Intrastat obligations as result of any returns.
  • Returns to You and Disposal
    • Subject to Section F-7.5, you may, at any time, request that Units be returned to you or that we dispose of Units.
    • We may return any Units (including Unsuitable Units) to you for any reason, including upon termination of these Service Terms. Returned Units will be sent to your shipping address designated by you in accordance with the Business Solutions Agreement (including the applicable Programme Policies). However, if (a) the designated address we have for you in connection with a particular CannaStore Site is outdated, incorrect or outside the applicable territory, (b) you have not provided or, upon our request, confirmed a designated shipping address, or (c) if we cannot make arrangements for you to pay for the return shipment, then the Unit(s) will be deemed abandoned and we may elect to dispose of them in our sole discretion.
    • We may dispose of any Unsuitable Unit (and you will be deemed to have consented to our action): (i) immediately if we determine in our sole discretion that the Unit creates a safety, health or liability risk to CannaStore, our personnel or any third party; (ii) if you fail to direct us to return or dispose of any Unsuitable Unit within thirty (30) days (or as otherwise specified in the applicable Programme Policy) after we notify you. In addition, you will reimburse us for any damages incurred including any expenses we incur in connection with any Unsuitable Units.
    • You may, at any time, request that we dispose of Units. We may dispose of any Unit we are entitled to dispose of in the manner we prefer.  Title to each disposed Unit will transfer to us at no cost to us as necessary for us to dispose of the Unit, and we will retain all proceeds, if any, received from the disposal of any Unit.
    • You will promptly notify us of any recalls or threatened recalls of any of Your Products and cooperate and assist us in connection with any recalls, including by initiating the procedures for returning items to you under our standard processes. You will be responsible for all costs and expenses you, we or any of our or your affiliates incur in connection with any recall or threatened recall of any of Your Products (including the costs to return, store, repair, liquidate or deliver to you or any vendor any of these products).
  • Reporting

You are responsible for the Intrastat reporting of both dispatch and arrivals on the intra-community shipment of Units to and from CannaStore fulfilment centres.

