Welcome to Madrigal Creative shipping services (“Madrigal Creatives Shipping”). These Shipping Terms of Service (“Shipping Terms”) and the terms and conditions herein are an addendum to the Madrigal Creatives Terms of Service (“Agreement”) (collectively, the “Madrigal Creatives Terms”) and constitute a legal, binding agreement between you and Madrigal Holdings, LLC dba Madrigal Creatives and any additional subsidiaries and affiliates (collectively, “Madrigal Creatives”). Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Shipping Terms apply to your purchase, receipt and use of legal industrial hemp-derived products or accessories available for purchase from Madrigal Creatives or any other items sent to you via Madrigal Creatives Shipping (collectively, “Products”).
YOUR USE OF MADRIGAL CREATIVES SHIPPING IS SUBJECT TO THE DISPUTE RESOLUTION SECTION OF THE MADRIGAL CREATIVES TERMS OF SERVICE. THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND MADRIGAL CREATIVES TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CAREFULLY. BY ENTERING INTO THE AGREEMENT AND AGREEING TO THESE SHIPPING TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE MADRIGAL CREATIVES TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Acceptance of the Shipping Terms
By accessing or using Madrigal Creatives Shipping or accepting the Agreement, you hereby expressly acknowledge and agree to be bound by the Shipping Terms. The Shipping Terms are part of and are governed by the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service. In the event of any conflict between the Madrigal Creatives Terms and the Shipping Terms, the Shipping Terms will control for any matters relating to or arising from the use of Madrigal Creatives Shipping.
DISCLAIMERS & ACKNOWLEDGEMENTS
By accessing or using Madrigal Creatives Shipping or otherwise accepting the Madrigal Creatives Terms, you agree to and acknowledge the following:
- Madrigal Creatives Shipping does not provide, sell or ship medical or adult-use cannabis or cannabis products that meet the definition of “marihuana” under 21 U.S.C. § 820(16) (to be referred to hereinafter as “marijuana”).
- Many of the Products available via Madrigal Creatives Shipping contain industrial hemp-derived cannabidiol or “CBD.” Industrial hemp is defined as the plant cannabis sativa L. that contains less than .3% THC on a dry weight basis.
Acknowledgment of Federal Law
You expressly acknowledge and agree that Madrigal Creatives Shipping operates under applicable federal law. It is your responsibility to review applicable federal laws to determine whether you are legally able to purchase, possess or use Products available via Madrigal Creatives Shipping. Furthermore, you acknowledge, agree and understand that your purchase and use of Products available via Madrigal Creatives Shipping is subject to oversight of regulatory bodies such as the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”). You acknowledge and agree that Madrigal Creatives shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.
Acknowledgment of State and Other Applicable Laws
You expressly acknowledge that sales or use of Products available via Madrigal Creatives Shipping may be regulated under applicable state, local or international laws. Madrigal Creatives Shipping is not available in all states. You acknowledge that your use of Madrigal Creatives Shipping or Products available via Madrigal Creatives Shipping is subject to such laws, and that it is your responsibility to review the laws of your state and to know whether you are legally able to purchase, receive, possess or use Products available via Madrigal Creatives Shipping. You acknowledge and agree that Madrigal Creatives shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.
Any statements on the Madrigal Creatives Platform or on any Products available via Madrigal Creatives Shipping have not been evaluated by the FDA. Some or all of the Products and/or ingredients in any of the Products available via Madrigal Creatives Shipping have not been approved or endorsed by the FDA or any regulatory agency. The Products available via Madrigal Creatives Shipping are not intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease in humans or animals. THE INFORMATION PROVIDED IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN BEFORE USING THE PRODUCTS. If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any of our Products.
SHIPPING, RETURNS & REFUNDS
Products available via Madrigal Creatives Shipping are shipped to an address designated by you, provided that such address is within the Madrigal Creatives Shipping Service Areas, which are determined solely by Madrigal Creatives.
Product orders can take multiple business days to be processed and shipped. Products are shipped utilizing a third-party logistics provider who sends Products and accessories via ground shipping. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products purchased via Madrigal Creatives Shipping passes to you upon shipment. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
All Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order or to discontinue offering certain Products without prior notice and in our sole discretion.
Billing & Fees
Any fees that Madrigal Creatives charges you for Products purchased via Madrigal Creatives Shipping are due immediately. In addition to any other Charges described in the Agreement, Charges through Madrigal Creatives Shipping may include applicable Shipping Fees due at the time of checkout.
Refunds & Exchanges
If you are unhappy with your purchase, please contact Customer Support email@example.com. Product purchases may be exchanged or refunded within 30 days of delivery. Once your return is received and accepted, please allow 48-72 hours for your refund to be processed. Credit times will vary depending on your bank provider. Refunds and exchanges may be subject to Shipping Fees and other Charges.
If you received products damaged during shipping, you must notify us within 48 hours of shipment delivery to qualify for an exchange of the exact product. Once the damaged product has been received, a new order will be shipped out to you free of charge.
If you are eligible for a refund, you will be credited to the original form of payment used for the original transaction or given credits to your Account.
This policy shall apply at all times regardless of your decision to terminate your usage, Madrigal Creative’s decision to terminate your usage, disruption caused to the Madrigal Creatives Platform (either planned, accidental or intentional), other delays or disruptions or any other reason whatsoever. Your refund or exchange may be denied if we determine that your request is based on or related to misuse, abuse or fraudulent activity.
If any provision of these Shipping Terms is held to be invalid or unenforceable, you and Madrigal Creatives agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Madrigal Creatives to enforce any right or provision in these Shipping Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Madrigal Creatives in writing.
Updated: July 4, 2020