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Vendor Terms of Service

 

Vendor Terms of Service


1. Acceptance of Terms

This User Agreement is a legally binding agreement between you and My Ganja Gear. If you do not agree to the Terms, do not access, browse or use the Website. These vendor policies and regulations apply to every vendor who opens up a My Ganja Gear shop in addition to the standard Terms and Conditions Agreement.

 

    1. All items listed on myganjagear.com must be directly related to Cannabis or Cannabis use. (Though you are more than welcome to state in the product description or on your shop page that your products are for tobacco use only)
    • Example 1: Bong cleaning solution is okay, Windex is not.
    • Example 2: Vaporizers for dried herb and concentrates are okay. Nicotine juice is not.
    • Example 3: Nutrients or pesticides specifically formulated for the Cannabis plant, or specifically beneficial for the Cannabis plant are okay. Miracle Grow is not. For questions regarding what is acceptable or not, please email [email protected]

 

    1. The following items are not permitted to be posted:
      • - Items containing Marijuana (We support legalization, but alas, the US Federal government isn’t there yet. Hemp products are okay as long as they are in compliance with local, US Federal and state laws)
      • - Food or drink items
      • - Leather, fur, bone or ivory items
      • - Products that have been tested on animals

    1. Creating an account and opening a store on myganjagear.com is free of charge! We do not charge listing fees or insertion fees. Ganja Gear only charges a 15% commission per item sold which includes credit card processing fees the seller would normally pay themselves through their merchant account, along with a $0.30 transaction fee per U.S. transactions which is charged to us by the credit card processing companies. If you choose to ship your products outside of the US, the transaction fees vary and can be found in Appendix A at the bottom of this agreement. You, the seller will not pay transaction fees directly through your own credit card merchant accounts (nor do you even need a merchant account for selling on myganjagear.com).We accept Visa, MasterCard, American Express, Discover and PayPal as product payment methods.
    2. All buyer payments are made through ganjagear.com which are then deposited into the seller’s account via Paypal. You must have an active PayPal account to receive payment. (It is free to open a PayPal account if you do not have one already. We will by default send your payments to the PayPal account that is assigned to the email address you provide for your My Ganja Gear account. If you do not have a PayPal account assigned to that address, you will receive an email with instructions on how to create a PayPal account for that address and receive your payment. If you already have a PayPal account linked to a different email address, you can log into PayPal to change the email address assigned to your existing PayPal account)
    3. It is possible that pricing may increase due to any increase in 3rd party fees which will be passed through to you.
    4. As a vendor, you are able to make withdrawals once a week or a minimum of $50, whichever is greater. If there have been any chargebacks related to your account, the chargeback amount along with any chargeback fees will not be available for withdrawal until the chargeback has been settled and the payment is received. The vendor is responsible for payment of all chargeback fees and the amount will be deducted from your balance.
    5. Shipping and handling will be handled exclusively by the seller.
    6. The seller is responsible for handling any buyer related disputes. In the event of a buyer issuing a chargeback, the seller will be solely responsible for resolving the dispute and will incur any associated fees charged by payment providers.
    7. In accordance with US law, My Ganja Gear must report any earnings of $20,000 or more by vendor to the IRS. In such case, we will send a 1099 form to you, the vendor for your tax purposes.

 

2. Services
2.1 Access to the Site is provided to all users free of charge.

2.2 My Ganja Gear, in its sole discretion, may terminate your account if you have violated any of the policies and rules set out in this Agreement and for any reason without prior notice to you. You acknowledge and agree that My Ganja Gear may immediately bar your further access to the Website. My Ganja Gear will not be liable to you or any third party for any termination of your access and/or use of the Website.

2.3 You must be at least 18 years old to buy or sell on this Website and you are solely responsible for any and all activities you perform on this Website.

2.4 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
 
2.5 You agree that My Ganja Gear is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on My Ganja Gear. You use the My Ganja Gear service at your own risk.

3. Transactions between Buyers and Sellers

3.1 Through the Site, My Ganja Gear provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. My Ganja Gear does not represent the seller nor the buyer in specific transactions. As a result, My Ganja Gear does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on its website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
 
3.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. My Ganja Gear uses several techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the Internet is difficult, My Ganja Gear cannot and does not confirm each user's purported identity. My Ganja Gear does not verify that the buyer is of legal age to complete certain purchases. If you sell items containing tobacco or nicotine, such as blunt wraps, any verification of legal age of the buyer rests solely on you, the seller.
    1. 3.3 Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each User agrees that My Ganja Gear shall not be liable or responsible for any damages that may arise a result of or in connection with any transaction risks.
4. Posting Information on My Ganja Gear
 
