Shipping Terms of Service
Updated: February 17, 2019
Welcome to Eaze’s shipping services (“Eaze Shipping”). These Shipping Terms of Service (“Shipping Terms”) and the terms and conditions herein are an addendum to the Eaze Terms of Service (“Agreement”) (collectively, the “Eaze Terms”) and constitute a legal, binding agreement between you and Wellness Shop, Inc. (“Wellness Shop”), it’s parent company, Eaze Technologies, Inc., and any additional subsidiaries and affiliates (collectively, “Eaze”). Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Shipping Terms apply to your purchase, receipt, and use of legal industrial hemp-derived products or accessories available for purchase from Eaze, or any other items sent to you via Eaze Shipping (collectively, “Products”).
YOUR USE OF EAZE SHIPPING IS SUBJECT TO THE DISPUTE RESOLUTION SECTION OF THE EAZE TERMS OF SERVICE. THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND EAZE TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CAREFULLY. BY ENTERING INTO THE AGREEMENT AND AGREEING TO THESE SHIPPING TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE EAZE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Acceptance of the Shipping Terms
By accessing or using Eaze Shipping or accepting the Agreement, you hereby expressly acknowledge and agree to be bound by the Shipping Terms. The Shipping Terms are part of, and are governed by, the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service. In the event of any conflict between the Eaze Terms and the Shipping Terms, the Shipping Terms will control for any matters relating to or arising from the use of Eaze Shipping.
DISCLAIMERS & ACKNOWLEDGEMENTS
By accessing or using Eaze Shipping or otherwise accepting the Eaze Terms, you agree to and acknowledge the following:
- Eaze Shipping does not provide, sell, or ship medical or adult-use cannabis or cannabis products that meet the definition of “marihuana” under 21 U.S.C. § 820(16) (to be referred to hereinafter as “marijuana”).
- Many of the Products available via Eaze Shipping contain industrial hemp-derived cannabidiol or “CBD.” Industrial hemp is defined as the plant cannabis sativa L. that contains less than .3% THC on a dry weight basis.
- Eaze does not cultivate or manufacture hemp, nor does it package, label, or test Products. Through Eaze Shipping, Eaze resells Products purchased from third parties to you for individual purchase and personal use.
- Wellness Shop, Inc. is a distinct, wholly owned subsidiary of the Eaze Technologies, Inc., and does not sell or facilitate the sale of marijuana. You further acknowledge and agree that any purchase you make from Wellness Shop cannot and will not be combined, commingled, or associated with any purchase from a Retailer that sells marijuana products via other aspects of the Eaze Platform.
- Some of the Brands that cultivate, manufacture, or sell Products available via Eaze Shipping may also carry marijuana or marijuana products that are not available for purchase via Eaze Shipping. You further acknowledge and agree that marijuana or marijuana products are available for on-demand delivery on different aspects of the Eaze Platform, and that these products are not available for purchase via Eaze Shipping.
Acknowledgment Of Federal Law
You expressly acknowledge and agree that Eaze Shipping operates under applicable federal law, which may be different from federal law applicable to other aspects of the Eaze Platform, and it is your responsibility to review applicable federal laws to determine whether you are legally able to purchase, possess, or use Products available via Eaze Shipping. Furthermore, you acknowledge, agree, and understand that your purchase and use of Products available via Eaze Shipping is subject to oversight of regulatory bodies such as the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”). You acknowledge and agree that Eaze shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.
Acknowledgment Of State And Other Applicable Laws
You expressly acknowledge that sales or use of Products available via Eaze Shipping may be regulated under applicable state, local, or international laws. Eaze Shipping is not available in all states. You acknowledge that your use of Eaze Shipping or Products available via Eaze Shipping is subject to such laws, and that it is your responsibility to review the laws of your state and to know whether you are legally able to purchase, receive, possess, or use Products available via Eaze Shipping. You acknowledge and agree that Eaze shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.
Any statements on the Eaze Platform or on any Products available via Eaze Shipping have not been evaluated by the FDA. Some or all of the Products and/or ingredients in any of the Products available via Eaze Shipping have not been approved or endorsed by the FDA or any regulatory agency. The Products available via Eaze Shipping are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. THE INFORMATION PROVIDED IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN BEFORE USING THE PRODUCTS. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our Products.
SHIPPING AND FINAL SALE
Products available via Eaze Shipping are shipped to an address designated by you, provided that such address is within the Eaze Shipping Service Areas, which are determined solely by Eaze.
Product orders can take multiple business days to be processed and shipped. Products are shipped utilizing a third-party logistics provider who sends Products and accessories via ground shipping. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products purchased via Eaze Shipping passes to you upon shipment. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
All Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, or to discontinue offering certain Products without prior notice and in our sole discretion.
Billing & Fees
Any fees that Eaze charges you for Products purchased via Eaze Shipping are due immediately. In addition to any other Charges described in the Agreement, Charges through Eaze Shipping may include applicable Shipping Fees due at the time of checkout.
Final Sale Products
All products are purchased as “FINAL SALE” and are not eligible for return, exchange or credit without exception. Final Sale products are sold AS IS. This includes all sale products and products purchased using a promotional code.
If any provision of these Shipping Terms is held to be invalid or unenforceable, you and Eaze agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Eaze to enforce any right or provision in these Shipping Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eaze in writing.