Terms & Conditions
WEBSITE TERMS & CONDITIONS
(Last modified 8/22/20)
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
RETAIL BUYER TERMS & CONDITIONS
Any purchase made by Buyer are subject to the following terms and conditions
ARTICLE I. AGREEMENT TO SELL GOODS
1. Sales Agreement. All purchases made by you, the Buyer (“Buyer”) from Lovewell Farms LLC (“Seller”) are governed by the Terms and Conditions in this document. By purchasing any goods from the Seller, you the Buyer are expressly agreeing to these terms.
2. Description of the Goods. The Description of the specific goods and prices are included in any pricing and description sheet provided by the Seller to the Buyer. Seller reserves the right to change the availability of products, product pricing, product milligram content, and product ingredients. Buyer shall inquire on current product availability and pricing prior to placing any order.
ARTICLE II. RETAIL SALES
1. Retail sales only. All sales over the Seller’s website or in person are solely for individual personal use, and are not for resale, wholesale, repackaging, or any other purpose outside of individual consumer use. Repackaging or resale shall be considered a violation of this Agreement, a violation of the Seller’s intellectual property rights, and Seller may bring an action against Buyer for any claim Seller may have in law or equity, including injunctive relief.
ARTICLE III. OPPORTUNITY FOR INSPECTION
1. Inspection Period. If any Product is defective, damaged or missing, Buyer shall provide notice to Seller, in writing, within five business (5) days of arrival of delivery of Product to Seller (“Inspection Period”).
2. Buyer’s Election. Buyer may receive replacement product for any defective, damaged, or missing product. Replacement product will be provided in the same timeframe as outlined in Article VI (2).
3. Acceptance. Failure to provide notice to Seller by Buyer within five (5) business days shall constitute acceptance by Buyer.
ARTICLE IV. TESTING
1. Seller’s Testing Obligations. Seller agrees that all products will be manufactured in compliance with Rhode Island state law. Seller will test all products through an independent third party testing facility to verify that all products contain .3% THC or below, as is required by state and federal law.
ARTICLE V. SHIPMENT AND DELIVERY
1. Shipment. Seller shall ship Goods to Buyer at the location Buyer provides to Seller prior to shipment. Unless expressly agreed to by the Parties in writing, Seller shall be responsible for selecting and securing a reliable and safe method of shipment of, and the carrier for, the transportation of the Goods.
2. Payment and Time of Shipment. At the time of placement of each order, Buyer shall pay in full for the order. Delivery time from the time of the placement of the order by Buyer and payment by Buyer, will be between four (4) to five (5) weeks, although may change based on weather, product availability, or other circumstances. Any delay in delivery over five (5) weeks from order shall be communicated to Buyer by Seller within two (2) weeks of Buyer placing order.
3. No right of return. Buyer has no right to return Goods purchased under this Agreement to Seller. All sales are final.
4. Confirmation of Address. Buyer shall ensure that all addresses provided to Seller are accurate. If the Buyer provides an incorrect address and the package is delivered incorrectly or lost, the Buyer is under no obligation to replace that order. If a package is returned because it cannot be delivered, and the customer contacts Seller within seven (7) days of the order, then Seller will ship a replacement item, however Buyer shall be responsible for the additional shipping costs.
ARTICLE VI. TITLE AND RISK OF LOSS
1. Title. Title to Goods ordered under this Agreement passes to Buyer upon Seller’s shipment of the Goods.
2. Risk of Loss. Risk of loss to all Goods ordered under this Agreement passes to Buyer upon Seller’s shipment of the Goods.
ARTICLE VII. PRICE, PAYMENT AND ORDERING
1. Price. Seller reserves the right to change pricing at any time, and Buyer shall inquire on current pricing prior to placing a purchase order. Once an order has been submitted, paid for, and the payment has posted to Seller’s account, the pricing shall be “locked in” for the order reflected in the purchaser order.
2. Method of Payment. Payment may be made by any method listed on the Seller’s website.
3. Cancellation for Non-Payment. Seller reserves the right to cancel an order if payment is not settled, is invalid, or is rejected or charged back by the credit card company provided by Buyer. Orders will be shipped after payment is received in full.
4. Processing Fees. Some orders may be charged a processing fee and/or a currency exchange fee, which the Buyer is solely reliable for. Refer to your payment method provider for more information. The limitation of liability and indemnification policy in this document applies to all payment methods and payment processing. We are not responsible for incorrect charges, errors, or losses as a result of the payment method used while buying our products on our site.