  • Customer Service
    • For Multi-Channel Fulfilment Units, we will have no customer service obligations other than to pass any inquiries to your attention at the contact you provide, and to make available a reasonable amount of information regarding the status of the fulfilment of Your Products if you request it and if and to the extent we possess the requested information. You will ensure that all of your policies and messaging to your customers regarding shipping of Your Products and other fulfilment-related matters, reflect our policies and requirements, including with regard to shipping methods, returns and customer service; and, you will conspicuously display on your website(s), in emails or in other media or communications any specific disclosures, messaging, notices, and policies we require.
    • We will be responsible for and have sole discretion regarding all customer service issues relating to packaging, handling and shipment and customer returns, refunds and adjustments related to CannaStore Fulfilment Units. We will have the right to determine whether a customer will receive a refund, adjustment or replacement for any CannaStore Fulfilment Unit and to require you to reimburse us where we determine you have responsibility in accordance with the Business Solutions Agreement (including these Service Terms and the Programme Policies for the applicable CannaStore Site).  Except as provided in this Section F-9regarding any CannaStore Fulfilment Units, customer service will be handled as set forth in your Seller Agreement.  You will be responsible for VAT related customer service enquiries including but not limited to pricing and VAT, VAT invoices and credit memos.
    • In situations relating to CannaStore Fulfilment Units where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents or contractors, we will, as your sole and exclusive remedy and at our option: (a) for any CannaStore Fulfilment Unit (i) ship a replacement Unit to the customer and pay you the applicable Replacement Value (as described in the FBC Guidelines for the applicable CannaStore Site) for the replacement Unit, or (ii) initiate a refund to the customer on your behalf and pay you the Replacement Value for the Unit; or (b) for any Multi-Channel Fulfilment Unit, pay you the Replacement Value for the Unit (and you will, at our request, provide us a valid tax invoice for the Replacement Value paid to you). Any customer refund will be initiated in accordance with the Selling on CannaStore Service Terms.  Notwithstanding the Selling on CannaStore Service Terms, we will be entitled to charge you for the applicable fees payable to us under the Selling on CannaStore Service Terms and these Service Terms, respectively. Except as expressly provided in this Section F-9.3you will be responsible for all costs associated with any replacement or return.
    • If we provide a replacement Unit or refund as described in Section F-9.3to a customer and that customer returns the original Unit to us, we will be entitled to dispose of the Unit pursuant to Section F-7, or, if it is a Sellable Unit, we may, at our option, place such Unit back into your inventory in accordance with Section F-6. If we do put it back into your inventory, you will reimburse us for the Replacement Value of the returned Unit.  Any replacement Unit shipped by us under these Service Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Unit from you to the customer via the applicable CannaStore Site in accordance with the Business Solutions Agreement, the User Agreement and/or the User Agreement, and your Seller Agreement, and will be subject to all terms and conditions applicable thereto.
  • Compensation
    • Fees. You will pay us the applicable fees set forth in the fee schedule. You will be charged the Storage Fees beginning on the day (up to midnight) that the Unit arrives at the fulfilment centre and is available for fulfilment by CannaStore (or in the case of any Unsuitable Unit, the arrival day (up to midnight)), until the earlier of: (a) the day (up to midnight) we receive a valid customer order for such product or a request from you to return or dispose of the Unit; or (b) the day (up to midnight) we actually ship the Unit to your designated return location or dispose of the Unit. You hereby irrevocably authorise us to debit Your credit card, Your Selling on CannaStore payment account and/or Your Selling on CannaStore payment account for any amounts due to us under these Service Terms.
    • Shipping and Gift Wrap. For any CannaStore Fulfilment Units we will determine the amounts charged to the customer for shipping and gift wrap services for the Units that we fulfil through the FBC Programme.  As between you and us, these charges will be your tax inclusive charges to the customer, and we will report them to you.  We will charge you (and you will pay us) a fee equal to the amount of such charges to the customer. You acknowledge and agree that you are responsible to account for any applicable VAT on the shipping and gift wrap charges to customer.
    • Proceeds. We may keep all proceeds of any Units that we dispose of or to which title transfers, including returned, damaged or abandoned Units.  You will have no security interest, lien or other claim to the proceeds that we receive in connection with the sale, fulfilment and/or shipment of these Units.
    • Taxes on Fees Payable to CannaStore. In regard to these Service Terms you can provide a VAT registration number or evidence of being in business if you do not have a VAT registration number.  If you are VAT registered, or in business but not VAT registered, you give the following warranties and representations: (a) all services provided by CannaStore to you are being received by your establishment under your designated VAT registration number; and (b) (i) the VAT registration number, or the evidence of being in business, you submit to CannaStore belongs to the business you operate; (ii) that all Transactions regarding the services will be business-related transactions made by the business associated with the VAT registration number, if evidence of being in business, you submit to CannaStore; (iii) that the VAT registration number, or evidence of being in business, and all other information provided by you is true, accurate and current and you will immediately update any such information held by CannaStore in case of any changes.

CannaStore reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby irrevocably authorize CannaStore to request and obtain such information from such government authorities and agencies.  Further, you agree to provide any such information to CannaStore upon request. CannaStore reserves the right to charge you any applicable unbilled VAT if you provide a VAT registration number, or evidence of being in business, that is determined to be invalid. VAT registered sellers and sellers who provide evidence of being in business agree to accept electronic VAT invoices in a format and method of delivery as determined by CannaStore.

All taxes or surcharges imposed on fees payable by you to CannaStore will be your responsibility.

  • Indemnity

In addition to your obligations under Section 6 of the Business Solutions Agreement, you also agree to indemnify, defend and hold harmless us, our affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; (b) the shipment, export or delivery of Your Products to Foreign Addresses (including with respect to any classification data and other information provided by you to us in connection therewith, and notwithstanding any rights we have under Section F-5 or any certifications we may make in connection with the shipment, export or delivery of Your Products); and, if applicable (c) any sales, use, value added, personal property, gross receipts, excise, franchise, business or other taxes or fees, or any customs, duties or similar assessments (including penalties, fines or interest on any of the foregoing) imposed by any government or other taxing authority in connection with the shipment of Foreign-Eligible Products to Foreign Addresses (collectively, “Foreign Shipment Taxes”).

