Terms & Conditions

General Terms & Conditions of purchase

Buyer shall not be responsible for any order unless it is issued on a Purchase Order and no variation will be effective unless approved in writing by Buyer. Each shipment of Goods received by Buyer shall only be upon the terms of the Purchase Order and these Conditions of Purchase. Buyer objects to and rejects any additional or different terms proposed by Seller on an acceptance, invoice or other Seller document.

Any reference to Seller’s quotation, bid or proposal does not imply acceptance by Buyer of any term, condition or instruction contained therein. In addition to other modes of acceptance, Seller’s acceptance of the Purchase Order or commencement of performance pursuant to the Purchase Order constitutes acceptance by Seller of, and binds Seller to, these Conditions of Purchase.

The Purchase Order together with these Conditions of Purchase (collectively, the “Purchase Contract”) represents the entire agreement between Buyer and Seller, unless otherwise expressly agreed to in a writing signed by Buyer. Except as otherwise permitted by these Conditions of Purchase, no amendment, addition or modification of any provision of the Purchase Contract is binding unless it is in writing, signed by the party to be bound and is specifically described as an amendment or modification of the Purchase Contract. The number appearing on the Purchase Order must be quoted on all invoices, delivery dockets and parcels.

• 1.Price and Payment Terms.
  
  The purchase price of the Goods and the payment terms for all such amounts shall specified in the Purchase Order and shall be firm, fixed and cannot be varied without the prior written agreement of Buyer.
• 2. Title and Risk.
  
  The purchase price of the Goods and the payment terms for all such amounts shall specified in the Purchase Order and shall be firm, fixed and cannot be varied without the prior written agreement of Buyer.
• 3. Specifications.
  
  Seller shall deliver Goods per all product categories, grade, delivery dates, specifications, and quality requirements (“Specifications”) contained in the Purchase Order or otherwise provided to Seller by Buyer in relation to the Goods. Buyer is engaged in a highly regulated business, failure to provide Goods in strict compliance with the Specifications may cause substantial losses to Buyer, including, without limitation, fines, lost profits, or holds on Buyer’s operations.
• 4. Warranties.
  
  Seller represents and warrants that the Goods: (i) shall conform to the Specifications and with the description and product labeling provided by Seller; (ii) shall be sourced, cultivated, manufactured, processed, shipped, labeled, and delivered in accordance with all applicable federal, state and local laws, including, without limitation, the 2018 Farm Bill and regulations promulgated by the United States Department of Agriculture and the Food and Drug Administration; (iii) contain a delta-9 tetrahydrocannabinol (THC) concentration that is less than as required by all applicable state or federal laws; (iv) are delivered to Buyer free and clear of all security interests, liens, or encumbrances of any kind; and (v) are of merchantable quality and are fit for the intended purpose for which they are purchased, including, without limitation, human consumption purposes. These covenants and warranties are in addition to any other warranties, express or implied, or statutory, or provided by Seller or any third party and shall survive any inspection, delivery, acceptance or payment by Buyer.
• 5. Inspection.
  
  Buyer may inspect all goods within thirty (30) days after delivery for damage in transit, shortage, or non-conformance.  If, following such inspection, Buyer notifies Seller in writing that such goods are non-compliant and Seller fails to replace or repair such goods within a mutually agreed upon time after receipt of such written notice, such goods may, at Buyer’s option, be returned to Seller at Seller’s expense. Payment for goods prior to inspection shall not constitute acceptance thereof and is without prejudice to any and all claims that Buyer may have against Seller.
• 6. Set Off.
  
  Seller agrees that Buyer shall have the right to set off against amounts which may become payable by Buyer to Seller under this Purchase Contract or otherwise, any present or future indebtedness of Seller to Buyer, money, prepaid inventory or otherwise, whether arising under this Purchase Contract or otherwise.
• 7. Infrigement.
  
  Seller shall, without limitation, indemnify, defend and hold harmless Buyer and its affiliates and subsidiaries, and their respective employees, directors, officers, equity holders, agents, representatives, successors and assigns from and against any suits, liabilities, loss, damage, expense, claim, causes of actions or liability, including costs of defense and attorneys’ fees, suffered or incurred by Buyer as a result of any claim by a third party alleging infringement of any intellectual property rights in relation to the Goods furnished pursuant to the Purchase Contract.
• 8. Indemnity.
  
  Seller shall indemnify and hold Buyer, and its affiliates and subsidiaries, and their respective employees, directors, officers, equity holders, agents, representatives, successors and assigns, harmless from and against any suits, liabilities, losses, damages, claims, causes of actions, and expenses (including attorneys’ fees) arising out of or connected with any act or omission of Seller, its agents, employees, or subcontractors, or a breach by Seller of the Purchase Contract. This indemnification shall be in addition to the warranty obligations of Seller
• 9. Governing Law.
  
  This Purchase Contract shall be governed by, subject to and construed in accordance with by the laws of the state Colorado, excluding its conflicts of law principles, and the parties irrevocably agree to submit to the exclusive jurisdiction and venue of the state courts located in Denver, Colorado. The prevailing party in any proceeding shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief obtained.
• 10. Waiver.
  
  Failure by either party hereto to enforce any provisions of the Purchase Contract or any rights hereunder, or failure to exercise any election provided for herein, shall in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the party’s right to later enforce or exercise the same or other provisions, rights, or elections it may have under this Purchase Contract.
• 11. Notices.
  
  Any notice required or otherwise given pursuant to this Purchase Contract shall be in writing and shall be hand delivered, mailed certified mail, return receipt requested, postage prepaid, or by recognized delivery service. Any notice to Buyer or Seller shall be to the address shown on the front of the Purchase Contract.
• 12. Counterparts.
  
  This Purchase Contract may be executed in any number of counterparts, each of which, when executed and delivered shall be deemed to be an original, and all of which, when taken together, shall constitute one Purchase Contract. Delivery of executed counterparts by electronic method of transmission shall be equally as effective as delivery of an original executed counterpart to this Purchase Contract.
• 13. Terms of Sale and Refund Policy.
  
  Complete terms of purchase are provided at checkout. By agreeing to the terms and conditions you agree that you understand that the products purchased, whether consumable or topical, contain cannabinoids from hemp plants. Our products are manufactured according to guidelines for cGMP standards for dietary supplements. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products. If you decide to purchase our products, you do so based upon your own opinions as to any benefits these products may provide. All products carry a 30-day customer satisfaction guarantee. If you are not satisfied with any of the products, simply return the unused portion of the product. If we receive a returned product within 30 days, we will issue a full refund. Your acceptance of the terms of purchase means you agree to and understand the refund policy.
• 14. Shipping Policy.
  
  We do not ship to IA, KS, SD, or VA, or internationally. All orders will ship within 1-2 business days, using USPS for the carrier. Shipping times will vary depending on your state and other factors.
• 15. Descriptor.
  
  Purchase will appear on buyer’s credit card statement as “Planetarie, LLC.”
• 16. Damage Due to Shipping.
  
  All of our products are tested for quality, and all shipments are carefully inspected before leaving the warehouse. Upon delivery of your order, please check product carefully to ensure it has not been damaged during shipping. All claims for damaged product must be made with 48 hours. Please contact us and provide detailed information for any product damaged during shipping within that time. Please include a full description of the damages to the product.