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Dark Monarch LLC Terms and Conditions
1. Introduction
These Terms and Conditions govern the sale of all products and services provided by Dark Monarch LLC (“Company”, “we”, “us”, or “our”), a North Carolina limited liability company, to other businesses (“Client”, “Customer”, “you”, or “your”). By placing an order or engaging in any business transaction with Dark Monarch LLC, you agree to be bound by these terms and conditions.
2. Eligibility and Compliance
• Eligibility: Dark Monarch conducts business solely with verified and licensed entities within the cannabis and hemp industry, including dispensaries, distributors, and other businesses engaged in cannabis-related activities. All Clients must provide proof of licensing and legal operation prior to the commencement of any business dealings.
• Compliance with Law: Both parties must comply with all applicable local, state, and federal laws and regulations, including those governing the production, packaging, labeling, transportation, and sale of cannabis-related products. It is the Client’s responsibility to ensure that all products purchased from Dark Monarch LLC are handled and distributed in accordance with the law.
3. Orders
• Placing an Order: Orders may be placed via phone, email, or through our online B2B portal. All orders are subject to approval and acceptance by Dark Monarch LLC.
• Order Acceptance: Dark Monarch reserves the right to accept or reject any order at its discretion. Upon acceptance, a confirmation will be provided to the Client detailing the products, quantities, pricing, and estimated delivery times.
• Changes to Orders: Any requested changes to an order must be submitted in writing and are subject to Dark Monarch’s approval. Additional charges or delays may apply.
4. Pricing and Payment Terms
• Pricing: All pricing is provided in USD and is subject to change without notice. Prices quoted at the time of order placement will apply unless otherwise agreed in writing.
• Payment Terms: Invoices are due within [Net X days] of receipt unless otherwise agreed upon in writing. Late payments may incur a penalty of [X%] per month.
• Payment Methods: Accepted payment methods include ACH transfer, wire transfer, and certified checks. Credit card payments may be accepted at Dark Monarch’s discretion, with any applicable processing fees borne by the Client.
• Non-Payment: In the event of non-payment, Dark Monarch LLC reserves the right to suspend or cancel pending deliveries and pursue legal action or debt collection procedures as necessary.
5. Shipping and Delivery
• Shipping Terms: Shipping is conducted in accordance with state and federal regulations governing the transportation of cannabis-related products. The Client is responsible for all shipping costs unless otherwise agreed in writing.
• Delivery Timeframes: Delivery times provided are estimates only. Dark Monarch LLC is not liable for any delays caused by third-party carriers, governmental actions, or other factors outside our control.
• Risk of Loss: Risk of loss and title to the products passes to the Client upon shipment from Dark Monarch’s facility.
6. Inspection and Acceptance
• Inspection: The Client is responsible for inspecting all products upon delivery. Any discrepancies or damaged products must be reported to Dark Monarch LLC within [X] days of receipt.
• Acceptance of Products: Failure to report discrepancies or defects within the specified time will be deemed acceptance of the products as delivered.
7. Returns and Refunds
• Return Policy: Returns of cannabis-related products are subject to strict legal regulations. As such, returns will only be accepted if the product is proven to be defective, and all requests for returns must be made within [X] days of delivery. Any approved returns will be eligible for replacement or refund at the discretion of Dark Monarch LLC.
• Non-Returnable Items: Custom-packaged or private-label products are non-returnable unless otherwise agreed in writing.
8. Limitation of Liability
• No Warranty: Dark Monarch LLC makes no express or implied warranties with respect to the products sold, including but not limited to merchantability, fitness for a particular purpose, or compliance with applicable regulations beyond those stated in the product’s packaging and labeling.
• Limitation on Damages: In no event shall Dark Monarch LLC be liable for any indirect, consequential, or incidental damages arising from the sale or use of its products, even if advised of the possibility of such damages. Dark Monarch’s total liability shall not exceed the purchase price of the products in question.
9. Intellectual Property
• Ownership: All intellectual property, including but not limited to trademarks, trade names, logos, and product designs, remains the sole property of Dark Monarch LLC. No rights or licenses are granted to the Client under these Terms and Conditions except as expressly stated in writing.
• Confidentiality: The Client agrees to maintain the confidentiality of any proprietary information disclosed by Dark Monarch LLC during the course of business.