  • Release

You hereby, on behalf of yourself and successors, subsidiaries, affiliates, officers, directors, shareholders, employees, assigns and any other person or entity claiming by, through, under or in concert with them (collectively, the “Releasing Parties“), irrevocably acknowledge full and complete satisfaction of and hereby unconditionally and irrevocably release and forever fully discharge CannaStore and each of its affiliates, and any and all of their predecessors, successors, and affiliates, past and present, as well as each of their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, through, under or in concert with any of them (collectively, the “Released Parties“), from any and all claims, obligations, demands, causes of action, suits, damages, losses, debts or rights of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative (collectively, “Losses“) which the Releasing Parties now own or hold or at any time heretofore have owned or held or in the future may hold or own against the Released Parties, or any of them, arising out of, resulting from, or in any way related to the shipment, export or delivery of Your Products to Foreign Addresses, including any tax registration or collection obligations.  You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may have some Losses , whether in contract; warranty; tort; delict; (including negligence; product liability; any type of civil responsibility; or other theory) or otherwise, against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you register for these FBC Service Terms, which the Releasing Parties are giving up by agreeing to these FBC Service Terms.  It is your intention in agreeing to these FBC Service Terms that these FBC Service Terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties, or any of them.

  • Disclaimer

IN ADDITION TO THE DISCLAIMER IN SECTION 7 OF THE BUSINESS SOLUTIONS AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS.

  • Effect of Termination

Following any termination of the Business Solutions Agreement or these FBC Service Terms in connection with a particular CannaStore Site, we will, as directed by you, return to you or dispose of the Units registered in connection with such CannaStore Site as provided in Section S-7.  If you fail to direct us to return or dispose of the Units within thirty (30) days (or as otherwise specified in the applicable Programme Policy) after termination, then we may elect to return and/or dispose of the Units in whole or in part, as provided in Section F-7, and you will be deemed to have consented to our action.  Upon any termination of these FBC Service Terms in connection with a particular CannaStore Site, all rights and obligations of the parties under these FBC Service Terms with regard to such CannaStore Site will be extinguished, except that the rights and obligations of the parties under Sections F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, F-10, F-12, F-13 and F-14 with respect to Units received or stored by CannaStore as of the date of termination will survive the termination.

  • Tax Matters

You understand and acknowledge that storing Units at the fulfilment centres may create a tax presence for you in the applicable territory in which the Site Fulfilment Centre is located, and you will be solely responsible for any taxes owed as a result of such storage.  If any Foreign Shipment Taxes or Your Taxes are assessed against us as a result of performing services for you in connection with the FBC Programme or otherwise pursuant to these FBC Service Terms, you will be responsible for such Foreign Shipment Taxes and Your Taxes and you will indemnify and hold CannaStore harmless from such Foreign Shipment Taxes and Your Taxes as provided in Section F-11 of these FBC Service Terms. You acknowledge and agree that you are responsible for preparing and filing any applicable dispatch or arrival Intrastat returns. You acknowledge that under certain circumstances some ship to addresses in the applicable CannaStore Site Country may not be charged VAT. You acknowledge that you are responsible to handle any requests for refunds of VAT on shipments to these addresses where appropriate.

  • Additional Representation

In addition to your representations and warranties in Section 5 of the Business Solutions Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all necessary rights to distribute the Units and to perform under these FBC Service Terms; (b) you will deliver all Units to us in new condition (or in such condition otherwise described by you in the applicable Your Product listing) and in a merchantable condition; (c) all Units and their packaging will comply with all applicable marking, labeling and other requirements required by Law; (d) no Unit is or will be produced or manufactured, in whole or in part, by child labour or by convict or forced labour; (e) you and all of your subcontractors, agents and suppliers involved in producing or delivering Units will strictly adhere to all applicable Laws (including any Law in the countries where Units are produced or delivered, regarding the operation of their facilities and their business and labor practices, including working conditions, wages, hours and minimum ages of workers); and (f) that all Foreign-Eligible Products (i) can be lawfully exported from the applicable CannaStore Site Country without any licence or other authorization, and (ii) can be lawfully imported into, and comply with all applicable Laws of, any Eligible Country.

Definitions

CannaStore Units” means Units fulfilled using CannaStore that are sold through any of the CannaStore Sites.

Foreign Address” means any mailing address that is not within the applicable CannaStore Site Country.

Fulfilment Request” means a request that you submit to us (in accordance with the standard methods for submission prescribed by us) to fulfill one or more Multi-Channel Fulfilment Units.

Multi-Channel Fulfilment Units” has the meaning in Section F-2.

Sellable Unit” means a Unit that is not an Unsuitable Unit.

Seller Agreement” means the Selling on CannaStore Service Terms, the Professional Seller Addendum, any successor to any of these agreements, or any other similar agreement (as determined by CannaStore) between you and us that permits you to list and sell certain products and services via a particular CannaStore Site.

Shipping Information” means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, and any other shipping-related information we may reasonably request.

