Terms And Conditions


TERMS AND CONDITIONS

                                           

The following Terms and Conditions apply to the use of this web site, as well as all transactions conducted on or through this site. 

 

Legal Notice

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. By using this site, you agree to and accept these terms and conditions, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below, so please be sure to read the following carefully. If you do not agree to these terms and conditions, please do not use this site.

 

Promotion and Coupon Codes 

Multiple coupon codes cannot be used simultaneously. When buying bulk volume through the website for special tiered discounts, no coupon code can be used.

Shipping & Delivery

TakeBackControlCBD LLC (referred to in these Terms and Conditions as TakeBackControlCBD LLC or sometimes “we” or “us”), generally ships items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site. We fill domestic orders using United States Postal Service Priority Mail and United Parcel Service, which generally result in delivery within two to three days. Requests for use of a courier service or for overnight shipping cannot be processed on this web site; however, we generally can accommodate these requests if you place your order by phone at the telephone number first appearing above. TakeBackControlCBD LLC requires a signature for all orders with a value of $150 or more.

Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. TakeBackControlCBD LLC is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.

Unless otherwise noted on this web site, delivery of products is FAS (Incoterms (2000), the international rules for the interpretation of trade terms of the International Chamber of Commerce) TakeBackControlCBD LLC's facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon TakeBackControlCBD LLC's delivery of the products you order to the U.S. postal service or courier service.

International Sales

At this time we do not offer international shipping

Return Policy

TakeBackControlCBD LLC does not accept returns.

Lost Packages

If a package is lost after we ship it, which does occasionally occur, TakeBackControlCBD LLC will not be responsible if the tracking information lists the order as “delivered,” which means UPS or the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to TakeBackControlCBD LLC, TakeBackControlCBD LLC will reship the order. Please note that TakeBackControlCBD LLC is not responsible for errors of USPS or courier services, or if you provide or confirm an incorrect address. It therefore is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you. If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.

Website Health and Medical Disclaimer 

This website contains general information about diet, health and nutrition. The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied. TakeBackControlCBD LLC makes no representations or warranties in relation to the medical information on this website. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Warranty Disclaimer

This site and, except as provided in the following sentence, the materials and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. TakeBackControlCBD LLC warrants that all TakeBackControlCBD LLC products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.

TakeBackControlCBD LLC MAKES NO warranty WITH respect to products, SERVICES OR THIS WEB SITE THAT IS NOT SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, WRITTEN OR ORAL, arising by operation of law or OTHERWISE, including, but not limited to, any implied warranty of merchant ability or fitness for a particular purpose. THE remedies provided are exclusive, AND TakeBackControlCBD LLC expressly and specifically disclaims, and customer irrevocably waives, the right to seek, all other remedies.

TakeBackControlCBD LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TakeBackControlCBD LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.

Limitation of Liability

In no event shall TakeBackControlCBD LLC BE liable for consequential, incidental, indirect or special damages of any kind, including without limitation loss of revenue, profits, value or use, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, or punitive or exemplary damages. NO PERSON IS AUTHORIZED ON BEHALF OF TakeBackControlCBD LLC TO GIVE ANY OTHER REPRESENTATIONS, OR TO MODIFY OR EXTEND the LIMITED WARRANTIES PROVIDED ON THIS WEB SITE, OR TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THIS WEB SITE OR THE PRODUCTS OFFERED FOR SALE BY TakeBackControlCBD LLC. TakeBackControlCBD LLC's total liability for any claim, whether in contract, warranty or tort (excluding willful misconduct or gross negligence) will not exceed the price PAID FOR the product or service which gives rise to such claim.

TakeBackControlCBD LLC shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.

Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will TakeBackControlCBD LLC liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.

Typographical and Inadvertent Errors

In the event that a TakeBackControlCBD LLC product is mistakenly listed at an incorrect price, TakeBackControlCBD LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, TakeBackControlCBD LLC shall issue a credit to your credit card account in the amount of the incorrect price charged to you.

Copyright

The entire content of this site, including but not limited to text, graphics and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of TakeBackControlCBD LLC LLC, The collective work includes works that are licensed to TakeBackControlCBD LLC.  All rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TakeBackControlCBD LLC or purchasing TakeBackControlCBD LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TakeBackControlCBD LLC or to purchase TakeBackControlCBD LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by TakeBackControlCBD LLC.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of TakeBackControlCBD LLC used in the site are trademarks or registered trademarks of TakeBackControlCBD LLC

Notice

TakeBackControlCBD LLC may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to TakeBackControlCBD LLC, or by any other method reasonably believed by TakeBackControlCBD LLC to be reliable.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TakeBackControlCBD LLC, without prior notice, at any time for any reason. The provisions relating to Legal Notice, Website Health and Medical Disclaimer, Warranty Disclaimer, Limitation of Liability, Copyrights, Trademark, Governing Law/Jurisdiction, and Indemnification shall survive any termination.

