The following terms and conditions (the “Purchase Terms”) govern your purchase of products (the “Products”) from www.bccannabisstores.com (the “Website”). You agree that the Province (as defined below) 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.
The Website is owned and operated by Her Majesty the Queen, in right of the Province of British Columbia as represented by the Administrator of the Cannabis Distribution Act (the “Province”) and hosted by Shopify Inc.
Health Information
Prior to placing your order, please consult the Health Canada information sheet, found here.
Age
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 Province has received your offer to purchase Products. If the Province 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 Province has shipped those Products capable of being fulfilled to you, forming a legally binding agreement with the Province with respect to such shipped Products.
Although the Province endeavours to stock adequate quantities of all Products, the Province may not be able to fulfill your order. In this event, the Province will notify you at the email address you provided or, if unsuccessful, at the phone number you provided.
Payment
All prices on the Website are in Canadian currency.
When the Province receives your order, the Province will conduct a pre-authorization on your credit card for the amount of your order. Where a charge authorization fails, the Province 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 Province will charge your credit card. In the event that any unfulfilled items were charged on partially fulfilled orders, such amounts will be refunded to your credit card.
Orders
The Province 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 Province may, in its sole discretion, limit or cancel quantities purchased per person or per order. In the event that the Province makes a change to or cancels an order, the Province 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 Province 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 Province 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 Province 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 Province. To request an order cancellation you must contact the Customer Care Centre. The Customer Care Centre 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.
Shipping
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 Province are estimates and are not binding. The Province will not be liable for any delays in shipping.
When your Products are delivered, the person receiving the Products must present proof that he/ she is 19 years of age or older by providing one piece of government-issued identification including a valid driver’s license, passport or citizenship card and must provide a signature to indicate acceptance of the Products. If there is no recipient at the delivery address to provide proof of age and a signature, 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 Province.
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 Province will attempt to notify you at the email address you provided or, if unsuccessful, at the phone number you provided. You may contact the Customer Care Centre to discuss the handling and return of any recalled Products.
Modification of the Purchase Terms
The Province 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 Province will endeavour to ensure that information on the Website is as accurate as possible, however the Province 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 Province 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 Province 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 Province has been specifically advised of the possibility of such damages.
Indemnity
You must indemnify and save harmless the Province and the Province’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 Province or any of the Province’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.
Governing Law
These Purchase Terms are governed by and are to be construed in accordance with the laws of British Columbia.
Waiver
The Province’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.
Severability
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.
Contact
You may contact the Province at:
Customer Care Centre
1 (844) 420-2227
Miscellaneous
The headings used in these Purchase Terms are included for convenience only and will not limit or otherwise affect these Purchase Terms.