Site Fulfilment Centre(s)” means the fulfilment centre(s) designated or used by CannaStore to store and fulfill Units in connection with a particular CannaStore Site.

Unit” means a unit of Your Product that you deliver to CannaStore in connection with the FBC Programme in connection with a particular CannaStore Site.

Unsuitable Unit” means a Unit:  (a) that is defective, damaged, unfit for a particular purpose, or lacking required label(s); (b) the labels for which were not properly registered with CannaStore before shipment or do not match the product that was registered; (c) that is an FBC Excluded Product or does not comply with the Agreement (including applicable Service Terms and Programme Policies); (d) that CannaStore determines is unsellable or unfulfillable; or (e) that CannaStore determines is otherwise unsuitable.

 

Sponsored Ads Service Terms

Sponsored Ads, including CannaStore Sponsored Products (“Sponsored Ads”), is a Service that allows you to advertise Your Products on CannaStore Network Properties. Until September 30th 2018, the Sponsored Ads Service is operated by CannaStore S.à r.l.

These Sponsored Ads Service Terms are part of the CannaStore Business Solutions Agreement (“Business Solutions Agreement”), but, unless specifically provided otherwise, concern and apply only to your participation in Sponsored Ads. BY REGISTERING FOR OR USING SPONSORED ADS, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENT AND THESE SPONSORED ADS SERVICE TERMS. Unless defined in these Sponsored Ads Service Terms (including the Sponsored Ads Definitions), all capitalised terms have the meanings given them in the Business Solutions Agreement.

  • Sponsored Ads

Your Ads may be displayed on any CannaStore Network Properties as we determine. We do not guarantee that Your Ads will be placed on or made available through any CannaStore Network Property, nor do we guarantee Your Ads will appear in any particular position or rank. Notwithstanding any provision of this Agreement, we have the right in our sole discretion to restrict, modify or otherwise determine the content, appearance, design, functionality and all other aspects of Yours Ads (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to, Your Ads and any element, aspect, portion or feature thereof), and to remove any of Your Ads without notice. Subject to any applicable provisions of the Business Solutions Agreement or any Seller Agreement, as between you and us, you will be responsible for all obligations, risks and other aspects pertaining to the sale of any of Your Products referred to in Your Ads, including without limitation order processing, order fulfilment, returns, refunds, recalls, misdelivery, theft, customer service, and collection of transaction taxes. In addition, you are solely responsible for (including as to all obligations, risks, liabilities and other aspects related to): all ad content, URLs and any other information you submit to us in connection with Your Ads, and the websites and/or other properties to which Your Ads direct users (other than the CannaStore Site).

We may use mechanisms that rate, or allow users to rate, Your Products and/or your performance, and we may make these ratings and feedback publicly available. We may use any means we determine necessary to review and monitor Your Ads including using automated software and other methods to cache, crawl, spider, analyze and examine websites and other properties related to Your Ads to improve our service and ad quality.

  • Product Information

You will, in accordance with applicable Programme Policies, provide, in the format we require, accurate and complete information for each of Your Ads. You will update such information as necessary to ensure it at all times remains accurate and complete. You will not provide any information for, or otherwise seek to advertise for sale on any CannaStore Network Property, any products that are unlawful or are otherwise prohibited by our Programme Policies. You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re‑format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials you submit in connection with Your Ads, and to sublicense the foregoing rights.

  • Sponsored Ads Requirements

Using the highest industry standards, you will treat users and customers who link to Your Products via any of Your Ads with courtesy and respect during all stages of the buying process and resolve to our and their satisfaction in a timely and professional manner any related customer service matters we or these users or customers bring to your attention. You will ensure that Your Materials and your advertisement, offer and subsequent sale of Your Products comply with all applicable Laws and Programme Policies, including the Content Guidelines and Product Restrictions. You will not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities in connection with your participation in Sponsored Ads, including: (a) sending multiple listings of identical products in the same feed or sending multiple feeds under different accounts; (b) generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; (c) collecting any user information from any CannaStore Network Property or retrieving, extracting, indexing or caching any portion of any CannaStore website or services or the websites or services of our affiliates, whether through the use of automated applications or otherwise; (d) targeting communications of any kind on the basis of the intended recipient being a user of any CannaStore Network Property; (e) interfering with the proper working of any CannaStore Network Property, Sponsored Ads or our systems; or (f) attempting to bypass any mechanism we use to detect or prevent such activities.