5. Availability of Product. Placement of an order does not guarantee availability of product. Should any product become unavailable after Buyer places an order with Seller, Seller shall notify Buyer and refund any amounts paid by Buyer for the out of stock products. No further amounts shall be due from Seller to Buyer, and return of the purchase price shall be the sole remedy at law and equity available to the Buyer
ARTICLE VIII. COMPLIANCE WITH LAWS
1. BUYER ACKNOWLEDGES THAT LOVEWELL FARMS MAKES NO HEALTH CLAIMS RELATED TO ANY OF LOVEWELL’S PRODUCTS, LOVEWELL MAKES NO CLAIMS THAT HEMP OR HEMP PRODUCTS CAN OR COULD CURE, PREVENT OR MITIGATE ANY DISEASE OR HEALTH CONDITION, EITHER IN HUMANS OR ANIMALS.
ARTICLE IX.  LIMITATION OF LIABILITY
ARTICLE X.  LIMITATION OF WARRANTY
1. Seller makes no warranty, representation or guarantee regarding the suitability of the products for any particular purpose or the continuing production of any product. To the maximum extent permitted by applicable law, Seller disclaims (i) any and all liability arising out of the application or use of any product, (ii) any and all liability, including without limitation special, consequential or incidental damages, and (iii) any and all implied warranties, including warranties of fitness for a particular purpose, non-infringement and merchantability.
ARTICLE XI. INDEMNIFICATION
1. Because of constantly evolving laws, it is the Buyer’s sole responsibility to confirm that hemp products are legal in their local, state, county or territory. Seller makes no express or implied warranties or representations that their products are in compliance with the laws or regulations of the Buyer’s jurisdiction. Buyer expressly indemnifies, agrees to defend, and to hold harmless Seller from any legal claims brought because of the possession or use of Seller’s products in the Buyer’s jurisdiction.
ARTICLE XII. GENERAL
1. Entire Agreement. This Agreement, including all related schedules, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Buyer acknowledges that except for the representations and warranties and the limited product warranty, and neither Seller nor any other Person has made or makes any express or implied representation or warranty, either written or oral, on behalf of Seller, including any representation or warranty arising from statute or otherwise in law.
2. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”) to the Seller shall be delivered to the resident agent as identified with the Rhode Island Secretary of State.
3. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to affect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
4. Amendment and Modification. These terms may be amended by the Seller. Any subsequent modifications shall govern the terms for purchases after this agreement has been modified and posted on the Seller’s website.
5. Waiver. No waiver under this Agreement is effective unless it is in writing and signed by the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and it does not operate as a waiver on any future occasion.
6. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
7. Dispute Resolution. Any dispute arising out of this Agreement, which cannot be resolved by negotiation, shall be settled by binding arbitration in accordance with the American Arbitration Association Commercial Arbitration Rules and Procedures as amended by this Agreement. The cost of arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing presenting its case. The parties agree that this provision and the Arbitrator’s authority to grant relief shall be subject the United States Arbitration Act, 9 U.S.C. 1-16 et seq. (“USAA”), the provisions of this Agreement, and the ABA-AAA Code of Ethics for Arbitrators in Commercial disputes. The Arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA. Nothing in this provision shall be construed so as to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction.
8. Choice of Law and Jurisdiction. This Agreement and all rights and obligations of the parties shall be construed and governed in accordance with the laws of the State of Rhode Island. Both parties agree to submit to the personal jurisdiction of the State of Rhode Island. The Parties hereby consent to the exclusive jurisdiction of such courts, and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with this Agreement. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all schedules attached to this Agreement and thereto, and all contemplated transactions, in any forum other than the state courts located in Providence, Rhode Island, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts, and each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Notwithstanding the foregoing, certain claims may be subject to mandatory arbitration, and if required by Law, the Parties shall first submit their claims to arbitration prior to commencing an action in any court of law.
9. Force Majeure. Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) changes in Law or enforcement priorities regarding hemp; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any Governmental Authority; (g) national or regional emergency; (h) strikes, labor stoppages, or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities (j) pandemics (each a Force Majeure Event ).
10. Acknowledgement. THE PARTIES WAIVE ANY DEFENSES BASED UPON INVALIDITY OF CONTRACTS FOR PUBLIC POLICY REASONS AND/OR THE ILLEGALITY OF THE SUBSTANCE OF THE AGREEMENT.