Governing Law; Jurisdiction

Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of (TakeBackControlCBD LLCproducts) shall be exclusively in the state and federal courts located in New York, and you waive any right to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TakeBackControlCBD LLC products) must be commenced within one (1) year after the claim or cause of action accrues. TakeBackControlCBD LLC failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TakeBackControlCBD LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, and invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

TakeBackControlCBD LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TakeBackControlCBD LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, TakeBackControlCBD LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to TakeBackControlCBD LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless TakeBackControlCBD LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Third-Party Links 

Your use of linked sites and third-party services and resources is at your own risk.

In an attempt to provide increased value to our visitors, TakeBackControlCBD LLC may link to sites operated by third parties. However, these linked sites are provided solely for your convenience, and you enter them at your own risk. TakeBackControlCBD LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TakeBackControlCBD LLC. Nonetheless, TakeBackControlCBD LLC seeks to protect the integrity of its web site, and therefore requests any feedback on sites to which it links, including if a specific link does not work.

 

Store Policies

WEBSITE DISCLAIMER: This website contains general information about diet, health and nutrition. The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied. TakeBackControlCBD LLC makes no representations or warranties in relation to the health information on this website. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, you should consult with your doctor or other health care provider.

Neither the Company nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. This website may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of, and does not make any representations regarding the materials on, such linked third-party websites. If you decide to access or rely on information at linked third-party website, you do so at your own risk.

SHIPPING: We ship all items usually within 1 business day of an order placement. If there is a general delay happening on our end it will be clearly stated on our website. We ship through USPS, and packages can be tracked through their website.

Orders over $150 will automatically be shipped via priority mail with a signature requirement, unless otherwise specified. Orders under $150 will be shipped via USPS, with no signature required. Overnight shipping is not an option on the web site, but we can accommodate for this over the phone if need be. We can add or remove a signature requirement to packages upon request.

LOST PACKAGES: If a package gets lost in transit (very rare, though it does happen) we will absolutely re-ship the order. If the tracking information however says the package was ‘delivered,’ then this means USPS successfully delivered the package to the given address and our job has been effectively accomplished. If it says delivered, yet it’s lost anyway, we ask that you check with housemates or family to see if they received the package without telling the intended customer. This scenario happens fairly often. Wind storms can also cause the package to roll over into a bush or off a front porch. USPS will not mark an order as delivered if it hasn’t been, so please look carefully.

PACKAGE SENT TO WRONG ADDRESS: If a package is sent to the wrong address, and the order was placed online by a customer, than the customer is responsible for the cost of re-shipping the item. We will re-ship the order once the original package has returned to us. So please, when ordering, make sure your shipping address is 100% accurate, as making any mistake could significantly delay the delivery.

When placing an order over the phone, we will read back your shipping address (and other ordering information) and double check that it is 100% correct every time.

RETURNS: We do not accept returns.

PRIVACY POLICY: TakeBackControlCBD LLC privacy policy addresses how the ‘Personally identifiable information’ (PII) of users of this website is being used online. PII, as used in in this policy, means generally information that can be used, alone or with other information, to identify, contact or locate an individual, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your PIP.

TakeBackControlCBD LLC collects the following information concerning users of this website:

Name

Email address

Mailing address

Phone number

Credit card information

 

Information is collected from you when you:

 

Place an order

 

The information collected from you is used in the following ways:

To personalize your experience

To improve the website

To improve customer service

To administer contests, promotions, or a survey or other site feature

To process transactions

To communicate periodically via email

 

In an effort to comply with the Fair Information Practices Act, TakeBackControlCBD LLC will take the following responsive action, should a data breach occur:

We will notify the users via email

  • Within 1 business day

We will notify the users via in site notification

  • Within 1 business day

We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors

CAN SPAM Act

We collect your email address:

To send information, respond to inquiries, and/or other requests or questions.

To process orders and to send information and updates pertaining to orders

  • We may also send you additional information related to your product and/or service.

To market to our mailing list or continue to send emails to your clients after the original transaction has occurred

To be accordance with CANSPAM we agree to the following:

We will NOT use false, or misleading subjects or email addresses

We will identify the message as an advertisement in some reasonable way

We will include the physical address of our business or site headquarters

We will monitor third party email marketing services for compliance, if one is used.

We will honor opt-out/unsubscribe requests quickly

We will give an ‘opt-out’ or ‘unsubscribe’ option

If at any time you would like to unsubscribe from receiving future emails, you can email us at info@TakeBackControlCBD.com and we will promptly remove you from all correspondence


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