Terms & Conditions
Effective Date: 2/20/2020
This web page represents a legal document and is the Terms and Conditions (“Agreement”) for our website, www.Bestil.com (“Website”). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
The terms “us,” “we,” and “our” refer to Bestil, Co., the owner of this Website. The term “Product” refers to any products we sell or give away.
Acceptance of Agreement
This Agreement is between you and Bestil, Co.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS PLACING AN ORDER FOR PRODUCTS FROM OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE DO NOT PURCHASE ANY PRODUCTS FROM OUR WEBSITE.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you andBestil, Co. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under this Agreement, 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 any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Bestil, Co. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our customer service department at firstname.lastname@example.org.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.Bestil.com Privacy Notice, do not use this Website or our Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Denver, Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Denver, Colorado and will be governed by and construed in accordance with the laws of the state of Colorado without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to Products purchased on our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You shall comply with all laws, regulations and ordinances that are applicable to the purchase and use of the Products and this Agreement and its performance hereunder. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that you need to carry out your obligations under this Agreement and to purchase Products from our Website.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Bestil, Co.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Bestil, Co.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
TO THE EXTENT NOT PROHIBITED BY LAW, THIS AGREEMENT IS EXCLUSIVE OF ALL WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO A PERIOD OF THREE (3) MONTHS FROM THE DATE OF SHIPMENT OF THE PRODUCTS PURCHASED FROM THE WEBSITE.
Limitation of Liability
IN NO EVENT WILL BESTIL, CO. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM PRODUCTS PURCHASED FROM OUR WEBSITE, EVEN IF BESTIL, CO. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BESTIL, CO.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCTS PURCHASED BY YOU FROM OUR WEBSITE.
All prices posted on the Website are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when you purchased it. Any refund or return may be subject to restocking fees as found on our Website.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to or arising from your violation of this Agreement or your improper use of Products purchased from the Website.
Severability and Survival
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 court may 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 compatible with, and possible under, applicable law. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Your Representations and Warranties
You representations and warranties to us that this Agreement has been reviewed and agreed to by you, and this Agreement constitutes a legal, valid, and binding obligation of you enforceable against you in accordance with its terms under applicable law.
We shall not be liable or responsible to you, nor be deemed to have defaulted 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 or circumstances beyond the reasonable control of us 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, lock-outs, strikes or other labor disputes (whether or not relating to either party’s 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.
Acknowledgment of Law
You hereby acknowledge and agree that: (i) your state may have enacted certain legislation regulating the medical or recreational use of the Products and your use thereof may be illegal under state or federal law unless you act in compliance with applicable laws; and (ii) the Food and Drug Administration does not regulate and has not approved the use of the Products.
We do not suggest nor recommend anyone use any of the Products if a concern exists about a positive drug screen. Rather, it is always our recommendation to discuss the use of the Products with whomever may be requiring the drug screen to get their consent as to the use of the Products.
Using hemp or hemp extract, in any form, while you are pregnant or breastfeeding may be harmful to your baby. There is no known safe amount of hemp or hemp extract use, including CBD, during pregnancy or breastfeeding. Consult with your doctor before use.
WE DO NOT WARRANT THE EFFICACY OF THE PRODUCTS FOR ANY HEALTH OR MEDICINAL USE.
WAIVER OF ILLEGALITY DEFENSE
EACH PARTY AGREES THAT THIS AGREEMENT’S INVALIDITY FOR PUBLIC POLICY REASONS AND/OR ITS VIOLATION OF FEDERAL OR STATE LAWS IS NOT A VALID DEFENSE TO ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT. EACH PARTY EXPRESSLY WAIVES THE RIGHT TO PRESENT ANY DEFENSE RELATED TO THE ILLEGALITY OF THE PRODUCTS AND AGREES THAT SUCH DEFENSE SHALL NOT BE ASSERTED, AND WILL NOT APPLY, IN ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time without prior written notice, in our sole discretion. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions will constitute your acceptance of such change.