Delivery Terms of Service

INTRODUCTION

Welcome to Club Nirvana’s Delivery services (“Club Nirvana Delivery”). These Delivery Terms of Service (“Delivery Terms”) and the terms and conditions herein are an addendum to the Club Nirvana Terms of Service(“Agreement”) (collectively, the “Club Nirvana Terms”) and constitute a legal, binding agreement between you and Club Nirvana, Inc., and any additional subsidiaries and affiliates (collectively, “Club Nirvana”). Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Delivery Terms apply to your purchase, receipt, and use of legal CBD/THC products or accessories available for purchase from Club Nirvana, or any other items sent to you via Club Nirvana Delivery (collectively, “Products”).

YOUR USE OF CLUB NIRVANA DELIVERY IS SUBJECT TO THE DISPUTE RESOLUTION SECTION OF THE CLUB NIRVANA TERMS OF SERVICE. THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND CLUB NIRVANA 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 DELIVERY TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE CLUB NIRVANA TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Acceptance of the Delivery Terms

By accessing or using Club Nirvana Delivery or accepting the Agreement, you hereby expressly acknowledge and agree to be bound by the Delivery Terms. The Delivery 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 Club Nirvana Terms of Service and the Delivery Terms, the Delivery Terms will control for any matters relating to or arising from the use of Club Nirvana Delivery.

DISCLAIMERS & ACKNOWLEDGEMENTS

By accessing or using Club Nirvana Delivery or otherwise accepting the Club Nirvana Terms of Services, you agree to and acknowledge the following:

• Club Nirvana Delivery will deliver products by using the current laws provided by the State of California and will abide by the licensing restrictions
• Club Nirvana does not cultivate or manufacture, nor does it package, label, or test Products. Through Club Nirvana Delivery, Club Nirvana resells Products purchased from third parties to you for individual purchase and personal use.
• Some of the Brands that cultivate, manufacture, or sell Products available via Club Nirvana Delivery may also carry marijuana or marijuana products that are not available for purchase via Club Nirvana Delivery. You further acknowledge and agree that marijuana or marijuana products are currently not available for on-demand delivery.

Acknowledgment Of Federal Law

You acknowledge, agree, and understand that your purchase and use of Products available via Club Nirvana Delivery is subject to oversight of regulatory bodies. You acknowledge and agree that Club Nirvana 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 Club Nirvana Delivery may be regulated under applicable state, local, or international laws. Club Nirvana Delivery is not available in all states. You acknowledge that your use of Club Nirvana Delivery or Products available via Club Nirvana Delivery 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 Club Nirvana Delivery. You acknowledge and agree that Club Nirvana shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.

Health Information

Any statements on the Club Nirvana Platform or on any Products available via Club Nirvana Delivery have not been evaluated by the FDA. Some or all of the Products and/or ingredients in any of the Products available via Club Nirvana Delivery have not been approved or endorsed by the FDA or any regulatory agency. The Products available via Club Nirvana Delivery 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.

DELIVERY, RETURNS, & REFUNDS

Delivery Policy

Products available via Club Nirvana Delivery are delivered to an address designated by you, provided that such address is within the Club Nirvana Delivery Service Areas, which are determined solely by Club Nirvana.

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 Delivery. All transactions are made pursuant to a Delivery contract, and, as a result, risk of loss and title for Products purchased via Club Nirvana Delivery passes to you upon shipment. Estimated delivery times are determined based on the method of Delivery 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

Club Nirvana uses a third-party payment processor (“Payment Vendor”) to bill your purchase of Products via Club Nirvana Delivery. By choosing to purchase products via Club Nirvana Delivery, you authorize the Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of the applicable Payment Vendor.

Any fees that Club Nirvana charges you for Products purchased via Club Nirvana Delivery are due immediately. In addition to any other Charges described in the Agreement, Charges through Club Nirvana Delivery may include applicable Delivery Fees due at the time of checkout.

Refunds & Exchanges

If you are unhappy with your purchase, please contact Customer Support by emailing support@Club-Nirvana.com or calling 1-800-399-4188. Product purchases may be not exchanged or refunded all deliveries are final.

If you received products damaged during Delivery, you must notify us within 48 hours of shipment delivery to qualify for an exchange of the exact product. Once the damaged product has been received, a new order will be shipped out to you free of charge.

This policy shall apply at all times regardless of your decision to terminate your usage, Club Nirvana’s decision to terminate your usage, disruption caused to the Club Nirvana Platform (either planned, accidental or intentional), other delays or disruptions, or any other reason whatsoever. Your refund or exchange may be denied if we determine that your request is based on or related to misuse, abuse, or fraudulent activity.

GENERAL

If any provision of these Delivery Terms is held to be invalid or unenforceable, you and Club Nirvana agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Club Nirvana to enforce any right or provision in these Delivery Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Club Nirvana in writing.

A fee maybe charged if after the first delivery attempt is unsuccessful.  After multiple attempts for delivery are unsuccessful termination from the Club Nirvana platform will be at the discretion of Club Nirvana.