  • Payment And Tax Matters

You will pay us the applicable fees we calculate for your use of the Sponsored Ads Service, as determined solely by CannaStore, consistent with any applicable Programme Policies. Any per Click fee will be determined solely by CannaStore based on the amount you bid for each of Your Ads, consistent with any applicable product category minimums and the Programme Policies. You agree to pay us the applicable fees we calculate for your use of the Sponsored Ads Service in the applicable Local Currency only. You authorize us to charge Your Credit Card and your bank account automatically: (a) in accordance with the payment ladder described in the Programme Policies; and (b) on a recurring monthly basis for any remaining unpaid fees accrued after the last ladder payment charged in such month. You also authorize us to offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you. If we choose to invoice you for amounts due to us under this Agreement, you will pay the invoiced amounts within 30 days of the date of the applicable invoice. We may require payment of interest at the rate of 1.5% per month or the highest legally permissible rate, whichever is lower, on all amounts not paid when due until such amounts are paid in full. You will reimburse us for all fees incurred in connection with our collection of amounts payable and past due. You waive all claims related to the fees we charge (including without limitations fees based on suspected invalid Clicks on or invalid impressions of Your Ads), unless claimed within 60 days after the date charged. You understand third parties may generate impressions or Clicks on Your Ads for improper purposes and you accept this risk. Your sole and exclusive remedy for any suspected invalid impressions or Clicks is to request advertising credits within the timeframe set out above.

Without prejudice to the generality of the foregoing:

  • If you are a business that is established in a European Union country and you provide us with your valid VAT registration number, VAT will not be charged by CannaStore on the fees under these Service Terms provided you are not established in Luxembourg, and did not supply a VAT registration number issued by the Luxembourg authorities. You hereby give the following warranties and representations, namely: (i) that the VAT registration number you submit to CannaStore belongs to the business you operate, and that business is established in one of the European Union countries; (ii) that all transactions regarding the services will be business-related transactions made by the business associated with the VAT registration number you submit to CannaStore; and (iii) that the VAT registration number and all other information provided by you is true, accurate and current, and you will immediately update any such information held by CannaStore in case of any changes.
  • If you are in business and established in a European Union country, but you do not have a VAT registration number issued by one of the European Union countries, then you will be able to provide CannaStore with other evidence that you are in business. Acceptable evidence is a copy of a recent corporate tax return or an official document issued by a government agency proving that you are in business. Once your evidence is reviewed and accepted by CannaStore, VAT will not be charged by CannaStore on the fees hereunder provided you are not established in Luxembourg. You hereby give the following warranties and representations, namely: (i) that the evidence you submit to CannaStore belongs to the business you operate, and that business is established in one of the European Union countries; (ii) that all transactions regarding the services will be business-related transactions made by the business associated with the evidence you submit to CannaStore; and (iii) that the evidence and all other information provided by you is true, accurate and current and you will immediately update any such information held by CannaStore in case of any changes.
  • CannaStore reserves the right to request additional information and to confirm the validity of any seller account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby irrevocably authorize us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to us upon request.
  • We reserve the right to charge you any applicable unbilled VAT if you provide a VAT registration number or evidence of being in business that is determined to be invalid.
  • If you are a business that is established in a European Union country and you provide us with a valid VAT registration number that was issued to you by a European Union country or provide evidence of being in business, you agree to accept electronic invoices (including VAT invoices) in a format and method of delivery as determined by us.
  • If you are a business that is established in Switzerland or Liechtenstein and provide us with a VAT registration number, you agree to accept electronic invoices (including VAT invoices) in a format and method of delivery as determined by us.
  • Effect of Termination

Your termination rights are set out in Section 3 of the Business Solutions Agreement. Upon termination of these Sponsored Ads Service Terms, all rights and obligations of the parties under these Sponsored Ads Service Terms will terminate, except that Sections C-1, C-2, C-4, C-5, C-6 and C-7 will survive termination.

