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User Agreement

This User Agreement, the 118CBD Privacy Policy and all policies posted on our sites set out the terms on which 118CBD offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here. All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our Privacy Policy.

About 118CBD

118CBD Ltd, 11727042, whose registered office is at 61 Bridge Street, Kington, England, HR5 3DJ, is a marketplace that allows users to buy and sell CBD products. While 118CBD as a platform provider helps facilitate transactions that are carried out on the 118CBD platform, 118CBD is neither the buyer nor the seller of the seller’s items. 118CBD provides a venue for buyers and sellers to complete transactions in accordance with these terms.

Using 118CBD

In connection with using or accessing the Services you will not:

  • post, list or upload content or items which are prohibited on our sites (please see our prohibited items list).
  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • collect or use any product listings, descriptions, or prices;
  • collect or use any information obtained from or about our Services or the content except as intended by this agreement;
  • use the contact information of other users for any purpose other than in relation to a specific 118CBD transaction on the 118CBD site (which includes using this information to send marketing materials directly to 118CBD users unless the user has given explicit consent to receiving these materials);
  • harvest or otherwise collect information about users, such as email addresses, without their consent.

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are violating the policy on Offers to buy or sell outside of 118CBD, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of 118CBD, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the 118CBD site, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

Abusing 118CBD

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
  • we think that such restrictions will improve the security of the 118CBD community or reduce our or another 118CBD user’s exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

Your account and personal information

When you visit 118CBD, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

You agree to notify us of any changes in your information immediately. If you do not do so, we may terminate your account.

Content

  • If you Post Content to any public area of our Services it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
  • Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  • Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  • You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  • Please notify us of any security breach or unauthorised use of your account.

Listing Conditions

When listing an item, you agree to comply with the selling practices policy and that:

  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited items list;
  • your listing may not be immediately searchable by keyword or category for up to 24 hours;
  • you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the 118CBD site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
  • content that violates any of 118CBD’s policies may be modified, obfuscated or deleted at 118CBD’s discretion;
  • URL links that are included in a listing will be removed or altered so as to not affect third-party search engine results;

Purchase Conditions

When buying an item, you agree to comply with the buying practices policy and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item;

International buying, selling

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases and postage of items. Our Services are accessible to international sellers and buyers. We may offer certain programmes, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion.

Your items may be listed on one or more of 118CBD’s international sites in addition to 118cbd.com. You may stop your listings from appearing on international sites by excluding international postage locations from your listings.  By selecting international postage you authorise 118CBD, in its discretion, to display your listings on 118CBD sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites.

118CBD Money Back Guarantee

If there’s a problem with a purchase, the 118CBD Money Back Guarantee helps buyers and sellers communicate and resolve issues. The 118CBD Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

If we resolve a case in the buyer’s favour, or if a seller chooses to reimburse a buyer, 118CBD will deduct funds from the seller’s 118CBD account to reimburse the buyer for the full cost of the item and postage. Where there are insufficient funds in the seller’s 118CBD account, we will directly refund the buyer and then seek reimbursement from you. Please see reimbursing 118CBD.

For this purpose, you, in the capacity of a seller authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.

You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the 118CBD Money Back Guarantee policy. We may suspend the 118CBD Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.

Delivery

You agree that you will at all times in the capacity of a seller:

  • dispatch items from your premises;
  • despatch products within two business days of notification of order by us, by a method of tracked delivery likely to reach the buyer within a further five days.
  • if at any time, any customer notifies you of non-delivery within the time scale set out in our Shipping and Tracking Policy, you will investigate immediately and tell the customer that you are doing so.

For more information please see our Shipping and Tracking Policy.

Returns

You agree that you will at all times in the capacity of a seller:

  • reply promptly and in any event within 48 hours to any customer message or other correspondence;
  • comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your stores page;
  • reimburse 118CBD for any refunds we issue to your customers (please see Reimbursing 118CBD);
  • in the event that a Product ordered is not available, you will immediately tell your customer and cancel the order. Please see cancelling a transaction for more details;
  • provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

Commission and Withdrawals for Sellers

  • The proportion of each sale receipt retained by us is as set out on our Fees and Withdrawals page.
  • Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
  • Funds shall be available for withdrawal to your designated bank account within 8 (eight) days of the order being placed, provided:
    • A valid tracking number has been added to the order;
    • There are no open cases or disputes relating to the order;
    • A chargeback has not been requested by the buyer’s payment provider;
    • The withdrawal amount is greater than our minimum withdrawal amount.
  • If you have a bank account located in the UK, withdrawals will be subject to a processing fee (please see our Fees and Withdrawals page);
  • If you have an international bank account, withdrawals will be subject to an additional fee based on your international transfer banking fee (please see our Fees and Withdrawals page);
  • We will send you an invoice for our charges;
  • If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
  • If an action by a buyer results in a chargeback to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
  • If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
  • We may change our fees, or introduce new fees from time to time by posting the changes on the 118CBD site or via the Notifications section within the Vendor Dashboard 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

Rolling reserve

We may require that as a seller you maintain a minimum balance in your 118CBD Account (a “Reserve“) to secure the performance of your payment obligations under this Agreement. The Reserve will be in an amount we determine to cover our risk from providing the Service to you (including without limitation anticipated Chargebacks or credit risk) or the amount designated by our Processor. The Reserve may be raised, lowered or removed at any time. You agree that we may fund the Reserve from the balance in your Account, funds sent by you upon our request, or funds due to you under this Agreement. You also authorize us to make any withdrawals from the Reserve, without prior notice to you, to collect amounts that you owe us, our Affiliates, or other customers.

