GENERAL TERMS AND CONDITIONS OF PURCHASE

UPDATED May 20, 2019

FOR GENERAL TERMS AND CONDITIONS PLEASE VISIT: Manitobaharvest.com/terms

OVERVIEW

Manitobaharvest.com is owned operated and maintained by Fresh Hemp Foods Ltd. (dba Manitoba Harvest) and was created for your information and on-line shopping. Your use of this site and the information on this site is subject to the following terms and conditions. Your use of this site is subject to the most current terms and conditions posted on the site at time of such use; your use and browsing of this site constitutes your acceptance, without limitation or qualification, of the rules within the terms and conditions of use. Manitoba Harvest reserves the right to modify these terms and conditions without notice. By visiting our site and/or placing an order for products or services from this website, you affirm that you are of legal age and/or have the authority to enter into this agreement, and you accept and are bound by these terms and conditions. The Terms and Conditions apply to all users of this site, including without limitations users who are customers, vendors, browsers and/or other merchants. This page contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

These terms are an integral part of the website Terms and Conditions that apply generally to the use of our site. You should also carefully review our privacy policy before placing an order for products or services through this site. See our Privacy Policy.

ACCEPTANCE

These Terms and Conditions (these “Terms”) apply to the purchase and sale of products and services through shop.manitobaharvest.com (the “Site”). These Terms are subject to change by Manitoba Harvest (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

GOODS NOT FOR RESALE OR EXPORT

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

PROHIBITED USES

You may not use the Site or its content for any purpose that is (a) unlawful or (b) to solicit others in the performance of any unlawful activity or (c) to infringe upon the rights of Manitoba Harvest or others. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

PAYMENT AND PRICING

100% of the purchase price shall be due upon completion of your order and prior to shipment of the product.

Prices posted on this Site may be different than prices offered by us at third-party retail locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. While we always aim to display accurate price information, there may be occasions where we make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

From time to time, we may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms.

PACKING AND SHIPPING

All items shall be properly prepared for shipment shall be in accordance with the shipping description set out in the confirmation page. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

30-DAY MONEY BACK GUARANTEE

We at Manitoba Harvest are committed to customer satisfaction and want to provide you with the opportunity to try and experience our products. For your first order of any product in each brand category, we are happy to offer a 30-day money back guarantee. This guarantee is open to residents of the United States who purchase our products from our website. If you purchased our products through a Manitoba Harvest distributor or retailer, please go to the original purchase location for any returns or exchanges.

If you don’t love the product then tell us in no less than 20 words why you were not satisfied with the product and we’ll refund the purchase price plus any shipping cost. Refund limited to one time per household, and one product in each product category (further detail below).

To claim your money back guarantee, within 30 days of receiving your product shipment, please follow the process below:

  • Contact us at info@manitobaharvest.com or at 1-800-665-4367.
  • Tell us in no less than 20 words why you were not satisfied with the product.
  • Send your original payment confirmation from the webstore.

A maximum of one claim per household will be accepted for this guarantee in each brand category. Household is defined as the same address. Brand category is defined as oil drops, spray, softgel or protein powder.  All claims must be postmarked within 30 days from the purchase date of the product.

This guarantee is limited to the cost of the eligible product plus up to $29.99 to reimburse shipping cost. We reserve the right to verify all claims received and reserve the right to deny claims that are not made in good faith, tamper with the claims process, or do not comply with these Terms and Conditions. Refunds or replacements are processed within approximately five (5) to seven (7) business days. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

RETURNS AND REFUNDS DUE TO PRODUCT QUALITY

Product quality is exceptionally important to Manitoba Harvest, and we are fully committed to your satisfaction. If you don’t love your product, we are offering a 30 day money back guarantee. Please refer to the 30 day money back guarantee policy for details.  For quality or damage concerns pertaining to product purchased from the Manitoba Harvest webshop, please contact us at Info@manitobaharvest.com or at 1-800-665-4367. To investigate your concern, please be ready to provide the following information:

  • Package Size
  • Product
  • Lot #
  • Packaged on date
  • Consumed product previously?
  • Consumed hemp previously?
  • Location of Purchase
  • Date on which you experienced this concern
  • Picture(s) of product and/or concern
  • Your shipping address & phone number
  • Shipping receipt or invoice

If product quality concerns exist, we may request product to be returned for evaluation, which will result in a full refund or product replacement. We may also need to adjust this policy as required by the laws of the state in which you live.

Refunds or replacements are processed within approximately five (5) to seven (7) business days. Your refund will be credited back to the same payment method used to make the original purchase on Shop.ManitobaHarvest.com.

Certain products on the Site may be designated as Final Sale or Non-refundable. We offer no refunds on any products with those designations.

We reserve the right to deny any return or refunds if we believe the return or refund is not made in good faith. The return and refund policy is subject to change without notice.

If you purchased our product through a Manitoba Harvest distributor or retailer, go to the original purchase location and refer to their return or exchange policy.

REVIEW GUIDELINES

We value your feedback and welcome product reviews. Reviews are intended to foster a community environment and help others find the right product suited for their needs. We value constructive feedback and will continually assess consumer feedback to further improve our product and web shop experience.

Reviews will be removed that are offensive or damaging to others in our community including those that contain any of the following:

  • Profanity or obscenities
  • Defamatory, threatening or harassing language
  • Hatred or intolerance for others on the basis of race, gender, sexual orientation, age, disability or religion
  • Solicitation
  • Links to external websites
  • Redundant posts about the same product
  • Information or recommendations that could be harmful to others

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Manitoba Harvest and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

LIMITED LIABILITY

MANITOBA HARVEST SHALL NOT IN ANY EVENT BE LIABLE TO THE YOU OR YOUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CUSTOMERS, USERS OF OUR GOODS, OR ANY THIRD PARTY FOR ANY TYPE OF INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

COMPLIANCE

Manitoba Harvest warrants that all goods supplied under this purchase order shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances at the time of delivery; provided, however, the parties hereto acknowledge that the products contain, or are derived from, hemp in accordance with the parties’ understanding of Section 7606 of the Agricultural Act of 2014 and/or the related provisions of the Agriculture Improvement Act of 2018 (collectively, the “Farm Bill”), though there remains uncertainties as to whether any other federal, state or local law may or may not conflict with, or be superseded by, the Farm Bill. Each party acknowledges that such currently existing uncertainties under federal, state and local laws concerning hemp are subject to change at any time in the sole discretion of the applicable authority. Each party hereby waives any defenses to the enforcement of this purchase order based on an “illegality of purpose” theory or related defenses.

FORCE MAJEURE

Manitoba Harvest will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

PRIVACY

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Manitoba Harvest.

SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.s/

GOVERNING LAW AND JURISDICTION

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the United States.

DISPUTE RESOLUTION AND BINDING ARBITRATION

(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO
LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE
LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US
ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS
THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA“)
in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as
modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the
AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of
this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability
and/or enforceability of this arbitration provision, including any unconscionability challenge or any
other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The
arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.
Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a
judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing
party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting
provided by law.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you
provide us with written notice of your intention do so within 60 days of your purchase. The arbitration
or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed and the remaining arbitration terms will be enforced.

ENTIRE AGREEMENT

These Terms, our Website Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.