This website (the "Website") is owned, operated and provided by Cannabis NB Ltd./Cannabis
N.-B. Ltée, in conjunction with and on behalf of its subsidiaries, affiliates, related corporations and business names (collectively, “CNB”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing, browsing or using this Website, creating an online account, or initiating an electronic transaction with CNB, (collectively, the “Online Services”) you signify your agreement with these Terms and Conditions of Use (the “Terms & Conditions”). These Terms & Conditions form a legally binding agreement between you and CNB and are for the benefit of and may be enforced by CNB. If at any time you do not agree with the Terms & Conditions, do not use the Online Services.
CNB reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms & Conditions at any time and you agree to be bound by such modifications, alterations or updates when they are posted on the Website. You agree to regularly review the Terms & Conditions as posted at this Website and to be aware of such modifications. Your use of the Online Services following any such modification constitutes your agreement to follow and be bound by the modified Terms & Conditions. If at any time, these Terms & Conditions are no longer acceptable to you, you should immediately cease all use of the Online Services.
The CNB Privacy Statement (the “Privacy Statement”) summarizes the privacy practices for CNB’s retail and online activities and how CNB protects the privacy of its customers and visitors to this Website in compliance with the Right to Information and Protection of Privacy Act (RTIPPA) and other applicable legislation. The Privacy Statement is incorporated into these Terms & Conditions, and should be consulted for more information on how personal information collected through the Online Services is handled by CNB. If you do not agree with the Privacy Statement, do not use the Online Services. Cannabis products may also be purchased in person from one of our retail stores.
Compliance with Laws
In addition to complying with these Terms & Conditions, you agree to use the Online Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Without limiting the generality of the foregoing, you agree not to interfere or attempt to interfere with the proper working of the Online Services, or use the Online Services to link to, post, transmit or distribute any content which is offensive, invades another person’s privacy, contains computer viruses, or any other malicious programs, software or malware, could result in civil or criminal liability, or is otherwise objectionable, or unlawful.
Some jurisdictions may have restrictions on the use of the Internet by their residents. Potential users of the Online Services in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms & Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Online Services illegal, are not authorized to use the Online Services.
TERMS & CONDITIONS FOR CNB ONLINE SALES
Legal Age and Purchase limitations for Recreational Cannabis in New Brunswick
CNB is a responsible retailer that abides by the provisions outlined in the federal Cannabis Act as well as the Cannabis Control Act (New Brunswick) which specifies that all customers purchasing recreational cannabis and cannabis accessories in New Brunswick must be 19 years of age or older. To access and shop on this Website, customers must be 19 years of age or older, and must attest to this fact before entering the online store, and again upon delivery of a cannabis or cannabis accessory order.
Adults 19 years of age and older in the province of New Brunswick may legally possess cannabis of one or more classes (e.g., dried cannabis, fresh cannabis, cannabis plant seeds) to a total amount equivalent to or less than 30 grams of dried cannabis (DFE). As such, customers are only permitted to purchase the equivalent of 30gms of dried cannabis (DFE) per transaction. CNB may, in its sole discretion, limit the quantity of cannabis products purchased per customer, per address, or per transaction, without notice, and reserves the right to refuse or cancel orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
Creating an Account and Providing Personal Information
To purchase cannabis or cannabis accessories online, you must create an account, by selecting ‘Create an Account’ on this Website.
By creating an account, you agree that you will not register a username (email address) that:
- may impersonate another person;
- is accessible by others (e.g., family email accounts that may be accessed by other family members, or work email accounts which may or may not be shared (e.g. with a delegate or admin person) and can be accessed by the employer);
- belongs to another person;
- violates the intellectual property or other right of any person or entity; or
- in CNB’s sole discretion, is offensive.
CNB will use the email address you provide us to send you emails to confirm your account creation, confirm your purchase, reset your password and inform you about the delivery status of your order. You do not have the option to unsubscribe from these ‘transactional’ emails as they are necessary to ensure successful purchase and delivery of your order. Since these emails are automatically generated and sent to the email you provide, you may want to choose a personal and private email address that only you can access.
