You agree to the terms and conditions set forth below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.
PLEASE BE AWARE THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED IN THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS. SPECIFICALLY, ALL DISPUTES MUST BE ARBITRATED AND NO CLASS ACTIONS, CONSOLIDATED OR REPRESENTATIVE ACTIONS ARE STRICTLY PROHIBITED, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
READ THIS ENTIRE AGREEMENT OR DO NOT PURCHASE THE PRODUCT.
AGREEMENT
This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("I", "You", "Your" or "Customer"), and Medal CBD, the owner and administrator of this Website and all content and products and functionality contained herein ("Our", "Us", or "Company") (collectively, the "Parties" or "We"). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms", "Terms of Use" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website”). These Terms also relate to any ancillary products or offers provided by or owned by Us. This agreement is related to the purchase and or use of our products, offers, and or website.
ARBITRATION and CLASS ACTION WAIVER and NO TRIAL BY JURY PROVISIONS You and Medal CBD including any legal entity that owns or operates it, agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Medal CBD's products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You agree that any dispute, lawsuit, or proceeding will be conducted on an individual basis. This means you will NOT seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You and Medal CBD further agree that arbitrations under this Agreement shall take place on an individual basis, and class actions are not permitted. Any arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Medal CBD further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance based arbitration, and initiated through an established alternative dispute resolution provider. The arbitration shall be subject to the Federal Arbitration Act and not any state arbitration laws, and more specifically will be governed by the AAA’s commercial arbitration rules, and if applicable, procedures for consumer related disputes. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in the state of California. For a copy of the procedures, how to file a claim, or other information about Arbitration you may contact AAA at adr.org. Judgment on the award from the arbitrator may be entered by any court of competent jurisdiction. The arbitrator may also have the authority to issue any temporary, preliminary, or permanent injunctive relief if it deems equitable and is within the scope of this agreement. The arbitration process, proceedings, and award shall be confidential and shall remain confidential. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within the State of California. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND NO TRIAL BY JURY, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
ACCEPTANCE OF TERMS & CONDITIONS OF USE
By using, visiting, or browsing the Website, as well as placing an order with Medal CBD through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Medal CBD and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Rush My Order"; "Submit" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records. You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
ONE TIME PURCHASE
By placing an order with us, you agree to our full Terms and Conditions and Privacy Policy where you will immediately be billed the total amount (free shipping & handling) of the selected product(s). If there is any reason this item is not for you, call our Customer Service toll-free number at 833-239-9426 or email [email protected]. Purchase options are as follows:
Roll On Stick: $6.99
CBD Oil: $49.75
CBD Gummies: $119.36
CBD Massage Oil 2pck: $160.32
CBD Gummies 2pck: $199.40
REFUND POLICY
We refund all cases of fraud and unauthorized transactions. Additional refunds are issued at the discretion of the company.
Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
We will credit one returned unopened product per customer if the received package is postmarked within 30 days of the original order date and included with a RMA number obtained from customer service. No returns are credited after 30 days of the original order date. Merchandise must be returned at customer's expense accompanied by an RMA. Absolutely no returns for refunds are credited for partially used product. No refunds for any packages without an RMA. You may request a RMA and instructions on how to submit a return by calling 833-239-9426
Please be aware that your refund can take up to thirty (30) days to process and appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department. Shipping and handling costs are not refundable.
CANCELLATION POLICY
4.1 All cancellations received by Medal CBD will be effective upon receipt (Phone ONLY, email within 24 hours)
4.2 You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for products on the Site or other Medal CBD Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your credit card, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Medal CBD. You agree that you will remain liable for any unauthorized use of the Medal CBD Services, until you have notified us by calling us at 833-239-9426.
4.3 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Medal CBD for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
4.4 You further acknowledge and agree that you will remain liable to Medal CBD for any unauthorized use of the Medal CBD Services associated with your purchase.
SHIPPING TERMS
Orders are generally shipped within 2-4 business days (Monday - Friday 9am to 6pm CST and Saturday 11am to 4pm CST) using our standard USPS or CPFC shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Medal CBD does not guarantee specific arrival dates or times. Medal CBD does not refund or credit delivery or processing charges for any shipments.
Contacting Customer Care / Billing: You may contact our customer care department by using our toll-free phone number. Toll-Free Customer Care phone: 833-239-9426.
Return Address:
Medal CBD, 5275 Market St Unit A San Diego Ca 92114, USA
WARRANTIES
We do not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who consume our products. Individual results will vary from person to person.
THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Medal CBD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, Medal CBD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Medal CBD MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
YOUR REPRESENTATIONS
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Medal CBD has the right to rely upon all information provided to Medal CBD by You, and Medal CBD may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
BILLING
Upon purchase of your product the credit card provided will be immediately charged. Customer Care Information: At Medal CBD we care about our customers and want to hear from you. We have a United States customer support center. We are open Monday - Friday 9am to 6pm CST and Saturday 11am to 4pm CST. We are closed most holidays. Our toll free phone number is 833-239-9426.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. Medal CBD reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Medal CBD believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Medal CBD provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address.
INTELLECTUAL PROPERTY
Our website contains unique content owned exclusively by us, including the text and graphics. We strictly prohibit the duplication of this site in any way shape or form. Any unauthorized use of our copyrighted content is prohibited.
Our site may be used stock images, which have been paid for. Any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited. We hold a valid copyright for the look and feel of our site, but do not make any claims as to ownership for any stock images.
Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a nonexclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of us, financially or otherwise.
We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to:
Medal CBD
Attn: Copyright Agent
833-239-9426
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our website, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice. Please be aware, it is against the law to send a false DMCA takedown and we will pursue all available remedies for people who send false DMCA takedowns.
Third Party Websites and Links: The Website may provide links to other World Wide Web sites or resources. Medal CBD has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Medal CBD Website. Medal CBD cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Medal CBD Website or third-party content on our sites. Medal CBD does not endorse any of the merchandise, nor has Medal CBD taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Medal CBD does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Medal CBD with respect to such sites and third-party content. Medal CBD strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Medal CBD nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to wwwdomain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Medal CBD.
INDEMNITY
You agree to defend, indemnify, and hold harmless Medal CBD, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California's Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Medal CBD shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Medal CBD does not hear from You promptly, Medal CBD reserves the right to
FORCE MAJEURE
Medal CBD shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Medal CBD performance.
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Medal CBD shall be governed exclusively by the laws of State of California, excluding its conflict of law provisions.
CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our agent for notice and sent via email to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 833-239-9426.
NO WAIVER
No waiver of or by Medal CBD shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Medal CBD reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Medal CBD does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Medal CBD in writing, these terms and conditions may not be amended by You.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.