By accessing and using this website (this “Site” “dpcbd.com”) and purchasing products or services on it, you agree to abide by these Terms & Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site. This Site is operated by Dusty Prairie LLC or one of its affiliates (“Dusty Prairie Farms,” “Dusty Prairie,” “DP CBD,” “us,” “our(s),” or “we”). We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise.
If you violate any of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
By accessing, using, or placing an order on this Site, you certify that you are at least eighteen (21) years of age.
PAYMENT AND PROCESSING
All online orders must be made via credit or debit card and will be processed through Square®, which is mandatory for all transactions conducted through this Site. We process payment once your order is placed; however, we will not ship your order until after processing.
We take up to five days to process your order, depending on the size of your order.
You are responsible for all sales tax or other applicable taxes, other than income taxes, as well as necessary shipping, storage, or handling costs, if any, incurred in connection with your order.
By utilizing a credit card or debit card (“Card”) to pay for the products, you authorize the Dusty Prairie to charge the full amount reflected on your purchase order to the Card that you provide in connection with the sale. You agree that, except as otherwise provided herein, all Card payments to the Dusty Prairie are nonrefundable. You further agree that you shall not initiate or request any chargeback or associated amounts (a “Chargeback”) from the Card issuer, the issuing bank, or the Card processor. In the event you violate this provision, you shall be solely and exclusively responsible for any Chargeback and for reimbursing the Dusty Prairie in full, within seven (7) days, in the event of any Chargeback.
RETURNS AND CANCELLATIONS
All finished products, sample kits & Starter Pack, are final and non-refundable.
Once we have processed your order, we aim to ship your order as promptly as possible. Orders will be shipped within 3-5 business days of placing your order.
DELIVERY/RISK OF LOSS
Dusty Prairie shall ship the product to the shipping address you provide during your order. Title and risk of loss will transfer from the Dusty Prairie to you upon shipment of the products.
You agree to maintain all records necessary to comply with all applicable laws relating to the sale, storage and shipment of the products in your order. Dusty Prairie will do the same. All such records shall be maintained for such a period as may be required by applicable law.
USE OF IMAGES AND MARKS
You may not use, or authorize others to use, the name, symbols, or marks of the Dusty Prairie in any advertising, marketing, or publicity material or make any form of representation or statement with regard to the services provided hereunder which would constitute an express or implied endorsement by Dusty Prairie.
Dusty Prairie, in Dusty Prairie’s sole discretion, shall determine whether or if any products placed in the market by any party must be withdrawn or recalled from the market. In the event that the Dusty Prairie determines a recall is necessary, you agree to comply with the Dusty Prairie’s recall procedures.
RIGHT OF INSPECTION
Upon Dusty Prairie supplying products to you pursuant to your order, you will have seven days to inspect the shipment of products upon receipt to verify the shipment’s conformity to the specifications provided by Dusty Prairie as of the time the Product was delivered to you. If you allege that any portion or all of any shipment of the products did not conform to the specifications provided as of the time it was delivered to you (each non-conforming product, a “Defective Product”), and Dusty Prairie agrees with the claim, then you will be entitled to reject such portion that includes Defective Product. You must notify Dusty Prairie in writing if the shipment of products includes Defective Products that existed at the time of the delivery of the products. Such notification shall be made as soon as reasonably practicable after discovery of the nonconformity, but not later than seven days after delivery. The notice must: (i) specify the reasons for rejection, and (ii) contain the testing results and methodology used to determine the non-conformance of the products. If you do not so reject the products within seven days after delivery, you will be deemed to have accepted the products.
If a notice of rejection is received by Dusty Prairie within the time frame set forth above, you will cooperate with Dusty Prairie in determining whether such rejection is justified. The Dusty Prairie will notify you as soon as reasonably possible, but no later than twenty-one days after receipt of your notice, whether it accepts your basis for rejection. If you and Dusty Prairie are unable to agree, then we will select an independent third party to determine whether the product conforms with your order (the “Third Party Determination”). If the third-party determines that the product conformed to specifications as of the time the product was delivered to you, then you will be deemed to have accepted the product at the agreed-upon price and you will bear the cost of the Third Party Determination. If the third-party determines the products did not conform to the specifications at the time the product was delivered to you, your sole and exclusive remedy shall be to return the non-conforming product, and the Dusty Prairie will refund the money you paid for the non-conforming product. We will also bear the cost of the Third-Party Determination.
