The following terms and conditions (the “Purchase Terms”) govern your purchase of products (the “Products”) from www.indigenousbloom.com (the “Website”). You agree that Indigenous Bloom Corp. (the Company) may, in its sole discretion, amend these Purchase Terms. You can review the most current version of these Purchase Terms at any time on the Website. By placing an order on the Website, you acknowledge that you have read and agree to be bound by these Purchase Terms (including without limitation any terms and conditions incorporated by reference) and agree to comply with all applicable laws and regulations.
These Purchase Terms are in addition to the website use terms and conditions that apply to your use of the Website.
Prior to placing your order, please consult the Health Canada information sheet, found here.
You must be 19 years of age or older to purchase Products. If you are less than 19 years of age, you are not legally permitted to purchase Products from the Website.
Purchase of Product
The products on the Website are an invitation for you to make an offer to purchase Products and are not offers to sell Products. By placing an order, you are making an offer to purchase the Products in your order.
At the time of your order, you will receive an order confirmation to the email address that you have provided, indicating that the Company has received your offer to purchase Products. If the Company is able to fulfill your order, you will receive a shipping notice to the email address that you have provided, advising when your Products will be shipped. Your offer is not accepted until such time as the Company has shipped those Products capable of being fulfilled to you, forming a legally binding agreement with the Company with respect to such shipped Products.
Although the Company endeavours to stock adequate quantities of all Products, the Company may not be able to fulfill your order. In this event, the Company will notify you at the email address you provided or, if unsuccessful, at the phone number you provided.
All prices on the Website are in Canadian currency.
When the Company receives your order, the Company will conduct a pre-authorization on your credit card for the amount of your order. Where a charge authorization fails, the Company reserves the right to make multiple attempts at posting a transaction authorization to your credit card, or to cancel the order. Once your Products are shipped, the Company will charge your credit card.
The Company reserves the right to refuse, revise, reject, correct, or cancel any order you place through the Website. You may not order more than 30 grams of non-medical cannabis per order. The Company may, in its sole discretion, limit or cancel quantities purchased per person or per order. In the event that the Company makes a change to or cancels an order, the Company may attempt to notify you at the email address you provided or, if unsuccessful, at the phone number you provided. Orders may only be placed by individuals and the Company reserves the right to reject and cancel orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account information and credit card numbers and expiration dates, so that the Company can complete your transactions and contact you as needed. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Company or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your account and payment information.
You are solely responsible for the accuracy of orders placed with the Company. To request an order cancellation you must contact the Company’s email: . The Company may or may not be able to cancel an order depending on the status of fulfillment. If the order is not cancellable, it will be shipped as ordered and you will be charged accordingly.
Delivered Products may not appear exactly as shown on the Website.
The cost of shipping will be added to your order at the time of checkout. The time it takes for your order to arrive to you depends on your address and order processing time. Any shipping time estimates provided by the Company are estimates and are not binding. The Company will not be liable for any delays in shipping.
If there is no recipient at the delivery address, your Products will be routed to a Canada Post outlet and you will have up to 15 days to retrieve them, after which time your Products will be returned to the Company.
Returns and Recalls
Returns of Products purchased through the Website are governed by the Returns Policy, which is incorporated herein by reference and may be updated from time to time, without notice to you. To view the current Returns Policy, click here.
In the event of a Product recall, the Company will attempt to notify you at the email address you provided or, if unsuccessful, at the phone number you provided. You may contact the Company to discuss the handling and return of any recalled Products.
Modification of the Purchase Terms
The Company reserves the right, in its sole discretion, to update, change or replace any Purchase Terms or any part of these Purchase Terms by posting updates and changes to the Website. The Purchase Terms posted on the Website at the time that you place an order for Products are the Purchase Terms that apply to that order. It is your responsibility to review the Purchase Terms at the time of placing an order.
Errors and Omissions
The Company will endeavour to ensure that information on the Website is as accurate as possible, however the Company will not be held liable for any errors or omissions, including without limitation those that relate to Product descriptions, pricing, shipping charges, transit times and availability. The Company reserves the right, at any time and without prior written notice (including after you have submitted your order), to correct any errors or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate.
Limitation of Liability
Under no circumstances will the Company be liable to any person for any direct, indirect, special, incidental, or consequential damages, or loss of or damage to property, or claims to third parties, or other pecuniary losses whether based in contract, tort (including negligence), strict liability or otherwise, even if the Company has been specifically advised of the possibility of such damages.
You must indemnify and save harmless the Company and the Company’s employees and agents from any loss, claim (including any claim of infringement of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Company or any of the Company’s employees or agents may sustain, incur, suffer or be put to at any time (each a “Loss”) to the extent the Loss is directly or indirectly caused or contributed to by any act or omission by you, your violation of any law or any violation of the Purchase Terms by you.
These Purchase Terms shall be governed by and construed in accordance with the laws, rules, regulations, bylaws and ordinances of the Osoyoos Indian Band (OIB).
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The parties agree that they will not appeal any arbitration decision to any court.
The Company’s failure to insist upon or enforce strict performance of any of these Purchase Terms will not be construed as a waiver of any such Purchase Term.
If any provision of these Purchase Terms or the application of it to any person or circumstance is invalid or unenforceable to any extent, the remainder of these Purchase Terms and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.
You may contact the Company at:
The headings used in these Purchase Terms are included for convenience only and will not limit or otherwise affect these Purchase Terms.