4.1 You must be a Registered User in order to post information on the Website.
 
4.2 You must provide accurate and verifiable contact information when registering on the Website. You must keep your account information up to date and accurate at all times.
4.3 Basic requirements - We expect our sellers to provide a high level of customer service.
      • - Respond to Conversations in a timely manner.
      • - Resolve disagreements or disputes directly with the buyer.
      • - All prices must be in US dollars and cents.
      • - The sellers must be able to ship throughout the United States.
      • - The sellers must ship within 5 business days after the payment clears. Exemptions from this rule are cases when you ship custom made items or items that require time to be produced.
      • - The PayPal accounts associated with these services must be active and normally working.
      • - If you are unable to complete an order, you must notify the buyer and cancel the order.
4.4 Content requirements
      • - Do not include promotional or boilerplate text in your product titles and descriptions. All text should directly describe the product. Texts related to shipping, handling or store policies must not be included.
      • - Do not invite the users to pay through payment methods not supported and integrated by My Ganja Gear.
      • - Do not direct users to go to other sites to complete the transaction
      • - Do not upload logo images or other generic images such as "image not available" images for your products.
      • - Shipping must be set-up in the store to all locations that are selected in the shipping zones. It is not allowed to request shipping or additional costs after an order has been placed. The buyer should have the full cost upon checkout.
      • - Listed products must be relevant, clear, accurate, and descriptive of the products offered.
 
5. Guidelines and Actions We May Take
 
5.1 All products uploaded with stock images may receive lower rank in My Ganja Gear searches and categories in the main My Ganja Gear marketplace. Merchants with past due amount of marketplace cost might not listed in the main marketplace.
 
5.2 My Ganja Gear reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject My Ganja Gear to liability, violates this Agreement or is otherwise found inappropriate in My Ganja Gear's opinion. In connection with any of the foregoing, My Ganja Gear may suspend or terminate the account of any user as My Ganja Gear deems appropriate in its sole discretion
 
5.3 My Ganja Gear reserves the right to ask you for additional information for verification purposes at any time. Such information might include: photo of ID, passport, utility bills, purchase receipts, tracking numbers or other proofs of shipment. If you receive such request from us, you must respond with the required information in the outlined time frame. If you fail to do so, My Ganja Gear may suspend or terminate your account.
6. Privacy Policy
Please visit our privacy policy page here

 

7. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY GANJA GEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.

8. Limitation of Liability
YOU AGREE THAT MY GANJA GEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.

We hope this never happens, but if My Ganja Gear gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend us (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

You agree to indemnify and hold harmless My Ganja Gear, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the My Ganja Gear, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.

 

 

9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

9.1 You agree to let us use all photos, videos and misc content uploaded to our website on our social media sites and in marketing in general free of charge. You still remain the owner of the content. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send, submit or add photos, images, descriptions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We have no intention of selling comments but rather to use them in order to promote you, the seller as well as My Ganja Gear. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

10. Account Cancellation

You are free to cancel your seller account at any time (though we hope you never do!) and there are no cancellation fees. Upon cancelling your account, you must complete and ship all outstanding orders and respond to all buyer questions. My Ganja Gear reserves the right to withhold seller’s account funds for 30 days in order to settle any potential chargeback claims, or longer if the seller has a high percentage of chargeback claims, negative feedback or customer complaints.

11. Governing Law

This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, California to resolve any legal matter arising from the terms.

 

 

 

Appendix A:

Currency

Fee

Australian Dollar:

$0.30 AUD

Brazilian Real:

0.60 BRL

Canadian Dollar:

$0.30 CAD

Czech Koruna:

10.00 CZK

Danish Krone:

2.60 DKK

Euro (France) (Applicable to International
Personal and Purchase Payments from
US sender to a receiver in France):

€0.25 EUR

Euro (Applicable where the currency
of the payment is Euro but the receiver
is not in France):

€0.35 EUR

Hong Kong Dollar:

$2.35 HKD

Hungarian Forint:

90 HUF

Israeli Shekel:

1.20 ILS

Japanese Yen:

Â¥40 JPY

Mexican Peso:

$4.00 MXN

New Zealand Dollar:

$0.45 NZD

Currency

Fee

Norwegian Krone:

2.80 NOK

Philippine Peso:

15.00 PHP

Polish Zlotych:

1.35 PLN

Russian Ruble

10 RUB

Singapore Dollar:

$0.50 SGD

Swedish Krona:

3.25 SEK

Swiss Franc:

0.55 CHF

Taiwan New Dollar:

10.00 TWD

Thai Baht:

11.00 THB

U.K. Pounds Sterling:

£0.20 GBP

U.S. Dollar:

$0.30 USD

 

 

For questions please email @ [email protected]