Secure payments

We take care to make 118CBD safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Security of Our Services

If you violate our Services we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of our Services, or any software used within it.
  • link to our Services in any way that would cause the appearance or presentation of our Services to be different from what would be seen by a user who accessed our Services by typing the URL into a standard browser;
  • download any part of our Services, without our express written consent;
  • share with a third party any login credentials to our Services;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • circumvent any technical measures we use to provide the Services.

Copyright and other intellectual property rights

  • All content on our Services, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
  • You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
  • For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

Interruption to the 118CBD Service

  • We give no warranty that our Services will be satisfactory to you.
  • We will do all we can to maintain access to our Services, but it may be necessary for us to suspend all or part of our Services for repairs, maintenance or other reason. We may do so without telling you first.
  • You acknowledge that our Service may also be interrupted for reasons beyond our control.
  • You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

Our disclaimers

  • We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
  • We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Services.
  • Our Services are provided “as is”. As to our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
    • as to fitness of our Services for a particular purpose;
    • as to availability and accessibility, without interruption, or without error;
    • any obligation, liability, or remedy in tort whether or not arising from our negligence.

Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

  • any act, neglect or default of yours in connection with this agreement or your use of the Services;
  • your breach of this agreement;
  • your failure to comply with any law;
  • a contractual claim arising from your use of the Services and purchase of a Product.

Data Protection and Privacy

You and 118CBD shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will 118CBD and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from 118CBD exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

Miscellaneous matters

  • You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  • So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  • If you are in breach of any term of this agreement, we may:
    • terminate your account and refuse access to our Services;
    • remove or edit Content, or cancel any order at our discretion.
  • You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
  • Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
    • if delivered by hand: on the day of delivery;
    • if sent by post to the correct address: within 72 hours of posting;
    • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
  • In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  • This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
  • We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
  • The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

These following sections are not contractually part of this agreement.

Consumer protection: cancellation and refunds

This is a statement of your rights as a consumer under the Consumer Contract (Information Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) and of the procedures with which all our Sellers have been asked to comply. We have no responsibility if they fail to do so. If you have any problem with the Product you have purchased from our Services please contact the seller.

Get help with an item that hasn’t arrived
Return an item for a refund

– Products you buy here are delivered within 7 days from the day you place an order to purchase a Product.
The following rules apply to cancellation of your order:

– If you have ordered a product, but not received it, you may cancel your order without giving a reason, at any time within 7 days of your order. You will have no obligation, we will refund you the order amount and seek reimbursement from the seller.

– If you have ordered a product, and received it, you may cancel your order at any time within 14 days of the date you received it. You must tell your Seller that you wish to cancel. You must also send the Product back to him within that same 14 day period.

The Seller will return your money subject to the following conditions:

– The Seller receives the product in a condition in which he can re-sell it at full price.
– You comply with the Seller’s procedure for returns and refunds.

The option to cancel your order is not available:

If you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
If they are a hard medium for a product in soft copy, which comes to you sealed and is returned to them unsealed.
If the goods are somehow mixed with other goods so that they cannot identify or easily separate them.

Liability for subsequent defects

The following rules apply to the return of the Product you claim to be faulty or defective in any way:

– the Product must be returned to the Seller as soon as any defect is discovered but not later than six months from receipt by you.
– the Seller does not have to accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it.
– before you return the Product to the Seller, please carefully re-read the instructions.

The Seller will return your money subject to the following conditions:

– you comply with the Seller’s procedure for returns and refunds.
– the Seller cannot return your money unless he knows who sent back the Product.

If the Seller agrees that the Product is faulty, the Seller will:

– repair or replace the Product, or
– refund the full cost you have paid including the cost of returning the Product.

Products returned

These provisions apply if you buy from us other than being a consumer. The following rules apply to return the faulty Product:

The Seller does not accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it.

Before you return a Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.

The Products must be returned to the Seller as soon as any defect is discovered but not later than [14 days].

So far as possible, a Product should be returned:

– with both Product and all packaging as far as possible in their original condition;
-securely wrapped;
– including the Seller’s delivery slip;
– at your risk and cost.

We advise you to follow the returns procedure set out on your Seller’s profile or otherwise in his terms and conditions, if any. If you do not do so, the Seller may be unable to identify you as the sender of the Products.

If the Seller agrees that the item is faulty, we will:

– refund the cost of return carriage and seek reimbursement from the Seller;
– repair or replace the Product as he chooses.

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