Usernames and Passwords
You are solely responsible and liable for any use and misuse of your username and password and for all activities that occur under your username and password. For security reasons, you must keep your username (which is the email address you have provided) and password confidential and not disclose them to any person or permit any other person to use them.
All login names and passwords remain the property of CNB and may be cancelled or suspended at any time by CNB without any notice or liability to you or any other person.
Making Changes to Your Account and Your Personal Information
CNB encourages you to keep the personal information associated with your account as accurate and up-to-date as possible. You may update your phone number, shipping or billing address at any time by logging into your CNB user account, navigating to the My Account tab and clicking on Profile.
Once your account has been created, however, you cannot change your email address (as this serves as your username) and you may not deactivate your account or delete the personal information associated with it, as this is connected to purchase transactions, which CNB is required to retain.
Online payment can be made by VISA, VISA debit, MasterCard or MasterCard debit. Please complete the credit card section at the checkout page in full. CNB uses Moneris, a third-party service provider, for payment processing, to complete your purchase. Your credit card information is never stored by CNB.
By submitting your order, you represent that you are authorized to use the designated credit card and you authorize CNB to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. CNB reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.
To accept delivery of a cannabis or cannabis accessory, an individual must be at least 19 years or age or older and, upon request, provide proof in the form of a valid government-issued photo identification to CNB’s authorized delivery partner.
Purchases made on this Website will be delivered to the New Brunswick shipping address indicated at the time of making an online purchase. Purchases will not be delivered outside of New Brunswick, or to CNB retail stores.
If the person receiving the goods is unable or unwilling to provide satisfactory evidence of proof of age, the delivery company will be unable to deliver the product. If the individual accepting delivery of a purchase is from outside of Canada, the delivery company will only accept a passport to provide proof that he or she is at least 19 years of age.
If the delivery company is unable to successfully deliver product to an individual that is over 19 years of age, the undelivered product will be held for pickup at a designated pick-up location. CNB will issue a refund to customers for any products not successfully delivered after the designated 15-day waiting period (a restocking fee may apply).
Valid government-issued photo identification
Types of valid ID that are accepted include:
- Provincially issued Driver’s License,
- Canadian Military ID,
- Passport, or
- Any other valid ID specific by regulation.
CNB Product Refund and Exchange Policy
All online and retail cannabis purchases are final sale.
However, Cannabis NB may offer a refund or exchange under one of the following circumstances:
- If an accessory product arrives damaged and/or has an electrical failure.
- If you were shipped an incorrect product, or if an item is missing from your shipment.
- If you have submitted a complaint to the licensed producer via the phone number on the cannabis product packaging and, based on investigation of the complaint, the licensed producer has provided Cannabis NB with approval to issue a refund.
In any of the qualifying circumstances listed above, the refund or exchange must be completed within 30 days of the original purchase and you must have your proof of purchase (receipt or online order confirmation).
Cannabis NB reserves the right to refuse any request for a refund or exchange.
An order is considered unclaimed if the package is refused delivery, returned to sender, or if delivery is attempted and the package is not claimed within 15 calendar days from the designated pick up location. Any product (excluding accessories) within an unclaimed order is required to be destroyed, for safety purposes, and accessories must be restocked. A Product Disposal/Restocking Fee will be applied equal to 50% of the product price plus the associated HST. A refund of 50% of the product price plus the associated HST will be refunded to the customer. Shipping charged will not be refunded.
CNB reserves the right to adjust product prices at any time and is not required to give customers advance notice. All prices listed on www.cannabis-NB.com are in Canadian dollars and include all applicable taxes.
Online Product Availability
Products listed by CNB are available for purchase online and availability may change without notice. Products available online are not necessarily available in CNB retail stores. CNB shall not be liable for inventory shortages and will make every reasonable effort to keep the product list and inventory levels current.
CNB takes product recalls very seriously, and will immediately remove any recalled products, make the public aware of the recall and comply with any other activities as ordered by the federal Minister of Health.