  • Agents

If you are an Agent: (a) you represent and warrant that you have been appointed as an agent of Sponsored Ads Participant, that you are duly authorized to execute this Agreement on behalf of Sponsored Ads Participant and have full power and authority to bind Sponsored Ads Participant to these Sponsored Ads Service Terms, that all of your actions related to this Agreement and the Sponsored Ads Service will be within the scope of this agency, and that the Business Solutions Agreement and these Sponsored Ads Service Terms will be enforceable against Sponsored Ads Participant in accordance with their terms; (b) you will, upon our request, provide us written confirmation of the agency relationship between you and Sponsored Ads Participant, including, for example, Sponsored Ads Participant’s express acknowledgment that you are its Agent and are authorized to act on its behalf in connection with; (c) Sponsored Ads except as set forth in this Agreement, you will not make any representation, warranty, promise or guarantee about Sponsored Ads, us or your relationship with us; (d) you will perform your duties pursuant to the Business Solutions Agreement and these Sponsored Ads Service Terms in a professional manner consistent with any requirements we may establish; (e) you will not at any time use information received in connection with Sponsored Ads to conduct any marketing efforts targeted at our existing advertisers and/or Sponsored Ads Participants; (f) you and Sponsored Ads Participant will be jointly and severally liable for all payment obligations under these Product Ads Service Terms, and you and Product Ads Participant each waive any rights that might require us to proceed against one or more of you prior to proceeding against the other; and (g) you will abide by all restrictions applicable to the Sponsored Ads Participant under this Agreement, including without limitation confidentiality and non-use obligations (e.g., you will not disclose any Confidential Information generated or collected in connection with Sponsored Ads to any person or entity other than to the Sponsored Ads Participant to which such data or information relates, and you will not use any Confidential Information generated or collected in connection with Sponsored Ads for any purpose other than creating, managing, and reporting advertising campaigns on CannaStore Network Properties on behalf of the particular Sponsored Ads Participant that has expressly authorized you to do so).

  • Miscellaneous
    • Representations

In addition to your representations and warranties in Section 5 of the Business Solutions Agreement, you represent and warrant to us that:

  • on any website to which Your Ads link, (other than on the CannaStore Site) you will at all times post and comply with a privacy policy that complies with all applicable Laws; and
  • Your Materials and any information displayed on your website or on any website to which Your Ads link (for the CannaStore Site, only to the extent such information is based on Your Materials) comply with all applicable Laws (including without limitation all marking and labeling requirements) and do not contain any false, misleading infringing, defamatory, obscene or sexually explicit materials (except to the extent expressly permitted under applicable Programme Policies).
  • Indemnification

In addition to your obligations under Section 6 of the Business Solutions Agreement, you also agree to indemnify, defend and hold harmless us, our affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim arising from or related to: (a) your participation in Sponsored Ads, including the display of any of Your Ads, any website, Content, data, materials or other items or information to which Your Ads link, or any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing; (b) your actual or alleged breach of any representation, warranty, or obligation set forth in these Sponsored Ads Service Terms or the applicable Programme Policies; or (c) if you are an Agent, any breach or alleged breach of your representations, warranties or obligations set forth in Section C-6 of these Sponsored Ads Service Terms.

  • Disclaimers

IN ADDITION TO THE DISCLAIMERS IN SECTION 7 OF THE BUSINESS SOLUTIONS AGREEMENT, WE AND OUR AFFILIATES DISCLAIM AND YOU WAIVE ALL CLAIMS REGARDING ANY GUARANTEES ABOUT TIMING, POSITIONING, ADJACENCY, PERFORMANCE, QUANTITY OR QUALITY OF (AS APPLICABLE): PLACEMENTS, TARGETING, IMPRESSIONS, CLICKS, CLICK RATES, CONVERSION RATES, AUDIENCE SIZE, DEMOGRAPHICS OR ADVERTISING COSTS.

  • API Partner

You may authorize another entity (“API Partner”) to access or use the Sponsored Ads Service on your behalf through an application program interface or other means as we may designate. Your authorization of an API Partner to access or use the Sponsored Ads Services is conditioned on our consent, which we may grant or withdraw at any time in our sole discretion. You will require your API Partner to be bound by, and your API Partner will comply with, all restrictions applicable to you under this Agreement (including without limitation your confidentiality and non-use obligations). As between you and us, you will be fully responsible for the acts, omissions, and obligations of your API Partner as if such acts, omissions, and obligations were your acts, omissions, and obligations.

Sponsored Ads Definitions

Agent” means an advertising agency or other person or entity who represents Sponsored Ads Participant.

CannaStore Network Properties” means: (a) the CannaStore Site; (b) any website, device, service, feature or other online point of presence operated by CannaStore or any of our affiliates; and (c) any CannaStore Associated Properties.

Click” means each time a user clicks on any of Your Ads as determined solely by CannaStore.

Sponsored Ads Participant” means any person or entity enrolled in Sponsored Ads by you if you are the Agent of that person or entity.

Your Ads” means any advertisement for Your Product based upon Your Materials that is displayed through Sponsored Ads.

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