LIMITED WARRANTY AND ACKNOWLEDGMENT
Dusty Prairie warrants that the products will comply with Dusty Prairie’s specifications as of the date they are shipped to you. Except for the foregoing, you acknowledge that you have not relied on, and Dusty Prairie has not made, any representations or warranties with respect to the quality or condition of the products. You acknowledge that you are purchasing the products on an “as is” basis. EXCEPT AS OTHERWISE PROVIDED HEREIN, DUSTY PRAIRIE EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE PRODUCTS.
Products manufactured by a third party (“Third Party Product(s)”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third-Party Products are not covered by the warranty set forth in Section 11(A). For the avoidance of doubt, DUSTY PRAIRIE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Dusty Prairie shall not be liable for a breach of the warranty set forth in Section 11(A) unless: (i) you give written notice of the defect, reasonably described, to Dusty Prairie within 3 days of the time when you discover or should have discovered the defect; (ii) the Dusty Prairie is given a reasonable opportunity after receiving the notice to examine the products and you (if requested to do so by us) return the products to our place of business at your sole cost; and (iii) we reasonably verify your claim that the Products are defective.
Dusty Prairie shall not be liable for a breach of the warranty set forth in Section 11(A) if: (i) you use the products after giving notice of an alleged warranty breach; (ii) the defect arises because you failed to follow any applicable instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair the products without our prior written consent.
Subject to the provisions set forth in this Section, with respect to any such products entitled to warranty coverage by Dusty Prairie, we will, in our sole discretion, either: (i) repair or replace the products (or the defective part), and you will pay for all applicable shipping costs, or (ii) credit or refund the price of the products (excluding any shipping costs) at the pro rata contract rate; provided that, if we so request, you shall, at our expense, return the products to us. THE REMEDIES SET FORTH IN SECTION 11(E) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE DUSTY PRAIRIE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(A).
BUYER’S REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) you will not make any false claims in any packaging, labeling, advertising, promotional material, or other sales and marketing efforts regarding the products; (ii) you will comply with all applicable laws relevant to the products and your purchase order and will actively assist Dusty Prairie in its compliance with same; and (iii) that you have sole and exclusive responsibility for determining whether the products (including the shipment, transportation, storage, sale, importation, or manufacture thereof) comply with applicable laws, including, but not limited to, the laws in your state of importation, purchase, or residency. You will immediately cease distribution of any products purchased from Dusty Prairie to the extent reasonably required in Dusty Prairie’s reasonable discretion in connection with the Dusty Prairie’s efforts to cooperate or comply with any actual or potential government action relevant to any product.
STATEMENTS REGARDING PRODUCTS
All information provided by Dusty Prairie, through the Site, or from other information provided over the phone, email, or any other transmission is purely for educational and informational purposes. This should never be interpreted as a recommendation to undertake a specific action or as a claim to any particular product. Using the information for legal or illegal activities is at your own risk. Dusty Prairie does not guarantee that any information on the Site is up-to-date or otherwise accurate.
Our products do not have any medical value. Our products may not be used as a medicine or as a replacement for medicines.
All graphics on this site are for illustration purposes only. We reserve the right to change branding and packaging without notice. All illustrations, pictures, design, text, marks, and logos on this Site are copyrighted. Any commercial use of any of these contents is strictly prohibited without the written permission of Dusty Prairie.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE DUSTY PRAIRIE BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS. IN NO EVENT SHALL THE DUSTY PRAIRIE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE GOODS EXCEED THE TOTAL AMOUNT PAID TO DUSTY PRAIRIE BY YOU FOR THE PRODUCTS SOLD HEREUNDER. The limitation of liability shall not apply to liability resulting from the Dusty Prairie’s willful or intentional misconduct.
Dusty Prairie shall not be liable or responsible for any failure or delay in fulfilling or performing any these Terms when and to the extent the failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Dusty Prairie, including, but not limited to, 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 either party’s workforce), restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage; provided that, if the event in question continues for a continuous period in excess of 30 days, you will be entitled to terminate your purchase with Dusty Prairie.
LAST UPDATED MARCH 23, 2020