Termination or Modification of Service
CNB reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Website at any time, for any reason, including violation of the Terms & Conditions, without prior notice to you and without any liability to you for doing so. CNB may change, modify, suspend or discontinue all or any part of this Website at any time without prior notice to you and without liability to you for doing so.
Trade Marks, Copyrights and Restrictions
All material on this Website, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights and trade-marks which are owned and controlled by CNB or by other parties that have licensed their material to CNB.
You do not acquire ownership rights to any content distributed through this Website through your use of the Website. The viewing or downloading of any content from this shall be solely for your own personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. Material from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights and the use of any such material on any other Website or networked computer environment is prohibited.
a. No Legal Relationship – Your use of this Website is not intended and shall not be deemed to create any legal relationship of any kind between you and CNB, other than the legally binding contractual relationship between you and CNB created by these Terms & Conditions, or to amend or vary any existing legal relationship.
b. No Website Warranties – This Website, any linked site and the content and any functionality contained on this Website are provided on an "as is, as available" basis and without representations, warranties or conditions of any kind, either express or implied by CNB. CNB does not warrant that the functionality on this Website will be uninterrupted or error-free, that defects on this Website will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. CNB is not liable to you for damage to your computer, computer system, mobile or other device which results from your accessing, browsing or using this Website. CNB does not represent or warrant that the information on this Website is accurate, complete or current. All of the risk associated with your use of this Website, including but not limited to, the risks associated with the quality and performance of this Website and with the accuracy, comprehensiveness and timeliness of the content is assumed solely by you.
c. General – To the maximum extent permissible by law, CNB disclaims all representations, warranties and conditions express or implied, including but not limited to, representations, warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement of proprietary rights and those arising from a course of dealing, trade or performance.
d. Seeds - Please keep a copy of your proof of purchase (receipt) for your records. Your Cannabis NB proof of purchase will affirm that you obtained your seeds from a legal source. Cannabis NB cannot guarantee viability of seeds. Cannabis NB cannot guarantee that seeds will not de-feminize or hermaphrodite.
Limitation of Liability
IN NO EVENT SHALL CNB BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, THE USE OF THE ONLINE SERVICES, THE USE OF ANY OTHER WEBSITE OR PAGE ACCESSIBLE FROM THE WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH THE ONLINE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF CNB ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, EVEN IF SUCH NEGLIGENCE IS ON THE PART OF CNB, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You agree to indemnify, defend and hold CNB harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
- your infringement of any CNB or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of the Online Services;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, the Online Services; (ii) use of the Online Services for any illegal purpose; or (iii) use of the Online Services to achieve any unauthorized or prohibited access to computer systems and data;
- your use of Online Services; and
- your breach of any of these Terms & Conditions, the Privacy Statement, or any rule, regulation, guideline or policy of CNB as may be established and changed from time to time and posted on the Website.
Links to Third Party Sites
This Website contains links to third party sites. Your use of any site linked to this Website is at your own risk and CNB is not responsible for the availability, accuracy or reliability of the contents of any linked site or any link contained in a linked site. CNB provides these links to you for your convenience only, and the availability of any link does not imply or constitute CNB’s endorsement of the linked site or its contents.
- Unless otherwise specified, the materials in this Website are presented solely for the purpose of providing information to users of the Website, located in the Province of New Brunswick, Canada. This Website is controlled and operated by CNB, from its offices within the Province of New Brunswick. CNB makes no representation that materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of New Brunswick, as it is applied to agreements entered into and to be performed entirely within such province, notwithstanding any conflict of laws provisions or your domicile, residence or physical location. Any action you, any third party or CNB bring to enforce these Terms & Conditions or, in connection with, any matters related to this Website shall be brought only in the courts of the Province of New Brunswick, and you expressly consent and attorn to the jurisdiction of the courts of the Province of New Brunswick.
- If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
- All provisions which by their nature are intended to survive any termination of the agreement created by these Terms & Conditions shall survive any such termination. These Terms & Conditions comprise the entire agreement among you and CNB and supersede all prior agreements among you and CNB with respect to your use of the Online Services.