TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE ARDENT PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. PURCHASES MADE IN AUSTRALIA, CANADA, EGYPT, INDIA, INDONESIA, ISRAEL, MALAYSIA, MEXICO, MOROCCO, NEW ZEALAND, PHILIPPINES, PUERTO RICO, RUSSIA, SAUDI ARABIA, SINGAPORE, SOUTH AFRICA, TAIWAN, THAILAND, UNITED ARAB EMIRATES, AND VIETNAM MAY BE GOVERNED BY DIFFERENT TERMS.

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a ARDENT website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of ARDENT’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and ARDENT and its affiliates (which we may refer to as “ARDENT,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. ARDENT may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us: support@ardentcannabis.com. ARDENT’s Terms of Use and Privacy Policy are incorporated herein by this reference.

PLACING ORDERS ON THE PLATFORM

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be of legal age in your country and a consumer - not a reseller.

NO PURCHASE FOR RESALE

The Platform is intended solely for ARDENT to sell ARDENT products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of ARDENT product by someone who resells, or intends to resell, the ARDENT product to others (consumers, businesses or any third party). If ARDENT believes you are involved in purchase for resale, ARDENT reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

WARRANTY and RETURNS

For Warranty and return information, see our WARRANTY page.

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping bag and submitting your order.

When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

• the product is not available / in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• your bank transfer payment is not received within 12 calendar days after acceptance of your order;
• we believe you are under the legal age in your country;
• we believe that you are a reseller;
• there was an error in the price displayed on the Platform;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see below); or
• in the event of misspelling, pricing or other errors or mistakes in the Platform information.

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

TITLE TRANSFER & RISK OF LOSS

The title and risk of loss for products purchased from ARDENT pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.

PRICE/PAYMENT

PAYMENT METHODS

You can find the available payment methods for each country in the help section of ARDENT.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

PAYMENT PROCESSING

If you pay by credit/debit card, we will deduct the amount due from your account as soon as you place your order. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized ARDENT products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable, at checkout. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.

Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.

SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized ARDENT products are manufactured at different factories, an order for multiple customized ARDENT products may result in split shipments.

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

SHIPPING RATES

FREE SHIPPING

If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.

RETURNS & CANCELLATIONS

CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" link in your account.

If the status of your order is "Processing" or "On Hold" you may cancel your order by contacting our call center (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.

 

RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.

REFUND INFORMATION

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines, see here.

CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products:

Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.

Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.

Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

COUNTRY-SPECIFIC TERMS

If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms above.

CHINA

The section above titled “RETURN AND CANCELLATIONS” is modified by adding the following new section:

“RETURNING ORDERS AFTER DELIVERY –OTHER PRODUCTS

In most cases, you can return your purchase for any or no reason within 7 days of delivery date if the product is in original purchase status and fulfills re-sell conditions (uncut label, unused, and unwashed, not damaged, and not stained), except for the following goods: tailor-made goods; fresh and perishable goods; audio-visual products, computer software and other digital products that are downloaded by the consumers online or whose packages have been unsealed by the consumers; and other goods for which the return thereof is not suitable as determined by their nature and as confirmed by consumers upon purchase. The purchase price will be refunded within seven days upon receipt of the returned products. The shipping costs for returning the products shall be borne by you. For practical information on how to return, see the help section of the Website.”

COSTA RICA

The section above titled “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is modified by adding the following new section:

“Notwithstanding anything to the contrary in these Terms of Use, you may return products within 8 days after delivery, provided that the product is in perfect condition. In addition, for defective products, the minimum guarantee term for returns is 30 days.”

DOMINICAN REPUBLIC

The section above titled “PAYMENT PROCESSING” is modified by adding the following new section:

“Notwithstanding anything to the contrary in these Terms of Use, from the moment you place an order and the delivery of the product, you have three (3) days from the order date to cancel the order, free of charge. In addition, you may return your order within seven (7) days after receipt, without penalty.”

KOREA

The section above titled “RETURNS & CANCELLATIONS: CANCELLING ORDER BEFORE DELIVERY” is modified by adding the following new section:

“Notwithstanding anything to the contrary in these Terms of Use, you have the legal right to cancel an order within 7 days from the day when the goods are received, provided that you will not be entitled to the right to cancel under the following circumstances:

• where the goods have been destroyed or damaged due to a cause attributable to you;
• where the value of the goods has substantially decreased due to a cause attributable to you;
• where the package of the reproducible goods has been destroyed; or
• where the cancellation of orders for goods that are expected to cause significant and unrecoverable loss to ARDENT – such as customized goods produced specifically for you pursuant to your order – and where this fact has been provided to you in advance concerning the subject transaction and your consent has been obtained in writing (including in electronic format).”

Date of Last Revision: December 2020