10. Force Majeure
Dark Monarch LLC shall not be liable for any delays or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, natural disasters, governmental orders, strikes, or other industrial disputes.
11. Termination
Dark Monarch LLC reserves the right to terminate any business relationship, order, or contract with immediate effect if the Client breaches any of the terms set forth in these Terms and Conditions or is found to be operating in violation of applicable laws and regulations.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law principles. Any disputes arising from these terms shall be resolved in the state or federal courts located in North Carolina.
13. Modifications to Terms
Dark Monarch LLC reserves the right to modify these Terms and Conditions at any time. Clients will be notified of any changes, and continued business with Dark Monarch constitutes acceptance of the updated terms.
14. Entire Agreement
These Terms and Conditions, along with any written agreements between the parties, constitute the entire agreement between Dark Monarch LLC and the Client. Any amendments or modifications must be agreed to in writing by both parties.
Dark Monarch LLC Return and Refund Policy
At Dark Monarch LLC, we are committed to providing high-quality cannabis and hemp products to our clients. To ensure satisfaction and address any issues promptly, we have established the following return and refund policy for our wholesale customers.
1. Inspection Upon Delivery
• Immediate Inspection Required: Upon receipt of goods, it is the Client’s responsibility to inspect all products immediately for any defects, damages, or discrepancies. Dark Monarch LLC will not accept responsibility for any damage or issues reported after the inspection period has lapsed.
2. Reporting Damages or Defects
• 48-Hour Notification Window: Any claims for damaged, defective, or incorrect products must be reported within 48 hours of delivery. Reports made after this time frame will not be eligible for return or refund.
• Photo Evidence Requirement: To initiate a claim, the Client must provide clear photo evidence of the damage or defect, along with a description of the issue, to support@darkmonarch.com. The photos should clearly show the damaged or defective product as it arrived, including packaging.
3. Return Authorization
• Request for Return Authorization: Upon receiving the damage report and photo evidence, Dark Monarch LLC will review the claim and, if approved, issue a Return Merchandise Authorization (RMA). No returns will be accepted without an RMA.
• Product Condition: Only products that are unused, unopened, and in their original packaging may be eligible for return, unless the product is proven to be defective or damaged upon delivery.
4. Approved Returns
• Replacement or Refund: Once the damaged or defective product has been returned and inspected, Dark Monarch LLC will, at its discretion, either replace the product or issue a refund. Refunds will only be issued for products deemed defective or damaged upon receipt.
• Return Shipping Costs: For products approved for return, Dark Monarch LLC will provide instructions on shipping. In cases of confirmed defects or damage, we will cover return shipping costs. Otherwise, return shipping costs are the responsibility of the Client.
5. Non-Returnable Items
• Custom-Packaged Products: Custom-packaged, private-labeled, or special-order products are not eligible for return unless there is a confirmed defect or damage.
• Final Sale Items: Certain discounted or promotional items may be marked as final sale and will not be eligible for return or refund.
6. Refund Processing
• Refund Method: Approved refunds will be issued via the original payment method unless otherwise agreed. Processing of refunds may take up to 10 business days from the date the return is received and inspected.
• Partial Refunds: In cases where only a portion of the order is damaged or defective, Dark Monarch LLC reserves the right to issue a partial refund based on the value of the damaged products.
7. Compliance with Delta-9 THC Limits
• THC Content Compliance: All products sold by Dark Monarch LLC are certified to contain less than 0.3% Delta-9 THC by dry weight volume in compliance with the U.S. Federal Farm Bill of 2018 and applicable state laws. It is the Client’s responsibility to ensure that they are aware of the legal status of hemp products in their jurisdiction. Dark Monarch LLC will not be responsible for any legal repercussions arising from improper use or distribution of our products.
• Certificate of Analysis (COA): Each batch of our products is accompanied by a Certificate of Analysis (COA) from a third-party laboratory, verifying compliance with the legal limit of Delta-9 THC. Clients may request additional copies of the COA for any purchased products if needed.
8. Limitation of Liability
Dark Monarch LLC’s liability for damaged or defective products is limited to the replacement or refund of the affected items, as outlined in this policy. In no event shall Dark Monarch LLC be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the products.
9. Compliance with Federal and State Regulations
Given the nature of the products, all returns and refunds will be handled in compliance with applicable federal and state regulations regarding the packaging, transportation, and sale of cannabis and hemp products.
Dark Monarch LLC
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